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

Petitioner-Appellant Rio Hondo petitioned the Tenth Circuit Court of Appeal to review a decision of the EPA’s Environmental Appeals Board (“EAB”). Rio Hondo sought to vacate relaxed pollutant limitations in a 2017 permit issued by the EPA to an upstream waste water treatment plant. The waste water treatment plant served the Village of Ruidoso and City of Ruidoso Downs, and was an identified point source of pollutants into the Rio Ruidoso river. The Rio Ruidoso was classified under the Clean Water Act (“CWA”) as marginally impaired for nutrients, such as nitrogen and phosphorus. The Rio Hondo river was downstream from the Rio Ruidoso river, and the Rio Hondo river flowed adjacent to the Rio Hondo ranch. Rio Hondo contended that reduced river water quality, including algae blooms, harmed its ability to make critical use of the river water. Rio Hondo contended two aspects of the EPA’s 2017 permit constitute impermissible backsliding under the CWA: (1) the permit does not include concentration-based limitations that prior permits included; and (2) the permit increased the mass-based limitation on nitrogen discharges. The 2017 permit relied on a 2016 Total Maximum Daily Load (“TMDL”) report prepared by the New Mexico Environment Department and adopted by the EPA. Rio Hondo previously challenged the 2016 TMDL in New Mexico state court and lost. The Tenth Circuit denied Rio Hondo's petition: Rio Hondo presented no new information which would cast doubt on the 2016 TMDL, and its challenge to the 2017 permit "boils down to a challenge of that underlying 2016 TMDL. The record demonstrates that the EPA reasonably relied on the 2016 TMDL in issuing the 2017 permit, did not abuse its discretion in creating the permit limits, and appropriately applied a statutory exception to the anti-backsliding provisions of the CWA." View "Rio Hondo Land v. EPA" on Justia Law

After a young woman found a pressure cooker bomb hidden under her bed, law enforcement agents went to the home of the only person she said might want to harm her: defendant-appellant Ethan Guillen. The agents entered Ethan’s home, questioned him, and obtained consent from his father to search the residence. During the search, the agents found evidence in Ethan’s bedroom indicating his involvement with the pressure cooker bomb. When one of the agents confronted Ethan with the information and evidence they had collected, he confessed to making the bomb. The agent immediately provided Ethan Miranda warnings, but he proceeded to make more incriminating statements. Ethan ultimately entered a conditional plea of guilty to possession of an unregistered destructive device and an attempt to damage or destroy a building by means of fire or an explosive. His plea agreement reserved the right to appeal the district court’s order denying his motion to suppress the physical evidence and incriminating statements resulting from the search of his home. Exercising that right, Ethan argued to the Tenth Circuit that the district court should have suppressed the physical evidence found in his home because the agents’ warrantless entry and search of his bedroom violated his Fourth Amendment rights. He also contended the district court should have suppressed the incriminating statements he made after receiving Miranda warnings because the agents elicited them through coercion and used an impermissible two-step interrogation technique to end run around Miranda. Finding no violation of his rights or any other reversible error, the Tenth Circuit affirmed the district court's judgment. View "United States v. Guillen" on Justia Law

Defendant-appellant Omil Cotto was charged with three drug and gun-related offenses stemming from a road rage incident. Prior to trial, Cotto filed a motion to suppress evidence officers had obtained from a residence in Albuquerque, New Mexico. He argued: (1) the affidavit supporting the warrant did not provide probable cause for the search of the house; and (2) provisions in the warrant authorizing seizure of “all firearm evidence” and “any cellphones” were overbroad. The district court denied the motion to suppress. Cotto then pleaded guilty to lesser charges but expressly preserved his right to appeal the court’s order on the suppression motion. The Tenth Circuit affirmed the district court’s denial of the motion to suppress, finding: (1) the good-faith exception to the exclusionary rule applied to the search and seizure here; (2) the officers acted in objectively reasonable reliance on the warrant while conducting the search of the residence; and (3) even if the warrant’s cell phone provision was overbroad, that provision could and should have been severed from the remaining valid portions of the warrant. View "United States v. Cotto" on Justia Law

In 2014, after a jury found Michael Destry Williams guilty of ten counts of tax-evasion and fraud offenses, the district judge sentenced him to seventy-one months’ imprisonment and five years’ supervised release. Williams began the five-years’ supervision on August 22, 2018, and was set to end it on August 21, 2023. On August 27, 2019, a probation officer filed a Petition for Summons on Person Under Supervision, alleging three violations of Williams’s supervision. All three violations allegedly stemmed from Williams’s asserted belief that he was an American National and was not subject to the same legal system as United States citizens. The court ordered a sentence of 24 months’ imprisonment, with credit for time served. On appeal, Williams challenged this sentence as substantively unreasonable. Finding no reversible error, the Tenth Circuit affirmed Williams' sentence. View "United States v. Williams" on Justia Law

Plaintiff Nathan Petersen Plaintiff injured himself while operating the Raymond Model 4200 stand-up counterbalance lift truck (“Raymond forklift”). The Raymond forklift had an open compartment. So it did not fully enclose the operator’s lower extremities. When Plaintiff lost control of the Raymond forklift, his left leg slid out of the open compartment and he crushed it against warehouse racking. Plaintiff argued the district court impermissibly closed the door on the strict products liability claim he brought against Defendant Raymond Corporation (“Raymond”) alleging it defectively manufactured a forklift. In support of his claim he sought to offer expert testimony that the forklift would be safer if it had a literal door on it. The district court found the expert’s testimony unreliable and excluded it. It then granted a related motion for summary judgment in Raymond’s favor. Plaintiff appealed. "The district court serves as a gatekeeper, shutting the door on unreliable expert testimony." Finding the district court did not abuse its discretion in excluding the testimony, the Tenth Circuit affirmed judgment. View "Petersen v. Raymond Corporation" on Justia Law

