United States v. Timmie Cole, Sr., No. 08-3619 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal case - criminal law. District court's denial of motion for return of property affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3619 ___________ United States of America, Appellee, v. Timmie Durrell Cole, Sr., Appellant. * * * Appeal from the United States * District Court for the * Southern District of Iowa. * * [UNPUBLISHED] * * ___________ Submitted: November 12, 2009 Filed: November 13, 2009 ___________ Before BYE, SMITH, and BENTON, Circuit Judges. ___________ PER CURIAM. In this appeal following remand, federal inmate Timmie Durrell Cole, Sr., appeals the district court s1 denial of his motion for return of property. Having carefully reviewed the district court s factual findings for clear error and its conclusions of law de novo, see United States v. United Sec. Sav. Bank, 394 F.3d 564, 567 (8th Cir. 2004) (per curiam) (standards of review), we conclude the district court s decision was correct, see Nunley v. Dep t of Justice, 425 F.3d 1132, 1139 (8th 1 The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa. Cir. 2005) (government afforded inmate due process when it sent forfeiture notice to him in care of his attorney). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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