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

Police stopped a car driven by a man with his girlfriend as a passenger due to traffic violations. The car was registered to the girlfriend, who was cooperative and provided valid documentation. The officers learned the driver was a recently released felon with gang ties and outstanding warrants, while the girlfriend had no criminal history or warrants. After arresting and handcuffing the driver, officers removed the girlfriend from the car, patted her down, and detained her. The officers then conducted a “protective sweep” of the car, discovering a loaded handgun and ammunition under the driver’s seat.The United States District Court for the District of Colorado denied the defendant’s motion to suppress the evidence found during the sweep. The district court concluded that the officers had reasonable suspicion that the girlfriend-passenger was armed and dangerous, relying on her romantic relationship with the driver, who was associated with a gang and being arrested.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s denial of suppression de novo. The Tenth Circuit held that the protective sweep of the car was unreasonable under the Fourth Amendment. The court emphasized that reasonable suspicion must be based on the totality of the circumstances and cannot rely solely on a passenger’s association with a suspect. Here, the girlfriend was calm, cooperative, and not suspected of any crime. The court found that her romantic relationship with the driver did not justify a finding that she was armed and dangerous. The Tenth Circuit reversed the district court’s denial of suppression, vacated the conviction, and remanded for further proceedings. View "United States v. Williams" on Justia Law

A noncitizen defendant, who had lived in Colorado since childhood and was granted relief under the Deferred Action for Childhood Arrivals (DACA) program, was arrested and charged with possessing heroin with intent to distribute after police found 16 pounds of heroin during a stop in Utah. The defendant was concerned about the potential immigration consequences of a guilty plea and repeatedly asked his retained counsel for advice. Counsel told him he could not advise on immigration matters and that the defendant should not worry about deportation until after he was in prison, suggesting he could seek immigration counsel at that time. The plea agreement stated only that the defendant “may” be removed from the United States if not a citizen. Relying on this advice, the defendant pleaded guilty.After sentencing, the defendant filed a motion under 28 U.S.C. § 2255 in the United States District Court for the District of Utah, arguing that his counsel provided ineffective assistance by failing to properly advise him of the automatic immigration consequences of his plea, as required by Padilla v. Kentucky, 559 U.S. 356 (2010). The district court denied the motion, finding that the defendant was sufficiently advised of a risk of deportation and that this met constitutional requirements. The court did not reach the question of prejudice.On appeal, the United States Court of Appeals for the Tenth Circuit reversed. The court held that, under Padilla, when the immigration consequences of a conviction are clear—as they are for a federal controlled substance offense—counsel must provide clear advice that deportation will be “automatic,” “presumptively mandatory,” or “practically inevitable.” The court found the defendant’s counsel failed to do so and provided misleading advice. The Tenth Circuit remanded the case for further proceedings on whether the defendant was prejudiced by counsel’s deficient performance. View "United States v. Aguayo-Montes" on Justia Law

Border Patrol officers apprehended the defendant, a Mexican citizen, near Sunland Park, New Mexico. He admitted to being in the United States without authorization. The government charged him with illegal reentry after removal, under 8 U.S.C. §§ 1326(a) and (b). The defendant had previously been deported multiple times since 2008 and had three prior convictions for illegal reentry between 2011 and 2014. He also had a conviction for animal cruelty after killing a young horse in 2013 and a history of law enforcement encounters involving allegations such as domestic violence and substance offenses, though not all resulted in convictions.The United States District Court for the District of New Mexico presided over the case. The defendant entered a fast-track plea agreement, resulting in a calculated sentencing guideline range of four to ten months, or without the fast-track plea, eight to fourteen months. Before sentencing, the district court indicated a possible upward variance. During the hearing, the government sought a high-end sentence, and the defendant asked for twelve to eighteen months, but no more than twenty-four months. The district court rejected the plea agreement, allowed the defendant to proceed, and ultimately imposed a twenty-four-month sentence, citing the defendant’s repeated illegal entries, criminal history, and the animal cruelty conviction. The district court gave a detailed explanation referencing the § 3553(a) sentencing factors.On appeal, before the United States Court of Appeals for the Tenth Circuit, the defendant challenged the substantive reasonableness of his sentence, arguing the district court lacked compelling justification for the upward variance and that the sentence created unwarranted disparities. The Tenth Circuit held that the district court did not abuse its discretion, found the detailed explanation sufficient, and concluded the upward variance was justified in light of the defendant’s history and the § 3553(a) factors. The court affirmed the sentence. View "United States v. Zamora-Guerra" on Justia Law

