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

John Doe, a Native American juvenile and member of the Eastern Shoshone Tribe, was charged in federal court with multiple offenses, including kidnapping a minor on tribal land for the purpose of physical assault. The government filed a six-count juvenile information, and Doe admitted to certain charges, including kidnapping, assault with a dangerous weapon, and provided a factual basis for his admissions. The events occurred in a trailer on the Wind River Indian Reservation, where Doe assaulted two minor victims and instructed one to remain in a closet as he left the scene.The United States District Court for the District of Wyoming held an admission hearing, where Doe, with counsel, admitted to the relevant charges. The court found a sufficient factual basis and conditionally accepted the admissions. After a delinquency hearing, Doe was adjudicated delinquent on several counts and committed to detention and supervision. Following the district court’s judgment, the Tenth Circuit decided United States v. Murphy, which clarified that the “holds” element of federal kidnapping requires proof the victim was detained for an appreciable period beyond that necessary to commit any related offense. Doe appealed, arguing his admission was not knowing or voluntary because he was not informed of this temporal requirement.The United States Court of Appeals for the Tenth Circuit reviewed the case under the plain error standard. The court held that Murphy did not clearly establish the temporal requirement as an essential element of kidnapping, nor did Doe demonstrate that the district court’s failure to inform him of this requirement was a plain error under well-settled law. The court affirmed the district court’s judgment of delinquency. View "United States v. Doe" on Justia Law

A family from Colombia, consisting of two adults and their minor children, sought asylum and withholding of removal in the United States. They had been active members of the Colombian Liberal Party and participated in political campaigning. After receiving threatening phone calls related to their political activities, the family continued their involvement. Subsequently, the father, who was a provisional lawyer and intern at the National Prosecutor’s office, became involved in a property dispute with a man known as Don Rafa, a leader of a narco-trafficking group. Following this, the family received further threats, including armed confrontations and threats against their children, which they attributed to Don Rafa and his associates. The family relocated within Colombia briefly before departing for the United States.After arriving in the United States, the Department of Homeland Security charged the family as removable. The Immigration Judge (IJ) found the family credible but denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ concluded that the harm suffered did not amount to past persecution, lacked a nexus to a statutorily protected ground, and that internal relocation within Colombia was reasonably available. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision and dismissed the appeal, also rejecting the family’s due process claims.The United States Court of Appeals for the Tenth Circuit reviewed the BIA’s decision under a substantial-evidence standard. The court held that the petitioners failed to demonstrate past persecution, a nexus to a protected ground, or that the Colombian government was unable or unwilling to protect them. The court also found that the record did not show the family could not safely relocate within Colombia. Accordingly, the Tenth Circuit denied the petition for review. View "Jimenez v. Bondi" on Justia Law

Colorado established a Universal Preschool Program (UPK) following a 2020 voter-approved proposition and subsequent legislation. The program provides public funding for voluntary, universal preschool and requires participating preschools to sign a nondiscrimination agreement. This agreement mandates that preschools offer equal enrollment opportunities regardless of characteristics such as race, religious affiliation, sexual orientation, gender identity, income, or disability. The plaintiffs—two Catholic parishes, their preschools, the Archdiocese of Denver, and two parents—challenged the nondiscrimination requirement, arguing that it conflicted with their religious beliefs, particularly regarding sexual orientation and gender identity, and violated their rights under the First Amendment.The United States District Court for the District of Colorado held a three-day bench trial. The court found that the nondiscrimination requirement did not violate the First Amendment, denied the plaintiffs’ request for injunctive relief, and dismissed the Archdiocese for lack of standing. However, the court did enjoin the state from enforcing the nondiscrimination requirement as to religious affiliation for as long as a congregation preference existed, a ruling not challenged on appeal. The plaintiffs appealed the denial of injunctive relief and the dismissal of the Archdiocese.The United States Court of Appeals for the Tenth Circuit affirmed the district court’s decision. The Tenth Circuit held that the nondiscrimination requirement is a neutral law of general applicability and does not target religious status or use. The court found no evidence of religious hostility or individualized exemptions that would undermine general applicability. The court also rejected the plaintiffs’ expressive association claim, distinguishing the facts from Supreme Court precedents. Applying rational basis review, the court concluded that the requirement is rationally related to the legitimate government interest of ensuring equal access to preschool. The district court’s denial of injunctive relief was affirmed. View "St. Mary Catholic v. Roy" on Justia Law

