Opinion
No. 10-3746.
August 10, 2011.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:08-cv-1426-WTL-DML, William T. Lawrence, Judge.
Before RICHARD A. POSNER, Circuit Judge, ILANA DIAMOND ROVNER, Circuit Judge, DIANE P. WOOD, Circuit Judge.
ORDER
On page 7 of the slip opinion in this case issued on August 8, 2011, the following passage appears:
"The government's brief in response said it was too much. The lawyer replied that it wasn't too much because inflation brought the $125 statutory presumptive maximum to $170 in real terms. That was a non sequitur; a cost of living adjustment that raised the statutory fee to $170 provided no basis for an award of $225."
The passage is hereby stricken and the following substituted:
"He based his request for that fee on prevailing rates, without explicit mention of cost of living. The government's brief in response said he was asking for too much. This opened the way for him to reply that it wasn't too much because inflation brought the $125 statutory presumptive maximum to $170 in real terms. This was a permissible reply, not a forfeited argument, though it was incomplete and even a non sequitur; a cost of living adjustment that raised the statutory fee to $170 provided no basis for an award of $225."