The petition to rehear this case (decided February 7, 2013, in an opinion reported at 706 F.3d 820) en banc is denied. Judges Rovner, Wood, Williams, and Hamilton voted to grant rehearing en banc.

See also the supplemental panel opinion, issued today, which denies panel rehearing, together with a dissenting opinion by Judge Rovner.

join, dissenting from the denial of rehearing en banc. I dissent from the denial of rehearing en banc for the same reasons set forth in my dissent from the denial of rehearing by the panel. I hereby incorporate by reference that dissent as a statement of the reasons why I believe the court should rehear this case en banc.