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

In 2002, an individual disappeared from her home in Ada, Oklahoma, and her ex-boyfriend quickly became a suspect. Evidence implicating him included his presence at her home, strange phone calls to her family, and physical injuries. Law enforcement discovered blood in his car and house, and, after consulting with his attorney, he led officers to the woman’s body, which was buried and showed signs of gunshot wounds. He subsequently pleaded guilty to murder in Oklahoma state court and was sentenced to life without parole.Many years later, following the Supreme Court’s ruling in McGirt v. Oklahoma, which clarified that certain areas in Oklahoma are Indian country and subject to federal—not state—jurisdiction for major crimes involving Native Americans, the state court vacated his conviction. As a member of a federally recognized tribe and with the crime occurring within the Chickasaw Nation Reservation, only the federal government could prosecute him. A federal grand jury indicted him for murder in Indian country and for causing death while violating federal firearm statutes. The United States District Court for the Eastern District of Oklahoma dismissed one firearm count as time-barred, and a jury convicted him on the remaining counts.On appeal, the United States Court of Appeals for the Tenth Circuit considered three main arguments: (1) alleged failures in the jury selection process under the Jury Selection and Service Act, (2) denial of a motion to suppress statements about the location of the victim’s body, and (3) denial of a motion to compel disclosure of communications between the government and former defense counsel. The Tenth Circuit held that the defendant failed to comply with the procedural requirements for challenging jury selection, that Rule 410 of the Federal Rules of Evidence did not apply to his statements to law enforcement, and that any error in denying document disclosure was harmless. The convictions were affirmed. View "United States v. Mullins" on Justia Law

The defendant was charged in federal court with possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B). He pleaded guilty. At sentencing, a dispute arose over whether he was subject to a ten-year mandatory minimum sentence based on a prior conviction under California Penal Code § 311.11, which criminalizes possession of images depicting a minor “personally engaging in or simulating sexual conduct.” The defendant argued that the California statute was broader than the federal definition of child pornography and therefore should not trigger the federal mandatory minimum.The United States District Court for the District of Wyoming agreed with the government and found that the prior California conviction qualified as a predicate offense, applying the ten-year mandatory minimum sentence required by 18 U.S.C. § 2252A(b)(2). The defendant appealed this decision.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s application of the mandatory minimum sentence de novo. Employing the categorical approach, the appellate court examined whether the elements of the California offense categorically matched the federal generic offense of possession of child pornography. The Tenth Circuit concluded that California Penal Code § 311.11, as interpreted by the California Supreme Court, criminalizes conduct such as “any touching” with sexual intent, which can include nonexplicit, nonsexual images far removed from the federal definition of child pornography. Because the California statute sweeps more broadly than the federal generic offense, the prior conviction does not qualify as a predicate offense under § 2252A(b)(2).The Tenth Circuit held that the mandatory minimum sentence was improperly applied and therefore vacated the defendant’s sentence, remanding the case for resentencing. View "United States v. Griffin" on Justia Law

Two cousins alleged that the defendant lured them into his trailer with candy and sexually abused them when they were young children. As a result, he was charged with two counts of engaging in a sexual act with a minor under twelve years old, allegedly occurring on the Jicarilla Apache Reservation. The indictment specified that the victims were Indian and that the defendant was a non-Indian, as required for federal jurisdiction under the applicable statutes.The United States District Court for the District of New Mexico presided over the trial. The government sought to prove the defendant’s non-Indian status primarily through the testimony of two law enforcement witnesses, who based their conclusions on reviews of various databases and documents. No direct genealogical or enrollment evidence was introduced. At the close of the government’s case, the defendant moved for acquittal under Rule 29, arguing that the government had failed to prove his non-Indian status. The district court denied the motion, relying on the witnesses’ testimonies. The jury convicted the defendant on one count, and he was sentenced to thirty years in prison.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the government had presented sufficient evidence that the defendant was a non-Indian. Applying de novo review, the court found that the government’s evidence was inadequate to establish non-Indian status beyond a reasonable doubt, as required by circuit precedent. The court held that, because non-Indian status is an essential element of the charged crime under 18 U.S.C. § 1152 in the Tenth Circuit, the conviction could not stand without such proof. Accordingly, the Tenth Circuit vacated the conviction and remanded the case for further proceedings. View "United States v. Ruiz" on Justia Law

The defendant faced fourteen serious federal charges, including multiple counts related to methamphetamine distribution and a firearms offense, which exposed him to the possibility of life imprisonment and asset forfeiture. He, his attorney, and the government negotiated a plea agreement under which the defendant would plead guilty to a single count of methamphetamine distribution in exchange for dismissal of the remaining charges. However, at the scheduled change-of-plea hearing, the defendant hesitated and expressed a need for further information before deciding to enter a guilty plea. His attorney, citing a breakdown in their relationship, requested to withdraw from the case.The United States District Court for the District of Kansas held an ex parte discussion with the defendant and his attorney to address the attorney’s request. During this conversation, the court explained possible consequences if the attorney withdrew, including potential delays and the government’s ability to withdraw its plea offer. The defendant ultimately decided to proceed with the plea agreement. The district court then conducted the plea colloquy but failed to explicitly inform the defendant of his right to appointed counsel if he could not afford one, as required by Federal Rule of Criminal Procedure 11(b)(1)(D). The defendant did not object to this omission at the time.On appeal, the United States Court of Appeals for the Tenth Circuit considered whether the district court improperly participated in plea negotiations and whether the failure to explicitly advise the defendant of his right to appointed counsel warranted reversal. The Tenth Circuit held that the district court did not participate in plea negotiations by merely advising the defendant about the status of the plea offer and available options regarding representation. The court further held that the omission regarding the right to appointed counsel did not affect the defendant’s substantial rights because he had previously been informed of this right and demonstrated an understanding of it. The conviction was affirmed. View "United States v. Eckstein" on Justia Law

