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U.S. v. KNOTT

Nos. 00-2238, 00-2239.

256 F.3d 20 (2001)

UNITED STATES of America, Appellant and Cross-Appellee, v. James M. KNOTT, Sr.; Riverdale Mills Corp., Defendants, Appellees and Cross-Appellants.

United States Court of Appeals, First Circuit.

Decided July 12, 2001.

Rehearing and Suggestion for Rehearing Denied August 24, 2001.

Attorney(s) appearing for the Case

John L. Smeltzer, Trial Attorney, Environment & Natural Resources Division, United States Department of Justice, with whom John C. Cruden, Acting Assistant Attorney General, Patty Merkamp Stemler, Trial Attorney, Criminal Division, and David M. Uhlmann and Jared Goldstein, Trial Attorneys, Environment & Natural Resources Division, were on brief, for appellant and cross-appellee.

Warren G. Miller, with whom Henry T. Dunker and Jamy B. Buchanan were on brief, for appellees and cross-appellants.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 24, 2001.

LYNCH, Circuit Judge.

This is a case of first impression for this court as to the standards for awarding attorneys' fees against the United States for its initiation of criminal proceedings, as provided for under the Hyde Amendment, Pub.L. No. 105-119, 111 Stat. 2440, 2519 (1997), reprinted in 18 U.S.C. § 3006A (statutory note). The district court awarded $68,726.00 in fees...

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