, Circuit Judges.          After examining the briefs and appellate record, this panel has determined  unanimously that oral argument would not materially assist the determination of  this appeal. See Fed. R. App. P. 00(a)(0); 00th Cir. R. 00.0(G). The case is  therefore ordered submitted without oral argument.           *           This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel.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.           