US v. Moser, No. 08-2909

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.

Read US v. Moser, No. 08-2909

Appellate Information

Submitted: April 17, 2009

Filed: November 18, 2009

Judges

Opinion by Judge Melloy