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U.S. v. COX

Nos. 07-4906, 08-4680.

575 F.3d 352 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Carol Ann COX, Party-in-Interest-Appellee, and Mark S. Cox, Defendant. United States of America, Plaintiff-Appellee, v. Carol Ann Cox, Party-in-Interest-Appellant, and Mark S. Cox, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: August 5, 2009.

Attorney(s) appearing for the Case

ARGUED: William A. Brafford, Office of the United States Attorney, Charlotte, North Carolina, for the United States. Amy Elizabeth Simpson, James McElroy & Diehl, PA, Charlotte, North Carolina, for Carol Ann Cox. ON BRIEF: Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for the United States. Preston O. Odom, James McElroy & Diehl, PA, Charlotte, North Carolina, for Carol Ann Cox.

Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge GREGORY and Senior Judge STAMP joined.

OPINION

TRAXLER, Chief Judge:

Carol Cox filed a third-party petition asserting a claim to the proceeds of a bank account seized by the government in the criminal forfeiture proceedings against Mark Cox, Carol's ex-husband. The district court ruled in favor of Carol and subsequently awarded her attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C.A. § 2412 (West 2006). The government appeals, arguing that the district court erred...

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