United States v. Zachary Hrasky, No. 07-3141 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal case - jurisdiction. Prior interlocutory decision of this court reversing suppression of evidence is law of the case and cannot be reviewed following final judgment in subsequent criminal case.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-3141 ___________ United States of America, Appellee, v. Zachary Hrasky, Appellant. * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * * ___________ Submitted: January 23, 2009 Filed: January 28, 2009 ___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Zachary Hrasky pleaded guilty to being a felon in possession of a firearm. He now appeals the district court s1 final judgment, asserting that he is seeking a final decision from this court so he can petition the Supreme Court for review of this court s earlier interlocutory decision in United States v. Hrasky, 453 F.3d 1099 (8th Cir. 2006) (reversing suppression of evidence), cert. denied, 127 S. Ct. 2098 (2007). 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. In this appeal, Hrasky does not challenge any ruling by the district court. Regarding the suppression issue, we conclude that this court s prior decision is law of the case and that there is no basis for revisiting it. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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