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MANCUSO v. OLIVAREZ

Nos. 00-16188, 00-16657.

292 F.3d 939 (2002)

William Harold MANCUSO, Petitioner-Appellant-Cross-Appellee, v. Ana M. OLIVAREZ, Respondent-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2002.

Amended June 11, 2002.

Attorney(s) appearing for the Case

Allison Claire, Assistant Federal Defender, Sacramento, CA, for the petitioner-appellant/cross-appellee.

Jean M. Marinovich, Deputy Attorney General, Office of the Attorney General, Sacramento, CA, for the respondent-appellee/cross-appellant.

Before: BEEZER, TROTT, and TALLMAN, Circuit Judges.

ORDER

The opinion filed March 6, 2002, reported at 282 F.3d 728 (9th Cir.2002), is amended as follows: at page 737, delete the paragraph that begins "On habeas review, ..." and insert the following language:

On habeas review, Mancuso is entitled to habeas relief only if it can be established that the alleged trial error had a substantial and injurious effect or influence on the...

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