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

Federal agents executed a search warrant on the home of an Air Force serviceman, Mr. Crosby, in 2018, seizing electronic devices that contained over 4,000 files of child pornography. Mr. Crosby admitted to possessing the material and was administratively separated from the Air Force. In 2020, he was indicted in New Mexico for possession of child pornography and arrested in Pennsylvania, where he continued to download such material. A subsequent search found additional illicit content. Mr. Crosby was held in custody for five days before being released on pretrial conditions. He was later indicted in Pennsylvania, and the cases were consolidated in New Mexico.The District Court of New Mexico accepted Mr. Crosby's guilty plea and calculated a Guidelines range of 78–97 months based on various offense enhancements. The government requested a 78-month sentence, while Mr. Crosby argued for a non-custodial sentence, citing his autism spectrum disorder (ASD) diagnosis and low risk of recidivism. The district court ultimately sentenced Mr. Crosby to five days' time served, emphasizing his ASD, potential for rehabilitation, and low recidivism risk, while noting his compliance with pretrial conditions and employment.The United States Court of Appeals for the Tenth Circuit reviewed the case, focusing on the substantive reasonableness of the sentence. The court found that the district court failed to adequately consider several § 3553(a) factors, including retribution, general deterrence, avoiding unwarranted sentencing disparities, and the established sentencing range. The Tenth Circuit held that the district court's explanation was insufficient to justify the significant downward variance from the Guidelines range. Consequently, the Tenth Circuit vacated the sentence and remanded the case for resentencing. View "United States v. Crosby" on Justia Law

In April 2018, Justin Little was investigated and arrested by state police in Oklahoma after his wife’s boyfriend was shot and killed on the Muscogee Creek Reservation. Following the Supreme Court’s 2020 decision in McGirt v. Oklahoma, it was established that the Creek Reservation had not been disestablished, meaning state police lacked jurisdiction over Little’s offense. Little was later convicted of first-degree murder in federal court.The United States District Court for the Northern District of Oklahoma denied Little’s motion to suppress evidence collected by state officers, ruling that the officers reasonably believed they had jurisdiction at the time of the investigation. Little was subsequently convicted by a jury and sentenced to life imprisonment.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the evidence collected by state officers was admissible under the good faith exception to the Fourth Amendment’s exclusionary rule. The court reasoned that, given the historical belief that Oklahoma had jurisdiction over offenses on Creek land and the stay of the mandate in Murphy v. Royal pending Supreme Court review, state officers could reasonably believe they had jurisdiction. The court concluded that excluding the evidence would not have a significant deterrent effect and would impose substantial social costs.The Tenth Circuit affirmed Little’s conviction and sentence, rejecting his other arguments for reversal, including challenges to the admission of evidence, jury instructions, and prosecutorial statements. The court found that none of these issues warranted relief, either individually or cumulatively. View "United States v. Little" on Justia Law

The defendant was tried and convicted by a jury of kidnapping and sexually assaulting a 72-year-old woman, E.F., in her home in Tulsa, Oklahoma. The indictment alleged that the defendant is an Indian as defined under federal law, which was a jurisdictional predicate for the federal charges. The defendant was sentenced to life in prison, and judgment was entered on July 27, 2023. The defendant timely appealed, raising four issues: the admission of a hearsay verification letter to prove his Indian status, the exclusion of expert testimony on trauma and memory, the allowance of unnoticed expert testimony by a forensic nurse, and improper jury instructions regarding kidnapping.The United States District Court for the Northern District of Oklahoma admitted a verification letter from the Choctaw Nation of Oklahoma to prove the defendant's Indian status, over the defendant's hearsay objection. The court also excluded the expert testimony of Dr. Geoffrey Loftus on trauma and memory, allowed the Government’s forensic nurse to provide unnoticed expert testimony, and used the Tenth Circuit’s pattern jury instruction for kidnapping, rejecting the defendant’s proposed language.The United States Court of Appeals for the Tenth Circuit reviewed the case and found merit in the first issue on appeal. The court held that the district court erred by admitting the verification letter as it was inadmissible hearsay and did not qualify as a business record. The court determined that this error was not harmless because it negated an essential element of the crimes charged, specifically the defendant's Indian status, which is required for federal jurisdiction. Consequently, the Tenth Circuit reversed the convictions and sentence and remanded the case to the district court to vacate the judgment and conduct further proceedings consistent with its decision. View "United States v. Harper" on Justia Law

