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

Defendant Richard Wyss pled guilty in December 2008 to one count of making false statements to the Federal Transportation Security Administration (TSA). Defendant concealed from TSA that he was working full-time for the Utah Department of Public Safety (DPS) while also employed full time by TSA. In his plea agreement and at his plea hearing, Defendant agreed he owed DPS $188,548.92 in restitution. The district court sentenced Defendant to three years probation. Over 40 months after his sentencing hearing, Defendant filed a motion asking the district court to grant him credit against the order of restitution. He claimed he was entitled to credit based on annual, sick, and holiday leave he earned while at DPS. DPS objected to Defendant’s motion; the Government did not submit a response. At an evidentiary hearing two weeks later, the district court squarely rejected the Government’s argument that the court lacked authority to reduce the amount of restitution Defendant owed DPS. The issue before the Tenth Circuit on appeal was whether 18 U.S.C. 3563(c) authorized the court to modify the restitution order imposed pursuant to the Mandatory Victim Restitution Act (MVRA) over three years after the judgment of sentence became final. The Tenth Circuit concluded section 3563(c) did not authorize the district court to modify the order and reversed. View "United States v. Wyss" on Justia Law

Denver police arrested Marvin Booker on a warrant for failure to appear at a hearing regarding a drug charge. During booking, Booker died while in custody after officers restrained him in response to alleged insubordination. Several officers pinned Booker face-down to the ground, one placed him in a chokehold, and another tased him. The officers sought medical help for Booker, but he could not be revived. Booker’s estate sued Deputies Faun Gomez, James Grimes, Kyle Sharp, Kenneth Robinette, and Sergeant Carrie Rodriguez, alleging they used excessive force and failed to provide Booker with immediate medical care. Defendants moved for summary judgment on qualified immunity grounds. The district court denied their motion because disputed facts precluded summary judgment. The Defendants appealed, but finding no reversible error, the Tenth Circuit affirmed. View "Estate of Marvin L. Booker, et al v. Gomez, et al" on Justia Law

Petitioners-Appellants Esgar Corporation, George and Georgetta Tempel, and Delmar and Patricia Holmes appealed two United States Tax Court decisions, arguing that the Tax Court erred in valuing conservation easements they claimed as charitable deductions and in determining the holding period of state tax credits they sold. Upon careful consideration of the facts of this case and the Tax Court's decision, the Tenth Circuit found no reversible error and affirmed that court's decision. View "Esgar Corporation, et al v. Comm'r of Internal Rev." on Justia Law

Rolland Goodin worked in coal mines for 25 years, and smoked cigarettes for more than 40 years. He developed a respiratory condition and filed for benefits under the Black Lung Benefits Act (BLBA). An Administrative Law Judge awarded Goodin benefits. His employer, Antelope Coal Company/Rio Tinto Energy America appealed, but the Department of Labor Benefits Review Board affirmed. Antelope's primary argument on appeal to the Tenth Circuit was that the ALJ wrongly limited its options to rebut a regulatory presumption that Goodin's work as a coal miner caused his respiratory condition. After review, the Tenth Circuit affirmed the award of benefits: "Antelope's arguments are more a matter of disagreement with the ALJ's assessment of the evidence as opposed to whether he considered the evidence at all. We may not reweigh the evidence but can only determine whether substantial evidence supported the decision." View "Antelope Coal Company/Rio v. Goodin" on Justia Law

The Securities and Exchange Commission (SEC) brought a civil enforcement action against Defendant-Appellees GeoDynamics, Inc., its managing director Jeffory Shields, and several other business entities affiliated with Shields, alleging securities fraud in connection with four oil and gas exploration and drilling ventures Shields marketed to thousands of investors as Joint Venture Agreements (JVAs). The district court granted defendants' 12(b)(6) motion to dismiss. The SEC appealed, contending that despite their labels as JVAs, the investment agreements were actually "investment contracts" and thus "securities" subject to federal securities regulations. Because it could not be said as a matter of law that the investments at issue were not "investment contracts," the Tenth Circuit reversed. View "SEC v. Shields, et al" on Justia Law

