In Re the Matter of Attorney's Fees and Expenses of Appointed Counsel, David G. Derickson, United States of America v. Michael Kent Poland

This is an appeal from a district court’s order refusing, on jurisdictional grounds, to authorize payment of attorney’s fees to court-appointed defense counsel because his bill was submitted late. For the reasons set out below, we conclude that the district court’s order is appealable under 28 U.S.C. § 1291 . In light of our reading of section 2.21 of the Guidelines for the Administration of the Criminal Justice Act, we remand counsel’s fee request to the district court for reconsideration.

David G. Derickson was appointed under the Criminal Justice Act, 18 U.S.C. § 3006A (CJA), to represent defendant Michael Kent Poland, who was charged with murder and bank robbery in the District of Arizona. Derickson completed his appointed services soon after a four-week jury trial that ended in his client’s conviction. Poland was sentenced on March 14, 1979. About fifteen months later, Derickson submitted his fee voucher for legal services and expenses totalling $19,493.94 to the district court. The bill was accompanied by a written statement explaining the fifteen month delay.

Because Derickson’s bill was presented late, the district court refused to authorize any payment whatsoever. The…