Apr 14 2026
10th Cir. 2:25-CR-03851-MIS-1) Panel Decision

UNITED STATES OF AMERICA v. JARESSLY ESMERALDA REYES

The Tenth Circuit affirmed a supervised release revocation sentence, clarifying that while courts cannot consider retributive factors under 18 U.S.C. § 3553(a)(2)(A), they may properly consider offense circumstances for deterrence and public safety. The court held that the district judge's references to the defendant's repeated criminal conduct were aimed at assessing future risk rather than punishing past acts.

Apr 14 2026
1st Cir. 24-1834 Panel Decision

UNITED STATES OF AMERICA v. HECLOUIS JOEL NIEVES-DÍAZ

The First Circuit vacated a defendant's sentence because the district court failed to provide a sufficiently reasoned explanation for imposing a twenty-five-month upward variance above the Sentencing Guidelines range. This procedural error prevented the appellate court from reviewing the substantive reasonableness of the sentence, necessitating a remand for resentencing with proper justification.

Apr 13 2026
10th Cir. 2:23-CR-20069-DDC-1) Panel Decision

UNITED STATES OF AMERICA v. BARRY CUMMINGS

The Tenth Circuit dismissed the direct appeal of a mail fraud defendant who had signed an appeal waiver, ruling that no valid claims fell outside the waiver's scope. The court found that enforcing the waiver would not result in a miscarriage of justice and directed any ineffective assistance claims to be raised in a collateral proceeding.

Apr 13 2026
10th Cir. 2:24-CR-00012-SWS-1) Panel Decision

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.

Apr 13 2026
10th Cir. 2:23-CR-00002-SWS-1) Panel Decision

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).

Apr 13 2026
5th Cir. 25-11068 Per Curiam

United States v. Coleman

The Fifth Circuit affirmed the revocation of Maurice Coleman's supervised release and his 18-month prison sentence. The court held that Coleman's constitutional challenge to 18 U.S.C. § 3583(g) is foreclosed by its prior decision in United States v. Garner.

Apr 13 2026
10th Cir. 5:23-CR-40049-TC-1) Panel Decision

UNITED STATES OF AMERICA v. JORDAN THOMPSON

The Tenth Circuit affirmed the denial of a new trial motion but vacated a sentence enhanced based on the defendant's status as a police officer. The court held that professional status is not a valid statutory factor for upward sentencing adjustments under 18 U.S.C. § 3553(a).

Apr 9 2026
11th Cir. 1:23-cr-20382-MD-1 Per Curiam

UNITED STATES OF AMERICA v. BRENT MICHAEL JONES

The Eleventh Circuit affirmed Brent Michael Jones's conviction for felon in possession of a firearm, rejecting his constitutional challenges to the statute and his claims of involuntary confession. The court held that the firearm's interstate origin satisfied Commerce Clause requirements and that the defendant's post-Miranda waiver was voluntary.

Apr 8 2026
10th Cir. 5:21-CR-00028-F-1) Panel Decision

UNITED STATES OF AMERICA v. JOHN MIGUEL SWAN

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.