A bank robbery occurred at City National Bank in Oklahoma City on November 7, 2022. During the incident, two eyewitnesses—a teller and a customer—testified that the robber brandished what appeared to be a real firearm, describing it as a “Glock” or “Glock-like handgun.” Surveillance video supported their accounts, but law enforcement did not recover the weapon. The defendant, Akin Wofford, was charged with armed bank robbery and with possessing and brandishing a firearm in furtherance of a crime of violence.The case was tried in the United States District Court for the Western District of Oklahoma. At trial, the government relied on eyewitness testimony and video evidence to prove the existence of a firearm. The jury was instructed, without objection, that the government did not need to produce the actual weapon and that “witness identification of the weapon as a firearm is sufficient.” The jury convicted the defendant on both counts.On appeal to the United States Court of Appeals for the Tenth Circuit, the defendant argued that the jury instruction on Count Two violated his Fifth and Sixth Amendment rights by relieving the government of its burden to prove beyond a reasonable doubt that he possessed and brandished a “firearm.” The Tenth Circuit reviewed the claim for plain error because no objection was raised at trial. The court held that, when read as a whole, the instructions did not misstate the law or mislead the jury, and that the challenged instruction did not direct the jury to automatically accept witness testimony as sufficient. The Tenth Circuit concluded there was no plain error and affirmed the conviction in full. View "United States v. Wofford" on Justia Law

The petitioner was convicted in Oklahoma state court of several serious crimes, including first-degree rape of a child under fourteen, forcible sodomy, lewd or indecent acts to a minor, rape by instrumentation, and commission of a lewd act in front of a minor. He asserted membership in the Kickapoo Tribe and claimed the crimes occurred in Indian country, which would affect the state court’s jurisdiction. The specific area in question was formerly part of the Citizen Potawatomi reservation.After conviction, the petitioner challenged the state court’s jurisdiction in the Oklahoma state courts, raising various arguments about the land’s status. He also brought claims of ineffective assistance of counsel, denial of due process, and violations of federal law. The Oklahoma Court of Criminal Appeals rejected his jurisdictional arguments and other claims. He then sought habeas relief in the United States District Court for the Western District of Oklahoma.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that Congress had clearly disestablished the Citizen Potawatomi reservation in 1891, citing statutory language and Supreme Court precedent. The court found that the petitioner had waived arguments regarding the land as a dependent Indian community or an Indian allotment by failing to properly preserve those claims. Additionally, the court determined that the petitioner’s other claims (including those alleging violations of the Indian Child Welfare Act, ineffective assistance, improper questioning, and due process violations) were procedurally barred as they had not been properly exhausted in state court and did not meet the requirements for overcoming an anticipatory procedural bar. The Tenth Circuit affirmed the district court’s denial of habeas relief. View "Wahpekeche v. Pettigrew" on Justia Law

After a road-rage incident in which a firearm was allegedly discharged, law enforcement investigated and tied the suspect to a residence using law enforcement databases, vehicle registration information, and visual surveillance. The police observed a vehicle matching the description from the incident parked at a house on West Iliff Lane, saw the suspect washing the car in the driveway, and watched him enter and exit the house. These observations occurred several weeks after the incident. Officers obtained a search warrant for the house and vehicle based on an affidavit summarizing the investigation and linking the suspect to the location. Execution of the warrant resulted in the discovery of firearms, ammunition, and controlled substances, leading to charges for drug offenses and possession of a firearm by a felon.The United States District Court for the District of Colorado denied the defendant’s motion to suppress the evidence, finding that the search warrant was supported by probable cause. The defendant pleaded guilty but preserved his right to appeal the suppression ruling. On appeal to the United States Court of Appeals for the Tenth Circuit, the defendant argued that the affidavit supporting the warrant failed to establish a sufficient nexus between the alleged offense and the residence and challenged the constitutionality of 18 U.S.C. § 922(g)(1) under the Second Amendment.The United States Court of Appeals for the Tenth Circuit concluded that the affidavit provided a substantial basis for finding probable cause, as law enforcement’s observations and the suspect’s connection to the residence justified the search. The court also held that the Second Amendment challenge to § 922(g)(1) was foreclosed by binding Tenth Circuit precedent. The judgment of the district court was affirmed. View "United States v. Becker" on Justia Law

A man was indicted and tried for three counts of abusive sexual contact involving his niece, who was twelve years old at the time and lived with her grandmother, sisters, and several uncles, including the defendant. The charges stemmed from two incidents in which the niece reported that her uncle had touched her inappropriately on multiple parts of her body. At trial, the niece testified in detail about the first incident, describing how the defendant entered her room, massaged her back, and then touched her buttocks, breasts (over her bra), and genital area (over her clothes). She also described a second incident, but the defendant was acquitted of the charge relating to that event.A federal grand jury returned a superseding indictment charging the defendant with three counts, but the jury convicted him only on two counts—one for touching the genitalia and one for touching the breasts during the first incident. The United States District Court for the District of New Mexico denied the defendant’s post-trial motions for judgment of acquittal and to merge the two convictions, finding sufficient evidence for the convictions and holding that each touching constituted a separate offense under the statute.Upon appeal, the United States Court of Appeals for the Tenth Circuit reviewed de novo the questions of multiplicity under the Double Jeopardy Clause and sufficiency of the evidence. The court held that the convictions were not multiplicitous because the relevant statute, 18 U.S.C. §§ 2244(a)(3) and 2246(3), defines abusive sexual contact as a separate-act offense, allowing for separate punishment for each intentional touching of an enumerated body part. The court also determined that sufficient evidence supported the jury’s verdict, as a rational juror could find the requisite sexual intent based on the victim’s testimony. The judgment of conviction was affirmed. View "United States v. Aguilar" on Justia Law

