Opinion by Judge THOMAS; Dissent by Judge O’SCANNLAIN. ORDER In response to the petition for rehearing, the panel has elected to file an amended opinion and amended dissent. The amended opinion and dissent are filed concomitantly herewith. With the filing of the amended opinion and dissent, Judges Schroeder and Thomas voted to deny the petition for rehearing and rehearing en banc. Judge O’Scannlain voted to grant t…
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