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

David Berryhill, Jr. was pulled over by Oklahoma Highway Patrol for a traffic violation. During the stop, a K-9 unit alerted to his vehicle, leading to a search that uncovered a significant amount of methamphetamine and cash. Berryhill admitted to transporting the drugs for payment. He was indicted for possession with intent to distribute 500 grams or more of methamphetamine and pleaded guilty without a plea agreement.The United States District Court for the Eastern District of Oklahoma sentenced Berryhill. He requested a mitigating-role adjustment, arguing he was merely a courier. The court denied this request, finding his role more significant based on the quantity of drugs and his involvement in the trafficking operation. Berryhill was sentenced to 168 months in prison.Berryhill appealed to the United States Court of Appeals for the Tenth Circuit, arguing the district court applied the wrong legal standard by not comparing his role to other participants in the criminal activity. The Tenth Circuit acknowledged the district court's error in not conducting a relative-culpability analysis but concluded the error was not clear or obvious due to ambiguous language in prior case law. Consequently, the Tenth Circuit affirmed Berryhill’s sentence, holding that while the district court erred, the error did not meet the plain-error standard’s requirement of being clear or obvious. View "United States v. Berryhill" on Justia Law

Cedric Lofton, a seventeen-year-old juvenile, died while in the custody of the Juvenile Intake Assessment Center (JIAC) in Sedgwick County, Kansas. Lofton, experiencing a mental health crisis, was placed in a prone restraint by JIAC officers for over forty minutes, leading to his death from cardiac arrest. Marquan Teetz, representing Lofton's estate, filed a § 1983 action against the officers, alleging excessive force.The United States District Court for the District of Kansas denied the officers' motion for summary judgment on the excessive force claims, finding disputes of material fact. Specifically, the court noted that surveillance footage, although lacking audio, could support Teetz's version of events that Lofton had stopped resisting, making the continued use of force potentially excessive.The officers appealed to the United States Court of Appeals for the Tenth Circuit, arguing that the district court's finding of a factual dispute was "blatantly contradicted" by the record and that the court failed to properly analyze whether the law clearly established that their use of force was unconstitutional.The Tenth Circuit affirmed the district court's decision, holding that the use of a prolonged prone restraint on a subdued suspect constitutes excessive force. The court emphasized that the facts, viewed in the light most favorable to Teetz, showed that Lofton was no longer resisting at some point during the restraint. The court also held that it was clearly established law that applying pressure to a suspect's back while in a prone position after being subdued is unconstitutional due to the significant risk of asphyxiation and death. Thus, the officers were not entitled to qualified immunity. View "Teetz v. Stepien" on Justia Law

A father was accused of sexually abusing and assaulting his 11-year-old daughter over the course of a single day. The daughter testified to three separate incidents: in the family’s toy room, the father touched her chest through her clothes and showed her a pornographic video; in the school room, he told her they would have vaginal sex that night, described the pain she would experience, touched her vagina through her clothes, and made her touch his exposed penis; later, while driving her to a store, he touched her again, showed more pornographic videos, and, after stopping on a dirt road, moved her onto his lap, sucked on her chest, touched her vagina, kissed her, and asked if she was sure about having sex.A jury in the United States District Court for the Northern District of Oklahoma found the father guilty of abusive sexual contact with a minor under 12 and assault with intent to commit aggravated sexual abuse. After the verdict, the district court entered a judgment of acquittal on the assault charge, reasoning that the evidence was insufficient because the father had said the sex would occur later that night, not immediately. The government moved for reconsideration, and the district court reinstated the conviction, concluding that a reasonable jury could have found both assault and the required intent.The United States Court of Appeals for the Tenth Circuit reviewed three issues: whether the district court plainly erred by not instructing the jury to agree on a specific incident of sexual contact, whether the district court could reinstate the assault conviction after acquittal, and whether sufficient evidence supported the assault conviction. The court held that the omission of a specific unanimity instruction did not affect the defendant’s substantial rights, that the district court could correct its mistaken acquittal without violating the Double Jeopardy Clause, and that sufficient evidence supported the assault conviction. The convictions were affirmed. View "United States v. Roark" on Justia Law

