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

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

Defendant–Appellant Dhanzasikam Toledo appealed his conviction for voluntary manslaughter. Defendant is an enrolled member of the Navajo Nation, and lived with his mother and step-father within the borders of the Navajo Nation. The families lived on the same parcel of land (about 125 yards away), separated by a barbed-wire fence. Everyone lived in relative harmony until an argument flared over money; alcohol and racism had strained their relations. Defendant and his mother, both devout in their Navajo beliefs, thought that "skinwalkers" would come onto and around their land; Defendant believed his uncle Arvin, was versed in the "skinwalker way." According to Sanders, Arvin did this "almost [running]" toward the fence and came "nose tip to nose tip" with Defendant. Sanders perceived Defendant to say "I'm not afraid of you" and knock Arvin to the ground. In reality, Defendant had fatally stabbed Arvin. At trial, Defendant testified that he had no intention of killing his uncle and that his only intent in the moment of the stabbing was to defend himself. In addition to Arvin's physique and temperament, Defendant testified that he had a very real fear of his uncle's supernatural abilities. A federal grand jury indicted Defendant for second degree murder. After the close of evidence, the district court indicated its skepticism as to whether the evidence supported the defense's theories of self-defense and involuntary manslaughter. The court instructed the jury on only second degree murder and voluntary manslaughter. The jury acquitted Defendant of second degree murder and convicted him of voluntary manslaughter. Defendant was sentenced to 76 months' imprisonment followed by a three-year term of supervised release. Defendant appealed the district court's refusal to instruct the jury on self-defense and the lesser included involuntary manslaughter. The Tenth Circuit concluded after its review that a reasonable jury could have concluded that Defendant's actions were a reasonable response to the threat he perceived from Arvin. Further, the evidence also could have supported that Defendant's actions, though taken in self-defense, were less than reasonable and amounted to criminal negligence. The district court therefore erred in denying an involuntary manslaughter instruction. The case was reversed and remanded for a new trial. View "United States v. Toledo" on Justia Law

Defendant–Appellee Michael Ko was sentenced to sixty months' imprisonment for a federal conviction of conspiracy to distribute methamphetamine. Defendant was committed to the custody of the Federal Bureau of Prisons ("BOP") and served most of his sentence in prison. With six months left in his sentence, however, the BOP transferred Defendant to the Grossman Community Corrections Center. With approximately four months left in his sentence, the BOP transferred Defendant to confinement at his home in Leavenworth. Before transferring, Defendant signed a Community Based Program Agreement with the BOP, recognizing that, even though he enjoyed relative freedom in his own home, he would "legally remain in the custody of the Bureau of Prisons and/or the U.S. Attorney General." One evening Defendant was late returning home, and his bracelet alerted the Grossman Center. After multiple unsuccessful attempts to locate or contact Defendant, the Grossman Center contacted the U.S. Marshals, resulting in a complaint charging Defendant with escape and a warrant for his arrest. Defendant was later arrested in Kansas City. A federal magistrate judge dismissed the criminal complaint against Defendant, concluding that he was not in "custody" at the time of his alleged escape. A federal grand jury subsequently indicted Defendant on an identical charge, issuing a superseding indictment. The district court granted Defendant's motion to dismiss the superseding indictment. The court agreed with the magistrate judge’s earlier holding that the statute under which Defendant was charged did not contemplate absconding from home confinement. The court concluded that, in "the absence of Supreme Court or Tenth Circuit precedent addressing the facts of this case," the rule of lenity required dismissal. The Tenth Circuit reversed and remanded that dismissal: the terms of Defendant's imprisonment entailed constant monitoring, a monitoring bracelet, and spatial and temporal bounds. "In that way, the restrictions on his life in home confinement were sufficiently limiting so as to constitute custody under [the statute]. So long as a prisoner is confined to serve a term of imprisonment at a place designated by the BOP, he is in 'custody' and liable for escape." View "United States v. Ko" on Justia Law

A grand jury charged Officer Harold Wells and two others with multiple offenses relating to the performance of their official duties. Following trial, a jury convicted Wells on two counts of violating federal drug laws and two counts of theft of government funds. The other two defendants were acquitted on all counts. On appeal, Wells argued: (1) the district court erred in ruling he had no expectation of privacy while conducting a consent-based search of a motel room outside the presence of the room’s occupant; (2) the drug convictions were not supported by sufficient evidence; (3) the district court erred in excluding certain audio recordings contained on a key fob; and (4) the district court erred when it denied his motion for a mistrial after a government witness testified about the possibility he had previously negotiated a plea deal with the government. Finding no reversible error, the Tenth Circuit affirmed. View "United States v. Wells" on Justia Law

