Opinion
No. 06-3105.
Filed On: November 9, 2007.
BEFORE: Ginsburg, Chief Judge, and Sentelle, Henderson, Randolph, Rogers, Tatel, Garland, Brown, Griffith, and Kavanaugh, Circuit Judges.
ORDER
Appellee's petition for rehearing en banc and the response thereto were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing, it is.
ORDERED that the petition be denied.
Circuit Judges Sentelle, Henderson, Randolph, and Brown would grant the petition for rehearing en banc.
Circuit Judge Kavanaugh did not participate in this matter.