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U.S. v. GILBERT

No. 98-3635.

198 F.3d 1293 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Richard L. GILBERT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 28, 1999.

Attorney(s) appearing for the Case

John D. Goldsmith, Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa. FL, for Defendant-Appellant.

Benjamin W. Beard, Asst. U.S. Atty., Pensacola, FL, for Plaintiff-Appellee.

Before CARNES and BARKETT, Circuit Judges, and PAINE, Senior District Judge.

CARNES, Circuit Judge:

This appeal requires us to address issues of first impression involving the Hyde Amendment, which provides for the award of attorney fees and costs to a prevailing criminal defendant who establishes that the position the government took in prosecuting him was "vexatious, frivolous, or in bad faith ... unless special circumstances make such an award unjust." Pub.L. No. 105-119, 111 Stat. 2440, 2519 (1997) (reprinted in 18 U.S.C. § 3006A...

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