*1 Before REAVLEY, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. 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 not having voted in favor (F ED . R. A PP . P. 35 and 5 TH C IR . R.

-1- *2 35), the petition for rehearing en banc is DENIED.

THE MANDATE SHALL ISSUE FORTHWITH.

-2-