2011 Tenth Circuit US Court of Appeals Case Law

Justia Opinion Summary: In 2010, Defendant-Appellant Franklin Carel, Jr. was convicted of knowingly failing to update his sex offender registration as required by the Sex Offender Registration and Notification Act (SORNA). On appeal,he…

Justia Opinion Summary: Defendant-Appellant Jeffery Doles appealed his conviction for sentencing after a jury convicted him of unlawfully selling drug paraphernalia. Defendant was given a voluntary surrender date, but fled to Mexico instead of…

Justia Opinion Summary: Plaintiff-Appellant Bruce Field filed a wrongful termination action against his former employer the Board of Water Commissioners for the City and County of Denver (Denver Water), alleging three "1983" retaliation claims.…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Jimmy Ray O'Kelly sought a certificate of appealability (COA) to challenge the district court's denial of his application for habeas relief. Dozens of partygoers were gathered at a…

Justia Opinion Summary: Pro se Plaintiff-Appellant Richard Dumas appealed the dismissal of his workplace discrimination suit against Proctor and Gamble (P&G). Plaintiff was employed as a contractor assigned to work at P&G's Kansas City…

Justia Opinion Summary: Plaintiff-Appellant John Conger appealed the Commissioner's denial of his application for supplemental social security income benefits. Plaintiff applied for benefits in 2005 alleging he was unable to work because of…

Justia Opinion Summary: Plaintiff-Appellant Gary Belden was sentenced in Wyoming state court to life imprisonment after being convicted of first-degree murder and first-degree sexual assault. He was transferred to an out-of-state prison in…

Justia Opinion Summary: Plaintiff-Appellant Kathryn Johns appealed the district court’s denial of her motion for attorneys' fees under the Equal Access to Justice Act (EAJA) which followed the court's remand to the Commissioner of her claims…

Justia Opinion Summary: Respondent Alena Berridge relocated to Denver, Colorado from the Czech Republic with her two children. Subsequently, Petitioner Max Joseph Lesler, Respondent’s ex-husband and father of the children, filed a petition…

Justia Opinion Summary: Defendant-Appellant Randell David Lonjose pleaded guilty to one count of engaging in a sexual act with a minor in Indian Country, and was sentenced to 51 months in prison followed by three years of supervised release. As…

Justia Opinion Summary: Pro se Plaintiff-Appellant Sione Hoko appealed the district court's grant of summary judgment in favor of Huish Detergents, Inc. on his Title VII and state-law civil rights claims. Plaintiff worked for Huish from 1989…

Justia Opinion Summary: Petitioners Anschutz Company and Philip and Nancy Anschutz appealed a Tax Court decision to hold them responsible for substantial income tax deficiencies for the taxable years 2000 and 2001. Those deficiencies, the Tax…

Justia Opinion Summary: Pro se Plaintiff-Appellant Mark Jordan brought this action under the Freedom of Information Act (FOIA) and the Privacy Act. Plaintiff was convicted of multiple armed robberies in 1994 and the stabbing death of a fellow…

Justia Opinion Summary: On its second trip to the Tenth Circuit, this case arose from a dispute over payment for trial transcripts. After the City ordered and paid for original hearing transcripts prepared by Ms. Bean, Mr. Livingston asked the…

Justia Opinion Summary: Defendant-Appellant Kevin Murphy was a registered sex offender in Utah, after having been convicted of aggravated sexual assault and aggravated sexual abuse of a child. Several times since his conviction, he has signed…

Justia Opinion Summary: Plaintiff Commonwealth Property Advocates, LLC, acquired title to three pieces of real property in Utah from three defaulting borrowers. Plaintiff then filed three suits in diversity against various Defendants which held…

Justia Opinion Summary: Claimant Debra Ann Luttrell appealed a district court order that affirmed the Commissioner's decision to deny her social security disability and supplemental security income benefits. Claimant challenged the…

Justia Opinion Summary: Petitioner Dewey MacKay, M.D. petitioned the Tenth Circuit to review a decision of the Deputy Administrator of the Drug Enforcement Administration (DEA) that revoked his registration to dispense controlled substances and…

Justia Opinion Summary: Plaintiff-Appellant Allen Russell appealed a district court's order that denied his "Motion to Vacate the Judgment Pursuant to Rule 60(b)(4)(6) (FRCP), and Motion for Appointment of Counsel Pursuant to 28 U.S.C. 1915(d),…

Justia Opinion Summary: Defendant Jorge Eraldo Aispuro-Aristegui pled guilty to conspiracy and possession of heroin with the intent to distribute. His plea reserved his right to appeal the district court's denial of his motion to suppress.…

