Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit affirmed John Miguel Swan's conviction and 120-month sentence for possessing ammunition as a convicted felon. The court held that Swan's Second Amendment challenge was barred by the law-of-the-case doctrine and that the district court did not abuse its discretion in imposing an upward variance based on his history of domestic violence.
The Tenth Circuit affirmed the district court's order denying the plaintiff leave to proceed in forma pauperis. The court held that the appellant failed to meet his burden because his brief addressed the merits of the underlying case rather than explaining why the district court erred.
The Tenth Circuit dismissed this appeal because the notice of appeal was filed nearly two years after the district court's final order, violating the mandatory jurisdictional deadline. The court held that timely filing is a jurisdictional requirement that cannot be waived by pro se status.
The Tenth Circuit affirmed the denial of a motion to suppress evidence, holding that a lessee's general consent to search a unit for a suspect extended to the unit's roof. The court found officers lawfully seized a firearm from the roof under the plain-view doctrine because the search remained within the scope of that consent.
The Tenth Circuit affirmed the dismissal of a challenge to a USCIS denial of lawful permanent resident status because the case became moot. The court held that USCIS provided the specific relief sought by reopening the application and issuing a new decision, thereby dissipating the controversy.
The Tenth Circuit denied a petition for review challenging the Board of Immigration Appeals' dismissal of a motion to reopen removal proceedings. The court held that the motion was untimely and that it lacked jurisdiction to review the BIA's refusal to exercise sua sponte authority.
The Tenth Circuit dismissed an appeal from a supervised release revocation and granted counsel's motion to withdraw after finding all potential arguments frivolous. The court affirmed that the district court's findings of assault and no-contact violations were supported by a preponderance of the evidence.
The Tenth Circuit affirmed summary judgment for jail officers in an excessive force claim where the plaintiff failed to prove a specific officer caused a non-de minimis injury. The court also upheld the dismissal of a second lawsuit because the plaintiff failed to serve defendants within the time limits required by the Federal Rules of Civil Procedure.
The Tenth Circuit affirmed the grant of summary judgment for Weiser Security Services, ruling that the plaintiff failed to prove causation in his Title VII retaliation claim. The court held that there was insufficient evidence that the decisionmaker knew of the protected activity or that a biased supervisor used the decisionmaker as a cat's paw.
The Tenth Circuit denied a federal prisoner's request to file a successive habeas corpus motion based on newly discovered evidence. The court held that such evidence must undermine the conviction itself, not merely the sentence imposed.