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U.S. v. POCKLINGTON

No. 13-50461.

831 F.3d 1186 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Peter Hugh POCKLINGTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2016.

Attorney(s) appearing for the Case

Becky S. James and Jessica Rosen , James & Associates LLP, Pacific Palisades, California, for Defendant-Appellant.

Joseph B. Widman , Chief, Riverside Branch Office; Jean-Claude André , Chief, Criminal Appeals Section; Lawrence S. Middleton , Chief, Criminal Division; Eileen M. Decker , United States Attorney; Office of the United States Attorney, Riverside, California; for Plaintiff-Appellee.

Before: Andrew J. Kleinfeld, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges.

ORDER

Peter Pocklington filed a motion for attorney's fees and costs under the Hyde Amendment, which permits such an award to a prevailing party in a criminal case where the court "finds that the position of the United States was vexatious, frivolous, or in bad faith, unless the court finds that special circumstances make such an award unjust." Pub. L. No. 105-119, 111 Stat. 2440, 2519 (1997) (reprinted in 18 U.S.C. § 3006A historical and statutory notes)....

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