United States Court of Appeals for the Tenth Circuit

YENI JOHANA GUACANEME MONROY; P.A.R.R.; P.A.R.G.; A.L.R.G v. PAMELA J. BONDI, United States Attorney General

UNITED STATES OF AMERICA v. JOYCELINE MWANGI

The Tenth Circuit enforced an appeal waiver in a criminal case where the defendant argued she did not fully understand the consequences of waiving her right to appeal. The court dismissed the appeal and granted counsel's request to withdraw after finding no non-frivolous basis to oppose the government's motion.

UNITED STATES OF AMERICA v. FEI XIE

The Tenth Circuit affirmed Fei Xie's conviction and 120-month sentence, ruling that the district court properly admitted witness testimony and an organizational chart under the Federal Rules of Evidence. The court further held that Xie's role in financing and managing the drug trafficking organization justified the application of the organizer/leader sentencing enhancement.

STEVEN LEE ADAIR v. CHRIS RANKINS, Warden

The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability and dismissed an appeal filed by a state prisoner challenging the timeliness of his habeas petition. The court held that the petitioner's jurisdictional challenge was subject to the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act.

LATASHA MCKINZIE v. BANK OF AMERICA

The Tenth Circuit affirmed the dismissal of a pro se racial discrimination suit against Bank of America. The court held that the plaintiff failed to explain why the district court erred in dismissing her case for failure to comply with a show cause order.

In re WILLIAM C. GARDNER

The United States Court of Appeals for the Tenth Circuit denied a petition for a writ of mandamus filed by a dentist seeking to force his underlying lawsuit to proceed to discovery. The court found that the district court had properly delayed issuing a scheduling order due to pending motions to dismiss and that the record did not demonstrate the extraordinary circumstances required for mandamus relief.

Kevin A. Larson v. Shane Stucker; The Attorney General of the State of Colorado

The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability to a Colorado prisoner seeking federal habeas corpus relief. The court affirmed the district court's rejection of claims regarding excluded evidence, the invocation of the Fifth Amendment privilege by a witness, and ineffective assistance of counsel.

Perry Cline v. Sunoco, Inc. (R&M); Sunoco Partners Marketing & Terminals, L.P.

The United States Court of Appeals for the Tenth Circuit affirmed the judgment of the District Court for the Eastern District of Oklahoma. The court granted the defendants' unopposed motion for summary affirmance in this admiralty dispute.

United States v. Duwan Florshelle Shannon

The United States Court of Appeals for the Tenth Circuit affirmed the district court's judgment in a challenge to a federal firearms statute. The appellant conceded that his constitutional argument was foreclosed by the circuit's recent precedent in Vincent v. Bondi.

MICHAEL MANNING, as the Administrator of the Estate of Terence Crutcher, Sr v. CITY OF TULSA; BETTY JO SHELBY

The Tenth Circuit reversed the district court's grant of qualified immunity to Officer Betty Shelby, holding that the right to be free from deadly force against an unarmed, nonthreatening suspect was clearly established. The court affirmed the dismissal of Monell claims against the City of Tulsa but remanded for consideration of supplemental jurisdiction over the remaining state-law wrongful death claim.