United States Court of Appeals for the Tenth Circuit

KEVIN A. LARSON v. SHANE STUCKER; THE ATTORNEY GENERAL OF THE STATE OF COLORADO

PERRY CLINE v. SUNOCO, INC. (R&M); SUNOCO PARTNERS MARKETING & TERMINALS, L.P

UNITED STATES OF AMERICA v. DUWUAN FLORSELLE SHANNON

In re: Contempt Proceedings Against DANIEL E. CARPENTER

The Tenth Circuit enforced a defendant's appeal waiver, dismissing his challenges to a criminal contempt conviction and sentence. The court held that the defendant failed to prove the government breached the plea agreement or that enforcing the waiver would result in a miscarriage of justice.

GABRIEL OMAR GIGENA v. HOWARD C. NIELSON, JR.; UNITED STATES OF AMERICA

The Tenth Circuit dismissed this appeal as moot because the underlying criminal proceedings had concluded, leaving the court with no power to grant effective relief. The panel declined to transfer the case for appellate review under the All Writs Act since no live controversy remained to support jurisdiction.

UNITED STATES OF AMERICA v. KRISTOPHER EDWARD BOGER

The Tenth Circuit affirmed Kristopher Boger's conviction for assaulting a federal officer, ruling that the district court properly excluded evidence regarding a contract dispute and an inspection report. The appellate panel held that the excluded materials were irrelevant to the scope of the officer's duties and risked confusing the jury under Federal Rules of Evidence 401 and 403.

UNITED STATES OF AMERICA v. CHRISTOPHER FREEBURN

The Tenth Circuit granted an unopposed motion to dismiss the appeal as moot, finding no live controversy remained to justify judicial review. The court issued an order that serves as the mandate, terminating the appellate proceedings without reaching the merits of the case.

TERRY FRAZIER v. JOSUE ALVARADO; STEVENS TRANSPORT

The Tenth Circuit affirmed a jury verdict finding that a trucking accident did not cause the plaintiff's injuries. The court held that the plaintiff failed to preserve sufficiency of evidence arguments and could not prove ineffective assistance of counsel in a civil case.

UNITED STATES OF AMERICA v. LANCE DOUGLAS ROARK

The Tenth Circuit denied Lance Roark a certificate of appealability, ruling that he failed to make a substantial showing that reasonable jurists could debate the denial of his constitutional rights. The court affirmed that the federal government possesses Article III standing to prosecute criminal violations of its laws, regardless of the specific injury to a private victim.

UNITED STATES OF AMERICA v. CREGG LENARD GAINES

The Tenth Circuit affirmed a supervised release revocation, ruling that any constitutional error in admitting a witness's video statement was harmless beyond a reasonable doubt. The court held that the district court would have reached the same conclusion based on independent evidence, including the victim's identification and the defendant's own admissions.