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United States of America v. Dejay Monson

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Submitted: November 16, 2010

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.

Nebraska law enforcement executed a warrant to search the property of Dejay Monson and seized dozens of firearms, a significant amount of marijuana, and hundreds of marijuana plants. As a result, a grand jury indicted Monson on several offenses. However, the district court later found that the warrant was not supported by probable cause and suppressed the firearms, marijuana, and marijuana plants. After the government voluntarily dismissed its prosecution against Monson without prejudice, Monson filed a motion to recover attorney’s fees and expenses pursuant to the Hyde Amendment, Pub. L. No. 105–119, § 617, 111 Stat. 2440, 2519 (1997), reprinted in 18 U.S.C. § 3006A. The district court*fn1 denied the motion. Monson now appeals, arguing that the district court abused its discretion by not awarding him attorney’s fees and expenses pursuant to the Hyde Amendment. We affirm.

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