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United States v. Walters

United States Court of Appeals, Eighth Circuit

November 13, 2013

United States of America Plaintiff- Appellee
v.
Ronnie Terrell Walters Defendant-Appellant

Unpublished

Submitted: November 5, 2013

Appeal from United States District Court for the Eastern District of Missouri - St. Louis

Before LOKEN, BYE, and BENTON, Circuit Judges.

PER CURIAM.

Ronnie Terrell Walters appeals the district court's[1] order denying his motion for attorney fees and costs, which he filed after criminal charges against him were dismissed without prejudice. Following careful review, this court concludes that the district court did not abuse its discretion in denying Walters's motion, given his failure to offer any evidence that the government's position in prosecuting him was vexatious, frivolous, or in bad faith. See United States v. Monson, 636 F.3d 436, 438-39 (8th Cir. 2011) (standard of review; defendant's burden of proof); United States v. Porchay, 533 F.3d 704, 710 (8th Cir. 2008) (evidentiary hearing is not required unless serious factual disputes surround application for attorney fees).

The judgment of the district court is affirmed. See 8th Cir. R. 47B.


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