United States v. David Thompson , 703 F. App'x 455 ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-2194
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
David Byron Thompson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Harrison
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Submitted: November 27, 2017
Filed: December 1, 2017
[Unpublished]
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Before SHEPHERD, MURPHY, and KELLY, Circuit Judges.
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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.
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