Dwaine Knigge v. United States of America, United States of America v. Dwaine Knigge

892 F.2d 1046 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwaine KNIGGE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Dwaine KNIGGE, Defendant-Appellee. No. 89-55073. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 30, 1989. Decided Jan. 4, 1990. 1 Before HUG and CANBY, Circuit Judges, DAVID A. EZRA, * District Judge. 2 MEMORANDUM ** 3 In 1986, following a jury trial before Judge Rea in the District Court for the Central District of California, Dwaine Knigge was convicted of wire fraud ( 18 U.S.C. § 1343 ), conspiracy ( 18 U.S.C. § 371 ), and participation in a scheme to commit bribery ( 18 U.S.C. § 1952 , Travel Act). This court affirmed his convictions on direct appeal. United States v. Knigge, 832 F.2d 1100 (9th Cir.1987), modified, 846 F.2d 591 (9th Cir.1988). After considering his section 2255 challenge based on McNally v. United States, 483 U.S.…