United States v. Samuel Acosta


PER CURIAM OPINION FILED - THE COURT: KERMIT E. BYE, STEVEN M. COLLOTON and RAYMOND W. GRUENDER (UNPUBLISHED); Appellee's motion [3914437-2] to strike a portion of Acosta's reply brief is granted. [3929606] [12-1082]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 12-1082 ___________ United States of America, Appellee, v. Samuel Acosta, Appellant. * * * * Appeal from the United States * District Court for the * Southern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: June 12, 2012 Filed: June 9, 2012 ___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Samuel Acosta appeals the district court’s1 denial of his motion under Federal 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). _________________________________ 1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. Appellate Case: 12-1082 Page: 1 Date Filed: 07/09/2012 Entry ID: 3929606

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