ORDER
Appellant filed a petition for rehearing and rehearing en banc.
On the petition for rehearing, Chief Judge Wilkinson and Judge Hall (SUSCJ, 9CCA) voted to deny. Judge Motz voted to grant.
A member of the Court requested a poll on whether this case should be reheard en banc. The poll did not attract a majority of the judges in active service.
*244Judges Widener, Niemeyer, Luttig, and Motz voted for rehearing en banc. Chief Judge Wilkinson and Judges Williams, Michael, and Gregory voted against rehearing en banc. Judges Wilkins, Traxler, and King were disqualified from participation in the poll on rehearing en banc.
Chief Judge Wilkinson filed an opinion concurring in the denial of rehearing en banc. Judge Niemeyer filed an opinion dissenting from the denial of rehearing en banc. Judge Motz filed an opinion dissenting from the denial of rehearing en banc, in which Judge Luttig joined.
The petition for rehearing and rehearing en banc are hereby denied. Entered at the direction of Chief Judge Wilkinson for the Court.