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.
082909P.pdf 11/18/2009 United States v. Barry Jewell
U.S. Court of Appeals Case No: 08-2909
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Melloy, Author, with Wollman and Gruender, Circuit
Judges]
Civil case - Asset Forfeiture. The arguments for and against permitting
a petitioner prevailing on a 21 U.S.C. Sec. 853(n) claim to receive
attorneys' fees from the government are too closely balanced for the court
to conclude that Congress's waiver of sovereign immunity clearly and
unequivocally applies to this situation, and the district court did not
err in denying petitioner's request for fees.