United States v. David L. Fowler

The majority, in addressing an issue never before considered by a federal appellate court, holds that where two defendants are tried together but only one convicted, and the costs of trial would all have been incurred had either one been tried alone, the single defendant who is convicted may be *1451held liable for the full costs of the trial. The majority relies for this proposition on two district court cases and two statements in legal encyclopedia articles.

One of the two cases on which the majority relies clearly does not stand for the proposition. United States v. Troiani, 595 F.Supp. 186,…