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

Defendant Donald Blackbird attempted to sexually abuse his fifteen-year-old granddaughter. He pleaded guilty to the offense, and the district court sentenced him to sixty months’ imprisonment. At sentencing, the district court applied a sentence enhancement, which increased his base offense level because “the minor was in the custody, care, or supervisory control of the defendant” at the time of the attempted sexual abuse. Defendant appealed, arguing the government presented no evidence he had custody, care, or supervisory control of his granddaughter at the time of the attempted abuse. The Tenth Circuit concurred with this reasoning, finding that because the government failed to show that Defendant exercised “custody, care, or supervisory control” over the victim, it vacated the sentence and remanded for resentencing. View "United States v. Blackbird" on Justia Law

Petitioner George Ezell was a conductor for BNSF Railway Company. In 2014, the trainmaster directed Ezell to detach twenty ballast-loaded railcars from a train about to enter the Enid, Oklahoma train yard. To detach, Ezell had to climb railcar ladders to see which cars were more than half full of ballast. Ezell safely performed this method for five or six railcars, but while inspecting the next railcar, his left hand slipped from the flange after he had let go of the ladder rung with his right hand. He was unable to resecure a grip with either hand and fell several feet to the ground, fracturing his right leg, right ankle, and left foot. He sued BNSF under the Federal Employers Liability Act (FELA) for failing to provide him with a reasonably safe place to work. BNSF moved for summary judgment, arguing that its railcar complied with the governing safety regulations and that Ezell had offered no evidence of BNSF’s negligence. “Ezell’s proffering what he believes are safer alternatives does not show negligence.” The Tenth Circuit Court of Appeals determined the evidence established that to do their jobs railroad conductors need to climb the ladders, and that this was a reasonably safe activity. For that reason, the Court agreed with the district court’s dismissal of this case. View "Ezell v. BNSF Railway Company" on Justia Law

Defendant Rodolfo Gonzalez-Fierro, a Mexican citizen, challenged his conviction for unlawfully re-entering the United States after a prior removal. That conviction was based in part on Gonzalez-Fierro’s prior expedited removal from the United States in 2009. Due process required that, before the United States can use a defendant’s prior removal to prove a 8 U.S.C. 1326(a) charge, “there must be some meaningful review” of the prior administrative removal proceeding. In light of that, Congress provided a mechanism in section 1326(d), for a defendant charged with a section 1326(a) offense to challenge the fundamental fairness of his prior unreviewed removal. But, pursuant to 8 U.S.C. 1225(b)(1)(D), the section 1326(d) mechanism applied only to prior formal removal orders, and not to prior expedited removal orders like Gonzalez-Fierro’s. "Expedited removals apply to undocumented aliens apprehended at or near the border soon after unlawfully entering the United States. Different from formal removals, expedited removals are streamlined - generally there is no hearing, no administrative appeal, and no judicial review before an expedited removal order is executed." Applying the Supreme Court’s reasoning in United States v. Mendoza-Lopez, 481 U.S. 828 (1987), the Tenth Circuit concluded section 1225(b)(1)(D) was unconstitutional because it deprives a defendant like Gonzalez-Fierro of due process. Without section 1225(b)(1)(D), the Court reviewed Gonzalez-Fierro's 2009 expedited removal order, and concluded he failed to establish that removal was fundamentally unfair. On that basis, the Court affirmed Gonzalez-Fierro's section 1326(a) conviction. View "United States v. Gonzalez-Fierro" on Justia Law

A group of 122 detention officers who work or worked at Otero County Prison near Chaparral, New Mexico, alleged that their employer, Management & Training Corporation (MTC), failed to pay them for certain activities that they engaged in before they arrived at, when they arrived at, and after they left their posts within the prison. According to the officers, these activities constituted compensable work, so MTC’s failure to pay violated both the Fair Labor Standards Act (FLSA) of 1938, and the New Mexico Minimum Wage Act. The Tenth Circuit concurred that in the context presented, the officers' activities constituted compensable work. The Court rejected MTC's arguments that : (1) the time the officers devoted to these activities was de minimis; and (2) it need not pay the officers for these activities because it did not know the officers were engaging in them. Additionally, the Court concluded that the officers’ rounding claim survived summary judgment. As such, the district court's order awarding summary judgment to MTC, and remanded for further proceedings. View "Aguilar v. Management & Training" on Justia Law

This case arose out of a fraudulent business scheme involving the sale of the “Scrubbieglove” cleaning product. Defendant Pasquale Rubbo and other co-conspirators lied to investors to solicit money, ultimately defrauding them of more than six million dollars. The conspirators lured potential investors to the “Scrubbieglove” by lying about high returns on investment, potential and ongoing business deals, and how they would use and invest funds. They also misrepresented the Scrubbieglove’s production demand, telling told investors that the Scrubbieglove required substantial financing because of deals with QVC, Wal-Mart, Walgreens, and other major retailers. In reality, beyond producing a few samples, the conspirators never manufactured any Scrubbiegloves. Instead, the conspirators transferred investor funds to their own personal bank accounts. Defendant’s primary role in the scheme involved intimidating and threatening investors to ensure their silence. Defendant pleaded guilty to two fraud-related charges, and was sentenced to 106 months’ imprisonment. He appealed his sentence, alleging the government breached the Plea Agreement. Finding no breach, the Tenth Circuit affirmed Defendant’s sentence. View "United States v. Rubbo" on Justia Law

