In Re: Gerald R. Smith

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

  IN THE MATTER OF GERALD R. SMITH No. 09-80163

 ORDER

Filed November 10, 2009

ORDER

TALLMAN, Circuit Judge:

I. Overview

A request for review of a district judge’s determination of appropriate fees sought for indigent legal representation in a felony case by counsel appointed under the Criminal Justice Act (“CJA”), 18 U.S.C. § 3006A, has been lodged with this court. As a delegate of our circuit’s Chief Judge discharging the statutory responsibility to review claims for compensation in excess of statutorily mandated maximum amounts, see id. § 3006A(d)(3), I must decide whether to approve the district judge’s reduction in the fees sought. Having considered the hearing transcripts, court order, correspondence, and briefing submitted by the CJA panel attorney to justify the amount originally claimed, I am satisfied that (1) the district judge’s conclusion was not an abuse of discretion, (2) the amount awarded was fair compensation for the legal services ren- dered, and (3) the attorney was afforded adequate due pro- cess. I approve the district court’s fee award.

II. …