ORDER
The opinion filed February 22, 2010, and published at 596 F.3d 538, is hereby amended by deleting footnote 2 (and renumbering succeeding footnotes) on pages 2825-26 of the slip opinion (also found at 596 F.3d 538, 543-44).
With this amendment, the panel votes to deny the petition for panel rehearing. Judge M. Smith votes to deny the petition
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