United States v. Jerry D. Smith

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry D. SMITH, Defendant-Appellant. No. 92-30413. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1993. Decided Sept. 20, 1993. Before: BRUNETTI, LEAVY, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Jerry Smith was convicted of conspiracy, fraud, and bank fraud involving some $15 million worth of Texas real estate acquisition and development loans. We affirmed his conviction and prison sentence, United States v. Smith, 891 F.2d 703 (9th Cir.1989), amended by order, 906 F.2d 385 (9th Cir.), cert. denied, 498 U.S. 811 (1990), but remanded the district court's separately entered restitution order for redetermination of the proper credit to be applied to the collateral properties involved. United States v. Smith, 944 F.2d 618 (9th Cir.1991), cert. denied, 112 S.Ct. 1515 (1992). The district court recalculated and reduced the total amount of its…