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U.S. v. SCHNEIDER

No. 03-1764.

395 F.3d 78 (2005)

UNITED STATES of America, Appellee, v. Jeffrey SCHNEIDER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 14, 2005.

As Amended February 9, 2005.

Attorney(s) appearing for the Case

Paula Schwartz Frome, Esq. (Kase & Druker, Esqs., on the brief), Garden City, NY, for Defendant-Appellant.

Demetri M. Jones, Esq. (Jo Ann M. Navicaks, Esq., on the brief), United States Attorney's Office, Central Islip, NY, for Appellee.

Before: LEVAL and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

After multiple proffer sessions and negotiations concerning a possible deferred prosecution or dismissal, Jeffrey Schneider was tried in 2002 on charges of fraud. Despite the testimony of several witnesses that Schneider was involved in the fraudulent scheme, he was acquitted. Schneider then moved for attorney's fees and expenses under the Hyde Amendment, which permits such an award where "the position of the United States was vexatious, frivolous...

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