Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit enforced a defendant's appeal waiver because his 24-month sentence fell within the scope of his plea agreement and did not exceed the applicable Sentencing Guidelines range. The court rejected the defendant's pro se arguments regarding the voluntariness of his plea and the nature of the offense, finding no miscarriage of justice.
The Tenth Circuit affirmed a district court order compelling arbitration and denying a motion to vacate an arbitration award in favor of Dell Technologies. The court also issued a stern warning to the pro se appellant regarding the fabrication of legal citations using generative artificial intelligence.
The Tenth Circuit affirmed Richard Villanueva Mitchell's conviction for making a false bankruptcy declaration, rejecting his claim that the trial court erred by omitting a materiality element from the jury instructions. The court held that because Mitchell himself requested the omission of that element, he invited the error and cannot now challenge it on appeal.
The Tenth Circuit affirmed the denial of a federal prisoner's motion for release pending the resolution of his 28 U.S.C. § 2255 motion. The court held that Federal Rule of Appellate Procedure 9 governs release in a criminal case but does not apply to release pending post-conviction relief.
The United States Court of Appeals for the Tenth Circuit granted an unopposed motion to voluntarily dismiss an appeal filed by Busch Law Firm, LLC. The court dismissed the appeal pursuant to Federal Rule of Appellate Procedure 42(b) and Tenth Circuit Rule 46.3(C).
The Tenth Circuit affirmed the dismissal of an employee's retaliation claims, holding that an employer did not violate Colorado law by terminating an employee who missed work after being cleared to return. The court found the termination was based on the employee's failure to follow notification procedures rather than his prior illness.
The United States Court of Appeals for the Tenth Circuit granted an unopposed motion to dismiss an appeal filed by Brian William McKye. The court dismissed the appeal pursuant to Federal Rule of Appellate Procedure and local circuit rules, effectively ending the appellate proceedings.
The Tenth Circuit affirmed the dismissal of an employee's retaliation claims after he was fired for missing shifts following a COVID-19 diagnosis. The court held that the employer did not violate Colorado law by enforcing its attendance policy when the employee failed to provide required notice of his absence.
The Tenth Circuit held that defense counsel violated the Sixth Amendment by failing to advise a defendant that his guilty plea to a drug offense would result in practically inevitable deportation. The court reversed the district court's denial of the habeas motion and remanded for a determination of prejudice.
The Tenth Circuit reversed a conviction, ruling that the Fourth Amendment does not permit a protective sweep of a vehicle based solely on a passenger's romantic relationship with an arrested driver. The court held that the government's reliance on this association constituted an impermissible criminality-by-association test rather than a valid totality-of-circumstances analysis for reasonable suspicion.