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UNITED STATES v. BLODGETT

No. 82-5625.

709 F.2d 608 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Geraldine Marie BLODGETT, Defendant. In re Hector C. PEREZ, Movant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1983.

Attorney(s) appearing for the Case

Patricia Collins, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

William K. Shipley, Shipley & Perez, Newport Beach, Cal., for movant-appellant.

Howard W. Gillingham, Richard H. Kirschner, Edward J. Horowitz, Los Angeles, Cal., Alan Ellis, Philadelphia, Pa., James R. Dunn, Peter M. Horstman, Thomas J. Rannen, Federal Public Defenders Office, Los Angeles, Cal., for amicus curiae.

Before SCHROEDER and PREGERSON, Circuit Judges, and THOMPSON, District Judge.

PREGERSON, Circuit Judge:

In this case we must determine the circumstances under which a district court may impose monetary sanctions on an attorney for filing a frivolous appeal. We hold that a district court has the power to sanction counsel for filing a frivolous appeal in bad faith, which includes one filed solely for purposes of delay. The amount of the sanctions, however, should not exceed expenses reasonably incurred in opposing the appeal, nor should sanctions...

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