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U.S. v. CLARO

No. 07-20732.

579 F.3d 452 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. John Anthony CLARO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 2009.

Attorney(s) appearing for the Case

Vernon Lydell Lewis, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

William Frank Carroll (argued), Cox Smith Matthews, Dallas, TX, Mark Joseph Barrera, Ellen B. Mitchell, Cox Smith Matthews, San Antonio, TX, for Defendant-Appellant.

Before REAVLEY, BARKSDALE and GARZA, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

An indictment against John Anthony Claro, a lawyer, having been dismissed in 2005, and the Government's having neither appealed that dismissal nor sought to reindict Claro, he filed a motion for attorney's fees and litigation expenses, pursuant to the Hyde Amendment, Pub.L. 105-119, § 617, 111 Stat. 2519 (1997), reprinted in 18 U.S.C. § 3006A, Note (providing that prevailing criminal defendants may recover ...

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