Pro se petitioner-appellant John Minemyer appealed two orders from the United States Tax Court. The first order granted the Commissioner of Internal Revenue’s (“Commissioner’s”) Motion for Partial Summary Judgment and denied Minemyer’s Motion for Summary Judgment. The second order denied Minemyer’s Motion for Reconsideration. Neither order, however, was a final decision by the Tax Court. Further, Minemyer’s appeal of those orders did not ripen after the Tax Court issued an opinion, without a “decision,” addressing the only remaining claim. Accordingly, the Tenth Circuit dismissed Minemyer’s appeal for lack of appellate jurisdiction. View "Minemyer v. CIR" on Justia Law

In the early 1990s, a television reporter in Albuquerque, New Mexico, began investigating reports that a well-known Catholic priest had sexually abused numerous boys during his decades-long tenure at several local parishes. Upon learning of the reporter's story, that priest, defendant-appellant Arthur Perrault, departed early for a previously planned sabbatical. After a two-week sojourn in Canada, Perrault made a new life in Morocco: a country without an extradition treaty with the United States. In 2017, a federal grand jury sitting in the District of New Mexico charged Perrault with seven counts of sexual abuse, all stemming from Perrault’s relationship with John Doe 1 in the early 1990s. Doe 1 was about age ten at the time of the charged abuse. The Moroccan government agreed to expel Perrault, the FBI brought him back from Morocco, and Perrault stood trial in the community he fled two decades earlier. During the trial, seven other victims testified that Perrault had sexually abused them when they were just boys. The jury convicted Perrault of all seven counts. Perrault appealed his conviction, arguing the district court erred in permitting so many former victims to testify. He also argued the district court plainly erred in seating the jurors that convicted him, who, according to Perrault, had predetermined his guilt before hearing any evidence. Perrault also disputed certain jury instructions, as well as his sentence. After review, the Tenth Circuit concluded Perrault received a fundamentally fair trial in compliance with his constitutional rights. Accordingly, judgment was affirmed. View "United States v. Perrault" on Justia Law

Dr. Erfan Ibrahim was a Muslim man of Pakistani descent who served as an executive at Alliance for Sustainable Energy until he was fired. Alliance attributed the firing to Dr. Ibrahim’s inappropriate comments to two women; Dr. Ibrahim disagrees, attributing the firing to discrimination based on his race, religion, and gender. Summary judgment was entered in favor of Alliance, rejecting Dr. Ibrahim's allegation that Alliance decided not to fire another executive accused of sexual harassment. The district court rejected the comparison, pointing to differences between the conduct of Dr. Ibrahim and the other executive. The Tenth Circuit concluded these differences involved matters for the factfinder. So judgment was reversed on the claim of race discrimination. View "Ibrahim v. Alliance for Sustainable Nrg." on Justia Law

After one of Defendant Chad Kaspereit’s many domestic violence incidents, a state court in Oklahoma instituted a protective order against him. While that order remained in effect, Defendant obtained two firearms from a sporting goods store. A jury convicted Defendant of one count of lying in connection with the purchase of a firearm and one count of possessing a firearm as a prohibited person. The district court imposed concurrent 120-month sentences. Defendant argued on appeal of those sentences that the Supreme Court’s holding in Rehaif v. United States, 139 S. Ct. 2191 (2019), along with a lack of evidence against him, required a new trial on both counts. He also argued his sentence was unreasonable. Finding no reversible error, the Tenth Circuit affirmed the district court. View "United States v. Kaspereit" on Justia Law

Respondents-Appellants DynaResource de Mexico, S.A. de C.V. and DynaResource, Inc. (“DynaResources”) appealed the district court’s confirmation of an arbitration award in Applicant-Appellee Goldgroup’s favor. This case involves a protracted dispute over a contract relating to a gold mining operation in Mexico. Goldgroup is a subsidiary of a Canadian company with a portfolio of projects in Mexico. DynaUSA, a Texas-based company, incorporated DynaMexico specifically for the purpose of developing the San Jose de Gracia property in the Sinaloa region of Northern Mexico. In 2006, Goldgroup and DynaResources entered into an Earn In/Option Agreement (the “Option Agreement”) which gave Goldgroup the right to earn up to a 50 percent equity interest in DynaMexico if Goldgroup invested a total of $18 million in four phases over approximately four years. The Option Agreement contained a dispute resolution provision specifying that “[a]ll questions or matters in dispute under this Agreement shall be submitted to binding arbitration . . . in Denver, Colorado under the Rules of the American Arbitration Association (‘AAA’) by a single arbitrator selected by the parties.” The Option Agreement also states that Mexican law applies “in respect to the shares of DynaMexico and the acquisition thereof,” and that venue and jurisdiction for any dispute under the Option Agreement would be in Denver. In 2011, Goldgroup exercised its option, became a 50 percent shareholder in DynaMexico, and appointed two directors. However, before the parties could agree on the fifth director, their relationship broke down due to a dispute over management issues. In 2012, DynaResources filed the first of numerous lawsuits between the parties; Goldgroup defended in part by arguing that DynaResources’s claims were subject to arbitration. Finding no reversible error to the district court's judgment, the Tenth Circuit Court of Appeals affirmed. View "Goldgroup Resources v. Dynaresource De Mexico" on Justia Law