United States v. Nathaniel Newhouse

FILED

UNITED STATES COURT OF APPEALS AUG 24 2012

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 10-50565

Plaintiff - Appellee, D.C. No. 2:08-cr-01147-DDP-1 Central District of California, v. Los Angeles

NATHANIEL NEWHOUSE,

ORDER

Defendant - Appellant.

Before: WARDLAW, PAEZ, and RAWLINSON, Circuit Judges.

The Memorandum disposition filed on June 15, 2012 is amended as follows:

On Page 4, line 16, insert the following text:

<

inquiry. The district court properly evaluated “the persuasiveness of

the justification[s]” offered by the prosecutor and concluded that

Newhouse failed to carry his burden. Purkett v. Elem, 514 U.S. 765,

768 (1995).>>

An amended Memorandum disposition is filed concurrently with this order. With this amendment, all judges have voted to DENY the petition for panel

rehearing. The petition for panel rehearing is DENIED. No further petitions shall

be entertained.

FILED

NOT FOR PUBLICATION …