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

Raymundo Guevara-Lopez was stopped by a New Mexico State Police officer for a minor traffic violation in September 2021. During the stop, inconsistencies in the travel plans provided by Guevara-Lopez and his passenger raised the officer's suspicions. A search of the vehicle revealed $60,980 in cash hidden behind screwed-in panels. Guevara-Lopez admitted to transporting the money to Mexico for drug cartels and estimated he had made 25 to 30 trips, typically transporting between $110,000 to $118,000 each trip.A federal grand jury indicted Guevara-Lopez in June 2023 for attempted bulk-cash smuggling and aiding and abetting. He pleaded guilty without a plea agreement. The Presentence Report (PSR) calculated a guidelines range of 24 to 30 months based on a total offense level of 17 and a criminal-history category of I. The district court, however, varied upward and sentenced him to the statutory maximum of 60 months, citing the large amount of money smuggled and his pending state charges in Texas.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court found the district court's sentence substantively unreasonable, noting that the district court failed to adequately address the need to avoid unwarranted sentence disparities and relied on incorrect information about Guevara-Lopez's Texas charges. The Tenth Circuit vacated the 60-month sentence and remanded for resentencing, emphasizing the need for a more detailed explanation to justify the significant upward variance. View "United States v. Guevara-Lopez" on Justia Law

On February 4, 2022, the Tulsa Police Department responded to calls about a violent domestic dispute involving Dakota Wayne Campus and his pregnant fiancée, M.D. Campus chased M.D. with a firearm, dragged her back to her apartment, and strangled her. He fled the scene but was apprehended seven days later. Campus was charged with multiple crimes, including assault and firearm offenses.The United States District Court for the Northern District of Oklahoma found Campus guilty on all counts. The jury's verdict included charges of assault by strangulation, assault with a dangerous weapon, brandishing a firearm during a crime of violence, and possession of a firearm and ammunition. The district court sentenced Campus to 240 months in prison, including a two-level adjustment under the United States Sentencing Guidelines for physically restraining the victim.Campus appealed to the United States Court of Appeals for the Tenth Circuit, arguing that the district court improperly applied the two-level adjustment for physical restraint under § 3A1.3 of the Guidelines. He contended that this adjustment constituted impermissible double counting because his offense already involved a degree of restraint.The Tenth Circuit reviewed the district court's application of the Sentencing Guidelines de novo and factual findings for clear error. The court held that the two-level adjustment for physical restraint was appropriate because Campus's actions of holding M.D. at gunpoint and dragging her back into the apartment were separate from the strangulation offense. The court concluded that the adjustment did not constitute double counting and affirmed the district court's sentence. View "United States v. Campus" on Justia Law

The defendant was indicted on charges of possession of child pornography and sexual abuse of a minor. Before the trial, the government filed a notice to introduce evidence of the defendant's prior similar conduct under Federal Rule of Evidence 404(b). The district court allowed this evidence, and after a jury trial, the defendant was found guilty of several counts related to coercion and enticement and child sex offenses. He was sentenced to 340 months in prison. The defendant appealed, arguing that the district court abused its discretion by admitting the prior conduct evidence, claiming it was not for a proper purpose and was unfairly prejudicial.The United States District Court for the Northern District of Oklahoma admitted the evidence, finding it relevant to show the defendant's identity, intent, motive, and plan. The court also provided a limiting instruction to the jury to mitigate any potential prejudice. The jury found the defendant guilty of the charges involving one minor but acquitted him of charges involving another.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the evidence of the defendant's prior conduct was admissible under Rule 404(b) for proper purposes, including showing identity, intent, plan, and motive. The court found that the evidence was relevant and that its probative value was not substantially outweighed by the danger of unfair prejudice. The limiting instruction given to the jury was deemed sufficient to address any potential prejudice. The appellate court concluded that the district court did not abuse its discretion in admitting the evidence and upheld the defendant's conviction and sentence. View "United States v. Summers" on Justia Law

In January 2023, Chase Lane Rocha, living in a camper in Boswell, Oklahoma, with his pregnant girlfriend, was involved in a series of events leading to the death of his mother, Riki Amix. After consuming alcohol, Rocha returned home and got into a physical altercation with his stepfather, Dakota Amix. Rocha, intoxicated and distraught, armed himself with a pistol and, during a confrontation with family members, accidentally discharged the weapon, fatally wounding his mother. Rocha fled the scene, discarded the weapon, and later surrendered to law enforcement, admitting to the shooting but claiming it was accidental.The United States District Court for the Eastern District of Oklahoma conducted a jury trial where Rocha was found guilty of involuntary manslaughter in Indian Country. The court denied Rocha’s request for a two-level reduction for acceptance of responsibility, reasoning that Rocha did not admit to the mens rea of involuntary manslaughter. The court sentenced Rocha to 60 months in prison, an upward variance from the Guidelines range of 27 to 33 months, citing the need for just punishment and deterrence, and the reckless nature of Rocha’s conduct.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court’s decision, holding that the denial of the acceptance-of-responsibility adjustment was not clearly erroneous given Rocha’s conduct before and during the trial. The appellate court also found that the district court did not err in considering societal expectations as part of its analysis of permissible sentencing factors. Finally, the appellate court concluded that the district court’s explanation for the upward variance was adequate and that the sentence was substantively reasonable given the totality of the circumstances. View "United States v. Rocha" on Justia Law