Justia Opinion Summary: Defendant-Appellant Jonearl Smith was charged with possession with intent to distribute of five grams or more of a mixture or substance containing a detectable amount of cocaine base. The grand jury returned a…

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Jerry Wayne Smith appealed a district court's dismissal of his civil rights action against Kansas Department of Corrections (KDOC) officials. Plaintiff was incarcerated from 1998 to…

Justia Opinion Summary: Defendant-Appellant Adrian Mata Rodriguez appealed a district court order that dismissed his challenge to the legality of his conviction for possession and distribution of methamphetamine, illegal possession of a…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant David Hampton sought a certificate of appealability (COA) to challenge a district court's denial of his application for habeas relief. In 2007, Petitioner was convicted by an Oklahoma…

Justia Opinion Summary: Plaintiff-Appellant Paul Brule appealed a district court's dismissal of his claims for tortious interference with prospective contractual relations and negligence. Plaitiff acted as a insurance broker for Henry…

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Michael McCalister appealed a district court's denial of his motion to reopen his 28 U.S.C. 2255 petition under Rule 60(b) of the Federal Rules of Civil Procedure. In September 1999,…

Justia Opinion Summary: Pro se prisoner Plaintiff Stephen Burnett appealed a district court’s order dismissing his civil-rights complaint and denying his motion to add a defendant. Plaitiff's case arose from a six-week lockdown at the Cimmaron…

Justia Opinion Summary: Plaintiff-Appellant Olivea Marx appealed a district court's judgment in favor of Defendant-Appellee General Revenue Corporation (GRC). Plaintiff defaulted on her student loan. GRC was hired by her lender to collect on…

Justia Opinion Summary: Appellant Taissiya Oleyniikova , an employee of the State of Colorado's Department of Human Services (DHS) Office of Information Tenchology Services brought a 42 U.S.C. 1983 action for damages against the DHS' executive…

Justia Opinion Summary: Defendant-Appellant Juan Manuel Cardenas-Mireles pled guilty to the offense of illegal reentry after deportation. At sentencing, he moved for a downward variance notwithstanding an adult criminal record involving 44…

Justia Opinion Summary: The issue on appeal to the Tenth Circuit was whether Plaintiff Altheia Allen was disabled when her employer SouthCrest Hospital allegedly failed to accommodate her disability and terminated her employment. Because the…

Justia Opinion Summary: Defendant-Appellant William Freeman appealed his conviction on a one-count indictment for bank robbery. On appeal to the Tenth Circuit, he challenged his conviction, contending that (1) the evidence of guilt was…

Justia Opinion Summary: On a summer evening in 2005 a sniper shot down a police helicopter over Albuquerque. Police would implicate Plaintiff Jason Kerns, but after charges were filed, investigation would reveal that the bullet that brought…

Justia Opinion Summary: Defendant-Appellant Keith Hendrix entered entered a conditional plea of guilty to one count of Possession with Intent to Distribute in Excess of 50 Grams of Methamphetamine and one count of Possession of a Firearm in…

Justia Opinion Summary: Plaintiffs-Appellants George and Georgia Diamond filed an adversary proceeding against Chapter 7 debtor Scott Bakay alleging that Bakay fraudulently induced them to loan him money. The bankruptcy court entered summary…

Justia Opinion Summary: Pro se prisoner Petitioner Cayetano Sanchez sought a certificate of appealability (COA) to challenge a district court's denial of his motion for post-conviction relief. Petitioner pled guilty to four counts involving…

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Edward Shigemura appealed the denial of his motion for the return of seized property. In 2009, Defendant was pulled over by the Oklahoma Highway Patrol, who searched the car he was…

Justia Opinion Summary: Pro se prisoner Petitioner Rupert Trujillo appealed a district court's dismissal of his application for habeas relief. Petitioner pled guilty to drug charges in New Mexico and was sentenced to 120 months' imprisonment in…

Justia Opinion Summary: Defendant-Appellant James Moser was convicted by a jury on several counts of bankruptcy fraud and sentenced to 121 months' imprisonment. He appealed to the Tenth Circuit, arguing that several counts of the indictment…

Justia Opinion Summary: Appellant Gerald Wayne Snow, Sr., pled guilty to one count of conspiracy to commit and four counts of wire fraud. The district court sentenced him to concurrent ninety-month sentences on each count. Appellant appealed…

Justia Opinion Summary: Petitioner Compass Environmental, Inc. challenged a final order of the Occupational Safety and Health Review Commission (Commission) which found a serious safety regulation violation and assessed a $5500 penalty against…

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Cesar Chacon sought a certificate of appealability (COA) to challenge a district court's decision to dismiss his Fed. R. Civ. P. 60(b) motion for lack of jurisdiction. The court…

