United States v. Lain, No. 10-3201 (10th Cir. 2011)
Annotate this CaseA jury acquitted Defendant Kenneth Lain on firearms charges. After his acquittal, Defendant filed a motion for attorney’s fees under the Hyde Amendment, 18 U.S.C. 3006A. The district court denied his motion, and Defendant appealed. The issue for review by the Tenth Circuit centered around whether the court could review the district court’s denial of attorney’s fees under the Hyde Amendment. The Hyde Amendment provides fee awards only in cases where the court abused its discretion. Upon review of the district court’s record, the Tenth Circuit could not conclude that the lower court abused its discretion. Accordingly, the Court affirmed the lower court’s decision to deny Defendant an award of attorney’s fees.
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