Dissent by
Judge BERZON.ORDER
The opinion in this case, filed June 25, 2002 and published at 292 F.3d 1209 (9th Cir.2002), is amended by striking therefrom the dissent of Judge Berzon, and substituting in its place Judge Berzon’s dissent filed contemporaneously with this order. No change is made in the majority opinion.
Judges Thompson and O’Scannlain have voted to deny the Petition for Rehearing. Judge O’Scannlain has voted to deny the Petition for Rehearing En Banc, and Judge Thompson has recommended denial of that petition. Judge Berzon has voted to grant the Petition for Rehearing and the Petition for Rehearing En Banc.
The full court has been advised of the Petition for Rehearing En Banc, and no judge of the court has requested a vote on that petition. See Fed. R.App. P. 35(b).
The Petition for Rehearing and the Petition for Rehearing En Banc are DENIED.