¶1Trevor W. Morrison and John H. Blume, Cornell Law School, Ithaca, NY, for the petitioner-appellant.
¶2David F. Glassman, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.
¶3Before B. FLETCHER, RYMER, and FISHER, Circuit Judges.
¶5ORDER
¶6The majority opinion filed September 21, 2005, is amended as follows:
¶7Page 13519, line 6: delete sentence beginning with “Indeed, Sims submitted no evidence.... ”
¶8With this amendment, the majority of the panel votes to deny the petition for rehearing. Judges Rymer and Fisher vote to deny the petition for rehearing en banc. Judge B. Fletcher would grant the panel rehearing and recommends en banc rehearing.
¶9The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested on whether to rehear the matter en banc. Fed. R.App. P. 35.
¶10The petition for rehearing and petition for rehearing en banc are DENIED.