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

The case involves a criminal prosecution for sexual abuse of a minor on a military base. The defendant admitted to sexual activity but claimed he was asleep during the acts, raising a sexsomnia defense. The central dispute at trial concerned the defendant’s state of mind, specifically whether he was awake or asleep. Both sides presented expert witnesses. The defense expert, Dr. Kushida, opined that the victim’s account was consistent with sexsomnia, while the government’s expert, Dr. Bornemann, countered that the described actions were too complex to have occurred during sleep. During trial, Dr. Kushida also offered new opinions about the absence of malingering—suggesting the defendant was not faking symptoms for personal gain—which had not been disclosed before trial.The case was previously tried in the United States District Court for the District of Colorado. At trial, after Dr. Kushida introduced the new malingering opinions, the government sought to have Dr. Bornemann rebut them. The defense objected to the adequacy and timing of the government’s disclosure regarding Dr. Bornemann’s new rebuttal opinions. The district court overruled the objection, allowed Dr. Bornemann’s testimony, and permitted a brief pre-cross-examination interview. The jury convicted the defendant on the counts related to sexual encounters in the girl’s bedroom.The United States Court of Appeals for the Tenth Circuit reviewed whether the government was required under Federal Rule of Criminal Procedure 16 to provide pretrial notice of the rebuttal opinions offered by Dr. Bornemann. The court held that the government’s duty to disclose rebuttal expert testimony is triggered only when the defense has timely disclosed the opinions being rebutted. Because the defense had not disclosed Dr. Kushida’s malingering opinions prior to trial, the government was not required to provide pretrial notice of Dr. Bornemann’s rebuttal. The Tenth Circuit affirmed the convictions. View "United States v. Crow" on Justia Law

A man drove his ten-year-old daughter from Oklahoma to Texas so she could participate in a gymnastics competition. While staying in a hotel together, he sexually abused her in the bathtub and later in bed. After the girl disclosed the abuse to her peers, three others—two of her half-sisters and her uncle, all minors at the time of their respective incidents—came forward with their own accounts of sexual abuse or inappropriate conduct by the same man. The evidence included testimony about prior incidents and hidden cameras used by the defendant to record his daughters.A federal grand jury in the United States District Court for the Eastern District of Oklahoma charged the defendant with three crimes: transporting a minor with intent to engage in criminal sexual activity under 18 U.S.C. § 2423(a), aggravated sexual abuse of a minor in Indian Country under 18 U.S.C. §§ 1151, 1152, and 2241(c), and coercion and enticement of a minor under 18 U.S.C. § 2422(b). After a jury trial, he was convicted on all three counts and sentenced to life imprisonment for each, to run concurrently. On appeal, he challenged the sufficiency of the evidence supporting his convictions for transportation of a minor and aggravated sexual abuse, arguing specifically that the government failed to prove that his “dominant purpose” in transporting his daughter was sexual activity and failed to establish his non-Indian status.The United States Court of Appeals for the Tenth Circuit held that, under § 2423(a), the government must prove only that the defendant transported the minor “with intent” that she engage in illegal sexual activity, not that this was his dominant purpose, and found the evidence sufficient. The court also held that unchallenged testimonial evidence from family members was sufficient to establish beyond a reasonable doubt that the defendant was a non-Indian. The convictions were affirmed. View "United States v. Thompson" on Justia Law

The case concerns a defendant with a longstanding history of mental illness and violent behavior, who was indicted in federal court for mailing threatening communications to a former prosecutor. The defendant’s mental health history included diagnoses such as psychosis and bipolar disorder, and he had been incarcerated for nearly two decades. After the indictment, both parties questioned the defendant’s competence to stand trial due to his mental condition.The United States District Court for the District of Colorado first found the defendant incompetent and committed him to the custody of the Attorney General for hospitalization and treatment in an attempt to restore competency under 18 U.S.C. § 4241(d). Medical staff at the hospital later reported that competency appeared to have been restored with medication, but after release from the hospital, the defendant ceased taking his prescribed drugs. Before a formal competency-restoration hearing could be held, both parties again concluded that the defendant was incompetent. After a hearing, the district court found the defendant incompetent and unrestorable for trial. The government then moved to hospitalize him for a dangerousness evaluation under 18 U.S.C. § 4246, which the defendant opposed.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s order. The appellate court affirmed the portion of the order hospitalizing the defendant for a precertification dangerousness evaluation under § 4246(a), holding that once a defendant is found incompetent and unrestorable, the district court may order temporary hospitalization for evaluation of dangerousness. However, the appellate court reversed the district court’s order for a formal examination and report under § 4246(b), holding that only the court in the district of the evaluating hospital has authority for such an order. The case was remanded for further proceedings. View "United States v. Coad" on Justia Law

