Bradley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICOLE BRADLEY,  No. 04-15919 Petitioner-Appellant, D.C. No. v.  CV-03-03034-PJH GLORIA HENRY, Warden, ORDER AND Respondent-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Argued and Submitted April 11, 2005—San Francisco, California

Filed June 22, 2005 Amended October 17, 2005

Before: Warren J. Ferguson, John T. Noonan, and Pamela Ann Rymer, Circuit Judges.

Opinion by Judge Noonan; Concurrence by Judge Ferguson; Dissent by Judge Rymer

14135 14138 BRADLEY v. HENRY

COUNSEL

Dennis P. Riordan, San Francisco, California, for the petitioner-appellant.

Morris Beatus, Deputy Attorney General, San Francisco, Cali- fornia, for the respondent-appellee.

ORDER

The opinion filed on June 22, 2005 is amended as follows:

Slip op. p. 7454, ¶ 1, l.4. Insert “potentially” before “capi- tal”.

Slip op. p. 7454, ¶ 2, l.6. At “executed”, substitute comma for period and add “if the prosecutor chose to seek the death…