UNITED STATES of America, Plaintiff-Appellant, v. Kevin McCLAIN; George Brandt; Jason Davis, Defendants-Appellees, 444 F.3d 537

ORDER This matter comes before the court upon the petitions for rehearing, with suggestion for rehearing en banc, filed by the appellees, and the response of the appellant thereto. The petitions have been circulated not only to the original panel members but also to all other judges of the court in regular active service, less than a majority of whom have voted in favor of rehearing en banc. Accordingly, the petitions have been returned to the panel for decision.

Upon consideration of the petitions and the response the panel concludes that the issues raised therein were fully considered upon the original submission and decision of the case, and each of the requests for rehearing is therefore denied. In addition, Chief Judge Boggs has revised the penultimate paragraph of his opinion concurring with the decision of December 2, 2005, and copies of that decision and the revised concurrence are attached hereto. Judge Daughtrey recused herself from participation in this ruling. Editor’s Note: The revised opinion appears at 444 F.3d 556.