A group of individuals was involved in drug-related activities at a house in Kansas City, Kansas, with Brandon West operating as a seller and user of methamphetamine supplied by his cousin David Carr, who sourced the drugs from James Poterbin. On April 18, 2019, after a drug purchase went awry and money was lost, West contacted Carr and Poterbin, believing that Mariah Vieni had stolen drug proceeds. Vieni’s boyfriend, D.B., was held at the house and, upon Carr and Poterbin’s arrival, was subjected to violence including beating, stabbing, and being shot. The incident led to federal charges against several participants, including Poterbin.The United States District Court for the District of Kansas tried Poterbin alongside Carr. The jury convicted Poterbin on all counts: conspiracy to distribute and possess methamphetamine, kidnapping, and using a firearm in furtherance of a drug-trafficking crime. The district court sentenced him to a total of 480 months' imprisonment and five years of supervised release. Poterbin challenged his convictions and sentence on appeal, raising arguments about the admission of certain evidence, sufficiency of the evidence, and procedural reasonableness of his sentence, among other issues.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that any error in admitting evidence under Federal Rule of Evidence 404(b) regarding Poterbin’s post-conspiracy drug sales was harmless, given the overwhelming evidence of guilt and limiting instructions provided to the jury. The court found sufficient evidence supporting all convictions, rejected arguments regarding the credibility of witnesses, and determined that the district court’s application of sentencing enhancements did not amount to plain error. The court dismissed Poterbin’s ineffective assistance of counsel claims without prejudice, allowing them to be raised in a collateral proceeding. Ultimately, the Tenth Circuit affirmed Poterbin’s convictions and sentence. View "United States v. Poterbin" on Justia Law

The case centers on Brett Dewayne Cole, who was charged with three counts stemming from allegations of sexual abuse against his stepdaughter, K.Z., a member of the Choctaw tribe. In May 2019, K.Z., then ten years old, disclosed to school personnel and a nurse examiner that Cole had sexually assaulted her on multiple occasions at their family home, including acts of touching and oral and anal penetration. Cole denied any inappropriate conduct. During trial, the government sought to introduce testimony from three witnesses—Cole’s half-sister, half-brother, and stepcousin—about prior instances in which Cole allegedly molested them as children, with these incidents occurring when Cole himself was a juvenile.The United States District Court for the Eastern District of Oklahoma presided over Cole’s case. At the first trial in January 2023, evidence of Cole’s prior acts as a juvenile was admitted over his belated objection, but the jury failed to reach a verdict and a mistrial was declared. In a second trial held in March 2023, similar evidence was presented, and the jury convicted Cole on all counts. Cole appealed, arguing that Federal Rule of Evidence 414 did not permit admission of the prior acts because he was a juvenile at the time, and that the evidence’s prejudicial effect outweighed its probative value.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s evidentiary rulings for abuse of discretion. The appellate court held that acts of child molestation committed as a juvenile qualify as “crimes” under Rule 414 and are admissible. It further found that the district court properly balanced the probative value against any prejudicial impact and did not abuse its discretion. The Tenth Circuit affirmed Cole’s conviction. View "United States v. Cole" on Justia Law

In this case, the defendant was involved in a violent incident that began as a fistfight between two groups at an apartment complex in Oklahoma and escalated into a gunfight. The defendant, who was present with an AK-47, fired more than twenty rounds into a crowd after shots were fired by others, resulting in the death of a bystander, Larintino Scales. Evidence at trial included various eyewitness accounts, forensic analysis, and expert testimony regarding bullet trajectories. The defendant was charged with several offenses, including voluntary manslaughter and being a felon in possession of a firearm.The United States District Court for the Eastern District of Oklahoma presided over the trial. The jury convicted the defendant of voluntary manslaughter and felon in possession, but acquitted him of other charges. The district court denied a pretrial motion alleging bad-faith destruction of potentially exculpatory evidence, allowed expert testimony on bullet trajectories, and overruled objections to the prosecutor’s closing argument regarding self-defense. The court departed upward from the Sentencing Guidelines, imposing the statutory maximum sentence of fifteen years.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the defendant’s challenges to his conviction and sentence. The court held that the district court did not clearly err in finding that the late-discovered bullet fragment lacked potentially exculpatory value. Any error in the admission of the government’s expert testimony was found to be harmless, and the expert was deemed qualified. The prosecutor’s closing statements were not found to misstate the law of self-defense. Finally, the appellate court concluded the sentence was substantively reasonable, as the district court adequately considered relevant sentencing factors and the seriousness of the offense. The Tenth Circuit affirmed the conviction and sentence. View "United States v. Holt" on Justia Law

