United States v. Phillip Brumfield

10-3607Court of Appeals for the Eighth CircuitJul 31, 2012

Full text

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 12-1082
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
Samuel Acosta, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: June 12, 2012
Filed: June 9, 2012
___________
Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
Samuel Acosta appeals the district court’s denial of his motion under Federal1
Rule of Criminal Procedure 41(g) for return of personal property. Upon careful
review of the relevant record, we conclude that the district court did not err by
denying the motion or failing to hold an evidentiary hearing. See Jackson v. United
States, 526 F.3d 394, 396 (8th Cir. 2008). Accordingly, we affirm. See 8th Cir. R.
47B. We also grant appellee’s motion to strike a portion of Acosta’s reply brief. See
FTC v. Neiswonger, 580 F.3d 769, 775 (8th Cir. 2009).
_________________________________
The Honorable Robert W. Pratt, United States District Judge for the Southern1
District of Iowa.

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