Defendant-Appellant Edward Christy appealed a district court order granting in part the government's motion to reconsider and denying his motion to suppress on the basis of the inevitable discovery doctrine. Christy met K.Y. on AgeMatch.com, a dating website, and the two exchanged sexually explicit emails and photographs. Christy arranged to pick K.Y. up from her home in Westminster, California, and bring her to his home in Albuquerque, which he did. K.Y.'s parents later reported her missing. FBI Task Force Officers Carvo and Fletes investigated K.Y.'s disappearance. Using her telephone records, they found that K.Y. received three calls from Christy around the time of her disappearance and obtained Christy's address and other information from his cellular provider. Christy was indicted by a federal grand jury, charged with one count of transportation with intent to engage in criminal sexual activity, and three counts of possession of matter containing visual depictions of minors engaged in sexually explicit conduct. He moved to suppress all evidence obtained as a result of the warrantless search of his house, including his statements to the detective and all evidence obtained pursuant to the search warrants. The district court found that the deputies violated the Fourth Amendment when they entered Christy's house without a warrant, and granted the motion to suppress. The government moved for reconsideration, which the court granted to consider (inter alia) whether the illegally seized evidence was nonetheless admissible under the inevitable discovery doctrine. The court determined that, absent the illegal search, Officer Carvo would have legally obtained a warrant and discovered the evidence, thus, the court denied Christy's motion to suppress. Upon review, the Tenth Circuit concluded that the district court did not abuse its discretion in granting the motion to reconsider and correctly applied the inevitable discovery doctrine. View "United States v. Christy" 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

Marcia Eisenhour sued Weber County, three of its county commissioners, and a state judge. According to Eisenhour, the judge sexually harassed her and the County retaliated against her for reporting the harassment. She claimed violations of Utah's Whistleblower Act, the First Amendment, the Fourteenth Amendment’s Due Process and Equal Protection Clauses, and Title VII. The district court granted summary judgment to the defendants on all claims. Eisenhour challenged that ruling and the district court’s exclusion of her testimony on disciplinary proceedings involving the judge. Upon review, the Tenth Circuit affirmed: (1) the exclusion of Eisenhour's testimony during the disciplinary proceedings involving Judge Storey; and (2) the award of summary judgment on the claims against the County for violation of the Fourteenth Amendment’s Equal Protection and Due Process Clauses, liability under Title VII, and violation of the Whistleblower Act relating to the refusal to rehire her. However, the Court concluded that genuine issues of material fact existed on: (1) the claim against the County under the Whistleblower Act and the First Amendment claim based on closing of the Justice Court; and (2) the claims against Judge Storey based on the Fourteenth Amendment's Equal Protection Clause. View "Eisenhour v. Weber County, et al" on Justia Law

The City of Greenwood Village, Colorado fired Police Sergeant Patrick Cillo after an incident involving officers under his command. Sgt. Cillo alleged the City's real motive for firing him was opposition to the union chapter he led. Sgt. Cillo and his union sued the City and three individuals. The district court granted summary judgment for Defendants on all claims. Upon review, the Tenth Circuit concluded that Sgt. Cillo survived summary judgment as to the first three "Pickering/Connick" factors and that the individual defendants were not entitled to summary judgment on qualified immunity grounds. The district court's judgment was reversed and the case remanded for further proceedings. View "Cillo, et al v. City of Greenwood Vilage, et al" on Justia Law

Plaintiff-Appellant Gerald Eller argued that since the 1990's, defendant-appellee Trans Union, LLC included multiple erroneous entries on his credit report. In this third case against the company, plaintiff brought his claims under the Fair Credit Reporting Act. Specifically, plaintiff argued that Trans Union willfully and negligently violated the FCRA with the entries on his report. Trans Union counterclaims, arguing that plaintiff had breached the terms of a 2006 settlement agreement. A jury returned a verdict in Trans Union's favor on all issues. Plaintiff appealed, arguing multiple errors at trial. Finding none, the Tenth Circuit affirmed. View "Eller v. Trans Union" on Justia Law