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102188P.pdf   04/13/2011  United States  v.  Dejay Monson
   U.S. Court of Appeals Case No:  10-2188
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Gruender, 
   Circuit Judge]
   Criminal case - Attorneys' Fees. District court did not abuse its
   discretion by denying defendant's motion for attorneys' fees under the
   Hyde Amendment as the prosecution, although dismissed because of
   problems with the search warrant application, was not vexatious or
   frivolous as the government had strong evidence of defendant's guilt and
   non-frivolous arguments as to why it should be able to use this evidence.
   Chief Judge Riley, dissenting.