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UNITED STATES v. AUSTIN

No. 84-1016.

749 F.2d 1407 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis AUSTIN, Defendant. Oscar B. Goodman, Movant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1984.

Attorney(s) appearing for the Case

Booker T. Evans, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Richard A. Wright, Las Vegas, Nev., for movant-appellant.

Before BARNES, HUG, and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Oscar B. Goodman, an attorney, (hereinafter Goodman) appeals from an imposition of attorney sanctions under 28 U.S.C. § 1927.1 We must decide: (1) whether the trial judge may impose a sanction without evidence that Goodman acted willfully, intentionally, recklessly or in bad faith and (2) whether the cost of impaneling a jury is an "excess cost" within the meaning of section 1927. We discuss each issue and...

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