Affirmed in part, vacated in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge TRAXLER concurs as to Parts III., IV.A, and V. and dissents as to Parts II. and IV.B., and Judge WYNN concurs, except for Part III. Chief Judge TRAXLER and Judge WYNN each wrote a separate opinion concurring in part and dissenting in part. DIANA GRIBBON MOTZ, Circuit Judge: James Owens bro…
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