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

A man was charged with aggravated sexual abuse of a minor that occurred in a home on the Choctaw Nation reservation in Oklahoma. The victim was a six-year-old boy, and the defendant, who had recently moved in with his stepdaughter, was alleged to have committed the offense within two days of his arrival. The prosecution charged the defendant under federal law, which required proof that the victim was an Indian and the defendant was a non-Indian.The United States District Court for the Eastern District of Oklahoma presided over the trial. The government presented testimony from the defendant’s stepdaughter and three law enforcement officers, as well as driver’s license records, to establish that the defendant was not an Indian. The stepdaughter testified she did not know of any tribal membership or Indian identity for the defendant. Law enforcement witnesses stated the defendant did not identify as Native American and that inquiries with five major Oklahoma tribes yielded no information about his tribal status. The defendant moved for a judgment of acquittal under Rule 29, arguing the evidence was insufficient to prove he was a non-Indian. The district court denied the motion, and the jury convicted the defendant, resulting in a 30-year prison sentence.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the evidence was sufficient to prove beyond a reasonable doubt that the defendant was a non-Indian, as required by 18 U.S.C. § 1152. The court held that the government failed to meet its burden, finding the evidence presented was too speculative and insufficient to establish the defendant’s non-Indian status. The Tenth Circuit vacated the conviction and remanded the case to the district court with instructions to enter a judgment of acquittal. View "United States v. Hebert" on Justia Law

In 2003, the defendant was convicted by a jury of armed bank robbery in federal court. At sentencing, the government sought a mandatory life sentence under the federal “three strikes” law, 18 U.S.C. § 3559(c), which requires a life sentence for certain repeat offenders convicted of “serious violent felonies.” The government identified five prior convictions it argued qualified as “serious violent felonies.” The district court imposed a life sentence, finding the defendant had three qualifying strikes, but did not specify which prior convictions or which statutory definitions it relied upon.The United States Court of Appeals for the Tenth Circuit previously affirmed the conviction and sentence on direct appeal. The defendant’s first motion for collateral relief under 28 U.S.C. § 2255 was denied by the United States District Court for the District of Utah, and that denial was affirmed on appeal. In 2020, the Tenth Circuit authorized the defendant to file a second or successive § 2255 motion, based on recent Supreme Court decisions finding similar statutory “residual clauses” unconstitutionally vague. The defendant argued that his life sentence was imposed under the residual clause of § 3559(c), which he claimed was unconstitutional.Reviewing the district court’s denial of relief de novo, the United States Court of Appeals for the Tenth Circuit held that the defendant failed to prove by a preponderance of the evidence that the sentencing court relied on the residual clause to enhance his sentence. The court found that, at the time of sentencing, the legal environment permitted the use of a circumstance-specific approach, allowing the defendant’s California robbery conviction to qualify as a strike under the enumerated clause. As a result, the defendant did not meet the burden required for relief under § 2255. The Tenth Circuit affirmed the district court’s denial of the motion. View "United States v. Cooper" on Justia Law

Over a fourteen-month period, the defendant and his wife engaged in a scheme to purchase seven high-end used vehicles from Kansas dealerships, financing the purchases with bank loans obtained through fraudulent misrepresentations on loan applications. After acquiring the vehicles, they altered title documents to remove the banks’ liens, enabling them to obtain false clear titles. These clear titles were then used to either sell the vehicles or secure title loans for cash. The defendant made few or no payments on the original car loans, and the fraudulent activity involved both Kansas and Georgia vehicle registrations.The United States District Court for the District of Kansas initially indicted both the defendant and his wife on seventeen counts, including conspiracy, bank fraud, wire fraud, and money laundering. The court severed the wife’s case after she agreed to testify against the defendant in exchange for dismissal of her charges, though she ultimately did not testify. At trial, the government dismissed one count and renumbered the remaining charges. The jury convicted the defendant on all sixteen counts, and the district court imposed concurrent forty-six-month sentences. After sentencing, the government dismissed all charges against the wife.On direct appeal, the United States Court of Appeals for the Tenth Circuit reviewed the sufficiency of the evidence for seven of the defendant’s convictions. The court reversed the bank fraud conviction on Count 2, finding no evidence that the defendant aided or abetted his wife’s fraudulent loan. It also reversed the wire fraud conviction on Count 9 due to insufficient proof of the interstate commerce element. However, the court affirmed the money laundering convictions on Counts 12 through 16, concluding that sufficient evidence supported the finding that the defendant’s transactions were designed, at least in part, to conceal or disguise the proceeds of bank fraud. The case was remanded for resentencing. View "United States v. Cunningham" on Justia Law