In this case, the defendant was discovered inside a stranger’s apartment in Oklahoma City. After being confronted by the resident, a physical altercation ensued and the defendant fled. The resident claimed that the defendant pulled a gun and fired at him as he was chased outside. Although no firearm was recovered, police found a recently fired shell casing at the scene. Video evidence and witness testimony corroborated the sequence of events. The defendant was subsequently arrested after a foot chase, and a grand jury indicted him for possessing ammunition as a felon.The United States District Court for the Western District of Oklahoma presided over the trial. The government sought to introduce evidence of the defendant’s prior conviction for being a felon in possession of a firearm under Rule 404(b), which the defendant opposed. The district court admitted the evidence over objection, provided a limiting instruction, and the jury found the defendant guilty. The presentence report calculated a guideline range of 63 to 78 months; however, the district court imposed an above-guidelines sentence of 120 months, citing the seriousness and repetitive nature of the defendant’s conduct.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the admission of the prior conviction was an abuse of discretion because knowledge was not at issue under the circumstances, but found the error harmless due to the strength of the evidence. The court also held that the evidence was sufficient to support the conviction, the sentence was substantively reasonable, and the argument that the statute was unconstitutional under the Second Amendment was foreclosed by binding precedent. Accordingly, the Tenth Circuit affirmed the conviction and sentence. View "United States v. Dias" on Justia Law

Brandon and Rachel McCarthy operated an online business, Lone Goose Bakery, selling unprocessed poppy seeds coated in opium latex. These seeds, not processed to food-grade standards, retained opium alkaloids, including morphine, codeine, and thebaine. The McCarthys primarily sold to individual consumers and provided publications with guidance and recipes for brewing poppy-seed tea, which can contain significant amounts of these controlled substances and poses substantial health risks. At least one customer died from an overdose after consuming tea made from their seeds.A grand jury in the United States District Court for the Northern District of Oklahoma returned a superseding indictment against the McCarthys, charging them with multiple counts, some for distributing or possessing controlled substances and others for distributing or possessing “precursors” for controlled substances. The defendants moved to dismiss all charges, arguing that the Controlled Substances Act (CSA) excludes poppy seeds, that any ambiguity should be resolved in their favor, and that the law was unconstitutionally vague if read to prohibit their conduct. The district court granted the motion, including as to counts based on the theory that the unprocessed seeds were precursors for manufacturing controlled substances.On appeal, the United States Court of Appeals for the Tenth Circuit found that, while poppy seeds are excluded from the controlled substances schedule, the CSA prohibits the knowing distribution or possession of materials intended to be used to manufacture controlled substances. The court held that unprocessed poppy seeds coated with opium latex constitute a “material” that may be used to manufacture a controlled substance when intended for extraction of opiates. The court reversed the district court’s dismissal of the related charges and remanded for further proceedings. View "United States v. McCarthy" on Justia Law

The case involves a defendant who was charged with producing child pornography and possessing material involving the sexual exploitation of a minor. The charges centered on three videos found in her husband’s online storage account, showing him interacting with a six-year-old girl in a pool at a family gathering. The defendant was not visible in the videos, but a woman’s voice—alleged to be hers—was present. She denied it was her voice, but several witnesses identified it as hers. The government also introduced evidence that, years after the pool incident, the defendant and her husband had made videos in public places surreptitiously filming up women’s skirts. In these later videos, the defendant was visually and audibly identifiable.The United States District Court for the Eastern District of Oklahoma admitted three of these “Peeping Tom” videos as evidence under Federal Rule of Evidence 404(b), finding them relevant and admissible to prove the defendant’s identity as the camera operator in the pool videos and to show the absence of mistake or accident. The court limited the number of such videos introduced and declined to further edit them, as the defendant did not request specific excision and the entire videos were relevant for the stated purposes. After trial, the defendant was convicted.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the district court abused its discretion in admitting the “other acts” evidence. The Tenth Circuit held that the district court acted within its discretion. The court found the later videos relevant, sufficiently similar, and admissible for the proper purposes of proving identity and absence of mistake or accident, thus affirming the conviction. The appellate court did not address other proposed grounds for admission, as it found the purposes relied upon by the district court adequate. View "United States v. Bycroft" on Justia Law

The case concerns a defendant who, as a member of the Osage Nation, was previously convicted in Oklahoma state courts of several offenses, all committed in areas recognized as Indian country. In 2013, she was convicted of driving under the influence in Washington County. She was subsequently convicted in Mayes County in 2016 for possessing methamphetamine and a firearm, and again in Tulsa County in 2016 for possession of controlled substances and paraphernalia, as well as impersonation. In each proceeding, she was represented by counsel. Later, she was indicted in federal court for conspiracy to distribute controlled substances after a DEA investigation, pleaded guilty, and was sentenced.Prior to this appeal, the United States District Court for the Northern District of Oklahoma calculated her advisory Sentencing Guidelines range by including her three prior state convictions in her Criminal History Category. The defendant objected, arguing that the state courts lacked subject matter jurisdiction over her because she is Native American and the offenses occurred in Indian country. The district court overruled her objection, noting the convictions had not been vacated or reversed by any Oklahoma court and were not obtained in violation of her right to counsel. The district court ultimately sentenced her after applying a downward variance.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the district court erred in including the prior state convictions in the Criminal History calculation. The Tenth Circuit held that, under federal law and United States Sentencing Guidelines, prior state convictions must be counted unless they have been vacated, reversed, or were obtained in violation of the right to counsel. The court found no exception for convictions alleged to be void for lack of subject matter jurisdiction, absent their invalidation by the convicting court. The Tenth Circuit affirmed the district court’s judgment. View "United States v. Campbell" on Justia Law

