Caruto

ORDER

The opinion filed on December 8, 2010, is amended as follows:

At pages 19620-21 of the slip opinion ( 627 F.3d 759, 768 ), the three paragraphs under the heading “HI. Request for Grand Jury Voir Dire Materials” are replaced with the following two paragraphs:

With the opinion as amended, the panel has voted to deny the petition for rehearing. Judge Clifton and Judge Bybee voted to deny the petition for rehearing en banc and Judge Korman has so recommended.

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.

The petition for rehearing and rehearing en banc, filed January 27, 2011, is DENIED. No further petition for rehearing and/or petition for rehearing en banc may be filed.

OPINION

Elide Carato was convicted of importation of cocaine and of possession of cocaine with intent to distribute. She appeals from the district court’s denial of her motion to dismiss the indictment against her. She principally challenges four instructions given to the grand jury, claiming that each violated the Grand Jury Clause of the Fifth Amendment. We affirm.

I.…