*591ORDER

The motion to file the petition for rehearing en banc is granted. The petition for rehearing en banc is construed as a petition for panel rehearing and suggestion for rehearing en banc. The petition for panel rehearing is GRANTED. The memorandum disposition filed on December 20, 2006, is withdrawn and a new memorandum disposition will be filed in its place. A petition for rehearing, if any, is due 14 days from the filing date of the disposition.