                  FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA                    No. 08-30445
               Plaintiff-Appellant,
               v.                             D.C. No.
                                          3:96-CR-00080-JKS
JOHN MICHAEL FOX,
                                                ORDER
              Defendant-Appellee.
                                      
                 Filed September 16, 2009


                          ORDER

KOZINSKI, Chief Judge:

   Upon the vote of a majority of nonrecused active judges, it
is ordered that this case be heard en banc pursuant to Circuit
Rule 35-3.




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