US v. Daley

2001 DNH 035

Opinion

US v. Daley CR-00-078-M 02/15/01 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States of America, Plaintiff

v. Criminal No. 00-78-1-M Opinion No. 2001 DNH 035 Richard Daley, Defendant

O R D E R

The representation provided by counsel was extended and the

case was complex in that the first jury deadlocked, requiring a

new trial, and the second jury likewise deadlocked, after which

the government elected to dismiss the indictment. The court

notes, with appreciation, that defense counsel provided

exceptionally good representation, fully protecting defendant's

rights and persuasively putting forth the best available

defenses, without any unnecessary expenditure of time, and

raising only legitimate and meritorious issues in an efficient

and effective manner. Counsel prepared and conducted two jury

trials and necessarily analyzed the first trial in order to make

adjustments in the second. The prosecution was somewhat unusual, presenting difficult evidentiary and tactical

issues; counsel's private practice was no doubt imposed upon by

the second trial to a significant degree; and, as noted,

counsel's representation was notably efficient and productive.

See United States v. Carnevale, 624 F.Supp. 381 (D.R.I. 1985).

For these reasons, and those given in the motion for excess

fees (document no. 66), I find that the amount sought is

reasonable and fair, and certify that fees in excess of the

limits established by Congress up to the amount claimed should be

and are approved and certified to the Chief Judge of the Court of

Appeals, to insure fair compensation. 18 U.S.C. § 3006A(d)(2).

SO ORDERED.

Steven J. McAuliffe United States District Judge

February 15, 2001

cc: Brian T. Tucker, Esg.