ORDER

On February 17, 2010, the court issued an order granting the United States’ Petition For Rehearing En Bane. Having now heard oral argument in the matter, the court, with Judge Hartz dissenting, has voted to vacate the February 17, 2010 order granting rehearing en banc. Consequently, our February 17, 2010 order is VACATED. The original panel opinion remains in effect and the judgment which issued originally on October 26, 2009, is reinstated. See 10th Cir. R. 35.6. The *1202 clerk is directed to issue the mandate forthwith.