United States Court of Appeals for the Tenth Circuit

UNITED STATES OF AMERICA v. JAMES NEMETH

The Tenth Circuit affirmed the denial of James Nemeth's motions to suppress evidence and dismiss charges, ruling that his Fourth Amendment argument was procedurally waived and his Second Amendment challenge is foreclosed by binding precedent. The court held that Nemeth failed to preserve the specific claim that a dog sniff at his motel door violated his privacy interest inside the room, and his challenge to the felon-in-possession statute is barred by the circuit's recent decision in Vincent v. Bondi.

UNITED STATES OF AMERICA v. PHILLIP DEWAYNE WOFFORD

The Tenth Circuit granted counsel's motion to withdraw and dismissed the appeal after a de novo review confirmed that any potential arguments were frivolous. The court held that the guilty plea was valid and the ten-year sentence for firearm possession lacked procedural or substantive error.

MARLENE MARISOL JIRON-DE LOPEZ v. TODD BLANCHE, Acting United States Attorney General

The Tenth Circuit granted a petition for review of a BIA asylum denial, holding that the agency's reasoning regarding gang motive was self-contradictory and insufficient. The court vacated the decision and remanded the case for the BIA to conduct a new review of the petitioner's eligibility.

UNITED STATES OF AMERICA v. RONNELL LEE ROBERTSON

The Tenth Circuit affirmed the denial of a federal prisoner's motion for compassionate release, ruling that challenges to sentencing guideline calculations must be brought via habeas corpus rather than compassionate release proceedings. The court held that the defendant's argument effectively attacked the validity of his plea agreement and sentence, which falls outside the scope of 18 U.S.C. § 3582(c)(1)(A).

SCOTT WILLIAM WYBAN v. MOSES STANCIL, Director, CDOC; BARRY GOODRICH, Warden; THE ATTORNEY GENERAL OF THE STATE OF COLORADO

The Tenth Circuit denied Scott William Wyban a certificate of appealability, ruling that his ineffective assistance of counsel claims lacked substantial grounds for relief. The court affirmed the district court's denial of his habeas petition, finding that trial counsel's strategic decisions were within the wide range of professionally competent assistance.

EMIT BALL v. WALMART INC

The Tenth Circuit affirmed the dismissal of Emit Ball's employment discrimination claims because he failed to file required administrative charges within the statutory deadlines. The court rejected arguments for equitable tolling and the continuing violation doctrine, holding that the employment relationship's end precluded such exceptions.

Gary Weidner, III v. Jane Doe and Kristin Ames

The Tenth Circuit affirmed a district court's award of attorney's fees to a defendant under a Colorado statute, rejecting the plaintiff's arguments that the claims were primarily federal civil rights cases. The court held that while federal law preempts fee awards for § 1983 claims, the statute applies to the separate state-law tort claims dismissed in the case.

In re DANIELLE L. NERI

The United States Court of Appeals for the Tenth Circuit denied a petition for a writ of mandamus seeking to compel a district court to rule on pending motions. The court found the petitioner failed to demonstrate a clear right to the relief sought given the duration of the delay.

Ulusemre v. Dombrosky

The Tenth Circuit affirmed the denial of a preliminary injunction on the alternate ground that the motion was moot. Because the school district modified the access ban to match the relief sought, there was no longer a live controversy to resolve.

UNITED STATES OF AMERICA v. BRYANT EDWIN SEWALL