Legal Opinion

United States v. Sherburne

Court of Appeals for the Ninth Circuit

Decided May 21, 2001No. Nos. 99-30213, 99-30214 and 99-30218PublishedCited by 57 opinions

1Opinion of the Court

McKEOWN, Circuit Judge:

This appeal arises out of the award of attorney’s fees to certain criminal defendants-and the denial of fees to others-under the Hyde Amendment, which authorizes fees in limited circumstances in criminal cases. In the underlying case that led to the fee award, the United States prosecuted thirteen defendants for alleged abuses in the funding and construction of a housing development on the Blackfeet Indian Reservation in Montana. Among the thirteen defendants there were sixteen counts and over fifty charged offenses, but no convictions.

Following the unsuccessful…

2Cases cited14 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Koon v. United StatesSupreme Court of the United States · 1996
  3. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  4. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  5. Kungys v. United StatesSupreme Court of the United States · 1988

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3Cited by57 opinions

  1. San Jose Christian College v. City of Morgan HillCourt of Appeals for the Ninth Circuit · 2004
  2. United States v. Steven B. AisenbergCourt of Appeals for the Eleventh Circuit · 2004
  3. United States v. Fernando Novelo NostratisCourt of Appeals for the Ninth Circuit · 2003
  4. United States v. Donald HeavrinCourt of Appeals for the Sixth Circuit · 2003
  5. United States v. Manchester Farming Partnership, United States of America v. Lone Pine Land, Inc., United States of America v. Priest Butte Farm, Inc.Court of Appeals for the Ninth Circuit · 2003

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