Scott Lowe was convicted of drug trafficking and unlawful possession of a firearm. He argued that his Fourth Amendment rights were violated when Denver Police Department officers searched a storage unit in his apartment building without a warrant. The search revealed evidence linking him to drug trafficking. Lowe moved to suppress the evidence, claiming a possessory interest in the unit that required a warrant. The district court denied the motion.The United States District Court for the District of Colorado reviewed the case. Lowe had previously pleaded guilty to possession of a firearm by a felon and was on supervised release. His probation officer received tips from a confidential informant about Lowe using a storage unit for hiding narcotics and firearms. Despite Lowe's denials and the property manager's confirmation that he did not rent a storage unit, officers found incriminating evidence in a storage unit on the eighth floor of his apartment building. Lowe was arrested and charged with possession with intent to distribute MDMA, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm as a felon. The district court denied Lowe's motion to suppress the evidence, ruling that he lacked a reasonable expectation of privacy in the storage unit.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court's decision, holding that Lowe failed to establish a legitimate expectation of privacy in the storage unit. The court found sufficient evidence to support his conviction and found no legal error in his sentencing. The court also addressed Lowe's challenges regarding the sufficiency of the evidence and the reasonableness of his sentence, ultimately affirming the lower court's rulings. View "United States v. Lowe" on Justia Law

Customs and Border Patrol officers seized Sergio Ruiz at the Columbus, New Mexico port of entry with 20.8 kilograms of methamphetamine and an active GPS tracker hidden in his truck’s spare tire. The government used testimony from a confidential informant, Eric Weaver, who identified Ruiz as “Tire Man,” a known narcotics courier. Ruiz argued that the identification should be suppressed due to a suggestive pretrial photo array.The United States District Court for the District of New Mexico denied Ruiz’s motion to suppress the identification. The court found that although the photo array might lean towards being suggestive, Weaver’s identification was reliable under the totality of the circumstances. Weaver had multiple opportunities to observe Ruiz closely and provided consistent and accurate descriptions of him before the photo array. The jury subsequently convicted Ruiz on all counts.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court applied a two-part test to determine if the identification violated Ruiz’s due process rights. First, it assessed whether the photo array was unduly suggestive. Second, it evaluated the reliability of the identification using the Biggers factors. The court concluded that even if the photo array was suggestive, Weaver’s identification was reliable. Weaver had multiple encounters with Ruiz, paid close attention to his appearance, provided accurate descriptions, and expressed confidence in his identification. The court found no substantial likelihood of misidentification and affirmed the district court’s denial of Ruiz’s motion to suppress. View "United States v. Ruiz" on Justia Law

Two defendants, Kevin Lewis and Otis Ponds, were involved in a large-scale drug trafficking conspiracy in Wichita, Kansas. Lewis was convicted at trial, while Ponds pleaded guilty but reserved the right to appeal on specific issues. Both defendants challenged the government's actions, including alleged violations of their Sixth Amendment right to a speedy trial and the validity of wiretap evidence used against them.The United States District Court for the District of Kansas initially set Lewis's trial for May 2020, but delays ensued due to the complexity of the case and the COVID-19 pandemic. The court declared the case complex, which extended the timeline for discovery. A significant delay was attributed to the FBI's use of a pole camera that recorded over 10,000 hours of footage, which defense counsel had to review. Ponds was arrested later and joined the case in March 2021. Both defendants filed motions to dismiss the indictment on speedy-trial grounds, which the district court denied, citing the complexity of the case and lack of specific prejudice to the defendants.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court found that while the delay was presumptively prejudicial, it was not unreasonable given the case's complexity. The court held that the government was responsible for some delay due to the extensive pole-camera footage but noted that the defendants failed to show specific prejudice from the delay. The court also upheld the district court's denial of the motions to suppress wiretap evidence, finding that the wiretap application was properly authorized by a statutorily approved DOJ official, despite challenges to the legibility of the signature.The Tenth Circuit affirmed the district court's judgment, including Lewis's 420-month sentence, finding it substantively reasonable given his significant role in the drug conspiracy and criminal history. View "United States v. Lewis" on Justia Law

The defendant, Elijah Dewayne Hicks, shot and killed his cousin, Timothy Ray Buckley, in the middle of a residential street. Buckley, who had a history of violence when intoxicated, was drunk at the time. Hicks claimed self-defense, stating that Buckley had knocked out his girlfriend and charged at him. The government argued that Hicks intentionally murdered Buckley due to a personal grudge, highlighting that Hicks had non-lethal alternatives available.The United States District Court for the Eastern District of Oklahoma tried the case. The jury found Hicks guilty on all counts: second-degree murder, use of a firearm during a crime of violence, and causing death in the course of a § 924(c) offense. Hicks was sentenced to concurrent 240-month sentences for the murder and causing death charges, plus a mandatory 120-month consecutive sentence for the firearm charge. Hicks appealed, arguing that the district court erred in its jury instructions, particularly by not instructing the jury that he had no legal duty to retreat or exhaust alternatives before acting in self-defense.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the district court's failure to instruct the jury on the lack of a duty to retreat or exhaust alternatives deprived the jury of critical legal guidance, thereby prejudicing Hicks' self-defense claim. The Tenth Circuit found that the jury instructions were inadequate and reversed the convictions, remanding the case for a new trial. The court emphasized that Hicks was entitled to an instruction clarifying that he had no legal duty to retreat or consider alternatives before using deadly force in self-defense. View "United States v. Hicks" on Justia Law

