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

Hoping to remain in the United States from her native Jamaica, Defendant-Appellant Shannakay Hunter married a United States citizen. The government regarded the marriage as a sham and charged defendant with conspiracy and participation in a fraudulent marriage. A jury found her guilty on both charges. Defendant appealed, arguing that: (1) the district court should have required proof that defendant had married solely to evade the immigration laws; (2) the evidence of guilt was insufficient; (3) the marriage was “void” under state law; (4) the application of 8 U.S.C. 1325(c) resulted in a denial of equal protection, and (5) section 1325(c) is overbroad. Rejecting each argument, the Tenth Circuit affirmed. View "United States v. Hunter" on Justia Law

The Tenth Circuit answered the question posed by the issue on appeal in this case with a "yes:" whether a police officer who observed a handgun tucked in the waistband of a convenience store employee had reasonable suspicion that the employee was unlawfully carrying a deadly weapon in violation of federal law, and therefore justified a "stop-and-frisk." View "United States v. Rodriguez" on Justia Law

An Oklahoma jury convicted Bigler Jobe "Bud" Stouffer of first degree murder and shooting with intent to kill. He was sentenced to death for the murder and to life imprisonment for the shooting. The Oklahoma Court of Criminal Appeals affirmed on direct appeal and denied post-conviction relief. Stouffer sought habeas relief in federal court to challenge his conviction and sentence on nine grounds. The district court denied relief but granted a certificate of appealability on four. Upon review, the Tenth Circuit affirmed the denial of habeas relief on three of the four grounds. The Court reversed on the ground of jury tampering, and remanded the case back to the district court for an evidentiary hearing on that issue. View "Stouffer v. Workman" on Justia Law

An immigration judge found petitioner Nadia Maatougui removable for marriage fraud in 2004. Petitioner then asylum and four other forms of relief from removal. The Immigration Judge denied the requests, and the Board of Immigration Appeals affirmed. Petitioner claimed on appeal to the Tenth Circuit that the IJ and BIA erred in denying her a hardship waiver and cancellation of removal based on their credibility determinations and the weight they gave the evidence in her case. Under case law, the Tenth Circuit determined it did not have jurisdiction to overturn their credibility determinations or evidence weighing, and thus could not grant relief on that claim. Petitioner also claimed that changed conditions in her native Morocco and the ineffective assistance of her prior counsel at a hearing in 2004 merited reopening her case. The Tenth Circuit concluded petitioner failed to present new, material, previously unavailable evidence that justified reopening her case. View "Maatougui v. Holder, Jr." on Justia Law

Defendant-Appellant Daud Anwar pled guilty to making false threats to destroy buildings. The district court sentenced him to 24 months in prison and three years of supervised release. Defendant appealed only the four-level sentence enhancement he received under the United States Sentencing Guidelines for causing a “substantial disruption” to public “functions or services.” Finding no error in the district court's decision, the Tenth Circuit affirmed defendant's sentence. View "United States v. Anwar" on Justia Law

Plaintiff-Appellant Andrew Diversey sued several administrators and members of the Board of Regents of the University of New Mexico (UNM) for infringing his copyright to an unpublished dissertation. The district court dismissed plaintiff's complaint as untimely. The issue before the Tenth Circuit centered on the determination of when claims of copyright infringement accrue, and, in particular, whether accrual is delayed until a continuing course of infringement ceases. Barring the application of an appropriate tolling principle, a copyright infringement claim must be brought within three years of the date on which the plaintiff becomes aware of an act of infringement or becomes chargeable with knowledge of it. Applying this rule, the Court affirmed in part and reversed in part. View "Diversey v. Schmidly, et al" on Justia Law

Jeremy Myers challenged the district court's dismissal of his malicious prosecution claim, alleging violations of his Fourth and Fourteenth Amendment rights. Specifically, he argued that Detective Brian Koopman obtained an arrest warrant by fabricating facts to create the illusion of probable cause. As a result, Myers spent three days in custody. Upon careful consideration of the facts of this case, the Tenth Circuit concluded that the district court did not err in dismissing Myers’ Fourteenth Amendment claim because an adequate state remedy existed, but the district court improperly dismissed Myers’ Fourth Amendment malicious prosecution claim as untimely after recasting it as a claim for false imprisonment. View "Myers v. Koopman" on Justia Law

In an effort to save Quartz Mountain Aerospace, some of its investors and directors took out large loans from First State Bank of Altus for the benefit of the company. The Bank failed, and the Federal Deposit Insurance Corporation (FDIC) took over as receiver and filed suit to collect on the loans. The Borrowers raised affirmative defenses to the FDIC’s claims and brought counterclaims, alleging that the Bank’s CEO had assured them that they would not be personally liable on any of the loans. The district court granted summary judgment for the FDIC because the CEO’s alleged promises were not properly memorialized in the Bank’s records. The Borrowers appealed on two grounds: (1) that the district court should not have granted summary judgment before allowing them to conduct discovery, and (2) that the district court should have set aside the summary judgment because they presented newly discovered evidence of securities fraud by the Bank. The Tenth Circuit affirmed the district court on both of the Borrowers' claims. View "FDIC v. Arciero, et al" on Justia Law

Defendant Officer Patricia Yazzie appeals the district court's denial of qualified immunity in this case that alleged wrongful arrest and imprisonment (Count I) and illegal seizure of property (Count II). This case was an interlocutory appeal following the district court's ruling in an action brought by Spero Panagoulakos pursuant to 42 U.S.C. sections 1983 and 1988, and 28 U.S.C. 1343. Upon careful consideration of the district court record, the Tenth Circuit found that the officer was entitled to qualified immunity because "no clearly established law imposed on her a duty to release Panagoulakos following his lawful arrest after [a] traffic stop." View "Panagoulakos v. Yazzie, et al" on Justia Law

Two prison guards had sexual intercourse with Plaintiff-Appellant Stacey Graham while she was in solitary confinement at the Logan County Jail in Oklahoma. The guards confessed and were fired immediately. Plaintiff sought damages in a civil-rights complaint against the two guards and the county sheriff. She alleged a violation of the Eighth Amendment. The federal district court granted the defendants' motion for summary judgment on the ground that the sexual acts were consensual. The Tenth Circuit affirmed the district court's decision: "[a]lthough we recognize a need to examine consent carefully in the prison context, this case does not present a factual issue with regard to Ms. Graham's consent." View "Graham v. Sheriff of Logan County, et al" on Justia Law