United States v. Geraldine Marie Blodgett, in Re Hector C. Perez, Movant-Appellant

In this case we must determine the circumstances under which a district court may impose monetary sanctions on an attorney for filing a frivolous appeal. We hold that a district court has the power to sanction counsel for filing a frivolous appeal in bad faith, which includes one filed solely for purposes of delay. The amount of the sanctions, however, should not exceed expenses reasonably incurred in opposing the appeal, nor should sanctions be imposed without a hearing.

FACTS

Appellant Hector C. Perez was Geraldine Marie Blodgett’s defense counsel. Blodgett and three co-defendants were indicted by a federal grand jury for conspiring to distribute controlled substances, 21 U.S.C. § 846 , and distributing controlled substances, 21 U.S.C. § 841 (a)(1). Before trial, Perez filed a motion to dismiss the indictment against Blodgett on the ground of selective prosecution. The allegation of selective prosecution had two bases: (1) that Blodgett was prosecuted because she was a woman and (2) that she was prosecuted because she was a “non-doctor.” In support of the motion, Perez submitted his own declaration, based on information obtained through discovery, that the government had not…