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 16 2026
6:23-CR-00178-RAW-1) Panel Decision

UNITED STATES OF AMERICA v. MICHAEL SHAUN DAVIS

The Tenth Circuit affirmed the denial of a motion to suppress evidence found in a home, ruling that the exclusionary rule does not apply even if a search warrant contained a clerical error in the street name. The court held that deputies objectively relied in good faith on a warrant issued by a neutral magistrate, meaning suppression would not deter police misconduct.

Criminal Firearms Fourth Amendment - Search & Seizure
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Apr 16 2026
1:23-CR-00321-GPG-JMC-1) Panel Decision

UNITED STATES OF AMERICA v. KALUB SEAN JACKSON

The Tenth Circuit affirmed the conviction for possession of child pornography, holding that officers did not violate the Fourth Amendment when seizing a suspect's phone during a roadside stop. The court ruled that the stop was lawful under Terry v. Ohio, independent of the search warrant's execution.

Child Sexual Abuse Material Criminal Fourth Amendment - Search & Seizure Supervised Release
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Apr 16 2026
5:24-CR-00020-F-1) Panel Decision

UNITED STATES OF AMERICA v. JOSE RUBEN RODRIGUEZ-PARRA

The Tenth Circuit affirmed an upward variance sentence for illegal reentry, ruling that a defendant's ambiguous statements during allocution do not constitute a proper objection to presentence report facts under Federal Rule of Criminal Procedure 32. Because the defendant failed to explicitly contest the alleged belligerent conduct, the district court was permitted to rely on those unchallenged facts to justify the sentence.

Criminal Immigration (Criminal)
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Apr 16 2026
4:21-CR-00351-GKF-3) Panel Decision

UNITED STATES OF AMERICA v. JAMES WILLIAM BUZZARD

The Tenth Circuit affirmed the district court's denial of a hearing on ineffective assistance of counsel because the rejected plea offer lacked a firm expiration date. The court dismissed the ineffective assistance claim without prejudice, directing the defendant to pursue such constitutional challenges through a 28 U.S.C. § 2255 motion rather than on direct appeal.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sixth Amendment - Ineffective Assistance of Counsel
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Apr 16 2026
4:25-CV-00161-SEH-JFJ) Panel Decision

ERICK WANJIKU v. GENTNER F DRUMMOND

The Tenth Circuit denied a certificate of appealability and dismissed the appeal because the petitioner failed to demonstrate that jurists of reason would find the district court's ruling debatable. The court held that the petitioner lacked the required state custody to maintain a habeas petition under 28 U.S.C. § 2254.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Habeas Corpus - General (28 USC 2241) Habeas Corpus - State Prisoner (28 USC 2254)
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Apr 15 2026
6:91-CR-10038-EFM-1) Panel Decision

UNITED STATES OF AMERICA v. LORENZO MORALES

The Tenth Circuit reversed a district court's dismissal of a Rule 36 motion, holding that the original sentencing court retains exclusive authority to correct clerical errors in judgments regardless of probation transfers. The appellate panel remanded the case with instructions to evaluate the merits of the defendant's new evidence regarding his social security number.

Civil Social Security
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Apr 15 2026
1:19-CR-00114-JNP-1) Panel Decision

UNITED STATES OF AMERICA v. THOMAS FAIRBANKS

The Tenth Circuit affirmed Thomas Fairbanks's securities fraud convictions, ruling that the district court properly denied his motion to sever the counts and that sufficient evidence supported the verdict. The court found the joint trial did not prejudice the defendant and that the evidence established a unified fraudulent scheme against multiple victims.

Criminal Fraud
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Apr 15 2026
5:25-CV-03008-JWL Panel Decision

GRATTON CURTIS ODELL v. FORD COUNTY SHERIFF'S DEPARTMENT; BRYAN STAMMER; MATTHEW BOLMER; STEPHEN M LIGON

The Tenth Circuit reversed a district court's dismissal of a prisoner's excessive force claim, holding that video evidence did not blatantly contradict the plaintiff's allegation of twenty-three taser strikes. The court further ruled that the district court abused its discretion by dismissing the case under Heck v. Humphrey without providing the plaintiff notice to address the bar under his own version of events.

Civil Civil Rights - Section 1983
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