A motion for attorney fees as sanctions for a frivolous appeal under Fed. R. App. P. 38 must be filed within the time prescribed by 9th Cir. Rule 39-1.6—that is, within 14 days after the time for filing a rehearing petition has expired or, if one is filed, within 14 days after its denial. However, to the extent a party seeks double costs under Rule 38, it must file a bill of costs on an appeal within 14 days after entry of the appellate opinion, and the motion for double costs within the Rule 39-1.6 time.
Ninth Circuit Court of Appeals (per curiam); April 9, 2018; 2018 WL 1703455