While serving a federal sentence in Bureau of Prisons custody, the defendant was temporarily housed at a federal facility in Oklahoma. There, he used a distress alarm to summon a correctional officer and, when the officer arrived, exposed himself and masturbated in view of the officer through his cell door window. This was not the first such incident; the defendant had previously been disciplined for similar acts of public masturbation on four occasions at another federal prison. The government charged him with indecent exposure under Oklahoma law, assimilated through federal law.The United States District Court for the Western District of Oklahoma presided over the case. Before trial, the government sought to introduce evidence of the defendant’s prior acts, including disciplinary logs and incident reports, to show intent, knowledge, and lack of mistake. The district court conducted the required analysis and admitted the logs and incident reports under the business records exception to the hearsay rule, and after balancing probative value against prejudicial effect. The first trial ended in a mistrial, but at retrial, the evidence was again admitted, and the jury convicted the defendant. The district court sentenced him to three years’ imprisonment.On appeal to the United States Court of Appeals for the Tenth Circuit, the defendant challenged the admission of the prior-acts evidence and the procedural reasonableness of his sentence. The Tenth Circuit held that the defendant had waived his argument under Federal Rule of Evidence 404(b) and forfeited his argument under Rule 803(6), and that the district court did not abuse its discretion in admitting the evidence under Rule 403. The court also found no plain error in admitting the evidence as business records and concluded that the district court properly applied the sentencing factors under 18 U.S.C. § 3553(a)(6). The Tenth Circuit affirmed the conviction and sentence. View "United States v. Johnson" on Justia Law

The case concerns a defendant who, after years of being teased and picked on by his housemates, fatally stabbed one of them during a night of drinking and verbal taunting. The defendant, a member of the Choctaw Nation, lived with several relatives in Oklahoma. On the night in question, the group engaged in typical banter and name-calling, with the victim and another housemate calling the defendant derogatory names, including in the Choctaw language. After retreating to his room, the defendant emerged with a knife, confronted the victim, and, following a struggle, stabbed him multiple times, resulting in the victim’s death. The defendant admitted to the stabbing during a 9-1-1 call, expressing remorse and attributing his actions to the ongoing verbal abuse.The United States District Court for the Eastern District of Oklahoma presided over the trial. The defendant did not dispute that he killed the victim but argued that he acted in the heat of passion, seeking a conviction for voluntary manslaughter rather than first-degree murder. The district court, over the government’s objection, instructed the jury on the lesser-included offense of voluntary manslaughter. At the government’s request, and over the defendant’s objection, the court also instructed the jury that “words alone” cannot negate malice aforethought and create heat of passion. The jury convicted the defendant of first-degree murder.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the “words alone” instruction was legally correct and whether it improperly affected the jury’s deliberations. The court held that the instruction accurately reflected longstanding legal principles: mere words, no matter how aggravating or insulting, are insufficient as a matter of law to constitute adequate provocation for heat of passion manslaughter under federal law. The court affirmed the conviction. View "United States v. Sockey" on Justia Law

Law enforcement officers in New Mexico were conducting surveillance at a motel to apprehend a fugitive when they observed the defendant, who was not the original target, and another man exit the building. The other man carried a bag with the barrel of a rifle protruding, which he placed in the back seat of an SUV. The defendant was seen cleaning the SUV and, according to an officer’s testimony, picked up and repositioned the rifle. Later, the defendant was arrested at a convenience store while carrying a backpack, which, upon search, was found to contain two loaded handguns. A subsequent search of the SUV, conducted with a warrant, uncovered the rifle and ammunition.The United States District Court for the District of New Mexico denied the defendant’s motion to suppress evidence, finding that the officers had probable cause for the warrantless arrest based on the officer’s credible testimony. At trial, the court gave an investigative-techniques jury instruction over the defendant’s objection, and the jury found the defendant guilty on both counts of being a felon in possession of a firearm or ammunition. The defendant appealed, challenging the denial of the suppression motion, the sufficiency of the evidence for one count, the propriety of the jury instruction, and, for the first time in his reply brief, the search of the backpack.The United States Court of Appeals for the Tenth Circuit affirmed the conviction. The court held that the district court did not clearly err in crediting the officer’s testimony and that there was probable cause for the arrest. The evidence was sufficient for a reasonable jury to find actual or constructive possession and knowledge of the firearm. The court also found no plain error in the jury instructions and declined to consider the new suppression argument regarding the backpack, as it was raised for the first time in the reply brief. View "United States v. Eddings" on Justia Law

In this case, police in Denver were investigating a shooting that occurred early in the morning. They identified a suspect described as a light-skinned Black male with a bald head, thick beard, and muscular build, and circulated a photo of him. Later that day, officers surveilled a vehicle believed to be connected to the suspect. When a group, including a Black male with some similar clothing but not matching the suspect’s physical description, arrived in a different car and then left in a third vehicle, officers decided to stop that vehicle at a gas station. During the stop, officers detained Noah Huerta, a passenger, and conducted a patdown, finding a firearm magazine on him. A subsequent search of the vehicle, after obtaining the driver’s consent, revealed a handgun near Huerta’s seat.The United States District Court for the District of Colorado denied Huerta’s motion to suppress the evidence, finding that the officers had reasonable suspicion to believe he was armed and dangerous, and also ruled that the firearm would have been inevitably discovered. The court also denied Huerta’s motion to dismiss the indictment, which challenged the constitutionality of the felon-in-possession statute under recent Supreme Court precedent.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the denial of the motion to suppress de novo. The court held that the officers lacked reasonable suspicion to believe Huerta was armed and dangerous, as the connection between the group and the shooting suspect was tenuous and based on a mere hunch, and the conduct of the vehicle’s occupants was innocuous. The court also found that the inevitable discovery doctrine did not apply. However, the Tenth Circuit affirmed the district court’s denial of the motion to dismiss the indictment, as binding circuit precedent foreclosed Huerta’s constitutional challenge. The court reversed the denial of the motion to suppress and remanded for further proceedings. View "United States v. Huerta" on Justia Law

