United States v. Freddie Ross

96 F. App'x 427

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 3, 2004
• Docket: 03-2700
• Status: Unpublished

Opinion

PER CURIAM.

Federal inmate Freddie Ross appeals the district court’s 1 partial denial of his Federal Rule of Criminal Procedure 41(e) 2 motion for return of seized property, which included $8,400 in cash and several non-cash items. We have carefully reviewed the record, and we find no clear error. See United States v. Felici, 208 F.3d 667, 669-70 (8th Cir.2000) (standard of review), cert, denied, 581 U.S. 1201, 121 S.Ct. 1209, 149 L.Ed.2d 123 (2001). Police found the $8,400 inside Ross’s girlfriend’s bedroom closet, Ross initially denied any knowledge of the cash, and he later told police the cash belonged to a Vikings football player. In addition, Ross’s attorney conceded during the Rule 41 hearing that the motion was moot with respect to the seized non-cash items.

The judgment is affirmed. See 8th Cir. R. 47B.

1 . The Honorable David S. Doty, United States District Judge for the District of Minnesota.

2 . The substance of former subsection (e) is now found in subsection (g), with stylistic changes. See Fed.R.Crim.P. 41 advisory committee notes (2002 amend.).