Court of Appeals for the Ninth Circuit June 2, 2011, 09-10303 (United States v. Jerry Pool)

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 09-10303

Plaintiff-Appellee, D.C. No.

v.  2:09-cr-00015-

JERRY ARBERT POOL, EJG-1

Defendant-Appellant.

 ORDER

Filed June 2, 2011

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it

is ordered that this case be reheard en banc pursuant to Circuit

Rule 35-3.