Legal Opinion

United States v. Moser

Court of Appeals for the Eighth Circuit

Decided November 18, 2009No. 08-2909PublishedCited by 14 opinions

1Opinion of the Court

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, and in the § 853(n) proceeding, the district court 1 concluded that the funds were beyond the reach of the government’s forfeiture efforts.…

2Cases cited14 opinions

  1. United States v. WilliamsSupreme Court of the United States · 1995
  2. United States v. Lawrence W. Lavin Wmot Enterprises, Inc.Court of Appeals for the Third Circuit · 1991
  3. United States v. McHanCourt of Appeals for the Fourth Circuit · 2003
  4. United States v. Robert E. Douglas, Jr., Noel Lussier v. United StatesCourt of Appeals for the Eleventh Circuit · 1995
  5. United States v. Alcaraz-GarciaCourt of Appeals for the Ninth Circuit · 1996

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Tim Lors v. Jim DeanCourt of Appeals for the Eighth Circuit · 2014
  2. United States v. WhiteCourt of Appeals for the Eighth Circuit · 2012
  3. United States v. BradleyCourt of Appeals for the Second Circuit · 2018
  4. United States v. BurgeDistrict Court, C.D. Illinois · 2011
  5. United States v. PettersDistrict Court, D. Minnesota · 2012

9 more not listed; retrieve them via the Exa API.

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