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ALAIMALO v. U.S.

No. 08-56349.

645 F.3d 1042 (2011)

Vaatausili Mark ALAIMALO, Petitioner-Appellant, v. UNITED STATES of America; J.L. Norwood, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed February 28, 2011.

Amended June 20, 2011.

Attorney(s) appearing for the Case

Ramiah Shanti Brien , Oakland, CA, for the petitioner-appellant.

Michael J. Raphael and Rosalind Wang , Office of the United States Attorney, Los Angeles, CA, for the respondent-appellee.

Opinion by Judge B. FLETCHER; Dissent by Judge KORMAN.

ORDERS

B. FLETCHER, Circuit Judge:

The opinion filed on February 28, 2011 is amended as follows:

1. On page 2944 of the slip opinion, 636 F.3d at 1098, delete the following sentence:

We conclude that neither doctrine bars consideration of Alaimalo's petition because failure to entertain his claim of actual innocence would constitute manifest injustice.

2. Replace that sentence with:

We conclude that neither doctrine bars...

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