United States of America Plaintiff - Appellee v. David Byron Thompson Defendant - Appellant

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United States Court of Appeals, Eighth Circuit.

United States of America Plaintiff - Appellee v. David Byron Thompson Defendant - Appellant

No. 17-2194

Decided: December 01, 2017

Before SHEPHERD, MURPHY, and KELLY, Circuit Judges.

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 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.

FOOTNOTES

1.   The Honorable P. K. Holmes, III, Chief Judge for the United States District Court for the Western District of Arkansas.

PER CURIAM.