Justia Opinion Summary: Defendant-Appellant Fernando Onofre-Javier appealed the district court's imposition of a twelve month sentence for his violation of supervised release, which was to run consecutively to a fifteen-month sentence he…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Chris Brownfield sought a certificate of appealability (COA) to challenge a district court's decision to deny his petition for habeas relief. In 1987, Petitioner was convicted of…

Justia Opinion Summary: Following a routine traffic stop, police charged Defendant-Appellant Mark Williams with one count of being a felon in possession of a firearm and one count of possessing a firearm after being convicted of a misdemeanor…

Justia Opinion Summary: Trinity Mortgage Companies, Inc. (Trinity) appealed the district court’s order granting summary judgment in favor of David Dryer and Dryer and Associates, P.C. (Dryer). Trinity, formerly a mortgage brokerage company…

Justia Opinion Summary: Petitioner-Appellant Terry Doyle filed a section 2254 application to challenge his conviction and sentence in Oklahoma state court. The district court denied the application, so he turned to the Tenth Circuit for a…

Justia Opinion Summary: Defendant Jordan Halliday challenged his sentence for criminal contempt for refusing to testify before a grand jury. The sentencing guideline provision for "contempt" requires the district court to "apply the most…

Justia Opinion Summary: Defendant Demonte Embry was convicted of being a felon in possession of a firearm and ammunition and sentenced to seventy-seven months incarceration. On appeal to the Tenth Circuit, he argued that the magistrate judge…

Justia Opinion Summary: Plaintiff-Appellant Dana Franklin appealed a district court's order that affirmed the Commissioner's decision to deny her application for Social Security disability benefits. Plaintiff alleged disability based on…

Justia Opinion Summary: Petitioners Qi Hui Chen and his son, Yiyao Li Chen, natives and citizens of China, sought to overturn Board of Immigration Appeals' (BIA) decisions affirming the Immigration Judge's (IJ) decision to deny their requests…

Justia Opinion Summary: Defendant-Appellant Carrillo-Rodriguez pleaded guilty to the offense of illegal reentry after deportation subsequent to an aggravated felony conviction. At sentencing, he moved for a downward variance from the applicable…

Justia Opinion Summary: Applicant prisoner Roscoe Ford sought a certificate of appealability from the Tenth Circuit to challenge a district court's denial of his motion for post-conviction relief. An information filed in Colorado state court in…

Justia Opinion Summary: Plaintiff-Appellee Denise Zaricor-Ritchie appealed the Commissioner's denial of disability benefits and Supplement Security Income. Plaintiff claimed she was disabled by bipolar disorder and depression. After…

Justia Opinion Summary: Defendant Fernando Estrella pled guilty to one count of possession with the intent to distribute methamphetamine, and one count of being an illegal alien in possession of a firearm, for which he was sentenced to 168…

Justia Opinion Summary: Defendant-Appellant Autumn Seals sought reversal of his conviction on the grounds that he was denied a speedy trial. In this appeal, Defendant argued that the district court abused its discretion in granting a…

Justia Opinion Summary: After developing pain in his neck and shoulders, Petitioner Gordon George was diagnosed with cancer in 2003 and underwent surgery and radiotherapy. During his recovery, he continued to experience pain spanning from his…

Justia Opinion Summary: Plaintiff-Appellant Raymond Boswell appealed the denial of his applications for Social Security benefits. Plaintiff applied for benefits in March 2007. He alleged that he had been unable to work since December 1, 2006…

Justia Opinion Summary: Defendant-Appellant Michael Fleming challenged his conviction and sentence by direct appeal to the Tenth Circuit. A jury convicted Defendant of conspiracy to possess with intent to distribute, and to distribute 500 grams…

Justia Opinion Summary: Petitioner Jose Luis Magallon-Almanza, a native of Mexico, sought review of a Board of Immigration Appeals (BIA) decision affirming an immigration judge’s (IJ’s) order of removal. In the proceedings before the IJ,…

Justia Opinion Summary: Petitioner Jean Paul Hernandez, a native and citizen of Mexico, challenged a Board of Immigration Appeals' (BIA) decision affirming an immigration judge's denial of adjustment of status and a waiver of inadmissibility.…

Justia Opinion Summary: Plaintiff Kansas Penn Gaming, LLC (KPG), a limited liability corporation formed by Penn National Gaming, Inc. (Penn National), entered into a real estate sale contract with HV Properties of Kansas, LLC (HV), pursuant to…

Justia Opinion Summary: Defendant-Appellant Albert Vaughan was convicted of one count of bank robbery and one count of use of a firearm during a crime of violence. His convictions arose from the robbery of the First Bank of Kansas in Salina,…

