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U.S. v. HOLLAND

No. 99-6823.

214 F.3d 523 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Joyner HOLLAND, Jr.; Shirley Jean Holland Wright; Gregory F. Holland, Co-executors of the Estate of Richard Joyner Holland, Sr., Deceased, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 15, 2000.

Attorney(s) appearing for the Case

ARGUED: David S. Kris, United States Department of Justice, Washington, D.C., for Appellant. James Crawford Roberts, Jr., Mays & Valentine, L.L.P., Richmond, Virginia; Hunter W. Sims, Jr., Kaufman & Canoles, Norfolk, Virginia, for Appellees.

ON BRIEF: Helen F. Fahey, United States Attorney, Justin W. Williams, Assistant United States Attorney, Larry L. Gregg, Assistant United States Attorney, James A. Metcalfe, Assistant United States Attorney, Robert J. Seidel, Jr., Assistant United States Attorney, United States Department of Justice, Washington, D.C., for Appellant. Alan D. Albert, John S. West, Mays & Valentine, L.L.P., Richmond, Virginia; Patrick H. O'Donnell, Beth V. McMahon, Kaufman & Canoles, Norfolk, Virginia, for Appellees.

Before LUTTIG and MOTZ, Circuit Judges, and MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge MOON wrote the opinion, in which Judge LUTTIG joined. Judge MOTZ wrote an opinion concurring in the judgment.

OPINION

MOON, District Judge:

The United States appeals from the district court's denial of its motion for reconsideration of the district court's decision to award attorney's fees and costs to a criminal defendant under the Hyde Amendment, a federal statute that permits courts to award attorney's fees...

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