United States Ninth Circuit

Hyde Amendment Appeals are governed by Federal Rule of Appellate Procedure 4(a), and the defendant, as the prevailing party in criminal prosecution, was entitled to an award of attorney fees because the government's prosecution was "frivolous."

Appellate Information

• Argued 10/12/2001
• Decided 02/25/2002
• Published 02/25/2002

Judges

• PREGERSON, Circuit Judge., Before: PREGERSON, RAWLINSON, Circuit Judges, and WEINER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David T. Braunstein and Geraldine Valdez, San Diego, CA, for trustee Gladstone.


• For Appellees:
  
• Philip H. Stillman,Flynn, Sheridan, Tabb and Stillman, Del Mar, CA, for the defendant-appellant., Karin Hoppmann and Nina Goodman, Department of Justice, Washington, DC, for the plaintiff-appellee.