In 2009, the defendant and two co-defendants abducted a family at gunpoint, including two young daughters, and robbed them of $30,000. A jury in the United States District Court for the District of Colorado convicted the defendant of four counts of kidnapping, one count of conspiracy to kidnap, and one count of possessing and brandishing a firearm during a crime of violence. The convictions for kidnapping the children were central to the sentencing dispute.Following the initial sentencing, which totaled 600 months, the defendant challenged his convictions and sentences. The United States Court of Appeals for the Tenth Circuit previously remanded the case for resentencing after the government conceded that the firearm conviction under 18 U.S.C. § 924(c) should be vacated, in light of Johnson v. United States, which found the residual clause of “violent felony” unconstitutionally vague. On remand, the district court conducted a de novo resentencing. The government argued that 18 U.S.C. § 3559(f)(2) required mandatory minimum twenty-five-year sentences for each kidnapping conviction involving a child. The district court agreed and imposed concurrent 300-month sentences for each remaining count.The United States Court of Appeals for the Tenth Circuit reviewed de novo the district court’s interpretation of 18 U.S.C. § 3559(f)(2). The appellate court held that kidnapping under 18 U.S.C. § 1201(a) is not categorically a “crime of violence” under 18 U.S.C. § 16(a), because it can be committed without the use, attempted use, or threatened use of physical force. Therefore, § 3559(f)(2) did not mandate a twenty-five-year minimum sentence for each conviction. The Tenth Circuit vacated the sentences and remanded for resentencing consistent with its decision. View "United States v. Ford" on Justia Law

In this case, the defendant was stopped by police officers in Aurora, Colorado, for speeding. During the stop, the officers observed the defendant make a dramatic movement toward the passenger side of his vehicle, to the extent that he was no longer visible to them. The officers recognized the defendant as a member of a local violent gang and learned from him that he was on parole for robbery. After asking the defendant to exit the vehicle and conducting a pat-down that revealed no weapons, the officers searched the passenger seat area and found a firearm. The defendant was subsequently charged with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).The United States District Court for the District of Colorado held an evidentiary hearing on the defendant’s motion to suppress the firearm evidence, which argued that the warrantless vehicle search violated the Fourth Amendment. The district court denied the motion, finding that the officers had reasonable suspicion to believe the defendant was armed and dangerous, based on his furtive movement, gang affiliation, and parole status for a violent crime. The defendant entered a conditional guilty plea, reserving his right to appeal the suppression ruling, and was sentenced to thirty-seven months in prison.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the denial of the motion to suppress de novo, considering the totality of the circumstances. The court held that the combination of the defendant’s dramatic movement, his recognized gang membership, and his parole for robbery provided reasonable suspicion that he was armed and dangerous, justifying the protective vehicle search under the officer safety exception to the Fourth Amendment. The court also rejected the defendant’s constitutional challenge to § 922(g)(1), finding it foreclosed by circuit precedent. The Tenth Circuit affirmed the district court’s judgment. View "United States v. McGregor" on Justia Law

The defendant, an enrolled member of a Native American tribe, was charged with multiple counts of sexual abuse against his minor stepdaughter, D.P., occurring over several years in Indian Country. The alleged abuse began when D.P. was about six years old and continued until she was over twelve, with a brief pause when her mother was more frequently present. D.P. disclosed the abuse following a suicide attempt at age twelve, and her mother and medical professionals testified about her outcry. The prosecution’s case relied heavily on D.P.’s credibility, as there was no physical evidence corroborating her allegations. The defense sought to challenge D.P.’s credibility, highlighting her mental health history, medication use, and possible suggestibility, and attempted to introduce four sexually suggestive, fictionalized YouTube videos created by D.P. at age eleven.The United States District Court for the Eastern District of Oklahoma granted the government’s motion in limine under Federal Rule of Evidence 412, excluding any mention or introduction of the YouTube videos at trial. The court found the videos constituted evidence of “other sexual behavior” or “sexual predisposition” and did not fall within any of Rule 412’s exceptions. The defense argued the videos were relevant to impeach D.P.’s credibility, not to prove sexual behavior or predisposition, and that exclusion violated the defendant’s constitutional rights to confrontation and due process.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s evidentiary ruling and constitutional claims. The Tenth Circuit held that Rule 412’s bar applies to evidence offered to prove a victim’s sexual behavior or predisposition, even if the purpose is impeachment, and that no exception for general impeachment exists. The court further held that exclusion of the videos did not violate the defendant’s constitutional rights, as the Constitution does not mandate admission of general impeachment evidence absent a showing of bias or motive to lie. The judgment of the district court was affirmed. View "United States v. Baker" on Justia Law