United States v. Zlatko Hristov

We answer today a question of law presented for the first time in this Circuit: May a timely filed motion for attorney’s fees under the Hyde Amendment, Pub.L. No. 105-119, Title VI, § 617, 111 Stat. 2440 , 2159, codified at 18 U.S.C. § 3006A, Statutory Notes, be amended outside the statutory deadline for filing such a motion, to include required information that was omitted from the motion when initially filed? We hold that a motion under the Hyde Amendment may be amended under the “relation back” doctrine.

DISCUSSION

Appellant Zlatko Hristov was prosecuted for marriage fraud in violation of United States law, and was acquitted on all charges by a jury. After acquittal, he filed a motion for attorney’s fees under the Hyde Amendment, but he omitted two required pieces of information: an allegation that his net worth was less than $2 million, and an itemized statement of attorney’s fees. The district court denied Hristov’s motion in a brief order on the merits of the claim, and denied as moot Hristov’s request to amend his motion with the missing information. Hristov timely appealed. The government, noting that Hristov’s original application was incomplete, urges that the failure…