Defendant-appellant Brian Tony was convicted of first-degree murder for the fatal stabbing of Pat Garcia during a fight. Before trial, Tony sought to introduce evidence that Garcia had used methamphetamine before the fight. The district court excluded the evidence, and Tony argued that the evidence should have been allowed into evidence. The Tenth Circuit determined the district court excluded the evidence for a reason unsupported by the record. Thus, it reversed and remanded for a new trial. View "United States v. Tony" on Justia Law

At issue here were three EPA orders granting extensions of the small refinery exemption to the Clean Air Act (“CAA”). Those orders were not made available to the public, and were challenged by a group of renewable fuels producers who claimed they found out about the extensions through news articles or public company filings (“the Biofuels Coalition”), and their petition to the Tenth Circuit Court of Appeals raised multiple questions. The EPA opposed the Biofuels Coalition’s appeal, as did the three recipients of the small refinery extensions, who were granted leave to intervene. The Tenth Circuit concluded: (1) the Biofuels Coalition had standing to sue; (2) the Tenth Circuit had jurisdiction over this dispute; (3) the amended Clean Air Act allowed the EPA to grant an “extension” of the small refinery exemption, but not a stand-alone “exemption” in response to a convincing petition; and (4) the EPA exceeded its statutory authority in granting those petitions because there was nothing for the agency to “extend” because none of the three small refineries here consistently received an exemption in the years preceding its petition. The Tenth Circuit rejected the Biofuels Coalition’s claim that the EPA read the word “disproportionate” out of the statute, and disagreed with almost all of the Biofuels Coalition’s assertions that the EPA acted arbitrarily and capriciously in granting the extension petitions. The Tenth Circuit held the agency abused its discretion, however, by failing to address the extent to which the three refineries were able to recoup their compliance costs by charging higher prices for the fuels they sell. “The EPA has studied and staked out a policy position on this issue. One of the refineries expressly raised the issue in its extension petition. It was not reasonable for the agency to ignore it.” View "Renewable Fuels Assn. v. EPA" on Justia Law

Defendant-Appellant Mark Berg entered a conditional guilty plea to one count of possession of 100 kilograms or more of marijuana with intent to distribute. Berg appealed his conviction, claiming the district court erred by refusing to suppress evidence seized after a traffic stop. Specifically, Berg argued law enforcement lacked the reasonable suspicion of criminal activity necessary to detain him after the initial stop ended. Taking the totality of the circumstances, including facts indicating Berg was traveling in tandem with two escort vehicles and Berg’s rental car was packed in a manner inconsistent with his assertion he was moving his possessions from one state to another, the Tenth Circuit concluded law enforcement had reasonable suspicion, thus affirming denial of Berg's motion suppress. View "United States v. Berg" on Justia Law

Plaintiff-Appellant Roger Hill appealed a district court's dismissal of his complaint for failure to state a claim (Fed. R. Civ. P. 12(b)(6)) -- specifically for lack of prudential standing. Hill was a fly fisherman who preferred to fish at a favorite spot in the Arkansas River. Defendants-Appellees Mark Everett Warsewa and Linda Joseph (Landowners) contended they owned the Arkansas riverbed up to its centerline at the spot at which Hill preferred to fish. Hill contended this segment of the river was navigable for title at the time Colorado was admitted to the United States and that title to the riverbed consequently vested in the state at admission under Article IV of the Constitution and the Equal Footing Doctrine. According to Hill, the state holds this title in trust for the public, subject to an easement for public uses such as fishing. Defendant-Appellee State of Colorado agreed with the Landowner-Appellees that this segment of the river was non-navigable for title at statehood and was privately owned. The district court found that Hill lacked prudential standing because he asserted a generalized grievance and rested his claims on the rights of the state. The Tenth Circuit reversed. Hill alleged he had a specific, legally protected right to fish resulting from alleged facts and law. "The other parties and amici may ultimately be correct that Colorado law does not actually afford Mr. Hill the right to fish that he asserts, even if he can prove navigability as a factual matter. But in this regard 'far-fetchedness is a question to be determined on the merits.'" The Court assumed Hill’s claim had “legal validity” and concluded that he asserted his own rights, not those of Colorado, for prudential standing purposes. View "Hill v. Warsewa" on Justia Law

Defendant-Appellant Adam Sadlowski entered a conditional plea of guilty to being a felon in possession of a firearm, reserving the right to appeal the district court’s denial of his motion to suppress. He was sentenced to 51 months' imprisonment and three years' supervised release. On appeal, he argued the district court erred because: (1) the state metropolitan court lacked jurisdiction to issue a felony-related search warrant; (2) the warrant’s issuance violated Rules 4.1 and 41 of the Federal Rules of Criminal Procedure; (3) the warrant was deficient for lack of probable cause and particularity; and (4) he was entitled to a Franks hearing. Finding no reversible error, the Tenth Circuit affirmed. View "United States v. Sadlowski" on Justia Law