United States v. Sharon Mabel Day, United States of America v. Thomas H. Hutchens

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sharon Mabel DAY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Thomas H. HUTCHENS, Defendant-Appellant. Nos. 95-30011, 95-30012. United States Court of Appeals, Ninth Circuit. Submitted Sept. 12, 1995. * Decided April 5, 1996. Before: WRIGHT, ALARCON, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Sharon Mabel Day and Thomas H. Hutchens were both convicted of one count of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371 , one count of mail fraud in violation of 18 U.S.C. § 1341 , and one count of wire fraud in violation of 18 U.S.C. § 1343 . Day was also convicted of one count of credit card fraud in violation of 18 U.S.C. § 1029 . Both Day and Hutchens appeal their sentences, arguing that the evidence was insufficient to support the district court's restitution order. Day also argues that the district court…