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

Two Albuquerque police officers stopped a vehicle driven by the defendant after hearing excessive noise, suspecting a violation of city ordinances regarding vehicle mufflers. Upon stopping the car, the officers discovered the defendant had two outstanding misdemeanor bench warrants, which allowed for release upon posting bond. The officers arrested the defendant, citing both the warrants and a concern about possible illegal items in the car after observing ammunition. The defendant requested to pay the bond or have his mother retrieve the car, but the officers proceeded to impound the vehicle, citing its improper parking across two metered spots and concerns about public safety. During an inventory search prior to towing, officers found firearms, cash, and drugs.The United States District Court for the District of New Mexico denied the defendant’s motion to suppress the evidence found in the car. The court found that the initial stop was supported by reasonable suspicion of a traffic violation, that the impoundment was justified under community-caretaking functions despite mixed motives, and that the inventory search, though imperfectly documented, largely conformed to department policy. The defendant pleaded guilty but reserved the right to appeal the suppression ruling.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s denial of the motion to suppress. The appellate court held that the officers had reasonable suspicion to justify the traffic stop, that the impoundment was permissible under the community-caretaking exception even with mixed motives, and that the inventory search was reasonable despite incomplete documentation, as it was conducted pursuant to standard procedures and not solely for investigatory purposes. The court concluded that none of the defendant’s Fourth Amendment rights were violated and affirmed the conviction. View "United States v. Ulibarri" on Justia Law

The defendant was indicted on three federal charges related to the sexual abuse of a minor family member, with the alleged conduct spanning several years. The charges carried varying statutory penalties, with one count carrying a potential life sentence. The parties negotiated three separate plea agreements. The first agreement involved the defendant pleading guilty to the most serious count in exchange for dismissal of the other two, with a stipulated sentence of thirteen to fifteen years. The second agreement had the defendant pleading guilty to the two lesser counts, with the most serious count dismissed and no agreement as to sentence. The third agreement involved guilty pleas to all counts and a stipulated maximum sentence of 235 months. The victim and her family supported the plea agreements to avoid the trauma of trial.The United States District Court for the Northern District of Oklahoma rejected the first plea agreement, finding the stipulated sentence insufficient given the seriousness and duration of the abuse. After the parties’ motion to reconsider was denied, they entered the second plea agreement. The district court also rejected this agreement, reasoning that it improperly limited the court’s sentencing discretion by dismissing the count with the greatest sentencing exposure. The court accepted the third plea agreement and imposed a 235-month sentence. The defendant appealed, arguing the court abused its discretion in rejecting the first two agreements. The government agreed that the court erred in rejecting the second agreement.The United States Court of Appeals for the Tenth Circuit held that the district court acted within its discretion in rejecting the first, hybrid plea agreement, but abused its discretion in rejecting the second, which was a charge bargain. The appellate court found that the district court failed to show proper deference to prosecutorial discretion in charge bargains. The court vacated the convictions and sentence, remanding for reconsideration of the second plea agreement, but declined to reassign the case to a different judge. View "United States v. Papke" on Justia Law

Police in Cheyenne, Wyoming, responded to a call about an unconscious man in a vehicle and arrested Derek Ascherin after finding drug paraphernalia and nearly 24 grams of suspected fentanyl pills. During the investigation, law enforcement suspected that Traquevis Dewayne Hardy was supplying fentanyl to Ascherin. Officers obtained a warrant to search Hardy’s Facebook messages, which revealed communications about fentanyl transactions. Hardy was later arrested in April 2023 with nine fentanyl pills in his possession.A grand jury in the United States District Court for the District of Wyoming indicted Hardy for conspiracy to distribute at least 40 grams of fentanyl between July and December 2022. After a three-day trial, a jury found Hardy guilty. At sentencing, the district court attributed 1,773 grams of fentanyl to Hardy, relying in part on statements from a confidential source, and sentenced him to 168 months in prison. Hardy objected to the drug quantity calculation, arguing it was based on unreliable hearsay, but the district court overruled his objection. Hardy appealed his conviction and sentence.The United States Court of Appeals for the Tenth Circuit reviewed three issues: whether Hardy’s absence from an in-chambers evidentiary ruling violated due process, whether the district court erred in admitting evidence of his later possession of fentanyl under Federal Rule of Evidence 404(b), and whether the sentencing court erred in relying on uncorroborated hearsay to determine drug quantity. The Tenth Circuit held that Hardy’s absence from the in-chambers conference did not violate due process and that any error in admitting the Rule 404(b) evidence did not affect the verdict. However, the court found clear error in the sentencing court’s reliance on uncorroborated hearsay for drug quantity. The Tenth Circuit affirmed Hardy’s conviction, vacated his sentence, and remanded for resentencing. View "United States v. Hardy" on Justia Law

Raul Guzman was living in a camper trailer parked on property in Albuquerque, New Mexico, where the City had declared two buildings substandard and posted notices prohibiting anyone from residing in the structures or on the property. Despite these warnings, Guzman stayed in the trailer with the property owner’s permission. In September 2022, city code enforcement officers, accompanied by police, inspected the property. Upon finding Guzman in the trailer, officers entered, detained him, and discovered a firearm inside.A grand jury indicted Guzman for being a felon in possession of a firearm. He moved to suppress the evidence, arguing he had a reasonable expectation of privacy in the trailer because he had the owner’s permission to stay there and the posted notices did not specifically mention the trailer. The United States District Court for the District of New Mexico held an evidentiary hearing and denied the motion. The court found that, although Guzman may have had a subjective expectation of privacy, this expectation was not objectively reasonable because the posted notices made clear that residing on the property was unlawful. The court also found, in the alternative, that exceptions to the warrant requirement would have justified the officers’ actions. Guzman subsequently pleaded guilty but reserved the right to appeal the suppression ruling.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s decision. The Tenth Circuit held that Guzman lacked Fourth Amendment standing to challenge the search because he did not have a reasonable expectation of privacy in the trailer. The court reasoned that, given the explicit posted notices prohibiting residence on the property and Guzman’s admission that he read them, society would not recognize his expectation of privacy as reasonable. The court therefore affirmed the denial of the suppression motion. View "United States v. Guzman" on Justia Law

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