Inzunza

ORDER

The opinion of this court filed in this case on September 1, 2009, and reported at 580 F.3d 894 , is amended as follows:

At 580 F.3d at 909 , left column, end of second full paragraph: the words “beyond a reasonable doubt” are added to the end of the final sentence of the paragraph, so that the sentence now states: “The court reserved the question whether that statement was an impermissible comment because it held that the comment was harmless beyond a reasonable doubt.”

At 580 F.3d at 909 , right column, end of paragraph that carries over from the left column: The final sentence of this paragraph is deleted, and the following sentence and citation are substituted therefor: “Under these circumstances, we are satisfied that the error was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).”

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With these amendments, the panel has unanimously voted to deny the petition for panel rehearing. Judges Bybee and M. Smith have voted to deny the petition for en banc rehearing, and Judge Canby has so recommended.

The above amendment, the petition for en banc rehearing, and the government’s response…