United States Eleventh Circuit

In the government's appeal from an attorney's fee award following the dismissal of the government's civil forfeiture action, the award is reversed where attorney's fees incurred in the defense of a criminal action may not be awarded in a related civil forfeiture action under the Civil Asset Forfeiture Reform Act of 2000 without regard for the stringent limitations on attorney-fee awards in criminal cases under the Hyde Amendment.

Appellate Information

• Decided 08/19/2009
• Published 08/19/2009

Judges

• DUBINA, Chief Judge:, Before DUBINA, Chief Judge, and EDMONDSON and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Richard A. Friedman, USDOJ, Appellate Section, Washington, DC, Jenny Lynn Smith, Acting Chief of Appellate Div., Birmingham, AL, for Plaintiff-Appellant.


• For Appellees:
  
• James Elliott Walthall, James F. Barger, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Catherine C. Long, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Henry I. Frohsin, Frohsin & Barger, LLC, Birmingham, AL, for Defendants-Appellee.