*946ORDER
Judges Pregerson and Ingram voted to deny appellee’s amended petition for rehearing. Judge Pregerson voted to reject the suggestion for rehearing en banc and Judge Ingram so recommended.
Judge Kleinfeld voted to grant the petition for rehearing and to accept the suggestion for rehearing en banc.
The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehearing the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P. 35.
The amended petition for rehearing is denied and the suggestion for rehearing en banc is rejected.