United States v. Heavrin

MEMORANDUM OPINION

HEYBURN, Chief Judge.

For the third time the Court considers substantial aspects of this case. The original Memorandum of Acquittal in U.S. v. Heavrin, 144 F.Supp.2d 769 (W.D.Ky.2001), discussed the evidence in the criminal trial. Later, the Court awarded attorney’s fees under the Hyde Amendment. U.S. v. Heavrin, 187 F.Supp.2d 738 (W.D.Ky.2001). Now on remand from the Sixth Circuit, this Court must determine whether Heavrin is entitled to those attorney’s fees under the circuit’s newly articulated standard. See United States v. Heavrin, 330 F.3d 723 (6th Cir.2003).

I

The Sixth…