Justia Opinion Summary: After being indicted for assault causing bodily injury to an employee of a federal high-security penitentiary engaged in the performance of his official duties, Defendant-Appellant Mark Denny pled guilty and was…

Justia Opinion Summary: Defendant Ivan Rochin argued that his constitutional rights were violated following a traffic stop in which the arresting officer frisked him and confiscated several items from his pockets. In his appeal, Defendant asked…

Justia Opinion Summary: Pro se prisoner Petitioner Zeno Sims appealed a district court's dismissal of his petition for habeas relief. Petitioner was serving a 235-month sentence at the federal penitentiary in Leavenworth for distributing…

Justia Opinion Summary: Pro se Plaintiff John Yancey appealed a district court's sua sponte dismissal of his complaint for failing to state a claim upon which relief could be granted. While Plaintiff was incarcerated in a detention center…

Justia Opinion Summary: After Plaintiff-Appellant David Cook brought his pro se "1983" action against prison officials, the district court found his complaint legally deficient and ordered him to amend it. Instead of amending the complaint,…

Justia Opinion Summary: Defendant-Appellant Brian Williams appealed his 97-month sentence imposed following his guilty plea for possessing 50 grams or more of methamphetamine with intent to distribute. His counsel filed an "Anders" brief for…

Justia Opinion Summary: Petitioner-Applicant Robert Burling sought a certificate of appealability (COA) to challenge the denial of his motion for post conviction relief by the district court. Petitioner was convicted by a jury on 12 counts of…

Justia Opinion Summary: Pro se prisoner Petitioner Ramon Rivera sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for habeas relief as untimely. In 2009, pursuant to a plea agreement Rivera…

Justia Opinion Summary: Defendants-Appellants Patrick Talk and Kenneth Martinez, both enrolled members of the Navajo Tribe, challenged the procedural reasonableness of their sixty-month sentences of imprisonment. The district court imposed the…

Justia Opinion Summary: Defendant-Appellant Timothy Reeves challenged the district court's revocation of his supervised release and modification of the terms of his pending supervised release based on vindictive prosecution and failure to rule…

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Frederick Deberry sought a certificate of appealability (COA) to challenge the district court's denial of his motion for post-conviction relief following his conviction for assaulting…

Justia Opinion Summary: Plaintiff Donna Saterlee appealed a district court order that affirmed the Commissioner of Social Security's decision to deny social security disability and supplemental security income benefits. The Administrative Law…

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Mark Rice sought a certificate of appealability (COA) to challenge what he claimed was ineffective assistance of counsel and government misconduct when the district court denied his…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Jose Flores sought a certificate of appealability (COA) to challenge the district court's dismissal of his petition for habeas relief as untimely. Petitioner was convicted of…

Justia Opinion Summary: Petitioner Omar Garcia-Tinoco, a native and citizen of Mexico, challenged the Bureau of Immigration Appeals' (BIA's) decision dismissing his appeal of a removal order. Petitioner entered the U.S. without inspection in…

Justia Opinion Summary: Plaintiff-Appellant Kelli Mike was an employee of Leisure Village Health Care Center. Leisure Village obtained a urine sample from Plaintiff and submitted it to Defendant-Appellee Professional Clinical Laboratory, Inc.…

Justia Opinion Summary: Pro se prisoner Petitioner Efrem Harris sought to appeal a district court's dismissal of his post-judgment motions for lack of jurisdiction, and its denial of his Fed. R. Civ. P. 59(e) motion to alter or amend that…

Justia Opinion Summary: Okmulgee Inn Venture, LLC (Okmulgee) leased space to a nightclub-bar and was a named insured on a liquor liability insurance policy. Okmulgee’s insurer, Mount Vernon Fire Insurance Company (Mt. Vernon), assumed a duty to…

Justia Opinion Summary: Pro se prisoner Petitioner Victor Rose sought a certificate of appealability (COA) to challenge a district court's denial of his petition for habeas relief. Petitioner argued his guilty plea was invalid, and his counsel…

Justia Opinion Summary: Plaintiff Joseph Zbegner appealed a district court order dismissing without prejudice his claims against Allied Property and Casualty Insurance Co. (Allied) as not ripe for adjudication. Plaintiff was in an automobile…

Justia Opinion Summary: Defendant-Appellant Brian Jones appealed a district court's revocation of his probation and the imposition of a thirty-three month term of imprisonment. Defendant's counsel filed an "Anders" brief, asserting he could…

Justia Opinion Summary: Pro se prisoner Petitioner Ramon Montano appealed a district court's dismissal of his petition for writ of audita querela under the All Writs Act. The district court dismissed Petitioner's motion for Rule 52(b) relief…