The defendant, who had been receiving disability insurance benefits due to a medical diagnosis, operated a jewelry business while collecting these benefits. The Social Security Administration (SSA) began investigating after suspecting that the defendant was earning income that could affect his eligibility. The SSA asked the defendant whether he had worked or received income since his diagnosis, to which he responded negatively. However, evidence showed that he had significant gross income from jewelry sales, and the SSA determined that his countable income likely exceeded regulatory caps, making him ineligible for benefits. The defendant was subsequently charged with taking government property and making false statements.The United States District Court for the District of New Mexico presided over the trial. The government presented evidence of substantial gross income and efforts by the defendant to conceal earnings. The defendant did not provide information about business expenses that could have reduced his countable income. The jury convicted him on multiple counts related to theft of government property and false statements. At sentencing, the district court calculated the loss amount, including benefits paid to the defendant’s children and payments made outside the charged period, resulting in a 15-month prison sentence.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the evidence was sufficient for a reasonable jury to find that the defendant’s countable income exceeded the regulatory caps, even without detailed expense information, given the high gross income and lack of contrary evidence. The court also found no reversible error in the jury instructions, as the defendant failed to timely challenge the district court’s reasoning. Regarding sentencing, the court held that it was proper to include reasonably foreseeable payments to the defendant’s children and payments outside the charged period in the loss calculation. Any error in including Medicare premiums was deemed harmless. The convictions and sentence were affirmed. View "United States v. Sandoval" on Justia Law

In this case, the defendant was charged with abusive sexual contact of a minor in Indian Country, based on conduct that occurred between 1998 and 2000, when the victim was approximately 15 or 16 years old. The victim reported the abuse to the FBI in 2021, stating that she had previously disclosed it to a therapist at a rape crisis center, but no action was taken at that time. The alleged abuse took place within the Navajo Nation, and the defendant did not contest his status as an enrolled member of the Navajo Nation or the location of the offense.The United States District Court for the District of New Mexico denied the defendant’s motion to dismiss the superseding indictment, which argued that the prosecution was barred by the statute of limitations. The district court found that the extended statute of limitations for sexual offenses against children under 18, as set forth in 18 U.S.C. § 3283, applied to the case. The defendant then entered a conditional guilty plea to a lesser offense—abusive sexual contact in Indian Country—reserving his right to appeal the statute of limitations issue.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed de novo whether the categorical approach or a case-specific analysis should be used to determine the applicability of § 3283’s extended statute of limitations. The court held that the categorical approach, typically used in sentencing and immigration contexts, does not apply to pretrial statute of limitations challenges under § 3283. Instead, a case-specific approach is appropriate, focusing on the facts and charges in the indictment. The court concluded that the offense charged involved the sexual abuse of a minor, so § 3283’s extended limitations period applied. The Tenth Circuit affirmed the district court’s denial of the motion to dismiss. View "United States v. Tso" on Justia Law

Late one night, a homeowner called 911 to report that her security camera showed a Black man and woman taking items from her back porch. Within minutes, a police officer arrived and encountered Michael Campbell near the reported location. Campbell claimed to live at the residence and was uncooperative with the officer’s instructions, repeatedly dropping his hands and reaching for his wallet despite being told not to. The officer noticed what appeared to be a gun magazine in Campbell’s waistband and, after a brief exchange, frisked Campbell, discovering a firearm and a knife. Campbell was subsequently indicted for being a felon in possession of a firearm.The United States District Court for the Western District of Oklahoma denied Campbell’s motion to suppress the firearm, finding that the officer had reasonable suspicion to detain and frisk Campbell and that this suspicion had not dissipated before the frisk. Campbell was convicted at trial. At sentencing, the district court determined that Campbell’s five prior Oklahoma armed robbery convictions qualified as violent felonies under the Armed Career Criminal Act (ACCA), subjecting him to a 15-year mandatory minimum sentence. Campbell was sentenced to 240 months, above the statutory maximum for the felon-in-possession offense but below the Guidelines range.On appeal, the United States Court of Appeals for the Tenth Circuit affirmed the district court’s denial of the suppression motion and upheld the constitutionality of the felon-in-possession statute. However, the Tenth Circuit held that Oklahoma armed robbery can be committed with a reckless state of mind and therefore does not categorically qualify as a violent felony under the ACCA’s elements clause. The court vacated Campbell’s sentence and remanded for resentencing, while affirming his conviction. View "United States v. Campbell" on Justia Law

An attorney based in Oklahoma developed a business model to help out-of-state clients enter the state’s medical marijuana industry, which is governed by strict residency and disclosure requirements. He created a two-entity structure: one company, with nominal Oklahoma-resident owners, obtained the necessary state licenses, while a second company, owned and operated by out-of-state clients, ran the actual marijuana operations. The attorney did not disclose the true ownership structure to state authorities, and in some cases, marijuana was grown before the required state registrations were obtained. State authorities began investigating after noticing irregularities, such as multiple licenses listing the same address and repeated use of the same Oklahoma residents as owners, many of whom had little or no involvement in the businesses.Oklahoma state prosecutors charged the attorney with multiple felonies related to his business practices, including conspiracy and submitting false documents. While those charges were pending, a federal grand jury indicted him for drug conspiracy and maintaining drug-involved premises, based on the same conduct. In the United States District Court for the Western District of Oklahoma, the attorney moved to enjoin his federal prosecution, arguing that a congressional appropriations rider barred the Department of Justice from spending funds to prosecute individuals complying with state medical marijuana laws. The district court held an evidentiary hearing and denied the motion, finding that the attorney had not substantially complied with Oklahoma law, particularly due to nondisclosure of ownership interests and failure to obtain required registrations.On appeal, the United States Court of Appeals for the Tenth Circuit affirmed. The court held that the appropriations rider does bar the Department of Justice from spending funds to prosecute private individuals who comply with state medical marijuana laws. However, the court found that the attorney failed to substantially comply with Oklahoma’s requirements, so the rider did not protect him. The court concluded that the district court did not abuse its discretion in denying the injunction. View "United States v. Stacy" on Justia Law