Eric Coomer, Ph.D., the former Director of Product Strategy and Safety at Dominion Voting Systems, Inc., filed a defamation lawsuit against several defendants, including Make Your Life Epic, LLC, Reopen America, LLC, and Clayton Thomas Clark. Joseph Oltmann, a nonparty to the lawsuit, was subpoenaed to testify and produce documents. Oltmann initially appeared for his deposition but left without authorization and later boasted about his actions on his podcast, disparaging the magistrate judge and suggesting violence.The United States District Court for the District of Colorado held Oltmann in civil contempt for failing to comply with the subpoena and court orders. The court imposed a $1,000 per day fine until Oltmann complied and ordered him to pay attorney’s fees and costs. Oltmann appealed the Contempt Order, arguing that he properly invoked the newsperson’s privilege and that his due process rights were violated because the district court did not hold a hearing before issuing the Contempt Order.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s Contempt Order. The appellate court held that Oltmann waived his arguments by not raising them specifically in his objections to the magistrate judge’s recommendations. The court also found that the district court did not abuse its discretion in issuing the Contempt Order without a second hearing, as the material facts were undisputed. The appellate court further imposed sanctions on Oltmann, ordering him to pay Coomer’s reasonable expenses, including attorney’s fees and costs associated with the appeal, and remanded the case to the district court to determine the amount. View "Coomer v. Make Your Life Epic" on Justia Law

Defendants Jerrold Chavarria and Jerry Romero were accused of kidnapping and murdering a woman in Eddy County, New Mexico. They were charged with the federal crime of kidnapping resulting in death under 18 U.S.C. § 1201(a). The indictment claimed that the defendants used a motor vehicle, a Jeep, as an instrumentality of interstate commerce in committing the crime. However, the indictment did not provide details on how the kidnapping affected interstate commerce.The United States District Court for the District of New Mexico dismissed the superseding indictment, ruling that it lacked an adequate nexus to interstate commerce. The court found that the use of a motor vehicle alone, without more, was insufficient to establish federal jurisdiction under the Commerce Clause.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that not all motor vehicles are per se instrumentalities of interstate commerce. It emphasized that for an object to be considered an instrumentality of interstate commerce, it must serve the end of commerce. The court found that the government’s indictment was insufficient because it did not allege how the use of the motor vehicle in this case affected interstate commerce. The Tenth Circuit affirmed the district court’s dismissal of the superseding indictment, concluding that the federal kidnapping statute did not apply in this instance due to the lack of a sufficient connection to interstate commerce. View "United States v. Chavarria" on Justia Law

On December 21, 2022, Oklahoma City Police officers received a tip that Karen Gonzalez, who had an outstanding arrest warrant, was at a Days Inn. Officers surveilled the area and followed a car they believed she entered to a gas station. They confirmed her identity and arrested her. Jonas Tyler, who was near the car, was detained, handcuffed, and placed in a police car. Despite his compliance and lack of suspicion, officers detained him further while waiting for a K-9 unit, which eventually led to the discovery of a firearm and drugs in his car.The United States District Court for the Western District of Oklahoma denied Mr. Tyler's motion to suppress the evidence found in his car, ruling that his continued detention was reasonable. Mr. Tyler then entered a conditional guilty plea to possession of a firearm by a previously convicted felon, reserving his right to appeal the suppression ruling. He was sentenced to 84 months in prison.The United States Court of Appeals for the Tenth Circuit reviewed the case and found that Mr. Tyler's continued detention after the arrest of Ms. Gonzalez was unreasonable and violated his Fourth Amendment rights. The court held that the government did not have a sufficient justification for detaining Mr. Tyler beyond the initial arrest of Ms. Gonzalez, as there was no reasonable suspicion of wrongdoing or dangerousness on his part. Consequently, the court vacated Mr. Tyler's conviction and sentence and remanded the case for further proceedings consistent with their opinion. View "United States v. Tyler" on Justia Law

The case involves Plaintiff Craig Gabaldon, who was stopped by New Mexico State Police Officer Kevin Smith for multiple traffic violations, including improper merging, speeding, and failing to use a turn signal. During the stop, Officer Smith detected signs of intoxication and arrested Gabaldon after a struggle, during which a loaded gun was found on Gabaldon. Officer Kurtis Ward assisted in the arrest. Gabaldon filed a civil action alleging constitutional violations and state-law claims, asserting that the stop was motivated by his affiliation with the Bandidos Motorcycle Club.The United States District Court for the District of New Mexico granted Defendants' motion for sanctions for spoliation of evidence, as Gabaldon had returned his Bandidos gear to the club, which likely destroyed it. The court also granted summary judgment in favor of Defendants on Gabaldon's Fourth, Fifth, and Fourteenth Amendment claims, citing qualified immunity and finding reasonable suspicion for the traffic stop and probable cause for the arrest. Gabaldon's affidavit, which contradicted his deposition testimony, was struck down as a sham affidavit.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court's decisions, holding that the district court did not abuse its discretion in granting the spoliation motion or in striking Gabaldon's affidavit. The appellate court agreed that the affidavit was an attempt to create a sham fact issue, as it contradicted Gabaldon's earlier deposition testimony without new evidence. The court also upheld the summary judgment, finding that Officer Smith had reasonable suspicion to stop Gabaldon based on observed traffic violations. The appellate court concluded that the district court's rulings were correct and affirmed the judgment. View "Gabaldon v. New Mexico State Police" on Justia Law

