United States v. Alton Clark Bingham

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alton Clark BINGHAM, Defendant-Appellant. Nos. 93-10615, 94-10217. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 10, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 In these consolidated cases, Alton Clark Bingham appeals pro se the district court's denial of his Fed.R.Crim.P. 35(a) motion to correct his pre-United States Sentencing Guidelines sentence. Bingham contends that his sentence violates the double jeopardy clause and that the indictment in his case was duplicitous. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. A. Background 3 In 1984, Bingham forged the endorsements of Odell and Eva Lopp on the backs of four separate United States Treasury checks issued to the Lopps. These checks had a combined value of approximately $195,000. Then, representing that the…