Justia Opinion Summary: Pro se Defendant-Appellant Carlos Armendariz sought a certificate of appealability (COA) to challenge a district court's denial of his habeas petition. After a two-day trial, a jury convicted Defendant of possessing more…

Justia Opinion Summary: Defendant-Appellant Joe Lee Ybarra was convicted by a jury of possession of a firearm and ammunition after a former conviction of a felony, possession of fifty grams or more of methamphetamine with intent to distribute,…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Tracy Neiberger sought a certificate of appealability (COA) to challenge the district court's denial of his petition for habeas relief. Petitioner pled guilty to four counts of armed…

Justia Opinion Summary: Pro se prisoner Petitioner Terry Tyler appealed an order that dismissed his habeas petition for lack of jurisdiction. Petitioner filed his petition asserting that the Bureau of Prisons erroneously denied his request for…

Justia Opinion Summary: Petitioner Joel Ruelas-Rios sought judicial review of the Department of Homeland Security's (DHS) order that reinstated his prior removal order. Petitioner is a native and citizen of Mexico. He applied for admission to…

Justia Opinion Summary: Pro se Plaintiff-Appellant Adam Kartiganer appealed two district court orders that ultimately dismissed his 42 U.S.C. 1983 claims against several law enforcement members. In 2006, Plaintiff was arrested during a traffic…

Justia Opinion Summary: Pro se Petitioner-Appellant Troy Short sought a certificate of appealability (COA) to challenge a district court's denial of his motion for post-conviction relief. A Colorado state jury convicted Petitioner on one count…

Justia Opinion Summary: Plaintiffs Osler and Georgia Childress appealed a district court's order that dismissed their 42 U.S.C 1983 medical-indifference case against Defendant Robert Harms. In 2006, Mr. Childress was staying at a hotel in…

Justia Opinion Summary: After Defendant Gilberto Cruz-Arellanes was sentenced for illegally reentering the country, the Sentencing Commission issued an amendment (Amendment 740) to the illegal reentry guideline. The amendment discusses when and…

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Xavier Arriola-Perez sought a certificate of appealability (COA) to challenge a district court's denial of his habeas petition. Defendant was convicted on two counts related to the…

Justia Opinion Summary: Defendant-appellant Dennis Enriquez Lopez-Avila was charged with unlawful re-entry after deportation following an aggravated felony conviction. Defendant entered a guilty plea after reaching an agreement with the…

Justia Opinion Summary: Petitioner-Appellant Mikeal Stine sought to challenge a district court's calculation of his sentence. He argued that the sentencing court mistakenly designated him a career offender based on two prior escape convictions.…

Justia Opinion Summary: A federal jury convicted Defendant Chester Randall, Jr. of conspiracy to participate in a racketeer influenced and corrupt organization The district court sentenced Defendant in May 2010. Defendant’s prior convictions…

Justia Opinion Summary: Plaintiff-Appellant Amby Elkins was denied social security benefits, and appealed the Commissioner's rejection of her claims. She said she suffered from degenerative disc disease, rheumatoid arthritis, tendinitis, and…

Justia Opinion Summary: An Oklahoma state jury found Defendant George Ochoa guilty of two counts of first degree murder and sentenced him to death. On direct appeal, the Oklahoma Court of Criminal Appeals affirmed. After exhausting his state…

Justia Opinion Summary: Appellant Philip Allen Worack, challenged the sufficiency of the evidence that resulted in his conviction of two counts of filing fraudulent and false federal income tax returns. For tax years 1998-2002, Appellant…

Justia Opinion Summary: Defendant-Appellant, The Siebel Living Trust Dated 7/27/93 (Trust), appealed a district court’s order denying the Trust’s motion to recover its attorney fees and costs pursuant to a real estate sales contract with…

Justia Opinion Summary: Plaintiff-Appellant Anita Luster, an employee of the United States Forest Service, appealed a district court's entry of summary judgment in favor of the Secretary of the Department of Agriculture on her claims of sex…

Justia Opinion Summary: Defendant-Appellant Mario Casas-Tapia is a citizen of Mexico who lawfully immigrated to the United States with his parents when he was six months old. He was admitted to the United States as a lawful permanent resident,…

Justia Opinion Summary: Plaintiff-Appellant Mayra Carrera was a trimmer in a Tyson meat processing plant in Kansas. One day, four of her co-workers made sexual gestures toward her by "moving and shaking their hips." When Plaintiff complained, a…

Justia Opinion Summary: Plaintiff Timothy J. Smith appealed a district court order that granted summary judgment for his employer, Defendant Morton International, Inc., (Morton), on his claim of discrimination under the Americans with…

Justia Opinion Summary: Pro se Plaintiff-Appellant Terry Gibbs appealed a district court's order that reversed the administrative decision of the Commissioner of the Social Security Administration and remanded the case to the agency under…

