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U.S. v. LAIN

No. 10-3201.

640 F.3d 1134 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth G. LAIN, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 12, 2011.

Attorney(s) appearing for the Case

John R. Osgood , Lee's Summit, MO, for Defendant-Appellant.

Christopher J. Allman , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.

Before HOLMES and BALDOCK, Circuit Judges, and JOHNSON, District Judge.

BALDOCK, Circuit Judge.

A jury acquitted Defendant Kenneth G. Lain, Jr., of one count of delivering a firearm without a federal license in violation of 18 U.S.C. §§ 922(a)(5) and 924(a)(1)(D). After his acquittal, Defendant filed a motion for attorney's fees under the Hyde Amendment, Pub.L. No. 105-119, § 617, 111 Stat. 2440, 2519 (1997) (codified at 18 U.S.C. § 3006A Note). The district court denied his motion, and Defendant appeals. Exercising...

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