United States v. Shannon Williams, No. 13-1273 (8th Cir. 2013)
Annotate this CaseCourt Description: Criminal case - Hyde Amendment. The district court did not err in concluding that the government's petition for revocation, while dismissed, was not vexatious, frivolous or filed in bad faith, and the court did not err in denying Williams' motion for attorneys' fees or request for a hearing.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1273 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Shannon E. Williams lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: October 28, 2013 Filed: November 4, 2013 [Unpublished] ____________ Before SMITH, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Following the dismissal of a petition to revoke his supervised release, federal inmate Shannon Williams filed a motion in the district court1 seeking attorney s fees 1 The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska. under the Hyde Amendment. See Pub. L. 105-119, Title VI § 617, 111 Stat. 2519 (reprinted in 18 U.S.C. § 3006A, historical and statutory notes) (in criminal case, court may award attorney s fees to prevailing party, where it finds position of United States was vexatious, frivolous, or in bad faith). The district court denied the motion, determining there was no evidence that the government s petition for revocation was vexatious, frivolous, or in bad faith. Williams appeals. Upon careful review, we conclude that the district court did not abuse its discretion in denying the motion for attorney s fees or the request for a hearing. See United States v. Porchay, 533 F.3d 704, 711 (8th Cir. 2008) (denial of attorney s fees under Hyde Amendment reviewed for abuse of discretion); United States v. Bowman, 380 F.3d 387, 390 (8th Cir. 2004) (per curiam) (denial of hearing on motion for attorney s fees under Hyde Amendment reviewed for abuse of discretion). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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