Darrell Keith Rich v. Arthur Calderon, Warden
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The Opinion filed March 25, 1999 and appearing at 170 F.3d 1236 (9th Cir.1999), is amended as follows:
Page 1239, section “2.a.” — delete section and substitute the following in its place:
a. Pre-Indictment Publicity.
Any claim that Rich’s indictment was tainted by pretrial publicity was waived when Rich failed to challenge the impartiality of the jury venire following a change in venue, the presumptively impartial trial jury having considered the charges and returned its verdict. See United States v. Reed, 726 F.2d 570, 578 (9th Cir.1984). Even if we were to accept Rich’s argument that…
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