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

Defendant Xavier Zamora, then seventeen, shot and killed Jose Hernandez, a U.S. postal worker, during a domestic dispute with his mother. The United States charged Zamora as a juvenile under the Federal Juvenile Delinquency Act (JDA). The U.S. Attorney for the District of New Mexico certified that there was a substantial federal interest in the case, allowing for federal jurisdiction. Zamora was transferred to adult status and pleaded guilty to Second Degree Murder of a U.S. Employee and Possessing a Firearm in Furtherance of Such Crime.The United States District Court for the District of New Mexico accepted the certification and the transfer to adult status. Zamora pleaded guilty to the charges. On appeal, Zamora challenged the certification, arguing that no substantial federal interest existed and that the certification was facially deficient, thus the district court lacked federal subject-matter jurisdiction.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the U.S. Attorney's certification of a substantial federal interest under the JDA is an unreviewable act of prosecutorial discretion. The court noted that the plain language of the JDA does not require the Attorney General to identify a specific substantial federal interest, only to certify that such an interest exists. The court joined the majority of other circuits in holding that the certification is not subject to judicial review. The court affirmed the district court's exercise of jurisdiction, finding the certification facially valid as it stated that there was a substantial federal interest in the charges. View "United States v. Zamora" on Justia Law

The defendant was convicted of illegally reentering the United States, which under 8 U.S.C. § 1326(b) carries a maximum sentence that depends on the defendant’s criminal history. Without a prior felony, the maximum is two years; with a prior felony, it is ten years; and with an aggravated felony, it is twenty years. The defendant had two prior felony convictions, but neither was for an aggravated felony. However, the government and probation office mistakenly assumed one conviction was for an aggravated felony, suggesting a twenty-year maximum.The United States District Court for the District of New Mexico sentenced the defendant, possibly under the mistaken belief that the statutory maximum was twenty years. The defendant did not object to this error at the time. On appeal, both parties agreed that the correct statutory maximum was ten years, not twenty. The defendant argued that this error should be presumed prejudicial, while the government contended that the defendant must show actual prejudice.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court agreed with the government, stating that the defendant must show prejudice from the error. The court noted that other circuits have similarly required defendants to demonstrate prejudice in such situations. The court found no evidence that the district court’s error affected the defendant’s substantial rights, as the 42-month sentence was well below the correct ten-year maximum and at the bottom of the guideline range. The court concluded that the defendant did not show that the error had a substantial impact on his sentence and affirmed the 42-month sentence. View "United States v. Calderon-Padilla" on Justia Law

Brandon Richardson was sentenced to 182 months in prison in Missouri for federal firearm and drug convictions. Subsequently, he was transported to Oklahoma to face a federal charge of illegal possession of a firearm. Richardson pleaded guilty to the Oklahoma offense, and the district court sentenced him to 27 months, with 10 months to be served consecutively to the Missouri sentence. Richardson appealed, arguing that the Oklahoma court abused its discretion by imposing the consecutive sentence, claiming that the Missouri court had already punished him for the Oklahoma conduct.The United States District Court for the Western District of Oklahoma sentenced Richardson to 27 months for the Oklahoma firearm possession charge, with 10 months to be served consecutively to his Missouri sentence. Richardson contended that the Missouri court had already accounted for his Oklahoma conduct in its sentencing, although he did not specify any time attributed to the Oklahoma conduct by the Missouri court. He also argued that the consecutive sentence created an unwarranted sentencing disparity compared to defendants sentenced under Federal Rule of Criminal Procedure 20.The United States Court of Appeals for the Tenth Circuit reviewed the case and disagreed with Richardson's arguments. The court found that the Oklahoma district court did not abuse its discretion under U.S.S.G. § 5G1.3(d) by treating the Oklahoma offense as independent of the Missouri offenses and imposing the 10-month consecutive sentence. The appellate court held that Richardson failed to show that the Missouri court had attributed any part of its sentence to his Oklahoma conduct. Additionally, the court found no unwarranted sentencing disparity, as Richardson did not request a transfer under Rule 20, and his comparators should be defendants sentenced outside of Rule 20. The Tenth Circuit affirmed the Oklahoma court's sentence. View "United States v. Richardson" on Justia Law

