United States v. Patrick Bacon ( 2020 )

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 4 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-50115 Plaintiff-Appellee, D.C. No. 5:17-cr-00159-PA-2 Central District of California, v. Riverside DANIEL RAY, AKA Popeye, AKA Daniel ORDER T. Ray, AKA Daniel Thomas Ray, Defendant-Appellant. UNITED STATES OF AMERICA, No. 18-50120 Plaintiff-Appellee, D.C. No. 5:17-cr-00159-PA-1 v. PATRICK JOHN BACON, Defendant-Appellant. . THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that United States v. Bacon, No. 18-50120, 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. The memorandum disposition is vacated with respect to United States v. Bacon, No. 18-50120. The mandate remains in effect with respect to United States v. Ray, No. 18-50115. 2