Is Magnum entitled to attorney's fees incurred in defending against this appeal?

Magnum requests that we award him attorney's fees incurred in defending against this appeal. We have discretion to do so under section 1988, and the standard governing our discretion is the same as that governing the district court. See United States ex rel. Chunie v. Ringrose, 788 F.2d 638, 647 (9th Cir.), cert. denied, 479 U.S. 1009 (1986). Thus, we will award attorney's fees on appeal if we find that the appeal was "frivolous" or "unreasonable." Id. We also have discretion to award costs and damages under Rule 38 of the Federal Rules of Appellate Procedure, which provides that we may "award just damages and single or double costs to the appellee" if we find that an appeal is "frivolous."