ORDER
This matter is before the court on appellant’s Petition for Rehearing En Banc. We also have a response from the appellee. The en banc request and response were circulated to all the judges of the court who are in regular active service. A poll was called, and a majority of the court *1105declined to grant en banc review. Consequently, the petition request is denied. See Fed. R.App. P. 35(a). Judges Tymkovich, Gorsuch, Holmes, and Matheson would grant the petition for rehearing en banc.