In 2016, an anonymous user uploaded child pornography images to Chatstep, an internet chatroom service. Chatstep identified and reported the uploads to the National Center for Missing & Exploited Children (NCMEC) using Microsoft’s PhotoDNA. The Bernalillo County Sheriff’s Office (BCSO) in New Mexico traced the IP address to Guy Rosenschein and obtained a warrant to search his home, uncovering approximately 21,000 images and videos of child pornography. Rosenschein was indicted on charges of possession and distribution of child pornography.The United States District Court for the District of New Mexico denied Rosenschein’s pre-trial motions to suppress evidence, dismiss the case, or compel discovery of the computer programs used by Microsoft and NCMEC. Rosenschein pleaded guilty to one count of possession and seven counts of distribution of child pornography, reserving his right to appeal the denial of his motions.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s denial of all three motions. The court held that Chatstep and Microsoft were not acting as governmental agents, so the Fourth Amendment did not apply to their conduct. Even if they were considered governmental agents, Rosenschein had no reasonable expectation of privacy in the images he uploaded to a public chatroom. The court also found no abuse of discretion in the district court’s denial of Rosenschein’s motion to compel discovery of NCMEC’s reporting system, since he had the opportunity to access the information through witness examination. Lastly, the court upheld the district court’s refusal to require expert reports for the government’s witnesses before the suppression hearing, since Rule 16(a)(1)(G) does not apply to suppression hearings. View "U.S. v. Rosenschein" on Justia Law

The case involves Kevin Ray Ward, who was convicted of participating in a violent attack on three men returning from a fishing trip in Indian Country. After his arrest, Ward admitted to participating in the attack but claimed at trial that he did so under duress due to threats from Anthony Juan Armenta. During cross-examination, the prosecutor questioned Ward about his failure to mention these threats when initially questioned by law enforcement. The prosecutor also highlighted this omission during closing arguments to challenge Ward's credibility.The United States District Court for the Eastern District of Oklahoma convicted Ward of assault resulting in serious bodily injury, assault with a dangerous weapon with intent to do bodily harm, and use, carrying, brandishing, and discharge of a firearm during and in relation to a crime of violence. Ward did not raise the issue of his post-arrest silence being used against him during the trial, so the appellate court reviewed the case for plain error.The United States Court of Appeals for the Tenth Circuit reviewed the case and found that the district court committed plain error by allowing the prosecutor to use Ward's post-arrest silence against him. The court held that this use of partial silence violated Ward's due process right to a fair trial, as established in Doyle v. Ohio and United States v. Canterbury. The court concluded that the error affected Ward's substantial rights and the fairness of the judicial proceedings. Consequently, the Tenth Circuit vacated Ward's convictions and remanded the case for further proceedings consistent with their opinion. View "United States v. Ward" on Justia Law

In September 2022, the defendant used a short-term rental home in Tulsa, Oklahoma, to distribute fentanyl pills. The rental was booked by an unindicted female co-conspirator through Airbnb.com. The property manager, Mallory Massey, visited the rental on September 9 and found the master-bedroom door locked. The defendant opened the door and explained that he had been using the back door. On September 15, police observed the defendant selling fentanyl pills at the rental. A search warrant executed on September 19 led to the discovery of fentanyl, marijuana, scales, firearms, ammunition, cash, and personal belongings, resulting in the defendant's arrest.The defendant was indicted by a grand jury on charges of possession of fentanyl with intent to distribute, possession of firearms in furtherance of a drug-trafficking crime, and being a felon in possession of a firearm and ammunition. He was convicted on all counts following a jury trial. The presentence investigation report recommended a two-level enhancement under U.S.S.G. § 2D1.1(b)(12) for maintaining a premises for drug distribution. The defendant objected, arguing there was no evidence he maintained the house. The district court applied the enhancement, finding that the defendant solely occupied the residence and used it primarily for drug distribution.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the enhancement was appropriate, as the defendant exercised control over the rental, stored drugs and personal belongings there, and used it for drug distribution. The court affirmed the district court's application of the enhancement and the defendant's sentence of 248 months' imprisonment. View "United States v. Day" on Justia Law

Alexander William Santiago was convicted of production and possession of child pornography and sentenced to 240 months and 120 months imprisonment, respectively, to run consecutively. Santiago appealed, arguing that the district court erred in denying his motion to suppress evidence obtained from his iPhone. The iPhone was initially searched under a state search warrant, which Santiago claimed was impermissibly broad, and later under a federal search warrant that relied on the results of the state search.The United States District Court for the Western District of Oklahoma denied Santiago's motion to suppress, finding that the state search warrant failed the Fourth Amendment’s particularity requirement but applied the good faith exception to the exclusionary rule. The court did not address whether there was probable cause for the federal search warrant absent the state search results. Santiago was subsequently found guilty by a jury and sentenced.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court agreed with Santiago that the state search warrant was overbroad and violated the Fourth Amendment’s particularity requirement. The court held that the good faith exception did not apply because no reasonable officer could rely on such a warrant. Consequently, the evidence obtained from the state search should be suppressed.The court also examined the federal search warrant, determining that without the tainted evidence from the state search, the affidavit did not establish probable cause to search Santiago’s iPhone for child pornography. Therefore, the evidence from the federal search was also suppressed.The Tenth Circuit reversed the district court’s denial of Santiago’s motion to suppress, vacated his conviction and sentence, and remanded the case for further proceedings consistent with its opinion. View "United States v. Santiago" on Justia Law

