Alaimalo v. United States

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 consideration of Alaimalo’s petition.

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

Even…