.    *       This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 00th Cir. R. 00.0.        After examining the briefs and appellate record, this panel has determined  unanimously to grant the parties' request for a decision on the briefs without oral  argument. See Fed. R. App. P. 00(f); 00th Cir. R. 00.0(G). The case is therefore  ordered submitted without oral argument.        