United States v. Michael Ray Hepler

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Ray HEPLER, Defendant-Appellant. No. 95-35495. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1996. Decided June 19, 1996. 1 Before: BROWNING, T.G. NELSON, Circuit Judges, and SMITH, * District Judge. 2 MEMORANDUM ** STANDARD OF REVIEW 3 The decision whether to grant or deny a petition for habeas corpus is reviewed de novo. Bonin v. Calderon, 59 F.3d 815, 823 (9th Cir.1995), cert. denied, 116 S.Ct. 718 (1996). ANALYSIS 4 At issue in the present case is whether Hepler was exposed to multiple punishments for the same offense. 1 See United States v. Halper, 490 U.S. 435, 440 (1989). 5 To survive a double jeopardy challenge in the multiple punishment context, the two offenses for which defendant is punished or tried must survive the "same-elements" test. United States v. Dixon, 509 U.S. 688 , 113 S.Ct. 2849, 2856 (1993). This test…