US v . Dickerson CR-99-006-M 02/16/01
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America,
Plaintiff
v. Criminal N o . 99-06-01-M
Opinion N o .
2001 DNH 037
Tyrone Dickerson,
Defendant
O R D E R
The representation provided by Attorney Tucker was extended
and the case complex in that defendant insisted on withdrawing
his guilty plea prior to sentencing, requiring Attorney Tucker to
litigate that matter (successfully), including an evidentiary
hearing. A jury trial followed which resulted in a mistrial
through no fault of defendant or Attorney Tucker, and another
jury trial was required. In addition, due to serious problems
identified in the Hillsborough County Jail, federal detainees
have necessarily been housed as far away as Portland, Maine (as
was this defendant for a time), thus imposing unusual travel
obligations on counsel such as M r . Tucker. Although in the end
the result for defendant was (perhaps predictably) not favorable,
Attorney Tucker nevertheless provided zealous and very capable
representation, and provided it in an efficient and effective
manner.
All of which militates in favor of approving and certifying
fees in excess of the limits imposed by the Criminal Justice Act,
18 U.S.C. § 3006A. Having considered the exemplary legal
representation provided by counsel, the undoubted imposition on
his private litigation practice, the extended and complex nature
of this representation, and the required second jury trial
through no fault of counsel, I find that excess fees in the
amount requested should be and hereby are approved and certified
to the Chief Judge of the Court of Appeals as reasonable and
necessary to provide fair compensation under the Act in this
case.
The Motion for Compensation in Excess of Statutory Maximum
(document n o . 86) i s , therefore, granted.
SO ORDERED.
Steven J. McAuliffe
United States District Judge
February 1 6 , 2001
cc: Brian T . Tucker, Esq.
2
