Boyd

ORDER

The Amended Opinion filed on June 26, 2006, slip op. at 7011 [ 455 F.3d 897 ], and published at 455 F.3d 897 (9th Cir.2006), is amended as follows:

On slip opinion page 7032 [ 455 F.3d at 907 ], line 20, after the sentence ending “entire voir dire transcript” add:

On slip opinion page 7032 [ 455 F.3d at 907 ], at the end of the second full paragraph, add “This conclusion is consistent with the court’s recent en banc decision in Kesser v. Cambra, 465 F.3d 351, 360-362 (9th Cir.2006) (en banc).”

On slip opinion page 7034 [ 455 F.3d at 910 ], replace the final paragraph with the following:

With these amendments, the panel has voted to deny the petition for rehearing and petition for rehearing en banc. Judges Graber and Fisher have voted to deny the petition for rehearing en banc and Judge Cudahy has so recommended.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it.

The petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or petitions for rehearing en banc may be filed.

OPINION

The California courts denied a Batson motion made by Petitioner…