USA v. Tymond Preston

Filing

Filed Order for PUBLICATION (ALEX KOZINSKI) 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 shall not be cited as precedent by or to any court of the Ninth Circuit. Judge Murguia did not participate in the deliberations or vote in this case. [8742285]

Case: 11-10511

08/14/2013

ID: 8742285

DktEntry: 50

Page: 1 of 1

FILED
AUG 14 2013

FOR PUBLICATION
UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff - Appellee,

No. 11-10511
D.C. No. 3:10-cr-08026-GMS-1

v.
ORDER
TYMOND J. PRESTON,
Defendant - Appellant.

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 Federal Rule of Appellate Procedure 35(a)
and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.
Judge Murguia did not participate in the deliberations or vote in this case.