ORDER
It is ordered granting the petition of the United States for modification of opinion. The attached amended opinion and amended dissent are ordered filed.
Attorney's Fees
It is further ordered that the appellee Jack Johnson's unopposed request for attorney's fees on appeal is granted. See 28 U.S.C. Sec. 2412(d). Fees are awarded in the amount of $7,290.26.
OPINION
TANG, Circuit Judge:
In this appeal we decide whether...
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