United States of America, Plaintiff-appellee, v. John A. Hickey, Defendant-appellant.united States of America, Plaintiff-appellee, v. John A. Hickey, Defendant-appellant, 400 F.3d 658 (9th Cir. 2005)

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US Court of Appeals for the Ninth Circuit - 400 F.3d 658 (9th Cir. 2005) 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.


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:

We need not decide whether Hickey's challenge to the indictments has been "conclusively determined," because, as we explain, that challenge does not meet the remaining requirements of the collateral order doctrine.

With these changes the petition for rehearing and the petition for rehearing en banc are denied. No further petition for rehearing will be entertained.