Sherburne

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30534 Plaintiff-Appellant, v.  D.C. No.

CR-98-00011-DWM

SCOTT F. SHERBURNE,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted October 16, 2007—Seattle, Washington

Filed November 6, 2007

Before: Betty B. Fletcher, Arlen C. Beam,* and Pamela Ann Rymer, Circuit Judges.

Opinion by Judge B. Fletcher

*The Honorable Arlen C. Beam, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

14657 UNITED STATES v. SHERBURNE 14659

COUNSEL

Eric B. Wolff, Assistant United States Attorney, Billings, Montana, for the plaintiff-appellant.

Patrick F. Flaherty, Attorney at Law, Great Falls, Montana, for the defendant-appellee.

OPINION

B. FLETCHER, Circuit Judge:

This appeal by the government is from the district court’s grant of attorney’s fees to Scott Sherburne under the Hyde Amendment, Pub. L. 105-119, Title VII § 617, 111 Stat. 2519 (codified at 18 U.S.C. § 3006A Note).…