FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

 v.

ALEXIS TORRES SIMON, Defendant-Appellant.

No.    15-10203

JAN 27 2017

2:13-cr-00148-JAD-GWF-2

District of Nevada, Las Vegas

ORDER

THOMAS, Chief Judge:

Upon the vote of a majority of non recused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.  The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit.