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

In 2001, two chiropractors, defendant-appellant Dr. Thomas Forster Gehrmann, Jr., and Dr. Eric Carlson, opened Atlas Chiropractic Center in Colorado Springs, Colorado. They hired a newly graduated chiropractor, Dr. John Davis, as a preceptee, who eventually completed his preceptorship at Atlas, enabling him to become an associate at the business. In the last few months of 2006, Dr. Davis negotiated with the other two doctors for a one-third share of the business. In January 2007, Dr. Davis became a full partner in the practice. Drs. Gehrmann and Carlson advised Dr. Davis of an income-diversion scheme: placing cash payments and checks written to the treating doctor (as opposed to the business) in a cookie jar and regularly split those proceeds. Dr. Davis understood that the purpose of the scheme was to avoid claiming the diverted money as income on their tax forms. After splitting the money, each doctor deposited his share of this diverted money into his personal bank account instead of Atlas’s business account. They neither reported this income to Atlas’s bookkeeper or tax preparer nor paid taxes on it. Federal agents executed a search warrant at Atlas' office in 2011. By July 2015, a grand jury indicted Drs. Gehrmann and Carlson on four felony charges each: one count of conspiracy to defraud the United States, and three counts of filing false tax returns. A month later, Dr. Davis, who was cooperating with investigators, and not indicted, pleaded guilty to misdemeanor willfully delivering a false tax return to the Internal Revenue Service. In October 2018, after the Tenth Circuit reversed the district court’s order suppressing evidence seized under the search warrant, Dr. Carlson pleaded guilty to a felony count of filing a false tax return; Dr. Gehrmann went to trial, and a jury convicted him on all four counts. Dr. Gehrmann appealed a portion of the sentence he received. At district court, Dr. Gehrmann never objected to the adequacy of the sentencing court's explanation of its sentencing decision. The Tenth Circuit determined the district court did not adequately explain its basis for imposing its level adjustment to the sentence. But the Court also concluded that Dr. Gehrmann could not show a reasonable probability of a different sentencing outcome on a remand. The sentence was therefore affirmed. View "United States v. Gehrmann" on Justia Law

Jimmie Moses plead guilty to a federal firearm charge after the district court denied his motion to suppress evidence uncovered in a search conducted on his property in Norman, Oklahoma. The search was intended to uncover evidence of an illegal automobile “chop shop” operation, but law enforcement also found a firearm that Moses should not have possessed as a former felon. Moses reserved the right to challenge the suppression order and argues on appeal that the district court impermissibly denied him an evidentiary hearing under Franks v. Delaware, 438 U.S. 154 (1978), to challenge the search warrant. He specifically contended Norman police recklessly neglected to tell the state judge issuing the warrant that the police had materially exculpatory evidence in the form of video footage of his property. After review, the Tenth Circuit agreed with the district court that the video footage was not materially exculpatory and did not negate the strong probable cause established by the affidavit submitted to the state judge. View "United States v. Moses" on Justia Law

After a routine traffic stop in New Mexico led to Raquel Cortez and Josefina Reyes-Moreno’s indictment for conspiring to transport undocumented aliens, both defendants jointly moved to suppress evidence based on Fourth and Fifth Amendment violations they alleged occurred during the stop. The district court found no constitutional violations and denied the motion. After review of the district court record, the Tenth Circuit concurred no constitutional violations occurred during the stop. "No Fourth Amendment violation occurred because none of the law enforcement officers’ initial questions impermissibly delayed the stop and, during the stop, the officers developed reasonable suspicion the defendants were transporting undocumented aliens, justifying a further detention until Border Patrol arrived. No Fifth Amendment violation occurred because neither Cortez nor Reyes-Moreno faced custodial interrogation during the stop, rendering the absence of Miranda warnings harmless." View "United States v. Reyes-Moreno" on Justia Law

Defendant Richard Wyatt challenged two convictions for conspiring with others to deal in firearms without a federal firearms license. The Government conceded that the district court erred in failing to instruct the jury that, in order to convict Wyatt of these conspiracy offenses, the jury had to find that Wyatt and his alleged co-conspirators acted willfully -- that they knew they were agreeing to do something unlawful. The Government further conceded that this error warranted vacating Wyatt’s conspiracy convictions and remanding for a new trial. But Wyatt contended that there was insufficient evidence presented at trial for a reasonable jury to find that he and his co-conspirators acted willfully and, therefore, the Tenth Circuit court should instead, dismiss the conspiracy counts charged against him with prejudice. The Tenth Circuit declined to dismiss, concluding there was sufficient evidence presented at trial that, if believed, would have supported a reasonable jury finding beyond a reasonable doubt that Wyatt and his co-conspirators knew they were agreeing to violate the law. Wyatt’s two conspiracy convictions were vacated and the matter remanded to the district court for further proceedings. View "United States v. Wyatt" on Justia Law

Defendant Francisco Cantu, Jr. appeals the enhancement of his sentence under the Armed Career Criminal Act (ACCA). Although he failed to preserve his challenge to the enhancement in district court, the enhancement was plainly contrary to the law of the Tenth Circuit. The ACCA enhancement rested in part on the characterization of Defendant’s two prior convictions for drug offenses under Okla. Stat. tit. 63, section 2–401(A)(1) as “serious drug offenses.” But the Court found there were "multiple means by which the Oklahoma statute can be violated, and some of those means do not satisfy the ACCA definition of serious drug offense." Under the categorical/modified-categorical approach established by the United States Supreme Court for determining whether a state conviction can qualify as an ACCA predicate conviction, the two state convictions therefore cannot be predicate convictions supporting an ACCA enhancement. The Tenth Circuit vacated Cantu's sentence and remanded for resentencing. View "United States v. Cantu" on Justia Law

