Legal Opinion
United States v. Erik Lindberg
Court of Appeals for the Ninth Circuit
Decided July 27, 2000No. 99-10371PublishedCited by 30 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge:
This case presents issues of first impression in this circuit under the Hyde Amendment, which allows a court to award litigation expenses to a prevailing criminal defendant where the government’s position was vexatious, frivolous, or in bad faith, see 18 U.S.C. § 3006A (historical and statutory notes). We hold that in order to recover .expenses, a defendant must show more than that the government’s position was not “substantially justified,” the standard for. recovering costs under the Hyde Amendment’s civil counterpart, the Equal Access to Justice Act, 28…
2Cases cited10 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Ratzlaf v. United StatesSupreme Court of the United States · 1994
- United States v. GilbertCourt of Appeals for the Eleventh Circuit · 1999
- United States v. Elijah Albert Boone, Dehlia E. Boone, Jerry Boone and Roger SwayzeCourt of Appeals for the Ninth Circuit · 1991
- United States of America v. James Truesdale Ronald HamiltonCourt of Appeals for the Fifth Circuit · 2000
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Cairns v. Franklin Mint Co.Court of Appeals for the Ninth Circuit · 2002
- United States v. Fred S. PangCourt of Appeals for the Ninth Circuit · 2004
- United States v. SherburneCourt of Appeals for the Ninth Circuit · 2001
- 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
- United States v. David P. TrueCourt of Appeals for the Sixth Circuit · 2001
25 more not listed; retrieve them via the Exa API.