The opinion
ORDER
Judge Kleinfeld voted to deny the petition for rehearing en banc, and Judge Ta-shima so recommended. Judge Fisher voted to grant the petition for rehearing en banc.
The full court was advised of the petition for rehearing en banc. A judge of the court called for a vote on whether to rehear the matter en banc. On such a vote, a majority of the active judges failed to vote in favor of en banc rehearing.
The petition for rehearing en banc is DENIED.