The case involves Kirk Ardell Sjodin Jr., who was convicted of possessing a firearm as a convicted felon under 18 U.S.C. § 922(g)(1). Sjodin had a prior felony conviction in California for assault with a firearm and unlawful firearm possession, for which he served over a year in prison. In 2022, he was found in possession of a firearm in Utah, leading to the federal charge. Sjodin argued that he believed his civil rights, including the right to possess firearms, had been restored, based on his interactions with the legal system in Oklahoma.The United States District Court for the District of Utah found Sjodin guilty. The court noted that Sjodin did not present any evidence at trial to support his claim that he believed his rights had been restored. The court also found that the documents from his Oklahoma case did not indicate any restoration of his civil rights or expungement of his felony conviction. Consequently, the court concluded that the government had met its burden of proving that Sjodin knew he was a felon when he possessed the firearm.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed Sjodin’s conviction, holding that sufficient evidence supported the finding that Sjodin knew of his prohibited status. The court noted that Sjodin’s stipulations and the records of his prior felony conviction were sufficient for a rational trier of fact to find him guilty beyond a reasonable doubt. However, the court found that the district court erred in classifying Sjodin’s California assault conviction as a crime of violence under the U.S. Sentencing Guidelines, as the California statute allows for convictions with a mens rea less than recklessness. The court remanded the case for resentencing without the crime of violence enhancement. View "United States v. Sjodin" on Justia Law

The defendant, a citizen of El Salvador, was apprehended in New Mexico in May 2023 and entered a blind plea to reentry of a removed alien subsequent to a conviction for an aggravated felony, violating 8 U.S.C. § 1326(a)(1), (b)(2). His criminal history includes multiple convictions for violent crimes, including manslaughter and battery with intent to commit a crime. The Presentence Investigation Report (PSR) calculated his advisory guidelines range as 21 to 27 months’ imprisonment, but the district court varied upward and sentenced him to 60 months.The United States District Court for the District of New Mexico held a sentencing hearing where both the Government and the defendant requested a within-guidelines sentence. However, the court expressed concern about the defendant's violent criminal history and recent reentry into the United States. The court adopted the PSR's undisputed factual recitations and considered the defendant's arguments regarding his past alcohol and drug consumption, rehabilitation, and medical needs. Ultimately, the court found that an above-guidelines sentence was necessary to reflect the seriousness of the offense, promote respect for the law, provide just punishment, afford adequate deterrence, and protect the public.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 district court did not commit procedural error by relying on the PSR's undisputed facts and that the 60-month sentence was substantively reasonable given the defendant's violent criminal history and the need to protect the public. The court also found that the district court did not abuse its discretion in varying upward from the guidelines range, as the defendant's criminal history and the seriousness of his reentry offense justified the variance. View "United States v. Cortez" on Justia Law

The case involves an ancillary proceeding under Federal Rule of Criminal Procedure 32.2(c) and 21 U.S.C. § 853(n). Jesse Dunn filed a third-party petition claiming ownership of a parcel of land in West Jordan, Utah, which the government sought to forfeit in Justin Peck’s criminal case. Peck was convicted of operating an unlicensed money transmitting business. The government alleged Peck held an ownership interest in the land. The district court agreed with Dunn and blocked the forfeiture, leading to the government's appeal.The United States District Court for the District of Utah initially found the land forfeitable based on Peck’s plea agreement. However, during the ancillary proceeding, the district court determined that Dunn had a superior interest in the property. Dunn had purchased the land with untainted funds and later paid off a loan using funds authorized by Peck. The court found that Dunn’s interest in the property was superior to Peck’s at all relevant times under Utah law.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court’s decision, holding that Dunn’s interest in the property was superior to Peck’s and the government’s under 21 U.S.C. § 853(n)(6)(A). The court noted that the government had only sought to forfeit the land and had not pursued other potentially forfeitable property or substitute property. The court also emphasized that the government did not challenge the district court’s findings under Utah law, which governed the determination of property interests in federal forfeiture proceedings. The Tenth Circuit concluded that the district court correctly vacated the preliminary forfeiture order and granted Dunn’s third-party petition. View "United States v. Peck" on Justia Law