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Government must return money to former suspect

By: Associated Press
By: Associated Press

ATLANTA (AP) - Appeals judges say the government must return
$3,040 to a man acquitted of robbing a Florida bank rather than
applying it to costs of his public defender.

When the FBI arrested Timothy N. Homrighausen in February 2006
after an anonymous tip on the $6,831 stolen in Key West, agents
seized 30 $100 bills and two twenties in his pockets, although
there were no bait bills from the robbery.

Homrighausen had no funds for a lawyer, so a magistrate
appointed a federal public defender. After his acquittal, U.S.
District Judge K. Michael Moore ruled the $3,040 should help pay
for that.

The 11th U.S. Circuit Court of Appeals vacated Moore's decision
Thursday, saying the government must return the money or produce
evidence why it should not.


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