Court of Appeals for the Ninth Circuit July 27, 2000, 99-10371 (United States v. Erik Lindberg)

MICHAEL DALY HAWKINS, Circuit Judge:

This case presents issues of first impression in this circuit under the Hyde Amendment, which allows a court to award litigation expenses to a prevailing criminal defendant where the government’s position was vexatious, frivolous, or in bad faith,

see

18 U.S.C. § 3006A (historical and statutory notes). We hold that in order to recover .