UNITED STATES of America, Appellant v. Marc RICKS, Appellee, 506 F.3d 281

ORDER SUR PETITION FOR REHEARING EN BANC SECOND AMENDED JULIO M. FUENTES, Circuit Judge. The Petition for Rehearing filed by the Appellee in the above-entitled matter, having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular service not having voted for rehearing, the Petition for Rehearing by the panel and the Court en banc, is hereby DENIED. Judge Ambro files a separate dissent.