United States v. David Thompson, No. 17-2194 (8th Cir. 2017)

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Court Description: Per Curiam - Before Shepherd, Murphy and Kelly, Circuit Judges] Criminal case - Criminal law. Defendant's Rule 41(g) motion was barred by res judicata, and the district court did not err in denying the motion. Home | Contact Us | Employment | Glossary of Legal Terms | Site Map | RSS Privacy Policy|BrowseAloud

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2194 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. David Byron Thompson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Harrison ____________ Submitted: November 27, 2017 Filed: December 1, 2017 [Unpublished] ____________ Before SHEPHERD, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Federal prisoner David Thompson appeals after the district court1 denied his Federal Rule of Criminal Procedure 41(g) motion seeking the return of property. 1 The Honorable P. K. Holmes, III, Chief Judge for the United States District Court for the Western District of Arkansas. After careful review of the record, we conclude that Thompson’s Rule 41(g) motion-which he concedes sought the same property as he requested in a prior Rule 41(g) motion--was barred by res judicata. See Rutherford v. Kessel, 560 F.3d 874, 877 (8th Cir. 2009) (elements of res judicata); Followell v. United States, 532 F.3d 707, 708 (8th Cir. 2008) (res judicata precludes relitigation of claim on grounds that were raised or could have been raised in prior action). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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