United States v. Davey L. Hilling

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Davey L. HILLING, Defendant-Appellant. No. 90-30239. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 30, 1991. * Aug. 29, 1991. Mandate Recalled, Memorandum Amended Oct. 17, 1991. Before WRIGHT, BEEZER and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Davey L. Hilling appeals his conviction for (1) wire fraud ( 18 U.S.C. § 1343 ); (2) making a false report with intent to defraud a federally insured savings and loan association ( 18 U.S.C. § 1006 ); and (3) receiving payoffs from a loan ( 18 U.S.C. § 1006 ). We have jurisdiction of this appeal pursuant to 28 U.S.C. § 1291 , and affirm. Additionally, Hilling petitions to this court for credit for time served. The petition is denied without prejudice. DISCUSSION A. 3 Hilling's first claim is that his conviction violated the double jeopardy clause. Hilling bases his claim on…