The case involves a defendant who, while guarding a cache of drugs and money, opened fire on law enforcement officers, wounding one but not fatally due to protective gear. He was indicted by a federal grand jury on several charges, including attempted murder of federal officers and using a firearm during a crime of violence under 18 U.S.C. § 924(c). Under a plea agreement, he pleaded guilty to two counts of attempted murder, one § 924(c) count (with attempted murder as the predicate crime of violence), and a firearm possession charge, waiving most rights to appeal or collaterally attack his conviction. In exchange, the government dropped other charges and agreed not to prosecute his son.After his conviction, the defendant pursued multiple post-conviction relief motions under 28 U.S.C. § 2255, all unsuccessful. Following the Supreme Court’s decision in United States v. Davis, which invalidated the “residual clause” of § 924(c)’s definition of “crime of violence” as unconstitutionally vague, he sought authorization to file a successive § 2255 motion. The United States Court of Appeals for the Tenth Circuit granted authorization, and the District of Utah considered the merits. The district court denied relief, concluding the plea waiver barred relief and, alternatively, that the defendant failed to show the sentencing court relied on the residual clause.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the denial of the § 2255 motion. The court held that the defendant did not prove by a preponderance of the evidence that the sentencing court relied on the now-invalid residual clause when applying § 924(c). The court further affirmed that attempted murder qualifies as a “crime of violence” under the still-valid “elements clause” of § 924(c). The Tenth Circuit affirmed the district court’s denial of post-conviction relief. View "United States v. Sandoval-Flores" on Justia Law

The defendant orchestrated a fraudulent scheme to secure loans and investments, ostensibly to finance a truck stop in Deming, New Mexico. The operation involved multiple domestic and foreign corporations, and the defendant concealed his control and financial interest in the truck stop using aliases and shell companies. Funds obtained through fraud were not used as promised, and the defendant misled lenders and investors regarding his identity and financial history. The scheme also involved directing loan proceeds to offshore accounts beneficially owned by his girlfriend, and leveraging personal relationships to facilitate aspects of the fraud.The United States District Court for the District of New Mexico presided over a jury trial in which the defendant was convicted of bank fraud, wire fraud, and conspiracy to commit bank, mail, and wire fraud. The district court admitted evidence showing the defendant’s control over the scheme, including his direction of a confederate to engage in a sham marriage, his ties and travel to Central American countries, and the distribution of loan proceeds to an offshore company owned by his girlfriend. The court sentenced the defendant to 210 months’ imprisonment, applying enhancements for being a leader of extensive criminal activity and for employing sophisticated means.The United States Court of Appeals for the Tenth Circuit reviewed the conviction and sentence. The court rejected the defendant’s challenges to the district court’s evidentiary rulings, finding no abuse of discretion in admitting evidence of control, foreign ties, and financial distributions. The court affirmed the application of guideline enhancements for leadership and sophisticated means, and found the sentence substantively reasonable despite disparity with a codefendant, due to greater culpability and aggravating factors. The court affirmed the district court’s judgment and granted the defendant’s request to supplement the record. View "United States v. Beckner" on Justia Law

Christopher Singer, a previously convicted felon, was investigated in connection with a drive-by shooting in Oklahoma City. Police found spent and live ammunition in his possession, leading to federal charges for being a felon in possession of ammunition. Singer pleaded guilty to this charge. At sentencing, the United States Probation Office presented a report noting Singer’s three prior Oklahoma state convictions: two for assault and battery with a dangerous weapon under Okla. Stat. tit. 21, § 645, and one for robbery with a firearm.The United States District Court for the Western District of Oklahoma reviewed Singer’s objections to the presentence investigation report. Singer argued that his prior convictions under § 645 should not be classified as categorical crimes of violence for purposes of the United States Sentencing Guidelines or as violent felonies under the Armed Career Criminal Act (ACCA), because the statute could apply to assaults against unborn victims, which federal law does not include in its definitions of “crime of violence.” The district court, relying on prior Tenth Circuit precedent in United States v. Taylor, overruled Singer’s objection, determined the convictions qualified under both the Guidelines and ACCA, and sentenced Singer to 180 months, the mandatory minimum under ACCA.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the sentencing determination de novo. The court concluded that Oklahoma’s § 645 does criminalize assault and battery with a dangerous weapon against unborn persons. Guided by its own precedent, notably United States v. Adams, the Tenth Circuit held that because federal law excludes crimes against unborn persons from its definition of “crime of violence,” Singer’s prior convictions under § 645 do not categorically qualify as such under the Guidelines or ACCA. The Tenth Circuit reversed the district court’s sentencing decision and remanded for resentencing consistent with this ruling. View "United States v. Singer" on Justia Law