Justia Opinion Summary: Petitioner Abidan Gedioni Pacaja Vicente, a Guatemalan citizen, sought judicial review of the Board of Immigration Appeals (BIA) order that affirmed the Immigration Judge's (IJ) removal order against him. Both denied his…

Justia Opinion Summary: Federal prisoner Plaintiff David Earl Antelope appealed the dismissal of his claims against the United States as well as the warden and three employees of the federal prison in Florence, Colorado, alleging failure to…

Justia Opinion Summary: Pro se prisoner Petitioner Michael Moehring sought a certificate of appealability (COA) to challenge a district court's dismissal of his claims for post conviction relief. The district court dismissed two of Petitioner's…

Justia Opinion Summary: Kansas state prisoner Petitioner Joe Gara sought a certificate of appealability (COA) to challenge a district court's denial of his petition for habeas relief on the alternative grounds of exhaustion and timeliness.…

Justia Opinion Summary: Pro se prisoner Petitioner Darrell Stuart sought a certificate of appealability (COA) to challenge a district court's denial of his application for habeas relief. Petitioner pled guilty in 2007 to two counts of sexual…

Justia Opinion Summary: Defendant Ronald Romero appealed his sentence imposed for assaulting a federal officer. Defendant was serving an unrelated prison sentence on a prior conviction when he attacked Shawn Boyd, a Bureau of Indian Affairs…

Justia Opinion Summary: Two former employees of the Kansas Unified School District #501 filed administrative charges against the District following claims of wage discrimination. Dwight Almond, III and Kevin Weems were both offered and accepted…

Justia Opinion Summary: Defendant Carri O. Adams was tried and convicted, with co-defendant Wallace Laverne Lawrence III, on seven counts of wire fraud/aiding and abetting for her role in a scheme using internet ads to defraud persons seeking…

Justia Opinion Summary: Following trial, a jury convicted Defendant Wallace Laverne Lawrence III on: (1) seven counts of wire fraud/aiding and abetting involving the use of internet ads in a scheme to defraud persons seeking help in paying…

Justia Opinion Summary: Plaintiff-Appellant Douglas Bork, a member of the United States Army Reserve, sought to challenge personnel decisions made by his sergeant, superior officers and the Secretary of Defense. Plaintiff sought to sue those…

Justia Opinion Summary: Following a jury trial, Defendant-Appellant Ronald Irving was convicted on one count of witness tampering and for his part in a murder-for-hire scheme directed at killing a local law enforcement officer prior to that…

Justia Opinion Summary: A jury convicted Linda Abramson-Schmeiler of five counts of filing a false tax return. The charges were based on her alleged failure to report all of the income she received from her business of "diversionary sales"…

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Douglas Burns appealed two district court orders that denied him relief for his civil rights suit brought against prison officials. Due to a clerical error in the district court,…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Tommie Charles Bradley sought to appeal a district court's dismissal of his habeas petition. He raised several issues on appeal, including: (1) the trial judge erred by denying his…

Justia Opinion Summary: Plaintiff-Appellant Daniel Larson appealed the dismissal of his 42 U.S.C. 1983 action for failing to state a claim. Appellant is a Colorado Sherriff's Deputy. Tina Henson is his aunt. Ms. Henson had previously resided…

Justia Opinion Summary: Pro se prisoner Petitioner Calvin Cheeks sought a certificate of appealability to challenge a district court's order that denied him habeas relief. A Colorado jury convicted Petitioner of armed robbery and other crimes…

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Aggie Joe Gallegos appealed the dismissal of his civil rights action brought against various Albuquerque police officers and other officials in connection with his 2007 arrest.…

Justia Opinion Summary: Plaintiff Roy Triplett appealed pro se a district court's dismissal of his action for failing to state a claim upon which relief could be granted. In early 2011, Plaintiff filed a 189-page complaint that the district…

Justia Opinion Summary: Pro se prisoner Defendant Austin Saucedo-Murillo sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for the writ of habeas corpus as time barred. Pursuant to a plea…

Justia Opinion Summary: Defendant Oscar Aureliano Pena-Valencia sought a certificate of appealability (COA) to challenge a district court's dismissal of his motion for post-conviction relief. Defendant entered into an agreement with the…

Justia Opinion Summary: Pro se prisoner Petitioner Nelson Lynch sought a certificate of appealability to challenge a district court's dismissal of his application of habeas relief. Defendant was sentenced to forty years of imprisonment for…

Justia Opinion Summary: Pro se former-prisoner Petitioner-Appellant Shawn Staats appealed a district court's sua sponte dismissal of his 42 U.S.C. 1983 complaint against various employees of the James Crabtree Correctional Center (JCCC).…

