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

The defendant, a young man with a history of firearm-related offenses, was previously adjudicated delinquent for shooting at a person, making him a “Category I restricted person” under Utah law and barring him from possessing firearms. Despite this, he was found in possession of a handgun in April 2022 and was charged with a felony for possessing a dangerous weapon as a restricted person. On the day of his arraignment for that charge, he purchased another firearm. Later, in October 2022, he was found with this new firearm after allegedly firing it at a group of people.Following the October incident, a federal grand jury indicted him for illegal receipt of a firearm by a person under indictment, in violation of 18 U.S.C. § 922(n). He moved to dismiss the indictment, arguing that § 922(n) is facially unconstitutional under the Second Amendment, as interpreted by New York State Rifle & Pistol Ass’n v. Bruen. The United States District Court for the District of Utah denied his motion, finding that while the Second Amendment presumptively protected his conduct, § 922(n) was consistent with the nation’s historical tradition of firearm regulation. The court cited historical laws disarming dangerous groups and surety laws as analogues. The defendant then entered a conditional guilty plea, reserving his right to appeal, and was sentenced to 21 months’ imprisonment.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the constitutionality of § 922(n) de novo. The court held that § 922(n) is facially constitutional, finding it “relevantly similar” to founding-era practices of pretrial detention and bail, which imposed comparable, temporary restrictions on the right to bear arms for those accused of serious crimes. The Tenth Circuit affirmed the district court’s denial of the motion to dismiss and upheld the conviction. View "United States v. Ogilvie" on Justia Law

In October 2022, law enforcement officers stopped and searched a vehicle in which the defendant was a passenger. During the search, they discovered an Anderson Manufacturing AM-15 machinegun, a .357 caliber Glock handgun, and a “Glock switch” device capable of converting a handgun to fire automatically. Video evidence showed the defendant firing a Glock handgun equipped with the switch, operating as a fully automatic weapon. The defendant was subsequently indicted on two counts of knowingly and unlawfully possessing a machinegun, in violation of 18 U.S.C. § 922(o).The United States District Court for the District of Kansas reviewed the defendant’s motion to dismiss the indictment, which argued that § 922(o) violated the Second Amendment as applied to him. The district court agreed, finding that both the AM-15 machinegun and the Glock switch were “bearable arms” within the plain text of the Second Amendment. The court further concluded that the government had not demonstrated that § 922(o) was consistent with the nation’s historical tradition of firearm regulation, and therefore dismissed the indictment.On appeal, the United States Court of Appeals for the Tenth Circuit reversed the district court’s decision. The Tenth Circuit held that the defendant failed to meet his burden under the first step of the framework established in New York State Rifle & Pistol Ass’n, Inc. v. Bruen. Specifically, the court found that the defendant did not show that the machineguns he possessed were “arms” in “common use” for self-defense by law-abiding citizens, as required by District of Columbia v. Heller and subsequent precedent. As a result, the Tenth Circuit concluded that § 922(o) is constitutional as applied to the defendant, reversed the dismissal of the indictment, and remanded the case for further proceedings. View "United States v. Morgan" on Justia Law

Police officers in Oklahoma conducted a warrantless search of a storage unit rented by an individual whose email and payment information were on the rental agreement, though the agreement was signed by another person. Employees of the storage facility initially entered the unit after finding its door ajar, observing what appeared to be drugs and firearms, and then notified police. Upon arrival, officers looked into the unit, with one officer peeking his head inside to observe suspected contraband, and another officer later entering the unit and opening a drawer before a warrant was obtained. The officers then used their observations to obtain a search warrant for the storage unit, which led to the discovery of drugs and firearms. Based on this evidence, they secured a second warrant to search the renter’s home, where additional contraband was found.The United States District Court for the Northern District of Oklahoma denied the defendant’s motion to suppress evidence from both searches, finding no Fourth Amendment violation in the officers’ actions. The defendant entered a conditional guilty plea to drug and firearm charges, reserving the right to appeal the suppression ruling, and was sentenced to 188 months in prison.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that the officers’ warrantless entry and search of the storage unit violated the Fourth Amendment. The court determined that, after excising the unconstitutionally obtained information from the search warrant affidavit, the remaining content failed to establish probable cause. The court also found that the good faith exception did not apply because the affidavit was so facially deficient that officers could not reasonably rely on it. Consequently, the evidence from both the storage unit and the home was ordered suppressed. The Tenth Circuit reversed the district court’s denial of the suppression motion, vacated the conviction and sentence, and remanded for further proceedings. View "United States v. Blasdel" on Justia Law

