Salvador M. Renteria v. DERRAL G. ADAMS, Warden

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SALVADOR M. RENTERIA,
Petitioner - Appellant,
v.
DERRAL G. ADAMS, Warden,
Respondent - Appellee.
No. 11-15367
D.C. No. 3:08-cv-05325-CRB
Northern District of California,
San Francisco
ORDER
Before: GOODWIN, O’SCANNLAIN, and N.R. SMITH, Circuit Judges.
The memorandum disposition filed April 18, 2013, is amended as follows:
As a substitute to the text at Page 3, Lines 5-12, starting with <Clearly
established federal law> and ending <first degree murder charge. See id. at
246–47>, please insert the following:
<The state court determined under Price v. Georgia, 398 U.S. 323, 331
(1970), that Petitioner failed to show that the trial court was “swayed by the array
of charges and tempted to reach a compromise verdict.” It attributed this, in part,
to the fact that “a seasoned trial judge” rather than a jury had been the finder of
fact. This conclusion was neither contrary to, nor an unreasonable application of,
federal law as determined by the Supreme Court. See 28 U.S.C. § 2254(d).>
FILED
JUN 04 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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With this amendment, the panel has voted unanimously to deny the petition
for panel rehearing. Judges O’Scannlain and N.R. Smith have voted to deny the
petition for rehearing en banc, and Judge Goodwin so recommends.
The full court has been advised of the petition for rehearing en banc and no
active judge has requested a vote on whether to rehear the matter en banc. Fed. R.
App. P. 35.
The petition for rehearing and the petition for rehearing en banc are
DENIED.
No further petitions for rehearing or rehearing en banc may be filed in
response to the amended disposition.

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