United States v. Thompson

Full title: UNITED STATES OF AMERICA, APPELLANT, v. ROBERT C. THOMPSON, APPELLEE

Court: United States Court of Appeals, Eighth Circuit

Date published: Nov 12, 1981

664 F.2d 666 (8th Cir. 1981)

Opinion

No. 81-1847.

Submitted October 29, 1981.

Decided November 12, 1981.

George W. Proctor, U.S. Atty., Kenneth F. Stoll, Chief Asst. U.S. Atty., Little Rock, Ark., on brief for appellant.

Leon B. Catlett, Catlett Henderson, Little Rock, Ark., on brief for appellee.

Appeal from United States District Court for Eastern District of Arkansas; Elsijane Trimble Roy, J.

Before BRIGHT and ARNOLD, Circuit Judge, and DAVIES,^_ Senior District Judge.

_ RONALD N. DAVIES, Senior District Judge, District of North Dakota, sitting by designation.

ORDER OF AFFIRMANCE

The United States appeals, under 18 U.S.C. § 3731, the ruling of the district court dismissing on grounds of collateral estoppel a ten-count indictment against defendant Robert C. Thompson. We have reviewed the underlying facts, which are not in dispute, and the extensive discussion and analysis of principles of collateral estoppel applicable thereto as made in the opinion of the Honorable Elsijane T. Roy, District Judge. We affirm the order dismissing the indictment on the basis of Judge Roy's well-reasoned opinion, reported at 517 F. Supp. 1214 (E.D.Ark. 1981). See Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970).