*846ORDER
Judges Browning and B. Fletcher have voted to reject the petition for rehearing. Judge Gould would have granted the petition.
Judges Browning and B. Fletcher recommended denial of the petition for rehearing en banc. Judge Gould voted to grant the en banc hearing.
The full court was advised of the petition for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonre-cused active judges in favor of en banc consideration. Fed. R.App. P. 35(b).
The petition for rehearing and for rehearing en banc are DENIED.