The opinion
PER CURIAM:
The Court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor, rehearing en banc is DENIED. In the en bane poll, 5 judges voted in favor of rehearing (Judges Jones, Smith, Clement, Owen, and Graves), and 10 judges voted against rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Prado, Elrod, Southwick, Haynes, Higginson, and Costa). Upon the filing of this order, the Clerk shall issue the mandate forthwith. See Fed. R.App. P. 41(b).