Edwards

ORDER

The memorandum disposition filed on February 15, 2007, is withdrawn and an memorandum disposition is filed simultaneously with this order.

With the memorandum disposition, the panel has unanimously voted to deny the petition for panel rehearing.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35. The petition for panel rehearing and rehearing en banc is DENIED. No further petitions for rehearing or for rehearing en banc may be filed.

MEMORANDUM *

Duncan William Edwards was convicted under 18 U.S.C. §§ 152 and 1014 and received a sentence of seven months’ home detention, five years’ probation, and a $5000 fine. At the time of his sentencing the Supreme Court had issued its decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), but had not yet issued its decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). While the Government’s appeal was pending in our court, the Supreme Court filed Booker , and we issued our en banc decision in *628 United States v. Ameline, 409 F.3d 1073…