Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

Customs and Border Patrol officers seized Sergio Ruiz at the Columbus, New Mexico port of entry with 20.8 kilograms of methamphetamine and an active GPS tracker hidden in his truck’s spare tire. The government used testimony from a confidential informant, Eric Weaver, who identified Ruiz as “Tire Man,” a known narcotics courier. Ruiz argued that the identification should be suppressed due to a suggestive pretrial photo array.The United States District Court for the District of New Mexico denied Ruiz’s motion to suppress the identification. The court found that although the photo array might lean towards being suggestive, Weaver’s identification was reliable under the totality of the circumstances. Weaver had multiple opportunities to observe Ruiz closely and provided consistent and accurate descriptions of him before the photo array. The jury subsequently convicted Ruiz on all counts.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court applied a two-part test to determine if the identification violated Ruiz’s due process rights. First, it assessed whether the photo array was unduly suggestive. Second, it evaluated the reliability of the identification using the Biggers factors. The court concluded that even if the photo array was suggestive, Weaver’s identification was reliable. Weaver had multiple encounters with Ruiz, paid close attention to his appearance, provided accurate descriptions, and expressed confidence in his identification. The court found no substantial likelihood of misidentification and affirmed the district court’s denial of Ruiz’s motion to suppress. View "United States v. Ruiz" on Justia Law

A licensed professional counselor in Colorado challenged the state's Minor Conversion Therapy Law (MCTL), which prohibits mental health professionals from providing conversion therapy to minors. Conversion therapy is defined as any practice attempting to change an individual's sexual orientation or gender identity. The plaintiff argued that the MCTL violates the Free Speech and Free Exercise Clauses of the First Amendment and sought a preliminary injunction to prevent its enforcement.The United States District Court for the District of Colorado denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff had standing but failed to demonstrate a likelihood of success on the merits of her First Amendment claims. The court concluded that the MCTL regulates professional conduct that incidentally involves speech and is therefore subject to rational basis review, which it survives.The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision. The Tenth Circuit held that the MCTL regulates professional conduct by prohibiting a specific therapeutic treatment (conversion therapy) provided by licensed mental health professionals to minors. The court found that the MCTL does not target speech based on its content but regulates the practice of conversion therapy, which incidentally involves speech. The court concluded that the MCTL is subject to rational basis review and serves legitimate state interests in protecting minors from harmful and ineffective therapeutic practices and maintaining the integrity of the mental health profession. The court found that the MCTL is rationally related to these interests, as the record showed that conversion therapy is harmful to minors and lacks clinical utility. View "Chiles v. Salazar" on Justia Law

Two defendants, Kevin Lewis and Otis Ponds, were involved in a large-scale drug trafficking conspiracy in Wichita, Kansas. Lewis was convicted at trial, while Ponds pleaded guilty but reserved the right to appeal on specific issues. Both defendants challenged the government's actions, including alleged violations of their Sixth Amendment right to a speedy trial and the validity of wiretap evidence used against them.The United States District Court for the District of Kansas initially set Lewis's trial for May 2020, but delays ensued due to the complexity of the case and the COVID-19 pandemic. The court declared the case complex, which extended the timeline for discovery. A significant delay was attributed to the FBI's use of a pole camera that recorded over 10,000 hours of footage, which defense counsel had to review. Ponds was arrested later and joined the case in March 2021. Both defendants filed motions to dismiss the indictment on speedy-trial grounds, which the district court denied, citing the complexity of the case and lack of specific prejudice to the defendants.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court found that while the delay was presumptively prejudicial, it was not unreasonable given the case's complexity. The court held that the government was responsible for some delay due to the extensive pole-camera footage but noted that the defendants failed to show specific prejudice from the delay. The court also upheld the district court's denial of the motions to suppress wiretap evidence, finding that the wiretap application was properly authorized by a statutorily approved DOJ official, despite challenges to the legibility of the signature.The Tenth Circuit affirmed the district court's judgment, including Lewis's 420-month sentence, finding it substantively reasonable given his significant role in the drug conspiracy and criminal history. View "United States v. Lewis" on Justia Law

Omar Godinez, a minor at the time of his conviction, is serving a 32-years-to-life sentence in Colorado state prison for kidnapping and sexually assaulting two victims. After exhausting state appeals, he sought federal habeas relief, arguing that his sentence violates the Eighth Amendment as interpreted in Graham v. Florida, which prohibits life imprisonment without parole for non-homicide offenses committed by minors without a meaningful opportunity for release based on maturity and rehabilitation.The state trial court rejected Godinez's interpretation of Graham, concluding that the Colorado Sex Offender Lifetime Supervision Act (SOLSA) allows the parole board to consider maturity and rehabilitation, even if not explicitly mandated. The Colorado Court of Appeals affirmed the sentence on different grounds, and the Colorado Supreme Court denied certiorari. Godinez then filed a habeas petition in the District of Colorado, which was denied. The district court agreed with the state trial court that the parole board could consider the Graham factors.The United States Court of Appeals for the Tenth Circuit reviewed the case. They had previously certified a question to the Colorado Supreme Court, which clarified that SOLSA permits consideration of maturity and requires consideration of rehabilitation. The Tenth Circuit denied Godinez's habeas petition, holding that he could not show that the Colorado courts unreasonably applied federal law. The court concluded that the parole board's ability to consider maturity and rehabilitation when Godinez becomes eligible for parole in 2034 meets the requirements set forth in Graham. The court also noted that any future failure by the parole board to adhere to constitutional requirements could be challenged at that time. View "Godinez v. Williams" on Justia Law