In August 2023, an adult defendant began communicating over the Whisper social media app with an individual he believed to be an adult, but who was actually thirteen years old. The two exchanged frequent communications, including explicit text, audio, and video messages, and spoke regularly over the course of several weeks. The defendant claimed he thought the other party was an adult, based on her representations, and that any mention of a younger age was part of a roleplay scenario. The communications were discovered when the minor’s classmates alerted school officials, leading to law enforcement intervention and the defendant’s indictment for coercion or enticement of a minor.The case proceeded to trial in the United States District Court for the Northern District of Oklahoma. A jury found the defendant guilty after less than forty minutes of deliberation, and he was sentenced to 140 months in prison. During closing arguments, the prosecutor made remarks suggesting the defendant’s presumption of innocence had been removed by the evidence, and reinforced this with a visual presentation, but the defense did not object at the time. The jury was instructed on the presumption of innocence only at the start of trial, and no specific curative instructions were given after the prosecutor’s statements.The United States Court of Appeals for the Tenth Circuit reviewed the case under plain error analysis, given the lack of objection at trial. The court held that the prosecutor’s statements during closing argument constituted a clear and obvious error that infringed the defendant's constitutional right to the presumption of innocence. The court found the error affected the defendant’s substantial rights, given the context and timing of the remarks, the absence of overwhelming evidence, and insufficient curative instructions. The conviction was vacated and the case remanded for further proceedings. View "United States v. Petro" on Justia Law

Law enforcement suspected an individual of drug trafficking activity from his home in Oklahoma. Investigators used a confidential informant and GPS tracking of a known methamphetamine dealer’s vehicle, which led them to the suspect’s residence. A search of trash from the property revealed syringes and baggies that tested positive for methamphetamine, along with mail addressed to the suspect. Agents learned the suspect was a member of the Cherokee Nation and had a significant criminal history involving drugs. Because the house was in Indian Country and the suspect’s co-resident was a non-Indian, officers sought warrants from both a tribal and a state judge. The tribal judge issued a warrant based on the initial affidavit, while the state judge initially denied a similar application but later granted one after additional information was provided. Officers executed the search under the tribal warrant and found drugs, paraphernalia, and firearms.In the United States District Court for the Northern District of Oklahoma, the defendant moved to suppress the evidence found during the search, arguing it was the fruit of an unlawful search, and to compel disclosure of the government’s confidential informant. The district court denied suppression, applying the good-faith exception, and also denied the motion to compel after the government stated it would not use the informant or related evidence at trial.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the search was supported by probable cause and that the good-faith exception to the exclusionary rule applied even though the state judge initially denied a similar warrant. The court also found no violation of Federal Rule of Criminal Procedure 41, as the search was not federal in character. Regarding the confidential informant, the appellate court held that the defendant waived his argument about disclosure aiding his suppression hearing, as this was not raised below. The conviction was affirmed. View "United States v. Holt" on Justia Law

A man who entered the United States illegally as a teenager from Mexico was later abused and threatened by an older woman, an American citizen, who orchestrated his entry. According to the man, he was held by her associates upon arrival, threatened with harm if he disobeyed, and subjected to years of physical, emotional, and psychological abuse while living with her in Oklahoma. He had some contact with family, but the woman restricted his movements and threatened to harm him or his family if he did not comply. After being arrested and deported in 2013, he was allegedly kidnapped by the same associates, beaten, and brought back to the U.S., where the abuse continued for another decade. In 2023, he escaped, obtained a protective order, and sought counseling, but the woman allegedly continued to harass and threaten him and his family.Following his arrest in 2024 after a domestic incident, he was indicted in the United States District Court for the Northern District of Oklahoma for Unlawful Reentry of a Removed Alien under 8 U.S.C. § 1326. He moved for a jury instruction on the defense of duress, arguing that he was forced to remain in the U.S. under threat of harm. The district court denied his motion, finding insufficient evidence that he lacked reasonable opportunity to escape or that he made a prompt, bona fide effort to surrender to authorities once free from coercion. He entered a conditional guilty plea, reserving his right to appeal the denial of the duress instruction.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s denial for abuse of discretion. The court held that the defendant failed to present sufficient evidence to warrant a duress instruction, as he had reasonable opportunities to escape and did not promptly surrender to authorities once he was no longer under immediate threat. The court affirmed the district court’s judgment. View "United States v. Carpena" on Justia Law