A 17-year-old defendant was charged with ten serious offenses, including murder and assault, after a violent confrontation at the home of his rivals. The incident stemmed from a feud with a classmate and escalated when the defendant, accompanied by his family, armed himself and attacked the victims’ home. The attack resulted in the death of one individual and severe injuries to others. The defendant, an enrolled member of the Cherokee Nation, was charged under federal law for crimes committed within the Cherokee Nation Indian Reservation.The United States District Court for the Eastern District of Oklahoma first reviewed the case. The government moved to transfer the defendant from juvenile to adult criminal proceedings under the Juvenile Justice and Delinquency Prevention Act. After an evidentiary hearing, the magistrate judge recommended granting the transfer, and the district court adopted this recommendation after conducting a de novo review. The district court weighed the statutory factors, including the defendant’s age, social background, psychological maturity, prior delinquency record, past treatment efforts, and the availability of rehabilitative programs, and found that most factors favored transfer to adult status.On interlocutory appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s decision for abuse of discretion. The appellate court held that the district court did not abuse its discretion in weighing the statutory transfer factors and found no clear error in its factual findings. The court also rejected the defendant’s Eighth Amendment argument that transfer was unconstitutional due to the potential punishments, holding that the challenge was unripe under circuit precedent. The Tenth Circuit affirmed the district court’s order transferring the defendant to adult criminal proceedings. View "United States v. J.D.V., Jr." on Justia Law

A man was stopped by police in Lawton, Oklahoma, for a traffic violation. During the stop, officers smelled marijuana and, after searching his car, found a loaded revolver and various marijuana products. The man did not have a medical marijuana card and was arrested on state charges for marijuana possession, paraphernalia, and a traffic offense. Subsequently, a federal grand jury indicted him for violating 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone who is an unlawful user of or addicted to a controlled substance.The United States District Court for the Western District of Oklahoma granted the defendant’s motion to dismiss the indictment. The district court found that the Second Amendment’s text covered the defendant’s conduct and held that applying § 922(g)(3) to non-intoxicated marijuana users was inconsistent with the nation’s historical tradition of firearm regulation. The court reasoned that historical regulations only permitted disarming those who had acted dangerously in the past, not those merely believed to pose a risk of future danger. The government appealed this decision.The United States Court of Appeals for the Tenth Circuit reviewed the case. After the Supreme Court’s decision in United States v. Rahimi clarified the methodology for Second Amendment challenges, the Tenth Circuit concluded that the historical tradition supports disarming individuals believed to pose a risk of future danger, not just those who have acted dangerously before. However, the appellate court found that the government must show that non-intoxicated marijuana users pose such a risk. The Tenth Circuit reversed the district court’s dismissal and remanded the case for further proceedings to determine whether the government can meet this burden. View "United States v. Harrison" on Justia Law

Three former members of a religious organization alleged that the organization intentionally misrepresented its history and the use of member tithing payments. They claimed that, had they known the true facts, they would not have joined or contributed financially. The plaintiffs asserted two main theories under the Racketeer Influenced and Corrupt Organizations Act (RICO): first, that the organization’s leaders made fraudulent statements about the group’s history and beliefs that they did not sincerely hold; and second, that the organization misrepresented how tithing funds would be used, including using them for commercial purposes contrary to representations.The United States District Court for the District of Utah initially dismissed the complaint, finding that the First Amendment’s Religion Clauses and the church autonomy doctrine barred adjudication of claims requiring inquiry into the truth or falsity of religious beliefs. After amendments to the complaint, the district court allowed a RICO claim based on the tithing theory to proceed, viewing it as a secular dispute. However, after further amendments and additional plaintiffs, the district court ultimately dismissed all claims, holding that the church autonomy doctrine barred claims based on religious misrepresentations and that the plaintiffs failed to adequately plead reliance or a pattern of predicate acts for the tithing-based RICO claim.The United States Court of Appeals for the Tenth Circuit affirmed. It held that the church autonomy doctrine bars civil RICO claims premised on alleged misrepresentations about religious history or doctrine, as such claims would require courts to adjudicate ecclesiastical questions. Regarding the tithing theory, the court held that the plaintiffs failed to plausibly allege a causal link between the organization’s statements about tithing and their own financial contributions, as required for a civil RICO claim. The court therefore affirmed the dismissal of all claims. View "Gaddy v. Corp. of the President of the Church of Jesus" on Justia Law

Jeffery Krueger died following a traffic stop in Oklahoma initiated by Wagoner County Sheriff’s Office deputies. The stop began when deputies suspected Mr. Krueger of minor traffic violations and possible intoxication. After Mr. Krueger stopped his car in a turn lane, deputies forcibly removed him from his vehicle, allegedly pulling him by his hair, slamming his head on the pavement, and repeatedly using tasers as they attempted to handcuff him. Additional law enforcement officers arrived and, according to the plaintiffs, either participated directly or failed to intervene as Mr. Krueger, now handcuffed and prone, was further restrained with leg shackles and a hobble tie. Mr. Krueger stopped breathing at the scene and was later pronounced dead at a hospital.The United States District Court for the Eastern District of Oklahoma reviewed the case after the plaintiffs, Mr. Krueger’s parents and estate representatives, filed suit under 42 U.S.C. § 1983, alleging excessive force and failure to intervene in violation of the Fourth Amendment. The defendants, including deputies and police officers, moved for summary judgment, asserting qualified immunity. The district court denied summary judgment for most defendants, finding that, when viewing the facts in the light most favorable to the plaintiffs, there were sufficient grounds to show clearly established constitutional violations. The court found material disputes regarding the amount and duration of force used, including the number of taser applications and the nature of the prone restraint.On appeal, the United States Court of Appeals for the Tenth Circuit affirmed the district court’s denial of qualified immunity. The Tenth Circuit held that a reasonable jury could find the defendants used excessive force both in the initial removal and restraint of Mr. Krueger and in the prolonged prone restraint after he was subdued. The court also held that the failure to intervene in the use of excessive force was clearly established as a constitutional violation. The district court’s orders denying summary judgment were affirmed. View "Krueger v. Phillips" on Justia Law

