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U.S. v. $28,000.00 IN U.S. CURRENCY

No. 13-55266.

802 F.3d 1100 (2015)

UNITED STATES of America, Plaintiff-Appellee, Robert Joseph Moser, Claimant-Appellant, v. $28,000.00 IN U.S. CURRENCY, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2015.

Attorney(s) appearing for the Case

Devin J. Burstein (argued), Warren & Burstein, San Diego, CA, Richard M. Barnett ; San Diego, CA, for Claimant-Appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter and Bruce C. Smith (argued), Assistant United States Attorneys, San Diego, CA, for Plaintiff-Appellee. Benjamin D. Steinberg (argued) and Mahesha P. Subbaraman , Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, MN, for Amicus Curiae Americans for Forfeiture Reform.

Opinion by Judge HURWITZ; Concurrence by Judge REINHARDT.

OPINION

Robert Moser prevailed against the federal government in a civil asset forfeiture action and became entitled to an award of attorney's fees under the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA"), 28 U.S.C. § 2465(b)(1)(A). The district court's fee award was significantly less than Moser requested...

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