Upon the vote of a majority of nonre-cused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth *982Circuit, except to the extent adopted by the en banc court.
Notes
. Judge Fisher is recused.
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