Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit affirmed Mackenzie Becker's convictions for firearms and drug offenses, rejecting his argument that the search warrant affidavit failed to establish probable cause linking a road-rage incident to his residence. The court also dismissed Becker's Second Amendment challenge as foreclosed by existing Tenth Circuit precedent.
The United States Court of Appeals for the Tenth Circuit denied a petition for permission to appeal a district court order remanding a class action to state court. The court found that the petitioner failed to demonstrate that exercising its discretion to hear the appeal was warranted under the Class Action Fairness Act.
The Tenth Circuit affirmed the dismissal of a tenant's Fair Housing Act claim and ruled that her request for a temporary restraining order was moot after she was evicted. The court held that the eviction eliminated any live controversy regarding the stay of proceedings and rejected several procedural challenges raised by the appellant.
The Tenth Circuit affirmed the denial of a second-or-successive habeas motion, ruling that a defendant's collateral-attack waiver barred his challenge to a § 924(c) conviction. The court further held that the defendant failed to prove the sentencing court relied on the now-invalid residual clause of the statute.
The Tenth Circuit affirmed Brian Neil Wiggins's 192-month sentence, rejecting his claim that his prior Oregon second-degree assault conviction did not qualify as a crime of violence. The court held that Oregon law did not permit accomplice liability for negligence at the time of his 2008 conviction, ensuring the offense met the federal definition.
The Tenth Circuit affirmed Kyle Aguilar's convictions for two counts of Abusive Sexual Contact in Indian Country, ruling that the statute treats touching different body parts as separate criminal acts. The court further held that the victim's testimony provided sufficient evidence for a jury to infer the defendant's intent to gratify his sexual desire.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal due to a lack of prosecution. The court issued an order stating that the appeal was dismissed pursuant to Tenth Circuit Rule 42.1.
The Tenth Circuit affirmed a three-year prison sentence for a supervised release violation, ruling that a police report detailing firearm possession was admissible evidence. The court held that the report met the minimal reliability standard required for sentencing and that the defendant waived his right to object to the timing of its disclosure.
The Tenth Circuit denied Deandre Bethel a certificate of appealability because his attempt to add a Fourth Amendment claim via a Rule 60(b) motion constituted an unauthorized second or successive habeas petition. The court held that the motion substantively challenged the validity of his conviction rather than addressing a procedural defect in the habeas proceedings themselves.
The Tenth Circuit denied Maurice Moore's application to file a second or successive habeas corpus petition because he failed to meet the strict statutory requirements of the Antiterrorism and Effective Death Penalty Act. The court held that Moore's claims did not rely on a new retroactive rule of constitutional law nor did they present previously undiscoverable facts establishing actual innocence.