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U.S. v. MOSER

No. 08-2909.

586 F.3d 1089 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Keith MOSER, Defendant, Barry J. Jewell, Petitioner-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 18, 2009.

Attorney(s) appearing for the Case

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

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

Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

Barry J. Jewell sought attorneys' fees pursuant to the Civil Asset Forfeiture Reform Act ("CAFRA"), codified in part at 28 U.S.C. § 2465(b), after he prevailed in an ancillary proceeding pursuant to 21 U.S.C. § 853(n). The § 853(n) proceeding was ancillary to a criminal case against Jewell's former law partner, Bobby Keith Moser. In Moser's criminal case, the government had seized Jewell's pension and retirement account funds...

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