ORDER

The opinion filed June 17, 2005, and appearing at 412 F.3d 1071 (9th Cir. 2005), is withdrawn. Pursuant to General Order 5.3.a, an opinion is filed contemporaneously with this order. With the withdrawal of the opinion, the petition for rehearing is granted and petition for rehearing en banc is denied as moot. Subsequent petitions for rehearing and petitions for rehearing en banc may be filed. Federal Rule of Appellate Procedure 40 now controls.