MICHAEL DALY HAWKINS, Circuit Judge:
This case presents issues of first impression in this circuit under the Hyde Amendment, which allows a court to award litigation expenses to a prevailing criminal defendant where the government's position was vexatious, frivolous, or in bad faith, see 18 U.S.C. § 3006A (historical and statutory notes). We hold that in order to recover expenses, a defendant must show more than that the government's position was not ...
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