ORDER
Judge W. Fletcher has voted to deny the petition for rehearing en banc, and Judges Goodwin and Mills so recommend.
A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f).
Appellant's petition for rehearing en banc, filed August 30, 2010, is DENIED.
BEA, Circuit Judge, joined by O'SCANNLAIN...
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