The defendant, Jose Pena, was accused of inducing his minor daughter to engage in sexual activity and recording it. Using a Facebook alias, "Jaime Peres," Pena initiated an online relationship with his daughter, Jane Doe, and later coerced her into recording sexual acts with him by threatening her with fabricated cartel violence. Jane reported the incidents to her school, leading to Pena's arrest and confession during a police interview.The United States District Court for the District of New Mexico denied Pena's motion to suppress his confession, finding it voluntary under the totality of the circumstances. The court noted that law enforcement did not overbear Pena's will despite using various interrogation tactics. A jury subsequently convicted Pena of inducing a minor to engage in sexual activity and producing child pornography.The United States Court of Appeals for the Tenth Circuit reviewed the district court's denial of the motion to suppress. The appellate court upheld the lower court's decision, agreeing that the confession was voluntary. The court found that law enforcement's conduct, while at times troubling, did not critically impair Pena's capacity for self-determination. The court also determined that any potential error in admitting the confession was harmless beyond a reasonable doubt due to overwhelming evidence of Pena's guilt, including DNA evidence, video recordings, and digital forensic evidence linking him to the alias "Jaime Peres."The Tenth Circuit affirmed the district court's decision, concluding that Pena's confession was voluntary and that the evidence against him was sufficient to uphold the conviction. View "United States v. Pena" on Justia Law

Two boys from Grand Junction, Colorado, were sexually abused by Michael Tracy McFadden over several years. McFadden, who was distantly related to one boy (J.W.) and a close family friend to the other (K.W.), provided necessities and luxuries to the boys, ingratiating himself with their families. The boys frequently stayed at McFadden’s house, where he assaulted them during the night. McFadden also took the boys on interstate trucking trips, during which he continued the abuse.McFadden was initially convicted in Colorado state court on nineteen counts of child-sex abuse, but the Colorado Court of Appeals dismissed the charges due to a violation of his speedy-trial rights. Subsequently, a federal grand jury charged McFadden with five counts related to his sexual abuse of J.W. and K.W. across state lines. The United States District Court for the District of Colorado admitted a video recording of K.W.’s 2013 forensic interview under Rule 807, despite McFadden’s objections. The jury convicted McFadden on all counts, and he was sentenced to concurrent life sentences.The United States Court of Appeals for the Tenth Circuit reviewed McFadden’s appeal, which argued that evidentiary errors and a mistake in his Guidelines calculation warranted a new trial and resentencing. The court found that the district court erred in admitting the 2013 forensic-interview video under Rule 807 but deemed the error harmless. The court also upheld the district court’s exclusion of an audio recording of K.W.’s 2018 interview and rejected McFadden’s claims of improper vouching by witnesses. Finally, the court affirmed the application of a two-level undue-influence enhancement to McFadden’s sentence under U.S.S.G. § 2G1.3(b)(2)(B). The Tenth Circuit affirmed McFadden’s conviction and sentence. View "U.S. v. McFadden" on Justia Law

Omar Godinez, a minor at the time of his conviction, is serving a 32-years-to-life sentence in Colorado state prison for kidnapping and sexually assaulting two victims. After exhausting state appeals, he sought federal habeas relief, arguing that his sentence violates the Eighth Amendment as interpreted in Graham v. Florida, which prohibits life imprisonment without parole for non-homicide offenses committed by minors without a meaningful opportunity for release based on maturity and rehabilitation.The state trial court rejected Godinez's interpretation of Graham, concluding that the Colorado Sex Offender Lifetime Supervision Act (SOLSA) allows the parole board to consider maturity and rehabilitation, even if not explicitly mandated. The Colorado Court of Appeals affirmed the sentence on different grounds, and the Colorado Supreme Court denied certiorari. Godinez then filed a habeas petition in the District of Colorado, which was denied. The district court agreed with the state trial court that the parole board could consider the Graham factors.The United States Court of Appeals for the Tenth Circuit reviewed the case. They had previously certified a question to the Colorado Supreme Court, which clarified that SOLSA permits consideration of maturity and requires consideration of rehabilitation. The Tenth Circuit denied Godinez's habeas petition, holding that he could not show that the Colorado courts unreasonably applied federal law. The court concluded that the parole board's ability to consider maturity and rehabilitation when Godinez becomes eligible for parole in 2034 meets the requirements set forth in Graham. The court also noted that any future failure by the parole board to adhere to constitutional requirements could be challenged at that time. View "Godinez v. Williams" on Justia Law