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Criminal Law

: Law Of Criminal Defense

W.D.Pa.: Simple conspiracy case did not justify exceeding the CJA cap despite 3-1/2 day trial

By John Wesley Hall, Jr.

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Three and a half day drug conspiracy trial based on snitch testimony was not so complicated in toto that the court could exceed the $9,700 cap on CJA fees. United States v. Tillman, 2010 U.S. Dist. LEXIS 54324 (W.D. Pa. June 3, 2010). The CJA provides that payment in excess of the $ 9,700.00 minimum may only be made for "extended or complex representation." 18 U.S.C. § 3006A(d) (3). An award of attorney's fees exceeding the maximum authorized by Congress is the exception, not the rule. See 18 U.S.C. § 3006A(d) (2). Extended representation is representation that "involves more time than what is required in the usual case." United States v. Holtz, 379 F. Supp. 2d 988, 991 (C.D. Ill. 2005) (citing United States v. Bailey, 581 F.2d 984, 989 (D...continue to full post

Full post as published by Law Of Criminal Defense on June 06, 2010 (boomark / email).

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