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

In October 2022, law enforcement officers stopped and searched a vehicle in which the defendant was a passenger. During the search, they discovered an Anderson Manufacturing AM-15 machinegun, a .357 caliber Glock handgun, and a “Glock switch” device capable of converting a handgun to fire automatically. Video evidence showed the defendant firing a Glock handgun equipped with the switch, operating as a fully automatic weapon. The defendant was subsequently indicted on two counts of knowingly and unlawfully possessing a machinegun, in violation of 18 U.S.C. § 922(o).The United States District Court for the District of Kansas reviewed the defendant’s motion to dismiss the indictment, which argued that § 922(o) violated the Second Amendment as applied to him. The district court agreed, finding that both the AM-15 machinegun and the Glock switch were “bearable arms” within the plain text of the Second Amendment. The court further concluded that the government had not demonstrated that § 922(o) was consistent with the nation’s historical tradition of firearm regulation, and therefore dismissed the indictment.On appeal, the United States Court of Appeals for the Tenth Circuit reversed the district court’s decision. The Tenth Circuit held that the defendant failed to meet his burden under the first step of the framework established in New York State Rifle & Pistol Ass’n, Inc. v. Bruen. Specifically, the court found that the defendant did not show that the machineguns he possessed were “arms” in “common use” for self-defense by law-abiding citizens, as required by District of Columbia v. Heller and subsequent precedent. As a result, the Tenth Circuit concluded that § 922(o) is constitutional as applied to the defendant, reversed the dismissal of the indictment, and remanded the case for further proceedings. View "United States v. Morgan" on Justia Law

Police officers in Oklahoma conducted a warrantless search of a storage unit rented by an individual whose email and payment information were on the rental agreement, though the agreement was signed by another person. Employees of the storage facility initially entered the unit after finding its door ajar, observing what appeared to be drugs and firearms, and then notified police. Upon arrival, officers looked into the unit, with one officer peeking his head inside to observe suspected contraband, and another officer later entering the unit and opening a drawer before a warrant was obtained. The officers then used their observations to obtain a search warrant for the storage unit, which led to the discovery of drugs and firearms. Based on this evidence, they secured a second warrant to search the renter’s home, where additional contraband was found.The United States District Court for the Northern District of Oklahoma denied the defendant’s motion to suppress evidence from both searches, finding no Fourth Amendment violation in the officers’ actions. The defendant entered a conditional guilty plea to drug and firearm charges, reserving the right to appeal the suppression ruling, and was sentenced to 188 months in prison.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that the officers’ warrantless entry and search of the storage unit violated the Fourth Amendment. The court determined that, after excising the unconstitutionally obtained information from the search warrant affidavit, the remaining content failed to establish probable cause. The court also found that the good faith exception did not apply because the affidavit was so facially deficient that officers could not reasonably rely on it. Consequently, the evidence from both the storage unit and the home was ordered suppressed. The Tenth Circuit reversed the district court’s denial of the suppression motion, vacated the conviction and sentence, and remanded for further proceedings. View "United States v. Blasdel" on Justia Law

Victor Kearney was indicted for filing a false tax return for 2011 and for conspiring to defraud the United States by impeding the Internal Revenue Service (IRS). The government alleged that Kearney, with the assistance of his tax attorney, Robert Fiser, failed to report taxable trust income on his tax returns from 2007 to 2011. Fiser, who was both an attorney and a certified public accountant, prepared Kearney’s returns during those years, reporting negative income despite Kearney’s receipt of trust income. At trial, Kearney argued that he relied in good faith on Fiser’s advice and was unaware of his personal tax obligations. The defense also challenged Fiser’s credibility, highlighting his ethical violations and criminal history.The United States District Court for the District of New Mexico conducted the trial. The jury convicted Kearney on both counts: filing a false tax return and conspiracy to defraud the United States. The district court sentenced him to 27 months in prison for each count, to run concurrently, and denied his motion for a new trial. Kearney appealed, challenging only his conspiracy conviction. He argued that the district court erred by misinstructing the jury on the elements of conspiracy to defraud and by failing to include the conspiracy charge in the advice-of-counsel instruction.The United States Court of Appeals for the Tenth Circuit reviewed the case and found two plain errors. First, the jury instruction for conspiracy did not require the government to prove that Kearney used deceitful or dishonest means, an essential element of conspiracy to defraud under 18 U.S.C. § 371. Second, the advice-of-counsel instruction was limited to the false return charge and did not inform the jury that this defense applied to the conspiracy charge as well. The court held that these errors prejudiced Kearney’s defense, vacated his conspiracy conviction, and remanded for further proceedings. View "United States v. Kearney" on Justia Law