On March 2, 2022, Rondell Yokenya Baker was stopped twice by Deputy Lloyd while driving through Wyoming. The first stop was for speeding, during which Baker failed to produce a rental agreement for the car. After issuing a warning, the officer let Baker go but suspected drug trafficking. About 50 miles later, Baker was stopped again for speeding. This time, a K-9 unit was present, and the dog alerted to drugs in the car, leading to the discovery of methamphetamine, fentanyl pills, and cocaine.Baker moved to suppress the evidence, arguing that the second stop was unreasonably prolonged to conduct the dog sniff, violating the Fourth Amendment as per Rodriguez v. United States. The District Court for the District of Wyoming initially granted the motion, finding no reasonable suspicion for the second stop. However, upon the government's motion to reconsider, the court reversed its decision, ruling the stop was a valid pretextual stop under Whren v. United States and that the dog sniff did not unreasonably prolong the stop.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the actions taken by Deputy Lloyd, including asking Baker to exit the vehicle and rolling up the windows, were reasonable safety measures related to the traffic stop. The court found that these actions did not divert from the traffic mission and that the dog sniff occurred contemporaneously with the traffic stop, thus not prolonging it. The court affirmed the district court's denial of Baker's motion to suppress the evidence. View "United States v. Baker" on Justia Law

David Lesh, a social media content creator and owner of an outdoor apparel brand, posted photos on Instagram of himself snowmobiling at Keystone Resort, Colorado, during its closure due to the COVID-19 pandemic. The United States charged him with using an over-snow vehicle on National Forest Service (NFS) land off a designated route and conducting unauthorized work activity on NFS land. A magistrate judge convicted him of both counts after a bench trial.The magistrate judge found Lesh guilty of using an over-snow vehicle on NFS land off a designated route, taking judicial notice of a publicly available map indicating that Keystone Resort was not designated for snowmobile use. Lesh's argument that the map's undated nature failed to provide sufficient notice was not preserved for appeal. The district court affirmed the magistrate judge's decision.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed Lesh's conviction for using an over-snow vehicle on NFS land off a designated route, finding that Lesh had waived his challenge to the judicial notice of the map. However, the court reversed his conviction for unauthorized work activity under 36 C.F.R. § 261.10(c). The court held that the regulation was impermissibly vague as applied to Lesh's conduct, as it did not provide fair warning that posting images on social media could constitute a federal crime. The court also found insufficient evidence to prove that Lesh's primary purpose in posting the photos was to sell goods or services, as required by the regulation. The court concluded that Lesh was not deprived of his Sixth Amendment right to a jury trial, as the maximum penalty he faced did not exceed six months of imprisonment. View "United States v. Lesh" on Justia Law

The case involves a congressional program that awards grants for family-planning projects, with the Department of Health and Human Services (HHS) setting eligibility requirements. Oklahoma, a grant recipient, expressed concerns about these requirements, citing state laws prohibiting counseling and referrals for abortions. HHS proposed that Oklahoma provide neutral information about family-planning options, including abortion, through a national call-in number. Oklahoma rejected this proposal, leading HHS to terminate the grant. Oklahoma challenged the termination and sought a preliminary injunction.The United States District Court for the Western District of Oklahoma denied Oklahoma's motion for a preliminary injunction, determining that Oklahoma was unlikely to succeed on the merits of its claims. Oklahoma then appealed the decision.The United States Court of Appeals for the Tenth Circuit reviewed the case. Oklahoma argued that it would likely succeed on the merits for three reasons: (1) Congress's spending power did not allow it to delegate eligibility requirements to HHS, (2) HHS's requirements violated the Weldon Amendment, and (3) HHS acted arbitrarily and capriciously. The Tenth Circuit rejected these arguments, holding that:1. The spending power allowed Congress to delegate eligibility requirements to HHS, and Title X was unambiguous in conditioning eligibility on satisfaction of HHS's requirements. 2. The Weldon Amendment, which prohibits discrimination against health-care entities for declining to provide referrals for abortions, was not violated because HHS's proposal to use a national call-in number did not constitute a referral for the purpose of an abortion. 3. HHS did not act arbitrarily and capriciously in terminating Oklahoma's grant, as the eligibility requirements fell within HHS's statutory authority, and Oklahoma did not demonstrate a likely violation of HHS's regulations.The Tenth Circuit affirmed the district court's denial of the preliminary injunction, concluding that Oklahoma had not shown a likelihood of success on the merits of its claims. View "State of Oklahoma v. HHS" on Justia Law