Justia Opinion Summary: Defendant Davey Joe Sutton sought a certificate of appealability (COA) to challenge a district court's denial of his petition for habeas relief. Defendant was a former Oklahoma state prisoner. In 2004, he was convicted…

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Jesus Legarda sought a certificate of appealability (COA) to appeal the district court's denial of his motion to vacate, set aside or correct his sentence. In March 2006, Defendant…

Justia Opinion Summary: Pro se prisoner Petitioner Robert Battle sought a certificate of appealability (COA) to appeal the district court's dismissal of his unauthorized second or successive motion for post-conviction relief, dismissed for lack…

Justia Opinion Summary: Pro se prisoner Petitioner Meldon Allen sought a certificate of appealability (COA) to appeal the district court's dismissal of his unauthorized second or successive motion for post-conviction relief, dismissed for lack…

Justia Opinion Summary: A jury convicted Defendant Christopher Bass on being a felon in possession of a firearm. He was sentenced to 94 months in prison and three years of supervised release. On appeal to the Tenth Circuit, he contended: (1)…

Justia Opinion Summary: Pro se prisoner Defendant Raymond Martinez sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for habeas relief. Defendant was wanted on a warrant for escape. During a…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Alexander Cardenas sought a certificate of appealability (COA) to challenge a district court's judgement that denied his habeas application. In his application, he challenged the…

Justia Opinion Summary: Pro se prisoner Petitioner Lynn Scott sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for habeas relief. In the spring of 2000, Petitioner was sentenced in Colorado…

Justia Opinion Summary: Petitioner David Cordova sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for habeas relief. A state jury convicted Petitioner of residential burglary and larceny over…

Justia Opinion Summary: Defendant Martin Galindo sought a certificate of appealability (COA) to challenge a district court's dismissal of his motion for post conviction relief. The motion was denied and the Tenth Circuit affirmed on appeal.…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Kenneth Ballard sought a certificate of appealability (COA) to challenge a district court's judgement that denied his habeas application. In 1984, Petitioner pled guilty to multiple…

Justia Opinion Summary: Pro se prisoner Petitioner Reyes Terrones-Lopez sought a certificate of appealability to challenge a district court's dismissal of his petition for post-conviction relief. Petitioner was indicted by a federal grand jury…

Justia Opinion Summary: Pro se prisoner Petitioner Brandon Williams sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for post-conviction relief. In 2000, Petitioner pled guilty to one count…

Justia Opinion Summary: In 1995, Petitioner-Appellant Nathan Dunlap was convicted of two counts of second-degree kidnapping, aggravated robbery, and theft relating to a 1993 armed robbery at a Burger King restaurant. For this, he was sentenced…

Justia Opinion Summary: Plaintiff-Appellant Cherie Lopez-Fisher claimed Defendant-Appellee Abbott Laboratories fired her because of her gender, race, color and national origin. After receiving extensive briefing and hearing oral argument in…

Justia Opinion Summary: Plaintiff-Appellant Air Century, SA relied on diversity jurisdiction when it sued Defendant-Appellee Atlantque Air Assitance and Insured Aircraft Title Services, Inc. (IATS) for breach of contract in district court.…

Justia Opinion Summary: Petitioner Antonius Heijnen filed a petition under 28 U.S.C. 1651 for either a writ of coram nobis or a writ of audita querela, seeking reversal and expungement of his federal-court convictions on several charges. In…

Justia Opinion Summary: Plaintiff Katherine Winters filed this lawsuit pursuant to 42 U.S.C. 1983 alleging violations of an asserted right to the care and custody of her biological grandchildren. She named the State of Kansas, the state…

Justia Opinion Summary: Pro se prisoner Defendant Darrell Washington sought to appeal the district court's dismissal of his motion for post-conviction relief. The court found Defendant's motion was essentially an unauthorized second or…

Justia Opinion Summary: The issue before the Tenth Circuit in this case was the government's motion to enforce an appeal waiver contained in Defendant Shawndell Harrison's plea agreement. The defendant pled guilty to one count of being a felon…

Justia Opinion Summary: Pro se prisoner Petitioner Tyrone Farris sought a certificate of appealability (COA) to challenge the district court's dismissal of his unauthorized second or successive motion for post-conviction relief. The district…

Justia Opinion Summary: Pro se Plaintiff Malina Lazarov felt that she was illegally harassed by her neighbors. She made a number of calls to the Littleton Colorado Police Department. Plaintiff complained that the children who lived around her…

Justia Opinion Summary: After the district court reduced Defendant Lindsey Springer's tax assessment to judgment and ordered foreclosure on certain real property, persons who held a mortgage on the property and who had participated in the…

