United States Eighth Circuit

In a petition for attorney's fees pursuant to the Civil Asset Forfeiture Reform Act (CAFRA) after petitioner prevailed in an asset forfeiture proceeding pursuant to 21 U.S.C. section 853(n), denial of the petition is affirmed where the arguments for and against permitting a prevailing section 853(n) petitioner to receive attorneys' fees from the government were too closely balanced to allow the court of appeals to conclude that Congress's waiver of sovereign immunity clearly and unequivocally applied in this situation.

Appellate Information

• Decided 11/18/2009
• Published 11/18/2009

Judges

• MELLOY, Circuit Judge., Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Shelly H. Koehler, argued, Samuel A. Perroni, Barry, Jewell, on the brief, Little Rock, AR, for appellant.


• For Appellees:
  
• Stefan Dante Cassella, Special AUSA, argued, Alexandria, VA, Clarence Daniel Stripling, AUSA, on the brief, Little Rock, AR, for appellee.