Law enforcement officers with the Kansas Highway Patrol observed a black Jeep Grand Cherokee traveling eastbound on I-70 with a temporary registration tag that appeared to be unsecured and “flapping or blowing up,” rather than lying flat against the vehicle. The officers believed this constituted a violation of Kansas law regarding license plate attachment. Upon stopping the vehicle, they noted the driver, Miguel Munoz, appeared abnormally nervous and immediately volunteered that he and his wife were traveling to a funeral in Kansas, providing vague details. During the stop, an officer also noticed an image of Jesus Malverde, which the officers associated with drug trafficking, hanging inside the Jeep. After further questioning, Munoz consented to a search, leading to the discovery of fentanyl tablets and a firearm.Munoz was charged in the United States District Court for the District of Colorado with conspiracy to distribute and possess with intent to distribute controlled substances. He moved to suppress the evidence obtained from the traffic stop, arguing that the stop was not justified at its inception and was unreasonably extended. The district court held a suppression hearing, found the officers’ testimony credible, and denied the motion. The court concluded the stop was justified by reasonable suspicion of a violation of Kansas Statutes Annotated § 8-133(c) (requiring license plates to be securely fastened) and that the officers had reasonable suspicion to briefly extend the stop based on Munoz’s conduct and the items observed.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s findings for clear error and legal conclusions de novo. The appellate court held that the initial stop was justified by reasonable suspicion of a violation of § 8-133(c), as interpreted by the Kansas Supreme Court, and that the extension of the stop was supported by reasonable suspicion of criminal activity. The Tenth Circuit affirmed the district court’s denial of Munoz’s motion to suppress and his conviction and sentence. View "United States v. Munoz" on Justia Law

Jose Antonio Duque-Ramirez, born in Mexico, entered the United States unlawfully as a child and lived in Oklahoma City for over two decades. He married a U.S. citizen, has U.S.-citizen children, and attempted but failed to adjust his immigration status through various legal avenues. In October 2023, he was stopped by law enforcement while driving with security gear and firearms in his vehicle. He was found to be unlawfully present in the U.S. and subsequently indicted for violating 18 U.S.C. § 922(g)(5)(A), which prohibits firearm possession by noncitizens unlawfully in the country.The United States District Court for the Western District of Oklahoma first rejected his facial challenge to the statute, assuming without deciding that he was among “the people” protected by the Second Amendment. After pleading guilty, withdrawing his plea, and raising a new as-applied Second Amendment challenge (relying on recent Supreme Court precedent, including United States v. Rahimi), the district court again denied his motion to dismiss, reasoning that historical laws supported disarming those who had not demonstrated allegiance to the sovereign.The United States Court of Appeals for the Tenth Circuit reviewed the case. The Tenth Circuit assumed, without deciding, that Duque-Ramirez was among those protected by the Second Amendment. Applying the framework from New York State Rifle & Pistol Ass’n v. Bruen and Rahimi, the court held that § 922(g)(5)(A) is consistent with the nation’s historical tradition of firearm regulation, specifically citing founding-era laws that disarmed persons who had not demonstrated allegiance. The court concluded that an individualized determination of dangerousness was not required and affirmed the conviction, rejecting Duque-Ramirez’s as-applied Second Amendment challenge. View "United States v. Duque-Ramirez" on Justia Law

The defendant was involved in a motorcycle accident in Oklahoma with his girlfriend as a passenger. After socializing with friends and drinking alcohol, and possibly vaping marijuana, he drove his motorcycle at or below the speed limit but lost control on a dark, shoulderless road, resulting in a crash that caused his girlfriend’s death. At the scene, law enforcement observed signs of possible intoxication, such as the odor of alcohol and bloodshot eyes, and administered sobriety tests. The defendant’s blood sample, taken shortly after the accident, revealed a blood alcohol level below the legal limit and the presence of other substances, but the forensic toxicologist could not definitively state whether he was impaired at the time.A grand jury in the United States District Court for the Eastern District of Oklahoma indicted the defendant for involuntary manslaughter in Indian Country, predicated on violating the Oklahoma misdemeanor DUI statute for driving under the combined influence of alcohol and other intoxicants. At trial, the jury was instructed using the Oklahoma statutory language but, during deliberations, asked the court to clarify whether “under the influence” required mere presence of substances or actual impairment rendering the defendant incapable of safe driving. The district court declined to clarify, instructing the jury to rely on the given instructions. Shortly after, the jury convicted the defendant, and the court imposed a sentence of forty-one months in prison.Upon appeal, the United States Court of Appeals for the Tenth Circuit held that the district court abused its discretion by failing to provide a clarifying supplemental instruction in response to the jury’s explicit legal uncertainty. The appellate court found this error was not harmless because it likely affected the verdict, given the jury’s demonstrated confusion about the correct legal standard. The court vacated the conviction and remanded for further proceedings. View "United States v. Kirby" on Justia Law