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U.S. v. REYES-ROMERO

No. 19-1923.

959 F.3d 80 (2020)

UNITED STATES of America, Appellant, v. Mario Nelson REYES-ROMERO.

United States Court of Appeals, Third Circuit.

Filed: May 19, 2020.

Attorney(s) appearing for the Case

Donovan J. Cocas [Argued], Laura S. Irwin , Office of the United States Attorney, 700 Grant Street, Suite 4000, Pittsburgh, PA 15219, Counsel for Appellant United States of America.

Adrian N. Roe [Argued], 428 Boulevard of the Allies, First Floor, Pittsburgh, PA 15219, Counsel for Appellee Mario Nelson Reyes-Romero.

Before: SMITH, Chief Judge, HARDIMAN, and KRAUSE, Circuit Judges

OPINION OF THE COURT

Under the Hyde Amendment, a prevailing defendant in a federal criminal prosecution can apply to have his attorney's fees and costs covered by the government. Such an award is appropriate only if the defendant shows that "the position of the United States" in the prosecution "was vexatious, frivolous...

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