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.

Mar 27 2026

4:08-CR-00022-GKF-1) Panel Decision

UNITED STATES OF AMERICA v. KIMBERLY CHANCELLOR

The Tenth Circuit denied Kimberly Chancellor's request for a certificate of appealability because he failed to show that reasonable jurists would find the district court's procedural ruling debatable. The court held that his Rule 60(b)(6) motion was substantively an unauthorized second or successive § 2255 claim, which the district court correctly dismissed for lack of jurisdiction.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Habeas Corpus - State Prisoner (28 USC 2254)

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Mar 27 2026

25-6198 Panel Decision

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.

Criminal Supervised Release

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Mar 27 2026

2:24-CV-00805-DBB Panel Decision

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.

Criminal Mootness Supervised Release

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Mar 27 2026

4:24-CR-00029-AMA-2) Panel Decision

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.

Criminal Violent Crimes

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Mar 26 2026

4:17-CV-00445-CVE-JFJ) Panel Decision

JAMES EDWARD MONTGOMERY v. JAMES COTTON, Interim Warden

The Tenth Circuit Court of Appeals denied James Edward Montgomery's request for a certificate of appealability, dismissing his federal habeas petition. The court held that Montgomery failed to make a substantial showing that the state court's rejection of his constitutional claims was debatable or wrong.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254)

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Mar 26 2026

1:23-CV-01717-NRN Panel Decision

RONALD LEE SMITH v. MARYAM GHIASSI; KIM BROWN

The Tenth Circuit affirmed the dismissal of a pro se prisoner's Eighth Amendment claim alleging deliberate indifference to serious medical needs. The court held that the plaintiff's allegations failed to meet the required objective and subjective standards for a constitutional violation.

Civil Civil Rights - Section 1983

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Mar 26 2026

4:24-CR-00397-GKF-2) Panel Decision

UNITED STATES OF AMERICA v. MARCOS JAVIER SUAZO-MANCILLA

The Tenth Circuit enforced a defendant's appeal waiver contained in his plea agreement after he failed to file a response despite multiple extensions. The court determined that the appeal fell within the waiver's scope, the waiver was knowingly and voluntarily made, and enforcing it would not result in a miscarriage of justice.

Criminal Drug Trafficking

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Mar 26 2026

5:24-CR-00398-R-1) Panel Decision

UNITED STATES OF AMERICA v. MARLON DEWAYNE MARTIN

The Tenth Circuit dismissed Marlon DeWayne Martin's appeal of his child sex trafficking sentence because he signed a plea agreement containing an enforceable waiver of appellate rights. The court found the waiver covered the specific claim raised and that enforcing it would not result in a miscarriage of justice.

Constitutional Sixth Amendment - Ineffective Assistance of Counsel

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Mar 25 2026

24-3089 Panel Decision

State of Alaska v. United States Department of Education

The Tenth Circuit granted a stipulation to voluntarily dismiss an appeal filed by multiple states against the U.S. Department of Education. The court dismissed the case with each party bearing its own costs, leaving the underlying district court judgment in place.

Civil Other Civil

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Mar 25 2026

24-3094 Panel Decision

STATE OF ALASKA; STATE OF SOUTH CAROLINA; STATE OF TEXAS v. UNITED STATES DEPARTMENT OF EDUCATION

The Tenth Circuit granted the parties' stipulation to voluntarily dismiss their appeal from a district court ruling. The court dismissed the case with each party bearing its own costs, leaving the underlying district court judgment in place.

Civil Other Civil

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