United States Ninth Circuit

Under the Hyde Amendment, which provides attorneys fees to some parties that prevail against government prosecution, a party must show that the government prosecution had the intent to harass and that the prosecution was objectively unreasonable.

Appellate Information

• Argued 01/08/2001
• Decided 05/21/2001
• Published 05/21/2001

Judges

• McKEOWN, Circuit Judge:, Before:  McKEOWN, W. FLETCHER, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Karin B. Hoppmann,Criminal Division-Appellate Section, Department of Justice, Washington, D.C., for plaintiff-appellant/plaintiff-appellee United States., Patrick F. Flaherty, Great Falls, Montana, for defendant-appellee/defendant-appellant Scott F. Sherburne., John E. Smith, Smith & Thiel Law Offices, Missoula, Montana, for defendant-appellee Blaze Construction., Ward E. Taleff, Alexander, Baucus, Taleff & Paul, P.C., Great Falls, Montana, for defendant-appellant William Harvey Aubrey.