In 2022, a Colorado town enacted an ordinance restricting most vehicles from entering its pedestrian malls, with certain exceptions, including one for high-volume commercial carriers making frequent deliveries. In 2023, the town amended the ordinance to remove this exception, leaving only a provision allowing a town-approved contractor to deliver goods in the pedestrian areas. The Colorado Motor Carriers Association, representing trucking companies, challenged the amended ordinance, arguing it was preempted by federal law, and sought a preliminary injunction to halt its enforcement.The United States District Court for the District of Colorado granted a preliminary injunction against the amended ordinance, finding the Association was likely to succeed on the merits and would suffer irreparable harm. However, the court declined to enjoin the original ordinance, reasoning that the Association had not demonstrated irreparable injury, particularly given its delay in bringing suit after the original ordinance had been in effect for over a year. Both parties appealed: the town challenged the injunction against the amended ordinance, while the Association cross-appealed the denial of relief against the original ordinance.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s decisions. It held that the amended ordinance likely fell within the federal statutory safety exceptions, as it regulated with respect to motor vehicles and was genuinely responsive to safety concerns, based on legislative intent and a logical nexus to pedestrian safety. The court found the district court had erred in concluding the Association was likely to succeed on the merits and thus abused its discretion in granting the preliminary injunction. Regarding the original ordinance, the Tenth Circuit affirmed the district court’s denial of a preliminary injunction, holding that the Association’s delay in seeking relief undercut its claim of irreparable harm. The court reversed the injunction against the amended ordinance and remanded with instructions to dissolve it, while affirming the denial of relief as to the original ordinance. View "Colorado Motor v. Town of Vail" on Justia Law

A 17-year-old defendant was charged with ten serious offenses, including murder and assault, after a violent confrontation at the home of his rivals. The incident stemmed from a feud with a classmate and escalated when the defendant, accompanied by his family, armed himself and attacked the victims’ home. The attack resulted in the death of one individual and severe injuries to others. The defendant, an enrolled member of the Cherokee Nation, was charged under federal law for crimes committed within the Cherokee Nation Indian Reservation.The United States District Court for the Eastern District of Oklahoma first reviewed the case. The government moved to transfer the defendant from juvenile to adult criminal proceedings under the Juvenile Justice and Delinquency Prevention Act. After an evidentiary hearing, the magistrate judge recommended granting the transfer, and the district court adopted this recommendation after conducting a de novo review. The district court weighed the statutory factors, including the defendant’s age, social background, psychological maturity, prior delinquency record, past treatment efforts, and the availability of rehabilitative programs, and found that most factors favored transfer to adult status.On interlocutory appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s decision for abuse of discretion. The appellate court held that the district court did not abuse its discretion in weighing the statutory transfer factors and found no clear error in its factual findings. The court also rejected the defendant’s Eighth Amendment argument that transfer was unconstitutional due to the potential punishments, holding that the challenge was unripe under circuit precedent. The Tenth Circuit affirmed the district court’s order transferring the defendant to adult criminal proceedings. View "United States v. J.D.V., Jr." on Justia Law

A man was stopped by police in Lawton, Oklahoma, for a traffic violation. During the stop, officers smelled marijuana and, after searching his car, found a loaded revolver and various marijuana products. The man did not have a medical marijuana card and was arrested on state charges for marijuana possession, paraphernalia, and a traffic offense. Subsequently, a federal grand jury indicted him for violating 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone who is an unlawful user of or addicted to a controlled substance.The United States District Court for the Western District of Oklahoma granted the defendant’s motion to dismiss the indictment. The district court found that the Second Amendment’s text covered the defendant’s conduct and held that applying § 922(g)(3) to non-intoxicated marijuana users was inconsistent with the nation’s historical tradition of firearm regulation. The court reasoned that historical regulations only permitted disarming those who had acted dangerously in the past, not those merely believed to pose a risk of future danger. The government appealed this decision.The United States Court of Appeals for the Tenth Circuit reviewed the case. After the Supreme Court’s decision in United States v. Rahimi clarified the methodology for Second Amendment challenges, the Tenth Circuit concluded that the historical tradition supports disarming individuals believed to pose a risk of future danger, not just those who have acted dangerously before. However, the appellate court found that the government must show that non-intoxicated marijuana users pose such a risk. The Tenth Circuit reversed the district court’s dismissal and remanded the case for further proceedings to determine whether the government can meet this burden. View "United States v. Harrison" on Justia Law

A family from Mexico fled their home after a criminal cartel murdered one of their members and issued repeated threats demanding that the family abandon their land and leave the area. The threats continued even after the family relocated within Mexico, ultimately leading them to enter the United States without valid documents. The family sought asylum and withholding of removal, arguing that they were persecuted because of their membership in a particular social group—namely, their family.The Immigration Judge (IJ) found the family members credible but denied their applications, concluding that the asserted social groups were not cognizable and that, even if they were, the evidence did not show that family membership was a central reason for the persecution. The IJ found that the cartel’s primary motive was to control the land, not to target the family because of their familial ties. The Board of Immigration Appeals (BIA) dismissed the appeal, upholding the IJ’s finding that there was no sufficient nexus between the persecution and the protected ground of family membership. The BIA stated that if a persecutor targets a family as a means to achieve an unrelated goal, family membership is only incidental or subordinate and not a central reason for the harm.The United States Court of Appeals for the Tenth Circuit reviewed only the BIA’s decision. The court held that the BIA applied an erroneous legal standard for determining whether family membership was “at least one central reason” for the persecution, as required by the Immigration and Nationality Act. The Tenth Circuit found that the BIA’s categorical rule improperly excluded mixed-motive claims where both protected and unprotected grounds may be central reasons for persecution. The court granted the petition for review, vacated the BIA’s order, and remanded for further proceedings under the correct legal standard. View "O.C.V. v. Bondi" on Justia Law

