DocketNumber： 12-3936
Citation Numbers： 541 F. App'x 719
Judges： Benton, Bye, Loken, Per Curiam
Filed Date： 11/13/2013
Status： Non-Precedential
Modified Date： 8/31/2023
United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3936 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Ronnie Terrell Walters lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: November 5, 2013 Filed: November 13, 2013 [Unpublished] ____________ Before LOKEN, BYE, and BENTON, Circuit Judges. ____________ PER CURIAM. Ronnie Terrell Walters appeals the district court’s1 order denying his motion for attorney fees and costs, which he filed after criminal charges against him were 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. dismissed without prejudice. Following careful review, this court concludes that the district court did not abuse its discretion in denying Walters’s motion, given his failure to offer any evidence that the government’s position in prosecuting him was vexatious, frivolous, or in bad faith. See United States v. Monson,636 F.3d 436
, 438- 39 (8th Cir. 2011) (standard of review; defendant’s burden of proof); United States v. Porchay,533 F.3d 704
, 710 (8th Cir. 2008) (evidentiary hearing is not required unless serious factual disputes surround application for attorney fees). The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ -2-