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U.S. v. TRUE

No. 99-5111.

250 F.3d 410 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. David P. TRUE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2001.

Attorney(s) appearing for the Case

ARGUED: Leslie W. Jacobs (argued and briefed), Thompson, Hine & Flory, Cleveland, Ohio, for Defendant-Appellant. Nancy C. Garrison (argued and briefed), United States Department of Justice, Antritrust Division, Washington, D.C., for Plaintiff-Appellee.

ON BRIEF: Allen W. Holbrook (briefed), Sullivan, Mountjoy, Stainback & Miller, Owensboro, KY, Leslie W. Jacobs (argued and briefed), Thomas F. Zych (briefed), Geoffrey S. Mearns (briefed), Kenneth G. Cole (briefed), Thompson, Hine & Flory, Cleveland, Ohio, for Defendant-Appellant.

Nancy C. Garrison (argued and briefed), John J. Powers, III (briefed), Katherine A. Schlech, United States Department of Justice, Antitrust Division, Washington, D.C. for Plaintiff-Appellee.

Before: RALPH B. GUY, Jr., BOGGS, and SUHRHEINRICH, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

SUHRHEINRICH, Circuit Judge.

The Hyde Amendment authorizes reasonable attorney fees and litigation expenses to a prevailing party in a criminal case if a court finds that the government's position was "vexatious, frivolous, or in bad faith." Pub.L. No. 105-109, § 617, 111 Stat. 2519 (1997), reprinted in 18 U.S.C. § 3006A, Historical and Statutory Notes (hereinafter "18 U.S.C. § 3006A...

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