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

In 2018, the Wyoming Division of Criminal Investigation (DCI) obtained a search warrant to review the contents of Defendant–Appellant Joshua Richards' Tumblr account. During the search and subsequent investigation, DCI agents discovered Defendant had re-blogged videos and images of child pornography to his private Tumblr so he could later access and view the materials. Defendant ultimately pleaded guilty to one count of accessing with intent to view child pornography. He was sentenced to twenty-four months’ imprisonment followed by five years of supervised release. The district court imposed several special conditions of supervised release, which, as relevant here, related to drugs and alcohol and required Defendant to submit to polygraph testing. On appeal, Defendant argued the district court erred in imposing these special conditions. He also challenged the length of his prison sentence as substantively unreasonable. The Tenth Circuit determined the alcohol and drug conditions did not directly conflict with the relevant policy statement in the sentencing guidelines, so the district court's decision to impose the conditions was not manifestly unreasonable. And given the circumstances of the case, the Court determined the trial court did not abuse its discretion in imposing Defendant's twenty-four month sentence. View "United States v. Richards" on Justia Law

In 2016, after serving a federal prison sentence for having possessed a firearm after a felony conviction, Charles Ramon III began serving a mandatory term of supervised release. Before Ramon completed the term, his probation officer filed a petition, soon followed by two superseding petitions, to revoke Ramon’s supervised release. At the revocation hearing, the district court found three violations—two for possessing a controlled substance and one for again illegally possessing a firearm. Of these, the most serious was Ramon’s illegal possession of a firearm—a Grade B violation. For this, the court imposed the statutory maximum sentence of twenty-four months in prison. During the revocation hearing, the government mentioned that it might seek to indict Ramon for illegally possessing a firearm (the conduct in part underlying the revocation). Mindful of this, the district court ordered that Ramon’s twenty-four-month sentence run “consecutively to any sentences imposed previously or prospectively in federal or state court.” At the hearing, Ramon did not object to the district court’s running his sentence consecutively to future federal sentences. On appeal, Ramon argued that the district court exceeded its sentencing authority under 18 U.S.C. 3584(a) by ordering that Ramon’s sentence run consecutively to future federal sentences. By the terms of 18 U.S.C. 3584(a), the Tenth Circuit determined the district court did err. But Ramon failed to object to this at trial, and on appeal, failed to show that the error was plain, thus, judgment was affirmed. View "United States v. Ramon" on Justia Law

Jack Neugin pled guilty to being a felon in possession of a firearm and ammunition on the condition that he could appeal the district court's denial of his motion to suppress evidence of the ammunition and firearm police found in the bed of his pickup truck. Officers responded to a reported verbal altercation between Neugin and his girlfriend. One of the officers saw ammunition in the back of the truck after he lifted the truck's camper lit do allow the girlfriend to retrieve her belongings. Neugin argued the officers discovered the evidence during an unconstitutional search; the district court concluded the officer was acting "in a lawful position" as "community caretaker," and found no Fourth Amendment violation. The Tenth Circuit reversed, finding that : (1) the officer conducted the without a warrant or probable cause, (2) the community caretaking exception to the warrant requirement does not apply, and (3) the inevitable discovery exception to the exclusionary rule does not apply. The evidence seized should have been suppressed. View "United States v. Neugin" on Justia Law

In consolidated appeals, the issue presented for the Tenth Circuit's review centered on whether a Kansas law requiring documentary proof of citizenship ("DPOC") for voter registration was preempted by the federal National Voter Registration Act, or violated the Fourteenth Amendment's Equal Protection Clause. In a previous decision in this case, the Tenth Circuit determined the district court did not abuse its discretion in granting a preliminary injunction against the documentary proof law because the National Voter Registration Act preempted Kansas's law as enforced against those applying to vote while obtaining or renewing a driver's license. The matter was remanded for trial on the merits in which Kansas' Secretary of State had an opportunity to demonstrate the Kansas law's requirement was not more than the minimum amount of information necessary to perform an eligibility assessment and registration duty. On remand, the district court consolidated that statutory challenge with a related case that raised the question of whether the DPOC unconstitutionally burdened the right to vote because the the Secretary of State's interests were insufficient to justify the burden it imposed. After a bench trial, the district court entered a permanent injunction against the enforcement of the DPOC requirement under both the National Voter Registration law and the Equal Protection Clause. The Tenth Circuit concurred with the district court's judgment and affirmed. View "Fish v. Schwab" on Justia Law

