DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072639P.pdf 07/17/2008 United States v. Jackie Porchay
U.S. Court of Appeals Case No: 07-2639
and No: 07-2787
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Smith, Author, with Loken, Chief Judge, and Riley,
Circuit Judge]
Criminal case - Forfeiture. District court did not err in converting
Porchay's Rule 41(g) claim into a 21 U.S.C. Sec. 853(n) claim once it
found she had no standing to assert a Rule 41(g) claim because she was
no longer a criminal defendant; district court did not err in ruling against
Porchay on the Sec. 853(n) claim because she failed to prove she
possessed an interest in the subject property; district court did not err in
awarding plaintiff no attorneys' fees under the Hyde Act, as the
government's position was not taken in bad faith and the prosecution was
not frivolous or vexatious.