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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERT WILSON,
Defendant-Appellant.


No. 08-6229

Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 06-00010-003—Charles R. Simpson III, District Judge.
Argued: January 14, 2010
Decided and Filed: March 1, 2010
Before: SUHRHEINRICH, SUTTON and COOK, Circuit Judges.

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OPINION
_________________________

SUTTON, Circuit Judge. The Criminal Justice Act authorizes district courts to appoint counsel for criminal defendants if they are “financially unable” to hire counsel of their own. 18 U.S.C. § 3006A(b). The Act also permits a court to terminate the appointment, and order repayment for the services provided, if “at any time after the appointment” the court learns that the defendant is “financially able” to obtain counsel or pay for the representation already provided. Id. § 3006A(c), (f).

In this case, because Robert Wilson had not obtained counsel by his arraignment in August 2006 and because he was incarcerated at the time, the district court appointed the public defender’s office to represent him. Toward the end of his six-week trial, which began in late 2007 and ended in January 2008, the court learned that Wilson had been staying at the “historic Brown hotel” in downtown Louisville throughout the trial, at a cost of roughly $10,000, after turning down the government’s offer of free accommodations. R.229 at 5. Further inquiry revealed that, by early 2007, Wilson was not a traditional candidate for free legal services: His income in 2007 totaled roughly $134,000; he lived in an exclusive section of San Francisco, where he paid $2,300 per month in rent; he has no dependents; his discretionary income in 2007 allowed him to spend at least $18,000 on the kinds of restaurants and wineries not known for catering to indigents; and Wilson’s friends had created a $44,000 fund to pay for his legal services in the case.

Recognizing that this was not the type of person Congress had in mind when it authorized the government to provide legal services to indigent criminal defendants, the district court was not pleased. After further factual investigation, it ordered Wilson to pay $52,305 in “reasonable monthly payments” for the costs of the public defender’s services. Id. at 26. Happily for Wilson, the fee was worth it, as he was acquitted on all charges. Unhappily for Wilson, the district court did not abuse its discretion in ordering him to pay for the representation.


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In re: MARTIN MCNULTY,
Petitioner.


No. 10-3201

Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 09-00149—Herman J. Weber, District Judge.
Submitted: February 24, 2010
Decided and Filed: March 1, 2010
Before: KEITH, MARTIN, and CLAY, Circuit Judges.

_________________________
OPINION
_________________________

BOYCE F. MARTIN, JR., Circuit Judge. This petition for a writ of mandamus arises from the proceedings in United States v. Arctic Glacier Int’l Inc., No. 1:09-cr-00149 (S.D. Ohio). In that case, Arctic Glacier International was charged in a criminal information with violating 15 U.S.C. § 1 by participating in “a conspiracy to suppress and eliminate competition by allocating packaged-ice customers in southeastern Michigan and the Detroit, Michigan metropolitan area.” (Tr. at 7) Petitioner Martin McNulty seeks a writ of mandamus to enforce his rights as a victim of this conspiracy under the Crime Victims’ Rights Act (CVRA), 18 U.S.C. § 3771. For the reasons set forth below, we DENY the petition for mandamus relief.