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U.S. v. SHERBURNE

Nos. 99-30213, 99-30214 and 99-30218.

249 F.3d 1121 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Scott F. SHERBURNE; Joseph J. McKay; Blaze Construction, Defendants-Appellees. United States of America, Plaintiff-Appellee, v. Scott F. Sherburne, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. William Harvey Aubrey, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2001.

Attorney(s) appearing for the Case

Karin B. Hoppmann, Criminal Division-Appellate Section, Department of Justice, Washington, D.C., for plaintiff-appellant/plaintiff-appellee United States.

Patrick F. Flaherty, Great Falls, Montana, for defendant-appellee/defendant-appellant Scott F. Sherburne.

John E. Smith, Smith & Thiel Law Offices, Missoula, Montana, for defendant-appellee Blaze Construction.

Ward E. Taleff, Alexander, Baucus, Taleff & Paul, P.C., Great Falls, Montana, for defendant-appellant William Harvey Aubrey.

Before: M. MARGARET McKEOWN, WILLIAM A. FLETCHER, and JOHNNIE B. RAWLINSON, Circuit Judges.

Argued & Submitted January 8, 2001 — Seattle, Washington

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...

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