The court having been polled at the request of one of the members of the court, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R.App. P. 35 and 5th Cir. R. 35), the petition for rehearing en banc is DENIED.
In the en banc poll, 3 judges voted in favor of rehearing (Dennis, Elrod, and Graves), and 12 judges voted against rehearing (Jones, King, Jolly, Davis, Garza, Stewart, Clement, Prado, Owen, South-wick, Haynes, and Higginson).
JERRY E. SMITH, Circuit Judge, did not participate in consideration of the rehearing en banc.