A juvenile male, B.N.M., was accused of participating in the murder of his girlfriend’s parents when he was fifteen years old. The United States District Court for the Eastern District of Oklahoma transferred him to adult status, allowing him to be prosecuted as an adult. B.N.M. challenged this decision, arguing that the district court made errors in its analysis and that transferring him for adult prosecution was unconstitutional due to the severe penalties for first-degree murder.The district court's decision was based on the Juvenile Justice and Delinquency Prevention Act, which outlines factors to consider when deciding whether to transfer a juvenile for adult prosecution. The magistrate judge found that the nature of the offense and the availability of programs to treat the juvenile’s behavioral problems weighed in favor of transfer. The magistrate judge noted that if B.N.M. were adjudicated as a juvenile, he would be released at twenty-one, and there was a low likelihood of sufficient rehabilitation by that age. The district court adopted the magistrate judge’s recommendation, despite B.N.M.'s objections.The United States Court of Appeals for the Tenth Circuit reviewed the case. B.N.M. argued that the district court erred by misattributing testimony from the government’s expert to his expert and by not properly considering his role as a follower in the crimes. He also argued that the district court improperly shifted the burden of proof regarding the availability of community programs for his rehabilitation. The Tenth Circuit found that the misattribution of testimony did not affect the outcome and that the district court did not abuse its discretion in weighing the factors. The court also held that B.N.M.'s constitutional argument was not ripe for review. Consequently, the Tenth Circuit affirmed the district court’s decision to transfer B.N.M. for adult prosecution. View "United States v. B.N.M." on Justia Law

Dr. Anthony Tufaro, a former Chief of Plastic & Reconstructive Surgery and Professor of Medicine at the University of Oklahoma (OU), filed a lawsuit against OU and three of its doctors after his contract was not renewed. Tufaro alleged that his contract was not renewed because he had exposed various discrepancies and misconduct within OU’s Medical and Dental Colleges. His claims included wrongful termination, First Amendment retaliation, Fourteenth Amendment deprivation of property and liberty, breach of contract, and violation of the Oklahoma Constitution.The case was initially filed in state court but was later removed to federal court. In the federal court, the defendants filed a motion to dismiss, which the court granted in part and denied in part. The court dismissed all the § 1983 claims against OU and the individual defendants in their official capacities, as they were not considered "persons" under § 1983. The court also dismissed the breach of contract claim against OU, as it found that OU had followed the procedures outlined in the Faculty Handbook. However, Tufaro's Burk tort claim against OU survived the motion to dismiss.After discovery, the defendants filed a motion for summary judgment, which the court granted. The court ruled that Tufaro's complaints fell outside the scope of the First Amendment because they were made during his employment as part of his official duties. The court also held that Tufaro failed to demonstrate he was an "at-will" employee, an essential element of the Burk tort claim. Following the entry of summary judgment on all remaining claims, the district court entered final judgment, ending Tufaro’s case. Tufaro appealed several of the district court's rulings. View "Tufaro v. Board of Regents of the University of Oklahoma" on Justia Law

In February 2021, Salvador Salas, Jr. was accused of giving methamphetamine to a 13-year-old girl, sexually abusing her, and photographing the incident. The police obtained a warrant to search Salas's home and vehicle for drugs and related evidence. During the search, they seized Salas's iPhone and a hard drive. Suspecting Salas of producing or possessing child pornography, the officers obtained a second warrant to search for such evidence. They seized a laptop and another hard drive from Salas's residence. A digital forensic analyst found child pornography on Salas's iPhone and on the laptop and hard drive. Salas was charged with six federal counts of possessing and producing child pornography.Salas argued that the second warrant lacked probable cause and violated his Fourth Amendment rights. He also argued that the child pornography on his iPhone, seized under the first warrant, would not have been inevitably discovered because the first warrant only authorized the seizure, not the search, of his iPhone. The district court agreed that the second warrant lacked probable cause but declined to suppress the child pornography evidence. It found that the first warrant allowed for both the seizure and search of Salas's iPhone and therefore child pornography would have been inevitably discovered by the officers as part of their investigation into Salas's drug activities. Salas was convicted on all counts and appealed.The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision. The court held that the first warrant was sufficiently particular to justify a search of Salas's iPhone and the search would have been conducted reasonably. The court also held that the child pornography on Salas's iPhone would have been inevitably discovered because the first warrant allowed for both the seizure and search of Salas's iPhone. The court concluded that Salas's child pornography would not have indefinitely stayed hidden behind his iPhone's locked passcode. It would have inevitably been discovered. View "U.S. v. Salas" on Justia Law