ORDER
This matter is before the court on the appellant's Petition for Rehearing En Banc. We also have a response from the appellees.
The petition and response were circulated to all judges of the court who are in regular active service. A poll was called, and a majority of the judges voted to deny the request for en banc review. See Fed. R. App. P. 35(a). Consequently, the petition is denied.
Judges Briscoe, Lucero, Phillips and McHugh...
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