United States v. Barry Jay Feldman, 788 F.2d 625 (9th Cir. 1986). · Go Syfert
United States v. Barry Jay Feldman, 788 F.2d 625 (9th Cir. 1986). Cases Citing This Book View Copy Cite
15 citation events (10 in the last 25 years) across 7 distinct courts.
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Anderson v. United States of America
W.D. Wash. · 2020 · confidence medium
While plaintiff may be 22 || entitled to an award of costs (see 8 U.S.C. § 1183a(c); U.S. v. Feldman, 788 F.2d 625, 626-27 (9th Cir. 1986)), she may not convert her time into “legal fees.” 23 To the extent plaintiff seeks reimbursement for her time as damages or a sanction, the request is denied. 24 25 > Prejudgment interest is calculated at 1.53% per annum.
discussed Cited as authority (rule) United States v. Cantrell
9th Cir. · 2005 · confidence medium
The district court was not only permitted to proceed with making compensation and reimbursement arrangements without the government’s input, it was required to do so because “the Criminal Justice Act excludes the government from participation in the Act’s compensation and reimbursement arrangements.” United States v. Feldman, 788 F.2d 625, 626 (9th Cir.1986) (per curiam); see also In re Baker, 693 F.2d at 927 & n. 3 (holding that the district judge need not notify the government when a request for fees is made under the CJA and should “simply certiffy] the amount to be paid on the ba…
discussed Cited as authority (rule) United States v. McElhiney
10th Cir. · 2004 · confidence medium
In reaching this conclusion, we acknowledge the decision in United States v. Feldman, 788 F.2d 625, 626 (9th Cir.1986), where the court held that pro se criminal defendants were entitled to reimbursement for expenses under § 3006A(d)(l) because to conclude otherwise “would contradict the spirit of the” CJA and “would be tantamount to placing an impediment on a defendant’s right to proceed pro se.” Like the Eighth Circuit, however, we conclude this position is inconsistent with the plain language of § 3006A(d)(l) and reject it.
discussed Cited as authority (rule) United States v. Barry Jay Feldman
9th Cir. · 1987 · confidence medium
Although this court had previously granted costs only to attorneys appointed to represent indigent defendants, we awarded costs to Feldman, noting that “to bar a pro se defendant from recovering costs would be tantamount to placing an impediment on a defendant’s right to appear pro se.” United States v. Feldman, 788 F.2d 625, 626 (9th Cir.1986).
cited Cited "see" United States v. Pelullo
3rd Cir. · 2005 · signal: see · confidence high
See United States v. Feldman, 788 F.2d 625, 626 (9th Cir. 1986).
cited Cited "see" United States v. Leonard A. Pelullo, United States of America v. Leonard A. Pelullo
3rd Cir. · 2005 · signal: see · confidence high
See United States v. Feldman, 788 F.2d 625, 626 (9th Cir.1986).
cited Cited "see" Mack Al Green v. United States
8th Cir. · 2003 · signal: see · confidence high
See United States v. Feldman, 788 F.2d 625, 626 (9th Cir.1986).
cited Cited "see" United States v. Mack Al Green
8th Cir. · 2003 · signal: see · confidence high
See United States v. Feldman, 788 F.2d 625, 626 (9th Cir.1986).
discussed Cited "see, e.g." United States v. James Wells
9th Cir. · 2018 · signal: see also · confidence medium
See The Guide, Vol. 7, Ch. 2, § 210.40.20(e) (“Employees of law enforcement agencies or U.S. attorney offices should not participate in the completion of the Form CJA 23 (Financial Affidavit) or seek to obtain information from a person requesting the appointment of counsel concerning the person’s eligibility.”); id. § 230.26.20(c) (“Case budgets should be submitted ex parte and filed and maintained under seal.”); 18 U.S.C. § 3006A(e) (directing that CJA applications for services other than counsel should be filed ex parte, and proceedings on such applications should be heard ex pa…
discussed Cited "see, e.g." United States v. James Wells (2×)
9th Cir. · 2017 · signal: see also · confidence medium
See The Guide, Vol. 7, Ch. 2, § 210.40.20(e) (“Employees of law enforcement agencies or U.S. attorney offices should not participate in the completion of the Form CJA 23 (Financial Affidavit) or seek to obtain information from a person requesting the appointment of counsel concerning the person’s eligibility.”); id. § 230.26.20(c) (“Case budgets should be submitted ex parte and filed and maintained under seal.”); 18 U.S.C. § 3006A(e) (directing that CJA applications for services other than counsel should be filed ex parte, and proceedings on such applications should be heard ex pa…
discussed Cited "see, e.g." United States v. Lester Gene Boutwell, and United States of America v. Morris Allen Pritchett
5th Cir. · 1990 · signal: see also · confidence low
See also United States v. Feldman, 788 F.2d 625 (9th Cir.1986) (citing Dangdee and 18 U.S.C. section 3006A(c) for the proposition that an appointed attorney’s duty to represent his or her client continues automatically through appeal). 4 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Barry Jay FELDMAN, Defendant-Appellant
84-5142.
Court of Appeals for the Ninth Circuit.
Apr 28, 1986.
788 F.2d 625
Ronald J. Nessim, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee., Barry Jay Feldman, in pro. per.
Fletcher, Pregerson, Canby.
Cited by 15 opinions  |  Published

