United States v. Real Property Located At 2323 Charms Road

SUHRHEINRICH, Circuit Judge.

This is a consolidated appeal by the government from two orders of the district court in an unsuccessful civil forfeiture proceeding brought against a twin engine Beech aircraft owned by claimant David Gershon (“Gershon”).1 The first order awarded Gershon expenses and attorneys’ fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.2 The second order awarded Gershon storage expenses incurred while the aircraft was in the possession of the government.3 For the reasons that follow, we reverse the *439order of the district court awarding EAJA fees…