Defendant-Appellant Archie Manzanares appealed a district court’s denial of his 28 U.S.C. 2255 motion challenging his sentence under the Armed Career Criminal Act (ACCA). Under the ACCA, an offense qualified as a violent felony by satisfying at least one of three definitions, which have come to be known as the Elements Clause, the Enumerated Clause, and the Residual Clause. Manzanares asserted that without the Residual Clause, his underlying New Mexico convictions (armed robbery, aggravated assault with a deadly weapon, and aggravated battery) no longer qualified as violent felonies. The district court denied the motion, concluding that all three underlying convictions satisfied the Elements Clause. Manzanares appealed the classification of the armed robbery conviction as a violent felony to the Tenth Circuit, and sought to expand the certificate of appealability to allow him to appeal the decision regarding the aggravated assault with a deadly weapon and aggravated battery convictions. After review, the Tenth Circuit affirmed the district court’s denial of Manzanares’s 2255 motion, and denied his motion to expand the COA. View "United States v. Manzanares" on Justia Law

Plaintiffs were citizens of the City of Boulder, Colorado and entities with various interests in the sale or possession of firearms within the city. They filed suit against the City of Boulder and several of its officials, alleging that Boulder City Ordinances 8245 and 8259 violate the U.S. Constitution, the Colorado State Constitution, and Colorado state statutes, Colo. Rev. Stat. §§ 29-11.7-102 & 103. The ordinances at issue banned the sale of "assault weapons," and raised the legal age for possessing a firearm from eighteen to twenty-one. The City of Boulder is a home-rule municipality under the Colorado Constitution, which granted the City to pass ordinances in “local and municipal matters” that supersede “any law of the state in conflict therewith.” The district court abstained and stayed the proceedings pending resolution of the state law preemption question in state court. Plaintiffs appealed, and finding that the district court properly abstained as “appropriate regard for the rightful independence of state governments reemphasize[s] that it is a wise and permissible policy for the federal chancellor to stay his hand in absence of an authoritative and controlling determination by the state tribunals,” the Tenth Circuit Court of Appeals affirmed. View "Caldara v. City of Boulder" on Justia Law

Defendant Fernando Samora borrowed his ex-girlfriend's care and drove it alone to a restaurant. When Defendant left the restaurant and approached the vehicle, the officers from a multi-agency task force converged to arrest him on an outstanding warrant. Defendant fled on foot and a chase ensued. After the officers caught and arrested Defendant, they searched the vehicle he had been driving and found a loaded firearm inside the center console. The Government charged Defendant with being a felon in possession of a firearm. Defendant proceeded to trial where the district court gave an erroneous instruction on constructive possession. A jury returned a guilty verdict and Defendant appealed, arguing: (1) the Government presented insufficient evidence to sustain his conviction; and (2) even if the Government presented sufficient evidence, the failure to properly instruct the jury constitutes plain error requiring remand for a new trial. The Tenth Circuit concluded after review that the trial court plainly erred in its jury instructions. It therefore reversed and remanded for a new trial. View "United States v. Samora" on Justia Law

Defendant–Appellant John Mayville pleaded guilty to possession of methamphetamine with intent to distribute, and possession of an unregistered firearm silencer. Exercising his right under the plea agreement, Defendant challenged the district court’s denials of his motions to suppress evidence of drugs and firearms seized from his car by Utah Highway Patrol troopers during a traffic stop. On appeal, Defendant argues the troopers violated his Fourth Amendment rights described in Rodriguez v. United States, 575 U.S. 348 (2015), because they unjustifiably prolonged the traffic stop beyond the time needed to complete the tasks incident to the stop’s mission. The Tenth Circuit affirmed. "This is because reasonableness—rather than efficiency—is the touchstone of the Fourth Amendment." Because the Court determined the traffic stop here did not exceed the time reasonably required to execute tasks relevant to accomplishing the mission of the stop, Defendant's nineteen-minute roadside detention did not offend the Fourth Amendment. View "United States v. Mayville" on Justia Law

Brandon Finnesy appealed his conviction and sentence for escape from custody. As to his conviction, which was entered upon his guilty plea, Finnesy contended he should have been permitted to withdraw his guilty plea because the magistrate judge who conducted his plea colloquy lacked “jurisdiction” to accept his plea. As to his sentence, he contended the district court erred in applying the United States Sentencing Guidelines relevant to his case. Finding no reversible errors, the Tenth Circuit affirmed Finnesy's conviction and sentence. View "United States v. Finnesy" on Justia Law

Petitioner Jimmie Wellmon sought to set aside his state court convictions for attempted first-degree murder, assault, menacing, and witness tampering. The Tenth Circuit granted a certificate of appealability so Petitioner could appeal whether he validly waived his right to counsel and, if so, whether the state trial judge reasonably rejected his pretrial motion to retract his waiver. The federal district court rejected Petitioner’s claims and dismissed his petition. Acknowledging that Congress has given federal appellate courts an ability to review state criminal convictions, federal courts' power to grant relief was "limited to correcting extreme malfunctions in the state criminal justice systems," the Tenth Circuit Court of Appeals found no reversible error in the district court's decision to dismiss Petitioner's petition in this case, and affirmed judgment. View "Wellmon v. CDOC" on Justia Law