In 2024, New Mexico enacted a law requiring a mandatory seven-day waiting period for nearly all consumer firearm purchases, regardless of the buyer’s circumstances or urgency. The law applies even to individuals who have already passed background checks or possess security clearances, and it does not allow for waivers based on personal danger. Exemptions exist for certain categories, such as law enforcement, concealed carry permit holders, and immediate family transfers, but the law broadly prohibits the transfer of firearms before the waiting period ends, with violations constituting misdemeanors.After the law took effect, two individuals, both of whom promptly passed background checks when attempting to purchase firearms, were forced to wait the full seven days solely due to the new statute. They filed suit in the United States District Court for the District of New Mexico, seeking to enjoin enforcement of the law on Second and Fourteenth Amendment grounds. The district court denied their request for a preliminary injunction, reasoning that the right to keep and bear arms did not encompass the right to acquire arms, that waiting periods were longstanding and presumptively constitutional, and that the law fit within historical traditions of firearm regulation. The court also found that the plaintiffs did not meet the other requirements for injunctive relief.On appeal, the United States Court of Appeals for the Tenth Circuit reversed and remanded. The Tenth Circuit held that the waiting period burdens conduct protected by the Second Amendment, as the right to keep and bear arms necessarily includes the right to acquire them. The court found that such cooling-off periods are not supported by historical tradition or longstanding regulatory exceptions and that the law imposes an unconstitutional burden. The court concluded that the plaintiffs met all requirements for a preliminary injunction and directed the district court to enter injunctive relief consistent with its opinion. View "Ortega v. Grisham" on Justia Law

Two Albuquerque police officers stopped a vehicle driven by the defendant after hearing excessive noise, suspecting a violation of city ordinances regarding vehicle mufflers. Upon stopping the car, the officers discovered the defendant had two outstanding misdemeanor bench warrants, which allowed for release upon posting bond. The officers arrested the defendant, citing both the warrants and a concern about possible illegal items in the car after observing ammunition. The defendant requested to pay the bond or have his mother retrieve the car, but the officers proceeded to impound the vehicle, citing its improper parking across two metered spots and concerns about public safety. During an inventory search prior to towing, officers found firearms, cash, and drugs.The United States District Court for the District of New Mexico denied the defendant’s motion to suppress the evidence found in the car. The court found that the initial stop was supported by reasonable suspicion of a traffic violation, that the impoundment was justified under community-caretaking functions despite mixed motives, and that the inventory search, though imperfectly documented, largely conformed to department policy. The defendant pleaded guilty but reserved the right to appeal the suppression ruling.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s denial of the motion to suppress. The appellate court held that the officers had reasonable suspicion to justify the traffic stop, that the impoundment was permissible under the community-caretaking exception even with mixed motives, and that the inventory search was reasonable despite incomplete documentation, as it was conducted pursuant to standard procedures and not solely for investigatory purposes. The court concluded that none of the defendant’s Fourth Amendment rights were violated and affirmed the conviction. View "United States v. Ulibarri" on Justia Law

Police in Cheyenne, Wyoming, responded to a call about an unconscious man in a vehicle and arrested Derek Ascherin after finding drug paraphernalia and nearly 24 grams of suspected fentanyl pills. During the investigation, law enforcement suspected that Traquevis Dewayne Hardy was supplying fentanyl to Ascherin. Officers obtained a warrant to search Hardy’s Facebook messages, which revealed communications about fentanyl transactions. Hardy was later arrested in April 2023 with nine fentanyl pills in his possession.A grand jury in the United States District Court for the District of Wyoming indicted Hardy for conspiracy to distribute at least 40 grams of fentanyl between July and December 2022. After a three-day trial, a jury found Hardy guilty. At sentencing, the district court attributed 1,773 grams of fentanyl to Hardy, relying in part on statements from a confidential source, and sentenced him to 168 months in prison. Hardy objected to the drug quantity calculation, arguing it was based on unreliable hearsay, but the district court overruled his objection. Hardy appealed his conviction and sentence.The United States Court of Appeals for the Tenth Circuit reviewed three issues: whether Hardy’s absence from an in-chambers evidentiary ruling violated due process, whether the district court erred in admitting evidence of his later possession of fentanyl under Federal Rule of Evidence 404(b), and whether the sentencing court erred in relying on uncorroborated hearsay to determine drug quantity. The Tenth Circuit held that Hardy’s absence from the in-chambers conference did not violate due process and that any error in admitting the Rule 404(b) evidence did not affect the verdict. However, the court found clear error in the sentencing court’s reliance on uncorroborated hearsay for drug quantity. The Tenth Circuit affirmed Hardy’s conviction, vacated his sentence, and remanded for resentencing. View "United States v. Hardy" on Justia Law