FILED UNITED STATES COURT OF APPEALS DEC 14 2011

MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 10-10274

Plaintiff - Appellee, D.C. No. 2:07-cr-00018-EJG-1 Eastern District of California, v. Sacramento

GLORIA GIANNINI, ORDER AMENDING MEMORANDUM DISPOSITION Defendant - Appellant. AND DENYING PETITION FOR PANEL REHEARING AND SUGGESTION FOR REHEARING EN BANC

Before: BYBEE and MURGUIA, Circuit Judges, and EZRA, District Judge.*

The Memorandum Disposition filed July 5, 2011 is amended as follows:

On page 2, in the first sentence of the third paragraph, change “the district court did not clearly err in finding” to “the district court did not err in finding”. On page 3, in the first full sentence appearing on this page, change “The 2004 plea agreement could not immunize Giannini for the ongoing fraud in which she was engaged, and in which she continued until 2006.” to “The 2005 plea agreement did not immunize Giannini for the fraud in which she was engaged.”

With this amendment, the panel has voted to deny the petition for panel

rehearing.

* The Honorable David A. Ezra, District Judge for the U.S. District Court for the District of Hawaii, sitting by designation. The full court has been advised of the petition for rehearing en banc and no

judge has requested a vote on whether to rehear the matter en banc. Fed. R. App.

P. 35.

Appellant’s petition for rehearing and petition for rehearing en banc, filed

August 16, 2011, is DENIED. The panel will not entertain future petitions for

rehearing.

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