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U.S. v. HICKEY

Nos. 02-10197, 02-10204.

400 F.3d 658 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. John A. HICKEY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. John A. Hickey, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2004.

Amended March 8, 2005.

Attorney(s) appearing for the Case

David J. Cohen, Cohen & Paik, San Francisco, CA, for the defendant-appellant.

Robin Harris, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before WALLACE, McKEOWN, and CALLAHAN, Circuit Judges.

The opinion is amended as follows: (a) the paragraph in section V that begins "Hickey's arguments meet none of the criteria" is deleted; (b) the first word of the next paragraph is deleted so that the sentence reads "The district court did not resolve an `important issue'"; and (c) the following footnote is inserted at the end of the sentence:

We need not decide whether Hickey's challenge to the indictments has been "conclusively determined," because, as we explain...

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