George Smith was convicted of first-degree murder and causing the death of another during the commission of a firearm offense. On April 8, 2021, Smith spent the day with his great-uncle, Jimmy Arthur, and later that evening, Arthur was fatally shot in the back of his head and neck while seated at his dining table. Smith claimed masked intruders were responsible, but evidence suggested otherwise. Smith was found with Arthur's body and had moved it, tampering with the crime scene. Blood consistent with Arthur's was found on Smith's sweatpants, and Smith had attempted to pawn a .25 caliber pistol earlier that day, which matched the caliber of the shell casing found at the scene.The United States District Court for the Eastern District of Oklahoma tried Smith, and a jury convicted him on both counts. Smith was sentenced to life in prison. He appealed, arguing insufficient evidence, juror misconduct, and prosecutorial misconduct.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court found that sufficient evidence supported the jury's verdict, including Smith's presence at the scene, his inconsistent statements, and the forensic evidence. The court also determined that the district court did not abuse its discretion in handling the juror misconduct incident, as the court conducted a thorough investigation and found no prejudice to Smith. Lastly, the court found no prosecutorial misconduct, as the statements made by the prosecutor were not improper, and any errors in testimony were corrected during the trial.The Tenth Circuit affirmed Smith's convictions, concluding that the evidence was sufficient, the juror misconduct was properly addressed, and there was no prosecutorial misconduct affecting the trial's fairness. View "United States v. Smith" on Justia Law

Bruce Holder was accused of running a fentanyl distribution ring in western Colorado, distributing thousands of counterfeit pills resembling oxycodone. He was convicted of four federal drug crimes, including charges related to the death and serious injury of buyers of his product. Holder challenged the constitutionality of his trial, arguing that the district court’s COVID-19 protocols violated his right to a public trial, that the jury pool unreasonably underrepresented certain racial groups, that several counts were constructively amended at trial, and that the evidence was insufficient to support the jury’s finding that his fentanyl distribution resulted in a victim’s death.The United States District Court for the District of Colorado imposed COVID-19 protocols, including social distancing, mask-wearing, and limited public access to the courtroom. Holder objected to these protocols, particularly the lack of video access and the limited public attendance. The jury convicted Holder on all four counts.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court found that the district court’s COVID-19 protocols did not violate Holder’s public trial rights, as the partial closure of the courtroom was justified by the substantial interest in protecting public health. The court also found no unreasonable racial disparity in the jury pool, as the absolute and comparative disparities were within acceptable limits. Additionally, the court determined that the indictment was not constructively amended, as the jury instructions did not alter the essential elements of the charges. Finally, the court held that there was sufficient evidence to support the jury’s finding that Holder’s fentanyl distribution resulted in a victim’s death.The Tenth Circuit affirmed Holder’s conviction. View "United States v. Holder" on Justia Law

Dedric Mayfield, a felon, was convicted by a jury of possessing ammunition in violation of 18 U.S.C. § 922(g)(1) after being recorded by a police-operated camera firing a handgun during an altercation. Mayfield had five prior adult felony convictions. Before trial, he did not stipulate to the authenticity or admissibility of any government exhibits. When the camera operator became unavailable for trial, Mayfield volunteered to stipulate to the authenticity and admissibility of the footage, allowing a detective to testify about it. The district court denied the government's motion for a continuance and instructed Mayfield to stipulate to the authenticity and admissibility of exhibits unless he had a good-faith basis not to do so. Mayfield stipulated to some exhibits, and the jury found him guilty. He was sentenced to 120 months in prison.The United States District Court for the District of Colorado handled the initial trial. Mayfield did not object to the district court's instructions regarding stipulations during the trial. He later argued that these instructions violated his Sixth Amendment fair-trial and Fourteenth Amendment due-process rights by coercing his counsel into stipulating to the government's evidence, thus depriving him of a fair trial.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court assumed without deciding that the district court's instructions were erroneous but found that Mayfield failed to demonstrate a reasonable probability that the outcome of the trial would have been different but for the error. The court also rejected Mayfield's argument that 18 U.S.C. § 922(g)(1) is facially unconstitutional under the Second Amendment, citing precedent that upheld the statute's constitutionality. The Tenth Circuit affirmed the district court's decision. View "United States v. Mayfield" on Justia Law