Three former members of a religious organization alleged that the organization intentionally misrepresented its history and the use of member tithing payments. They claimed that, had they known the true facts, they would not have joined or contributed financially. The plaintiffs asserted two main theories under the Racketeer Influenced and Corrupt Organizations Act (RICO): first, that the organization’s leaders made fraudulent statements about the group’s history and beliefs that they did not sincerely hold; and second, that the organization misrepresented how tithing funds would be used, including using them for commercial purposes contrary to representations.The United States District Court for the District of Utah initially dismissed the complaint, finding that the First Amendment’s Religion Clauses and the church autonomy doctrine barred adjudication of claims requiring inquiry into the truth or falsity of religious beliefs. After amendments to the complaint, the district court allowed a RICO claim based on the tithing theory to proceed, viewing it as a secular dispute. However, after further amendments and additional plaintiffs, the district court ultimately dismissed all claims, holding that the church autonomy doctrine barred claims based on religious misrepresentations and that the plaintiffs failed to adequately plead reliance or a pattern of predicate acts for the tithing-based RICO claim.The United States Court of Appeals for the Tenth Circuit affirmed. It held that the church autonomy doctrine bars civil RICO claims premised on alleged misrepresentations about religious history or doctrine, as such claims would require courts to adjudicate ecclesiastical questions. Regarding the tithing theory, the court held that the plaintiffs failed to plausibly allege a causal link between the organization’s statements about tithing and their own financial contributions, as required for a civil RICO claim. The court therefore affirmed the dismissal of all claims. View "Gaddy v. Corp. of the President of the Church of Jesus" on Justia Law

A man was accused of picking up a woman in El Paso, Texas, under the pretense of giving her a ride, then driving her across state lines to his home in Anthony, New Mexico, where he violently sexually assaulted her. The woman testified that she was handcuffed, physically assaulted, and raped multiple times before escaping at a stoplight in El Paso and seeking help. The defendant’s adopted daughter also testified that he had sexually assaulted her repeatedly when she was a minor and again as an adult.A federal grand jury in the United States District Court for the District of New Mexico indicted the defendant for kidnapping and transporting an individual across state lines with intent to engage in illegal sexual activity. At trial, the defendant argued that the encounter with the woman was consensual and related to commercial sex, and he sought to introduce evidence of her prior prostitution to support his consent defense. The district court excluded this evidence under Federal Rule of Evidence 412, finding it irrelevant to consent. The court also allowed the adopted daughter’s testimony under Rule 413, concluding that her allegations of prior sexual assault by the defendant were admissible and not unduly prejudicial under Rule 403. The jury convicted the defendant on both counts.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s evidentiary rulings. The court held that excluding evidence of the victim’s prior prostitution did not violate the defendant’s constitutional rights, as such evidence is not probative of consent under established precedent. The court also affirmed the admission of the adopted daughter’s testimony, holding that Rule 413 applies based on the conduct underlying the charges, not the statutory elements, and that the district court did not abuse its discretion under Rule 403. The court further found that the defendant had waived arguments regarding limitations on cross-examination of the adopted daughter. The convictions were affirmed. View "United States v. Clay" on Justia Law

The case concerns a defendant who was convicted of bank fraud and bank robbery. The key facts involve two separate crimes: first, a violent home invasion in which the defendant’s father-in-law was severely beaten and forced to write a $23,000 check, which the defendant later cashed; and second, a bank robbery in which the defendant threatened a teller with death, claiming cartel affiliation, and used a handwritten note. Law enforcement found a note resembling the robbery note during a search of a car registered to the defendant’s wife, which became a central issue in the case.The United States District Court for the District of New Mexico heard the case. The defendant moved to suppress the evidence found in the car, arguing that his wife lacked authority to consent to the search. The district court found that the wife had actual authority over the car and denied the motion. After conviction, the district court imposed a 312-month sentence, a significant upward variance from the guideline range of 46 to 57 months, citing the brutality of the crimes and the defendant’s history of dishonesty. The defendant appealed, challenging both the search and the reasonableness of the sentence.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that the wife had actual authority to consent to the car search, making the search constitutional. The court also found that the district court had properly considered the statutory sentencing factors, including the avoidance of unwarranted disparities, and that the sentence was both procedurally and substantively reasonable. The Tenth Circuit affirmed the district court’s rulings and the sentence. View "United States v. Candelaria" on Justia Law