United States v. Darryl L. Hoxie

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darryl L. HOXIE, Defendant-Appellant. No. 95-35586. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 26, 1996. Before: ALARCON, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Darryl L. Hoxie, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. He contends the district court erred when it denied his double jeopardy claim. We have jurisdiction pursuant to 28 U.S.C. § 2255 . We accept the district court's factual findings unless clearly erroneous and review its conclusions of law de novo. Doganiere v. United States, 914 F.2d 165, 167 (9th Cir.1990), cert. denied, 499 U.S. 940 (1991). We affirm. 3 On July 7, 1993, Hoxie was indicted for solicitation to commit a crime of violence in violation of 18 U.S.C. § 373 . On September 1, 1993, the grand jury returned a…