United States v. Jerry Pool , 646 F.3d 659 ( 2011 )

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. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 7485