A 56-year-old man from Kansas City, Missouri, responded to an online advertisement posted by a law enforcement officer posing as a 17-year-old girl seeking money. The man offered $500 for a weekend of sexual activity, but testified that he did not believe the ad was genuine and that his response was intended as a joke, based on a coworker’s suggestion. The two exchanged messages, with the officer repeatedly referencing her age and the man continuing the conversation, often using internet slang that could indicate joking. Eventually, the officer persuaded the man to drive to Kansas to meet, but when he arrived, he did not have the promised money or whiskey.The United States District Court for the District of Kansas presided over the trial. The defendant asserted an entrapment defense, arguing he lacked predisposition to commit the offense and was induced by the government. The district court, however, refused to instruct the jury on entrapment, finding the evidence insufficient to support such a defense. The jury convicted the defendant of crossing state lines with the intent to engage in illicit sexual conduct with a minor, in violation of 18 U.S.C. § 2423(b).The United States Court of Appeals for the Tenth Circuit reviewed the case. Applying de novo review and viewing the evidence in the light most favorable to the defendant, the court held that a reasonable jury could have found both a lack of predisposition and government inducement, entitling the defendant to an entrapment instruction. The court found the district court’s failure to give the instruction was not harmless error. However, the appellate court also determined that the evidence was sufficient to support the conviction, so retrial is permitted. The Tenth Circuit vacated the conviction and remanded for new proceedings. View "United States v. Spradley" on Justia Law

A thirteen-year-old girl, D.C., reported to her stepmother that her stepfather, Edgar Rene Garcia-Limon, had sexually abused her over several years, beginning when she was about four and continuing until she was eleven. During the investigation, D.C. described multiple incidents of abuse, and Garcia-Limon admitted to law enforcement and his wife that he had sexually touched D.C. on several occasions. Law enforcement also found firearms in the home, leading to additional charges.The United States District Court for the Eastern District of Oklahoma indicted Garcia-Limon on four counts: felon in possession of a firearm, aggravated sexual abuse of a minor in Indian Country, abusive sexual contact in Indian Country, and illegal reentry. Garcia-Limon challenged the sufficiency of the indictment for the sexual abuse counts, arguing that the eight-year date range was too broad and that the counts improperly charged a scheme rather than specific acts. The district court denied his motions, finding that the indictment properly charged a scheme of abuse and that the counts were not constitutionally defective or duplicitous. At trial, the jury found Garcia-Limon guilty on all counts, and he was sentenced to concurrent terms, including life sentences for the sexual abuse counts.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the indictment was constitutionally sufficient, whether the statutes allowed charging a scheme of abuse, whether the indictment was duplicitous, and whether there was a constructive amendment at trial. The court held that the indictment met constitutional requirements, that the statutes permitted charging a scheme of repeated, similar acts in a single count, and that there was no unconstitutional duplicity or constructive amendment. The Tenth Circuit affirmed Garcia-Limon’s convictions on the challenged counts. View "United States v. Garcia-Limon" on Justia Law

Michael Kay was convicted after pleading guilty to unlawfully possessing a firearm in violation of 18 U.S.C. § 922(g)(1). At sentencing, the district court found that Kay had hidden the firearm in the trunk of his vehicle before his arrest and imposed a two-level enhancement for obstruction of justice under U.S.S.G. § 3C1.1, despite the defense's objection. Kay was sentenced to 27 months' imprisonment. On appeal, Kay challenged the imposition of the § 3C1.1 enhancement, arguing that his pre-investigative conduct was not "likely to thwart" the investigation of the offense, as required by application note 1 in the commentary to § 3C1.1.The United States District Court for the District of Utah initially reviewed the case. The court found that Kay's act of hiding the firearm in the trunk was sufficient to warrant the obstruction of justice enhancement. The court noted that Kay's conduct was purposefully calculated to obstruct justice and that the firearm was hidden in a manner that was likely to thwart the investigation.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court's decision, holding that the district court did not clearly err in finding that Kay's conduct was likely to thwart the investigation. The Tenth Circuit noted that the firearm was hidden behind multiple barriers in the trunk, and the officers only discovered it after Kay's son directed them to the trunk. The court concluded that the district court's finding was plausible and permissible in light of the entire record, and thus, the obstruction enhancement under § 3C1.1 was appropriately applied. View "United States v. Kay" on Justia Law