Pro se defendant-appellant Charles Baldwin was convicted for violating two federal regulations: failing to comply with directions of federal police officers, and for "loitering, exhibiting disorderly conduct or exhibiting other conduct" on federal property that "imped[ed] or distrup[ed] the performance of official duties by" government employees. Defendant worked as an attorney for the Department of the Interior. The charges arose when, leaving for work, defendant sped through the parking lot, and swerved to miss hitting a bicyclist. A Federal Protective Service officer wanted to issue defendant a warning, but before he could finish, defendant drove off, ignoring the officer's commands to stop. The officer followed defendant off federal grounds, stopped defendant again, and asked for license, registration and proof of insurance. Defendant refused to comply, had to be forced from his vehicle, and was eventually restrained with handcuffs. Among other things, defendant argued that violating the two federal regulations wasn't a crime; they were administrative rules or policies that carried no penalty. And that even if they were crimes, defendant contended he didn't act with the sufficient mens rea to be held criminally culpable. The Tenth Circuit reviewed the circumstances of this case. And while the regulations "certainly do delineate policy, . . .that isn't all they do. Another section of the same regulatory 'subpart' expressly provides that the very sections Mr. Baldwin violated can be enforced through criminal sanctions." Furthermore, the Court found that "a law's silence about mens rea doesn't necessarily mean violating it isn't a crime." The Court affirmed defendant's convictions. View "United States v. Baldwin" on Justia Law

In 2010, three individuals ran for the Colorado House of Representatives, House District 61: Kathleen Curry was a write-in candidate; Roger Wilson was the Democratic nominee, and Luke Korkowski was the Republican nominee. Under Colorado law, individual contributions to Ms. Curry were capped at $200, and individual contributions to each of her opponents were capped at $400. Contributors to Ms. Curry’s campaign sued state officials under 42 U.S.C. 1983, claiming violation of the First Amendment and the Fourteenth Amendment’s Equal Protection Clause. The district court rejected the claims and granted summary judgment to the state officials. The Tenth Circuit reversed on the equal-protection claim; and in light of this, declined to address the summary-judgment ruling on the First Amendment claims. View "Riddle v. Hickenlooper" on Justia Law

Appellants are five farmers who planted corn on newly broken, non-irrigated acreage in Baca County, Colorado, in the spring of 2008. Appellee Federal Crop Insurance Corporation denied federal crop insurance coverage for corn that Appellants planted, determining that coverage should have been denied because Appellants failed to follow good farming practices by planting on this newly broken land without first allowing a fallow period. After they each received an unfavorable good farming practices determination, Appellants filed suit, arguing the agency acted arbitrarily or capriciously in denying federal crop insurance coverage. Finding that the agency did not act arbitrarily or capriciously, the Tenth Circuit affirmed the district court and agency's decision. View "Jagers v. Federal Crop Insurance Corp" on Justia Law

Rebecca Mays appealed the denial of her application for disability benefits. After careful consideration of the Social Security Administration's decision and the district court order affirming the Administration's decision, the Tenth Circuit found no reversible error. View "Mays v. Colvin" on Justia Law

Council Tree Investors, Inc. requested nullification of the FCC's auction of the 700-MHz wireless spectrum conducted in early 2008 pursuant to a Waiver Order. Council Tree filed a Petition for Reconsideration of the Waiver Order in 2007, as well as a Supplement to the Waiver Reconsideration Petition in 2011. In its Waiver Reconsideration Order, the FCC dismissed the Waiver Reconsideration Petition as moot and dismissed the Supplement as untimely. Finding no reversible error, the Tenth Circuit affirmed the FCC's decision. View "Council Tree Investors, Inc., et al v. FCC" on Justia Law