United States v. Dale E. Baker and Jake Evenblij

This is an appeal from orders of the district court directing the United States to pay attorneys’ fees to retained defense counsel in a criminal case for services rendered in connection with the taking of depositions by the United States in advance of trial at Georgetown, Grand Cayman Island, British West Indies, pursuant to an order of the trial court granted under Rule 15 of the Federal Rules of Criminal Procedure.

The issues presented are (1) whether the orders granting the attorneys’ fees are appealable under 28 U.S.C. § 1291 , and (2) whether the district court erred in awarding the fees under and pursuant to Rule 15(c), F.R.Cr.P.

After carefully considering the questions presented, we are of the opinion that the answer to each of the questions is in the affirmative and that we must vacate the orders of the district court.

On October 26, 1977, appellees Baker and Evenblij were charged in a multiple count indictment with violations of federal mail, wire and securities fraud laws. Trial was set to begin on June 5, 1978. However, on May 22, 1978, the government, pursuant to Rule 15, F.R.Cr.P., moved for an order directing that the testimony of two persons be taken at…