ORDER AND DISSENTS DENYING REHEARING EN BANC
ORDER
The opinion filed November 3, 2003, and appearing at 348 F.3d 815 (9th Cir.2003), is amended by the opinion filed simultaneously with this order.
With these amendments, the panel has voted to deny the petition for rehearing. Judges Rymer and Tallman have voted to deny the petition for rehearing en banc and Judge Leighton so recommends.
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.
The petition for rehearing and petition for rehearing en banc are DENIED.