ON PETITION FOR REHEARING.
DYK, Circuit Judge.
Petitioner Robert H. Lary, Jr. ("Lary") died on February 17, 2007, after our original opinion had issued. Lary's personal representative moved to have Robert H. Lary, Sr., his father and personal representative, substituted as the petitioner, and the government moved to vacate our original opinion and dismiss the appeal as moot. In a separate order issued today, we have granted the motion to substitute and denied...
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