United States v. Francisco Lucas, Jr. ( 2023 )

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 16 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 22-50064 Plaintiff-Appellee, D.C. No. 8:21-cr-00017-JVS-1 v. Central District of California, Santa Ana FRANCISCO LUCAS, Jr., AKA Choko, AKA Francisco Lucas, 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.