Larsen

ORDER

The opinion filed September 16, 2013, is hereby AMENDED as follows:

1. At page 9, line 9, of the slip opinion, delete and replace it with

2. At page 19, lines 9-10, of the slip opinion, delete and replace it with .

3. At page 19, line 20, of the slip opinion, delete < against the State, and then abandoned him> and replace it with < against the State. Linder and Gage then abandoned Larsen >.

4. At page 19, line 24, of the slip opinion, delete < extremely >.

5. At page 19, lines 26-27, of the slip opinion, delete cbecause of his retention of Linder> and replace it with cbased on his retention of Gage and Linder >.

With the opinion thus amended, the panel has unanimously voted to deny the petition for rehearing. Judges Reinhardt and Wardlaw have voted to deny the suggestion for rehearing en banc, and Judge Can-by has recommended denial.

The full court has been advised of the petition for rehearing en banc. No active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The…