United States v. Claro

RHESA HAWKINS BARKSDALE, Circuit Judge:

An indictment against John Anthony Claro, a lawyer, having been dismissed in 2005, and the Government’s having neither appealed that dismissal nor sought to re-indict Claro, he filed a motion for attorney’s fees and litigation expenses, pursuant to the Hyde Amendment, Pub.L. 105-119, § 617, 111 Stat. 2519 (1997), reprinted in 18 U.S.C. § 3006A, Note (providing that prevailing criminal defendants may recover “a reasonable attorney’s fee and other litigation expenses” where the Government’s position was “vexatious, frivolous, or in bad faith”). The motion…