United States v. Nancy Mageno
Opinion
Opinion
ORDER
In our prior opinion in this case, we vacated Nancy Mageno’s drug conspiracy conviction because of what appeared from the record to be the prosecution’s misstatement of the evidence during closing arguments. See United States v. Mageno, 762 F.3d 933 (9th Cir.2014). The court reporter’s official transcript has since been corrected, and we now know that no misstatements actually occurred. The government has brought these transcript corrections to our attention for the first time in a petition for rehearing, asking us to vacate our prior opinion and affirm Mage-no’s conviction. We hold, first, that we have authority under Federal Rule of Appellate Procedure 40 to grant a petition for rehearing for the purpose of recognizing corrections in the trial transcript raised at this stage of the proceedings and, second, that this case presents extraordinary circumstances that warrant doing so. Because Mageno was properly convicted following a fair trial, vacating her conviction would not serve the interests of justice. Accordingly, we grant the government’s petition for rehearing, vacate our prior opinion and affirm Mageno’s conviction.