ORDER AND AMENDED OPINION
ORDER
The opinion filed August 11, 2009, is hereby amended. The amended opinion is attached hereto.
With this amendment, the panel unanimously has voted to deny Appellant's petition for rehearing and suggestion for rehearing en banc.
The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
Accordingly...
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