10th Cir.

United States Court of Appeals for the Tenth Circuit

Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.

Apr 15 2026
1:24-CV-00006-SWS Panel Decision

FOUR B PROPERTIES, LLC; RANCH 10, LLC; GARY A. BINNING v. THE NATURE CONSERVANCY

The Tenth Circuit affirmed summary judgment for The Nature Conservancy, ruling that an alleged oral promise to allow construction was too indefinite to support a claim of promissory estoppel. The court held that the plaintiffs failed to meet Wyoming's strict proof requirements for a clear promise, reasonable reliance, or the necessity of enforcement to avoid injustice.

Civil Contract Intellectual Property Summary Judgment
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Apr 14 2026
2:25-CR-03851-MIS-1) Panel Decision

UNITED STATES OF AMERICA v. JARESSLY ESMERALDA REYES

The Tenth Circuit affirmed a supervised release revocation sentence, clarifying that while courts cannot consider retributive factors under 18 U.S.C. § 3553(a)(2)(A), they may properly consider offense circumstances for deterrence and public safety. The court held that the district judge's references to the defendant's repeated criminal conduct were aimed at assessing future risk rather than punishing past acts.

Criminal Drug Trafficking Supervised Release
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Apr 14 2026
5:19-CR-00364-G-1) Panel Decision

UNITED STATES OF AMERICA v. ROLANDO CIFUENTES-LOPEZ

The Tenth Circuit reversed a district court's restitution order against a child sex trafficking defendant, holding that the government failed to prove the victims' losses would not have occurred but for his specific conduct. The court vacated the awards and remanded the case solely to remove the restitution mandate, as the evidence did not isolate losses attributable to the defendant from those caused by other abusers.

Child Sexual Abuse Material Criminal
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Apr 13 2026
2:23-CR-00002-SWS-1) Panel Decision

UNITED STATES OF AMERICA v. RONNELL LEE ROBERTSON

The Tenth Circuit affirmed the denial of a federal prisoner's motion for compassionate release, ruling that challenges to sentencing guideline calculations must be brought via habeas corpus rather than compassionate release proceedings. The court held that the defendant's argument effectively attacked the validity of his plea agreement and sentence, which falls outside the scope of 18 U.S.C. § 3582(c)(1)(A).

Compassionate Release Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sentencing Guidelines
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Apr 13 2026
2:24-CV-00520-DBB Panel Decision

Kosher Eats LLC v. Welch

The Tenth Circuit affirmed the dismissal of a RICO lawsuit alleging a loan scam orchestrated by an attorney and his colleagues. The court held that plaintiffs failed to plausibly allege the existence of an unincorporated partnership, which was a necessary element for both the RICO claims and the liability of the individual attorneys.

Civil Insurance
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Apr 13 2026
5:23-CR-40049-TC-1) Panel Decision

UNITED STATES OF AMERICA v. JORDAN THOMPSON

The Tenth Circuit affirmed the denial of a new trial motion but vacated a sentence enhanced based on the defendant's status as a police officer. The court held that professional status is not a valid statutory factor for upward sentencing adjustments under 18 U.S.C. § 3553(a).

Constitutional Fifth Amendment - Self-Incrimination Guidelines Departure Habeas Corpus - Federal Prisoner (28 USC 2255)
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Apr 13 2026
2:23-CR-20069-DDC-1) Panel Decision

UNITED STATES OF AMERICA v. BARRY CUMMINGS

The Tenth Circuit dismissed the direct appeal of a mail fraud defendant who had signed an appeal waiver, ruling that no valid claims fell outside the waiver's scope. The court found that enforcing the waiver would not result in a miscarriage of justice and directed any ineffective assistance claims to be raised in a collateral proceeding.

Criminal Fraud Supervised Release
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Apr 13 2026
2:24-CR-00012-SWS-1) Panel Decision

UNITED STATES OF AMERICA v. JAMES NEMETH

The Tenth Circuit affirmed the denial of James Nemeth's motions to suppress evidence and dismiss charges, ruling that his Fourth Amendment argument was procedurally waived and his Second Amendment challenge is foreclosed by binding precedent. The court held that Nemeth failed to preserve the specific claim that a dog sniff at his motel door violated his privacy interest inside the room, and his challenge to the felon-in-possession statute is barred by the circuit's recent decision in Vincent v. Bondi.

Criminal Drug Trafficking Fourth Amendment - Search & Seizure Supervised Release
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