United States v. Shannon Williams

U.S. Court of Appeals for the Eighth Circuit
United States v. Shannon Williams, 538 F. App'x 733 (8th Cir. 2013)

United States v. Shannon Williams

Opinion

PER CURIAM.

Following the dismissal of a petition to revoke his supervised release, federal inmate Shannon Williams filed a motion in the district court 1 seeking attorney’s fees 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 mo *734 tion, 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.

1

. The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Shannon E. WILLIAMS, Defendant-Appellant
Status
Unpublished