United States v. Jackson Baugus

U.S. Court of Appeals for the Ninth Circuit

United States v. Jackson Baugus

Opinion

FILED

NOT FOR PUBLICATION DEC 22 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-30215

Plaintiff - Appellee, D.C. No. 1:02-cr-00133-SEH v.

MEMORANDUM * JACKSON BRYANT BAUGUS,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Montana

Sam E. Haddon, District Judge, Presiding

Submitted December 19, 2011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

Jackson Bryant Baugus appeals pro se from the district court’s denial of his motion for return of property. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. Appellant. P. 34(a)(2).

Baugus contends that the district court improperly applied $7,724 in seized funds to an unsatisfied fine of $75,000 imposed in connection with his 2004 criminal judgment. Contrary to Baugus’s contention, the district court did not err. See 18 U.S.C. § 3613(c). Consideration of Baugus’s remaining claims is precluded pursuant to the doctrine of res judicata. See Taylor v. Sturgell, 553 U.S. 880, 892 & n.5 (2008); United States v. Bhatia, 545 F.3d 757, 759 (9th Cir. 2008); see also United States v. Baugus, Nos. 07-30046 and 07-30353, 2009 Westlaw 159228 (9th Cir. Jan 13, 2009).

AFFIRMED.

2 10-30215

Reference

Status
Unpublished