United States v. Samuel Acosta

Filing

PER CURIAM OPINION FILED - THE COURT: KERMIT E. BYE, STEVEN M. COLLOTON and RAYMOND W. GRUENDER (UNPUBLISHED); Appellee's motion [3914437-2] to strike a portion of Acosta's reply brief is granted.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

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 12-1082
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United States of America,
Appellee,
v.
Samuel Acosta,
Appellant.

*
*
*
* Appeal from the United States
* District Court for the
* Southern District of Iowa.
*
* [UNPUBLISHED]
*
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Submitted: June 12, 2012
Filed: June 9, 2012
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Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
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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).
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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