United States v. John A. Hickey, United States of America v. John A. Hickey

400 F.3d 658 UNITED STATES of America, Plaintiff-Appellee, v. John A. HICKEY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. John A. Hickey, Defendant-Appellant. No. 02-10197. No. 02-10204. United States Court of Appeals, Ninth Circuit. Argued and Submitted January 13, 2004. Filed April 30, 2004. Amended March 8, 2005. David J. Cohen, Cohen & Paik, San Francisco, CA, for the defendant-appellant. Robin Harris, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee. Appeal from the United States District Court for the Northern District of California; Maxine M. Chesney, District Judge, Presiding. D.C. No. CR-97-00218-MMC. Before WALLACE, McKEOWN, and CALLAHAN, Circuit Judges. 1 The opinion is amended as follows: (a) the paragraph in section V that begins "Hickey's arguments meet none of the criteria" is deleted; (b) the first word of the next paragraph is deleted so that the sentence reads "The district court did not resolve an `important issue'"; and (c) the following footnote is inserted at the end of the sentence: 2 We need not decide whether Hickey's challenge to the indictments has been "conclusively determined," because, as we…