Anthony Kapinski shot and killed two men for which he was arrested and prosecuted for murder. But at trial, the jury found him not guilty on the basis of self-defense. Trial evidence included video surveillance footage of the incident. Kapinski brought civil rights claims under 42 U.S.C. 1983 against Detective Terra Juarez and the City of Albuquerque, alleging constitutional violations stemming from Detective Juarez’s failure to mention the video surveillance footage in her warrant affidavit for Kapinski’s arrest. He argued that if the court issuing the arrest warrant had been made aware of the video footage, it would not have found probable cause supporting the warrant. Detective Juarez moved for summary judgment on qualified immunity grounds, and the district court granted her motion. The court held Kapinski failed to show a constitutional violation because the video footage would not have negated probable cause for his arrest, and, even if Detective Juarez’s omission ran afoul of the Fourth Amendment, she was nonetheless entitled to summary judgment because the law on this issue was not clearly established. To this, the Tenth Circuit agreed Kapinski failed to show a clearly established constitutional violation and therefore affirmed summary judgment. View "Kapinski v. City of Albuquerque" on Justia Law

Tommy Peña was convicted in the United States District Court for the District of New Mexico of conspiracy to commit a carjacking, carjacking and aiding and abetting, using and carrying a firearm during and in relation to a crime of violence, and four counts of felon in possession of a firearm and/or ammunition. For these convictions, defendant was initially sentenced to 480 months. However, after the U.S. Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), defendant no longer qualified for a sentence enhancement under 18 U.S.C. 924(e). At resentencing, the district court imposed a 360-month sentence, varying upward from the guidelines. Defendant appealed, arguing the sentence was procedurally and substantively unreasonable. Although the Tenth Circuit found the variance from the guidelines here was indeed large, the district provided compelling reasons for the upward variance, and thereby maintained the connection between defendant's conduct and the sentence imposed. Given that detailed explanation, the Court determined defendant could not meet his burden of showing the sentence was arbitrary, whimsical or substantively unreasonable. View "United States v. Pena" on Justia Law

Defendant Abel Cristerna-Gonzalez was convicted by jury on one count of possession with intent to distribute methamphetamine and one count of possession with intent to distribute heroin. On appeal, he argued three evidentiary errors occurred at trial: (1) two law-enforcement witnesses gave expert testimony without being admitted as experts; (2) the government made an impermissible propensity argument in violation of Federal Rule of Evidence 404(b); and (3) the district court allowed irrelevant and prejudicial testimony about the Sinaloa cartel. The Tenth Circuit found defendant did not raise the first two issues at trial, and that there was no plain error. Although the Court agreed with Defendant that Sinaloa-cartel evidence was inadmissible, the error was harmless. View "United States v. Cristerna-Gonzalez" on Justia Law

"A series of coincidences and mistaken beliefs led to the arrest of Laramie Hinkle for possessing a stolen trailer that was not even stolen. And things got worse from there." After investigation showed Hinkle innocent, he sued, alleging as unlawful his arrest, the press release, and the body-cavity strip search by the sheriff's office that arrested him. While the Tenth Circuit sympathized with Hinkle, it found the deputy sheriff had probable cause for the arrest, that the deputy arrested Hinkle based on that probable cause, and that the district court did not err in dismissing Hinkle’s claim that the sheriff issued the press release to retaliate against Hinkle. That said, the Court concluded the body-cavity strip search was unreasonable under the Fourth Amendment. And because this unlawful search was based on the County’s indiscriminate strip-search policy, the Court held the Beckham County, Oklahoma was directly liable. View "Hinkle v. Beckham County Board of County" on Justia Law

Defendant Shane Young appeals the district court’s denial of his motion to suppress a confession. A sheriff's deputy witnessed Young's vehicle swerving on the roadway, and signaled for Young to stop his car. Young continued to drive, ultimately pulling into a nearby residential property, stopping his car, and fleeing on foot. The deputy pursued, tasing and arresting Young. After the arrest, the deputy retraced Young’s path and found a small case containing about four grams of a substance containing methamphetamine. Officers later found a black bag containing about 93 grams of a mixture or substance containing methamphetamine near where Young previously stopped his car. The deputy arrested and interviewed Young; Young admitted to possessing the smaller quantity of methamphetamine but denied that the larger quantity was his. Days later, while still held in the county jail, Young was interrogated by a Federal Bureau of Investigations Special Agent. The agent told Young he tried to help people in trouble, and would do his best to try and help. The agent then told Young he had met with the prosecutor about Young’s arrest. He said the prosecutor had met with the judge. The agent reiterated that Young needed to trust him, and he asked Young about the bag with the larger quantity of drugs in it, suggesting that Young could explain that he threw the bags in different directions as he ran from the car. In response, Young wondered aloud whether he should have a lawyer present. Following the agent's earlier suggestion, Young admitted that after he exited his vehicle, he lost his grip on the containers of methamphetamine, and they flew in different directions as he was running away. He also provided information about the source of the methamphetamine and about his drug-dealing activities. After his confession, Young was charged with possession with intent to distribute approximately 97 grams of a mixture or substance containing a detectable amount of methamphetamine. Although the court found the agent made false representations and improper promises of leniency that were “coercive in nature under the circumstances,” it ultimately concluded Young’s confession was not involuntary and denied his motion to suppress. Young pled guilty and was sentenced to 188 months’ imprisonment and five years’ supervised release. Under the totality of the circumstances, the Tenth Circuit concluded Young’s capacity for self-determination was critically impaired, rendering his confession involuntary. Judgment was vacated and the matter remanded for further proceedings. View "United States v. Young" on Justia Law