United States v. Johnny Lee Hodge, United States of America v. Johnny Lee Hodge, AKA Johnny Hasson Mitchell Jonathan Johnny Derret Johnny Morgan

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny Lee HODGE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Johnny Lee HODGE, aka Johnny Hasson Mitchell; Jonathan Johnny Derret; Johnny Morgan, Defendant-Appellant. Nos. 95-10052, 95-10079. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 27, 1995. Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Johnny Lee Hodge appeals the restitution component of his sentence imposed following entry of a guilty plea to conspiracy to defraud the United States in violation of 18 U.S.C. Sec. 286 , and being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g)(1). Hodge contends that the district court erred by imposing restitution in the amount of $9,490 because there was no evidence he has any future earning ability. We have jurisdiction under 28 U.S.C. Sec. 1291 ,…