U.S. v. HORN

No. 93-2041.

29 F.3d 754 (1994)

UNITED STATES of America, Appellant, v. Richard A. HORN, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 25, 1994.


Attorney(s) appearing for the Case

Ellen R. Meltzer, Sp. Counsel, Fraud Section, U.S. Dept. of Justice, Washington, DC, with whom Peter E. Papps, U.S. Atty., Concord, NH, and Alexander Weir III, Trial Atty., U.S. Dept. of Justice, Washington, DC, were on brief, for U.S.

Christopher R. Goddu and Peter G. Callaghan, with whom James M. Costello, Robert E. McDaniel, Devine, Millimet & Branch P.A., Manchester, NH, Steven M. Gordon, Shaheen, Cappiello, Stein & Gordon, Concord, NH, William E. Brennan, Timothy I. Robinson, and Brennan, Caron, Lenehan & Iacopino, Manchester, NH, were on consolidated brief, for appellees.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.


SELYA, Circuit Judge.

We decide today a question of first impression: Do principles of sovereign immunity bar a federal district court, exercising its supervisory power, from assessing attorneys' fees and costs against the federal government in a criminal case? We answer this question affirmatively and, therefore, annul the district court's fee-shifting orders.

I. FACTUAL BACKGROUND

This appeal arises out of unpardonable misconduct committed by a...

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