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U.S. v. HAYES

No. 02-10203.

385 F.3d 1226 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. H. Wayne HAYES, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2004.

Attorney(s) appearing for the Case

Mary A. Wilkowski, Honolulu, HI (argued), for defendant-appellant H. Wayne Hayes, Jr., in pro. per., on brief.

Harry Yee, Assistant United States Attorney, Honolulu, HI (argued), Michael Chun, Assistant United States Attorney, Honolulu, HI, on brief, for the plaintiff-appellee.

Before: REINHARDT, THOMAS, and CLIFTON, Circuit Judges.

THOMAS, Circuit Judge:

In this appeal, H. Wayne Hayes asks us to reverse the judgment of the district court and to order the United States to reimburse him for restitution payments he made subject to a criminal judgment that was later vacated on collateral review. Under the circumstances presented by this case, we conclude that Hayes is not entitled to the relief that he seeks, and we affirm the judgment of the district court.

I

Hayes was charged...

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