ORDER
The panel has voted to deny the petition for panel rehearing and petition for rehearing en banc. Judge O’Scannlain would grant the petition for panel rehearing and the petition for rehearing en banc.
The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en *1080banc. The matter failed to receive a majority of the votes of the nonreeused active judges in favor of en banc reconsideration. FED. R. APP. P. 35.
The petition for rehearing en banc is denied.