, Plaintiff-Appellee, v. Michael David BLAZEK, Defendant-Appellant. No. 05-1705. Submitted: Sept. 13, 2005. Filed: Dec. 21, 2005. Rehearing and Rehearing En Banc Denied Feb. I, 2006." FN• Judge Colloton did not participate in the consideration or decision of this matter. Background: Defendant was convicted in the