A man was convicted by a jury of aggravated sexual abuse of a minor under twelve years of age in Indian Country. The events leading to the charges occurred during his brief marriage to the child’s mother, when he often cared for her seven-year-old daughter while the mother worked night shifts. The child later disclosed the alleged abuse to family members, which was recorded and reported to authorities. During the investigation, law enforcement also received information suggesting the defendant may have abused other young girls, and three additional children testified at trial about similar conduct. The defendant denied all allegations and presented evidence of his good character, medical issues, and the nature of his relationship with the child and her mother.The United States District Court for the Northern District of Oklahoma denied the defendant’s pretrial motion to suppress statements made during a custodial interrogation, finding no coercion or involuntariness. At trial, the court admitted testimony from other alleged victims under Federal Rule of Evidence 414 and allowed certain statements by the defendant’s ex-wife. The court also gave a jury instruction stating that child witnesses are presumed competent and declined to instruct the jury that it must unanimously find, by a preponderance of the evidence, that the defendant committed the other alleged acts before considering them. The jury found the defendant guilty, and he was sentenced to life imprisonment.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the defendant’s claims of instructional and evidentiary error, the denial of his suppression motion, and the alleged cumulative effect of any errors. The court held that a jury need not unanimously find by a preponderance that a defendant committed Rule 414 acts before individual jurors may consider such evidence. The court found no reversible error in the evidentiary rulings, jury instructions, or suppression decision, and affirmed the conviction. View "United States v. Paycer" on Justia Law

The defendant was apprehended after driving a vehicle containing nearly 50 pounds of methamphetamine and was convicted of possessing methamphetamine with intent to distribute. In seeking a reduced sentence, he argued that he played only a minor role as a courier in the drug operation, submitting a proffer that identified three other individuals allegedly involved in the scheme. The district court considered the sentencing guidelines, which allow for a downward adjustment if the defendant is a minor participant, but declined to apply the adjustment, finding insufficient evidence to support the claim.Prior to this appeal, the United States District Court for the Eastern District of Oklahoma reviewed the case. The defendant objected to the presentence report’s recommendation against the minor-role adjustment, but did not specifically object to the district court’s explanation for denying the adjustment at sentencing. The district court imposed a sentence of 235 months, at the bottom of the applicable guideline range, without the downward adjustment.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the district court plainly erred in denying the minor-role adjustment and whether the sentence was procedurally or substantively unreasonable. Applying the plain-error standard, the appellate court held that the district court did not err in its explanation or in its consideration of the defendant’s proffer, and that any ambiguity in the district court’s statements should be interpreted in a legally correct manner. The court further held that the sentence was both procedurally and substantively reasonable, as it fell within the guideline range and the district court was not required to explicitly address every statutory factor. The Tenth Circuit affirmed the sentence. View "United States v. Naranjo-Aguilar" on Justia Law

Two related Wyoming companies, one owning the surface estate and the other owning the mineral estate in an adjacent tract, sought to drill a horizontal well. The plan involved drilling from the surface owner’s land, traversing through federally owned subsurface minerals, and ending in the mineral owner’s adjacent tract. The Bureau of Land Management (BLM), which manages the federal minerals, informed the companies that they needed to obtain a permit to drill through the federal mineral estate, as the process would involve removing a small amount of federal minerals. The companies disagreed, arguing that BLM lacked authority to require a permit for a well that would not produce from the federal minerals, and filed suit seeking a declaration of their right to drill without BLM’s consent.The United States District Court for the District of Wyoming ruled in favor of BLM, holding that Congress had retained sufficient regulatory authority over the mineral estate and had delegated that authority to BLM under the Mineral Leasing Act. The court concluded that BLM could require a permit for the proposed traversing well and that the companies qualified as “operators” under BLM regulations, thus subject to the permit requirement.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the case. The Tenth Circuit determined that the dispute was fundamentally about property rights—specifically, whether the surface owner had the right to drill through the federal mineral estate without BLM’s consent. The court held that such disputes must be brought under the Quiet Title Act (QTA), which is the exclusive means for challenging the United States’ title or property interests in real property. Because the companies brought their claim under the Administrative Procedure Act and the Declaratory Judgment Act instead of the QTA, the district court lacked jurisdiction. The Tenth Circuit vacated the district court’s judgment and remanded with instructions to dismiss for lack of jurisdiction. View "True Oil v. BLM" on Justia Law