ORDER

Upon consideration of the order of the Supreme Court of the United States in Peter H. Beer, et al. v. United States, - U.S. -, 131 S.Ct. 2865, — L.Ed.2d - (2011), vacating this court’s judgment and remanding to this court for further consideration,

It Is Ordered That:

The mandate of this court issued on March 30, 2010 is recalled, the appeal is reinstated, and this court’s January 15, 2010 judgment is vacated.