UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT DEC 13 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS JASON RUTAN PAPPAS, No. 16-55191

Petitioner-Appellant, D.C. No. 5:14-cv-01994-CJC-SS v. Central District of California, Riverside AMY MILLER, Warden, ORDER Respondent-Appellee.

Before: WARDLAW and PAEZ, Circuit Judges, and CHHABRIA,* District Judge.

The memorandum disposition filed on October 23, 2018 is amended as

follows:

On page two of the memorandum disposition, in the paragraph beginning

“In addition,” replace “In addition, if a juror was (or had been) a member of

MADD and did not disclose that membership when asked, this would have shown

“actual bias.” Olsen, 704 F.3d at 1189.” with “In addition, if a juror was (or had

been) a member of MADD and did not disclose that membership when asked, this

may well have shown “actual bias.” Olsen, 704 F.3d at 1189.”

With this amendment, the panel unanimously votes to deny the

* The Honorable Vince Chhabria, United States District Judge for the Northern District of California, sitting by designation. government’s petition for panel rehearing, filed on November 20, 2018. No further

petitions for en banc or panel rehearing shall be permitted.

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