US v. Shannon Drake, No. 21-4242 (4th Cir. 2023)
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Defendant sought an award of attorney’s fees under the Hyde Amendment following the district court’s dismissal of the government’s criminal case against her. She argued that her prosecution satisfied the Hyde Amendment’s criteria for fee shifting because it was vexatious, frivolous, and in bad faith. She also requests discovery to support her claim. The district court denied discovery and denied attorney’s fees based on its review of the evidence available to the government when it initiated Drake’s prosecution. The appeal here challenged the district court’s exercise of discretion at every turn.
The Fourth Circuit affirmed the district court’s judgment and held that the district court acted within its discretion throughout. The court explained that given the significant evidence against her, Defendant was fortunate to receive a Rule 29 dismissal from the court. The court wrote that, as this case illustrates, such dismissals will not invariably result in an award of Hyde Amendment attorney’s fees. Allowing awards as a matter of course in such cases would contradict the limiting language of the statute and discourage the granting of such dismissals even when taking such action is the right thing to do.
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