USA V. CYNTHIA MONTOYA, No. 21-50129 (9th Cir. 2022)

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This opinion or order relates to an opinion or order originally issued on September 13, 2022.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 14 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. U.S. COURT OF APPEALS 21-50129 D.C. No. 3:20-cr-02914-LAB-1 Southern District of California, San Diego CYNTHIA LEON MONTOYA, ORDER Defendant-Appellant. MURGUIA, Chief Judge: Upon the vote of a majority of nonrecused 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 opinion is vacated. Judges Owens and Bumatay did not participate in the deliberations or vote in this case.

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