The case involves the appeal of Lev Aslan Dermen, who was convicted of conspiracy to commit mail fraud, conspiracy to commit money laundering offenses, and money laundering. The charges stem from a scheme orchestrated by Dermen and his co-conspirators to file false claims for federal biofuel incentives, resulting in over $500 million in fraudulent payouts. The scheme involved laundering the fraud proceeds through various channels, including domestic and foreign entities and accounts.In the lower court, the United States District Court for the District of Utah conducted a seven-week trial, after which the jury convicted Dermen on all counts. Dermen was sentenced to forty years in prison and ordered to forfeit assets and pay a money judgment. Dermen raised several issues on appeal, including juror misconduct, the impact of the COVID-19 pandemic on the trial, alleged Brady violations, improper expert testimony, insufficient evidence for some convictions, and errors in sentencing and forfeiture orders.The United States Court of Appeals for the Tenth Circuit reviewed Dermen's appeal. The court rejected all of Dermen's arguments, affirming the lower court's decisions. The court found no abuse of discretion in the district court's handling of juror misconduct and the impact of COVID-19. It also held that the alleged Brady violations were not material, the expert testimony was properly admitted, and the evidence was sufficient to support the convictions. The court upheld the sentencing and forfeiture orders, finding no error in the district court's application of the preponderance-of-the-evidence standard and its admission of hearsay evidence in the forfeiture proceedings. View "United States v. Dermen" on Justia Law

On August 3, 2020, the Kansas City Kansas Police Department responded to a drive-by shooting at the Butler family's home, associated with the Tasha Gang. The suspected shooter was Isaiah Shields of the rival BBUx2 Gang. Later that night, officers were fired upon by multiple shooters, injuring an ATF agent and a civilian. Officers suspected five individuals from the Tasha Gang, including Nadarius Barnes, were responsible for the retaliatory shooting.The United States District Court for the District of Kansas charged the five individuals with forcible assault of a federal officer and use of a firearm in furtherance of a crime of violence. The defendants moved to dismiss the firearm charge, arguing that the assault charge was not a crime of violence. The district court denied the motion, holding that the assault charge was a crime of violence. Barnes entered an unconditional guilty plea and was sentenced to 156 months' imprisonment, including an upward departure and variance from the guideline range.The United States Court of Appeals for the Tenth Circuit reviewed the case. Barnes argued that his conviction should be vacated because the assault charge was not a crime of violence and challenged the reasonableness of his sentence. The Tenth Circuit held that Barnes's unconditional guilty plea waived his right to challenge the conviction on the grounds that the assault charge was not a crime of violence. The court also found that the district court did not abuse its discretion in imposing an upward variance, as it conducted a detailed assessment of the relevant sentencing factors. The Tenth Circuit affirmed Barnes's conviction and sentence. View "United States v. Barnes" on Justia Law

G’Ante Butler was convicted of forcible assault of a federal officer and use of a firearm in furtherance of a crime of violence following a nine-day jury trial. The incident involved a retaliatory shooting at the home of a rival gang member, during which multiple shooters, including Butler, fired upon law enforcement officers and a civilian. Butler was found with a firearm and cell phone evidence linked him to the crime scene. He denied involvement, but co-defendant Chase Lewis testified against him, corroborated by substantial circumstantial evidence.The United States District Court for the District of Kansas admitted various pieces of evidence, including testimony from a neighbor and law enforcement officers. The jury found Butler guilty on both counts, and he was sentenced to 190 months’ imprisonment followed by five years of supervised release. Butler appealed, challenging the district court’s failure to give a limiting instruction on impeachment evidence, the admission of a neighbor’s testimony, and the prosecutor’s statements during closing arguments. He also argued cumulative error and contended that his § 924(c) conviction should be vacated because § 111(b) is not a crime of violence.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the district court’s failure to give a limiting instruction was harmless error due to the substantial evidence supporting the conviction. The court found no abuse of discretion in admitting the neighbor’s testimony, as it was relevant and not unduly prejudicial. The prosecutor’s closing statements were not plainly erroneous, and the jury was properly instructed on the government’s burden of proof. The court also rejected the cumulative error argument, as only one error was identified. Finally, the court affirmed that § 111(b) is a crime of violence, consistent with its precedent in United States v. Kendall. The Tenth Circuit affirmed the district court’s judgment. View "United States v. Butler" on Justia Law