United States of America v. Gloria Giannini

* The Honorable David A. Ezra, District Judge for the U.S. District
Court for the District of Hawaii, sitting by designation.
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GLORIA GIANNINI,
Defendant - Appellant.
No. 10-10274
D.C. No. 2:07-cr-00018-EJG-1
Eastern District of California,
Sacramento
ORDER AMENDING
MEMORANDUM DISPOSITION
AND DENYING PETITION FOR
PANEL REHEARING AND
SUGGESTION FOR
REHEARING EN BANC
Before: BYBEE and MURGUIA, Circuit Judges, and EZRA, District Judge.*
The Memorandum Disposition filed July 5, 2011 is amended as follows:
On page 2, in the first sentence of the third paragraph, change “the
district court did not clearly err in finding” to “the district court did
not err in finding”.
On page 3, in the first full sentence appearing on this page, change
“The 2004 plea agreement could not immunize Giannini for the
ongoing fraud in which she was engaged, and in which she continued
until 2006.” to “The 2005 plea agreement did not immunize Giannini
for the fraud in which she was engaged.”
With this amendment, the panel has voted to deny the petition for panel
rehearing.
FILED
DEC 14 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
The full court has been advised of the petition for rehearing en banc and no
judge has requested a vote on whether to rehear the matter en banc. Fed. R. App.
P. 35.
Appellant’s petition for rehearing and petition for rehearing en banc, filed
August 16, 2011, is DENIED. The panel will not entertain future petitions for
rehearing.

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