Steve M. Castillo v. Jerry Stainer, Warden
Opinion
ORDER
The opinion in the above-entitled case at 983 F.2d 145 (9th Cir.1992) is amended as follows:
Page 148, [4], line 16, strike “Where” through line 21, first column,' page 149. Replace with the following:
At page 149, second column, lines 21-23, delete “and therefore the court’s error was harmless beyond a reasonable doubt,” and replace with the following:
Judge Booehever’s concurring opinion is amended as follows:
At page 149, replace the second sentence beginning “The state trial judge ...” with “Arguably the state trial judge did not violate the Constitution by the shackling order.”
With these amendments, the panel has voted to deny the petition for rehearing. Judges Noonan and O’Scannlain have voted to reject the suggestion for rehearing en banc, and Judge Boochever recommends rejection of the suggestion for rehearing en banc.
The full court has been advised of the suggestion for en banc rehearing, and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed. R.App.P. 35(b).
The petition for rehearing is denied, and the suggestion for a rehearing en banc is rejected.