CARL E. STEWART, Circuit Judge:
The original opinion in this case was issued by the panel on May 11, 2010. No active judge of this court having requested a poll (FED. R.APP. P. 35; 5TH CIR. R. 35), the petition for rehearing en banc is DENIED. The petition for panel rehearing is GRANTED to the extent that we VACATE our previous opinion (
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