A jury convicted Feldman of bank robbery and we affirmed the conviction. See 788 F.2d 544. After his appeal had been argued and submitted, Feldman filed a motion claiming $85.10 in costs incurred in his appeal. Throughout the litigation of his case, in both the district court and before us, Feldman appeared pro se. A Federal Public Defender acted as advisory counsel, but her participation was apparently strictly limited to advice. Feldman prepared all his papers and appeared in his defense at all stages of this prosecution.

We have been unable to find any guidance in any prior case as to whether a pro se criminal defendant is entitled to costs beyond the standard in forma pauperis waiver of filing fees. Normally, when confronted with a novel question of law such as this, we would call for supplementary briefing from the adverse party— in this case the government. However, the Criminal Justice Act excludes the government from participation in the Act’s compensation and reimbursement arrangements. See In re Baker, 693 F.2d 925, 927 & n. 3 (9th Cir.1982). Thus, we decide Feldman’s costs application on his papers alone.

Feldman’s claim is for the costs of xeroxing and postage. Had a court-appointed attorney represented Feldman, the attorney could have claimed reimbursement. A district court, at its discretion, may award to an appointed attorney such costs as those claimed here by Feldman if incurred as part of the trial. See 18 U.S.C. § 3006A(d)(l); In re Baker, 693 F.2d at 926; United States v. Owens, 256 F.Supp. 861, 864 & n. 1 (W.D.Pa.1966) (travel, telephone calls, postage and other office expenses reimbursable under CJA). An appointed attorney’s duty to represent his or her client continues automatically through appeal. See 18 U.S.C. § 3006A(c); United States v. Dangdee, 608 F.2d 807, 809-10 (9th Cir.1979). Thus, appointed counsel would normally be reimbursed for expenses similar to those incurred here by Feldman. See, 18 U.S.C. § 3006A(d)(4).

Alternatively, rather than seek a court-appointed attorney, an indigent defendant such as Feldman might request the Federal Public Defender to assume representational responsibility. In such cases, the Federal Public Defendant's congressionally-ap-proved budget presumably covers all expenses incurred through appeal.

Thus, we think it clear that the intent of the Criminal Justice Act is that the reasonably incurred expenses of an indigent defendant on appeal should normally be reimbursed. To deny this same right of reimbursement to pro se defendants would contradict the spirit of the Act. Moreover, to bar a pro se defendant from recovering costs would be tantamount to placing an impediment on a defendant’s right to proceed pro se.

As we have noted, the legal authority to award costs to a pro se litigant under the Criminal Justice Act is unclear, although public policy and common-sense statutory interpretation strongly imply the necessary legal authority. Feldman was not the prevailing party in his appeal, as we require for an award of costs in a civil case. See, e.g., Carter v. Veterans Administration, 780 F.2d 1479, 1482 (9th Cir. 1986). However, “[a]n order ... under the CJA is utterly different from the type of award ... that is entered in favor of a prevailing party and against the losing party in certain kinds Of civil litigation. Those awards are rendered in an adversary context and are at least an ancillary subject of the principal litigation itself____ Payment ... under the CJA, on the other hand, does not depend on the outcome of the litigation.” In re Baker, 693 F.2d at 927 (citations omitted). Thus, Feldman’s claim[*627] would seem to satisfy appropriate requirements for the award of costs under the Criminal Justice Act.

Feldman’s application for reasonable costs is GRANTED. The government shall pay Feldman up to $85.10 upon his production of adequate proof of his claimed expenses.