United States v. David Thompson
This text of 703 F. App'x 455 (United States v. David Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Federal prisoner David Thompson appeals after the district court 1 denied his Federal Rule of Criminal Procedure 41(g) motion seeking the return of property. 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 judica-ta); 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.
. The Honorable P. K. Holmes, III, Chief Judge for the United States District Court for the Western District of Arkansas.
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703 F. App'x 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-thompson-ca8-2017.