Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit affirmed the dismissal of a prisoner's Eighth Amendment claim because the plaintiff failed to explain why the magistrate judge's recommendation was incorrect in his objections. The court held that the district court properly screened the complaint under 28 U.S.C. § 1915(e)(2)(B) and did not err by declining to distinguish between personal and official capacity claims.
The Tenth Circuit affirmed a 264-month prison sentence for a high school football coach convicted of sexually abusing multiple minors and producing child pornography. The court held that the district court properly applied the presumption of reasonableness to a within-guideline-range sentence, rejecting the defendant's argument that the sentence was substantively unreasonable.
The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a pro se civil rights lawsuit filed by a former inmate against multiple judges and prosecutors. The court held that state officials are not persons under federal civil rights statutes and that the defendants were protected by absolute judicial and prosecutorial immunity.
The Tenth Circuit affirmed the district court's ruling upholding Colorado's ban on unserialized firearms while reversing the lower court's standing determination regarding the purchase of such parts. The appellate court held that the possession ban regulates conduct beyond commercial sales conditions and is not presumptively constitutional under the Second Amendment.
The United States Court of Appeals for the Tenth Circuit affirmed a defendant's sentence, rejecting the claim that denying a sentencing reduction for acceptance of responsibility violates the Sixth Amendment right to a jury trial. The court held that the denial of a reduction is not a penalty for exercising trial rights but rather the withholding of a reward for those who accept responsibility.
The Tenth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting asylum and Convention Against Torture claims based on forced abortion allegations. The court upheld the agency's adverse credibility finding and exclusion of medical evidence due to inconsistencies in the petitioners' testimony and lack of authentication.
The Tenth Circuit affirmed Maurice Lacey's conviction for firearm possession, ruling that the district court did not clearly err in finding him mentally competent to stand trial. The appellate court determined that a second psychological evaluation, which found the defendant alert and knowledgeable, outweighed conflicting evidence regarding his delusions.
The Tenth Circuit affirmed a jury verdict finding a Denver police officer liable for excessive force, rejecting his qualified immunity claim because clearly established law prohibited using pepperballs on peaceful, unarmed protesters without warning. The court also upheld the denial of a bifurcation motion and the punitive damages award, confirming that the officer acted with reckless indifference to the plaintiff's constitutional rights.
The Tenth Circuit denied Gary Lowe's request for a certificate of appealability, finding that reasonable jurists could not view the district court's denial as debatable or wrong. The court concluded that Lowe's claims of judicial bias and ineffective assistance of counsel lacked merit due to a lack of transcript support and a misunderstanding of local rules.
The Tenth Circuit affirmed the denial of a duress jury instruction in a prosecution for unlawful reentry, holding that the defendant failed to prove he lacked a reasonable opportunity to escape his abuser. The court ruled that the defendant's evidence did not satisfy the statutory elements required for the defense under 8 U.S.C. § 1326.