United States Court of Appeals for the Tenth Circuit
Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
Victor Villa-Arreola v. Todd Blanche, Acting United States Attorney General
The United States Court of Appeals for the Tenth Circuit dismissed a petition for review due to a lack of prosecution. The court issued an order stating that the petition was dismissed pursuant to specific circuit rules.
UNITED STATES OF AMERICA v. EDWARD TERRELL GLAZE
The Tenth Circuit affirmed a 10-month prison sentence imposed after the revocation of Edward Terrell Glaze's supervised release for multiple drug violations. The court found the district court's sentence procedurally and substantively reasonable, noting the mandatory nature of revocation under federal statute.
SEYED ALIREZA AMIDI NAMIN v. KEVIN JEFFREY VERT
The Tenth Circuit affirmed the district court's dismissal of the plaintiff's amended complaint with prejudice for failure to state a claim. The appellate court held that the appellant waived all arguments for reversal by failing to address the district court's specific legal reasoning in his brief.
Citizens for Constitutional Integrity; Southwest Advocates, Inc. v. Office of Surface Mining Reclamation and Enforcement; Douglas J. Burgum
The Tenth Circuit affirmed the dismissal of a challenge to a federal agency's approval of an underground coal mine expansion. The court held that the plaintiffs failed to establish standing or a valid cause of action under the Surface Mining Control and Reclamation Act.
UNITED STATES OF AMERICA v. CONRAD TILLMAN
The Tenth Circuit vacated a second-degree murder sentence because the district court improperly applied a sentencing departure for the use of a firearm and failed to adequately justify the extent of its departures. The court held that the use of a weapon in a typical second-degree murder case is already accounted for in the base guidelines, and the district court did not explain why this case fell outside that ordinary range.
LENIS YAJAIRA LOPEZ-MARTINEZ; LINNEY YAMILETH RODRIGUEZ- LOPEZ v. TODD BLANCHE,1 Acting United States Attorney General
The Tenth Circuit denied a petition for review of a BIA decision denying asylum because the petitioners failed to challenge the agency's finding that the government could control the perpetrator. The court held that without challenging the government's ability to control the ex-partner, the petitioners could not establish the necessary element of past persecution.
JESUS DOMINGUEZ v. M. RIOS; ATTORNEY GENERAL OF THE STATE OF NEW MEXICO
The Tenth Circuit denied Jesus Dominguez's request for a certificate of appealability, upholding the district court's dismissal of his federal habeas petition as untimely. The court found that Dominguez failed to show that reasonable jurists could debate the correctness of the procedural ruling regarding the statute of limitations.
UNITED STATES OF AMERICA v. JVAN JACKSON
The Tenth Circuit affirmed the denial of Jvan Jackson's motion to suppress evidence from three warrantless vehicle searches. The court held that Jackson lacked Fourth Amendment standing for the first search but that officers had reasonable suspicion and probable cause for the subsequent two stops.
Darrin Lynn Pickens v. Scott Tinsley, Interim Warden
The Tenth Circuit denied a certificate of appealability and dismissed a federal habeas petition because the district court's ruling on the statute of limitations was not reasonably debatable. The court found the one-year filing deadline expired in 2002 and the petitioner's subsequent state filings did not toll the period.