Justia Opinion Summary: Defendant Miguel Hernandez-Valdez appealed his sentence of thirty-three months' imprisonment for having been convicted of being an alien in possession of a firearm. On appeal to the Tenth Circuit, Defendant argued that…

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Calvin Barnett filed a complaint under 42 U.S.C. 1983 charging certain corporate owners and employees of the Davis Correctional Facility (DCF), a private prison in Holdenville,…

Justia Opinion Summary: Following a determination that Defendant George Koufos had a prior conviction for a crime of violence, a district court sentenced him to a total term of 76 months’ imprisonment for two firearms offenses and two bank…

Justia Opinion Summary: Pro se prisoner Petitioner Darren Brad West sought a certificate of appealability (COA) to appeal a district court's dismissal for lack of jurisdiction of his motion to vacate, set aside, or correct his sentence. In…

Justia Opinion Summary: Defendant-Appellant Damon Hunter appealed the denial of his motion to suppress evidence gathered from a vehicle in which he was traveling. In 2009, a Kansas Highway Patrol trooper pulled Defendant over pursuant to a…

Justia Opinion Summary: Plaintiffs Edward Klen, Diverse Construction, Stephen Klen and Holstein Self-Service Storage, LLC brought a civil rights lawsuit against the City of Loveland Colorado and various City employees alleging "a plethora" of…

Justia Opinion Summary: Plaintiff-Appellant Eugene S. appealed a district court's denial of his motion to strike and its entry of summary judgment in favor of Defendant-Appellee Horizon Blue Cross Blue Shield of New Jersey (Horizon BCBSNJ).…

Justia Opinion Summary: Carolina Internet Ltd. appealed the entry of default judgment against it in favor of TW Telecom Holdings Inc. for more than three million dollars. During the pendency of this appeal, Carolina Internet filed a voluntary…

Justia Opinion Summary: In this interlocutory appeal, Defendants Medtronic, Inc. (and several of its subsidiaries) appealed a district court's denial of their motion to compel Plaintiff Lenox MacLaren Surgical Corporation (LM) to arbitrate its…

Justia Opinion Summary: Pro se prisoner Petitioner Jakub Lonski appealed a district court's dismissal of his "motion for adjustment of sentence pursuant to a habeas petition." Petitioner claimed Canadian citizenship and was being held in New…

Justia Opinion Summary: Appellant Julian Russell petitioned the Tenth Circuit for a certificate of appealablity (COA) to challenge a district court's denial of his application for the writ of habeas corpus. Appellant filed an application for…

Justia Opinion Summary: Pro se prisoner Petitioner Julian Russell petitioned the Tenth Circuit for a certificate of appealablity (COA) to challenge a district court's denial of his application for the writ of habeas corpus. In 2009, Russell was…

Justia Opinion Summary: Petitioner Kevin Winchester sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his petition for the writ of habeas corpus. After a jury trial, Petitioner was…

Justia Opinion Summary: Plaintiff John Ensey was employed by both Defendant Ozzie’s Pipeline Padder, Inc. (Ozzie’s) and Rockford Corporation when he was severely injured. He sued Ozzie’s but was denied relief on the ground that Ozzie’s was…

Justia Opinion Summary: Defendant-Appellant Uriel Santos-Santos appealed his sentence for illegal reentry after deportation subsequent to an aggravated felony conviction. He contended that the district court erred in applying a 16-level offense…

Justia Opinion Summary: Defendant-Appellant Byckley Charles Leutwiler was convicted by a jury of two counts of Possession of a Machine Gun, and one count of Possession of a Firearm with an Obliterated Serial Number. Defendant was sentenced to…

Justia Opinion Summary: This case concerned the appeal of two district court orders. The first order granted summary judgment in favor of Defendants County of Bernalillo and several county officials against Plaintiffs Doris Lujan and her minor…

Justia Opinion Summary: This appeal arose from a suit filed by the United States that asked the district court to reduce certain of Defendant-Appellant Jack Wilson’s tax liabilities to judgment, to set aside a fraudulent transfer of real…

Justia Opinion Summary: Plaintiffs, a group of inmates in the custody of the Kansas Department of Corrections (KDOC), sued Defendant Roger Werholtz, Secretary of KDOC (the Secretary), under 42 U.S.C. 1983 and state law. They challenged two…

Justia Opinion Summary: Plaintiff-Appellant Thomas Richardson appealed a district court's order that affirmed the Commissioner of Social Security's denial of his application for Childhood Disability Benefits. Plaintiff filed two applications:…

Justia Opinion Summary: In a prior appeal in this case, the Tenth Circuit reversed the district court’s judgment in favor of Union Pacific Railroad Company. The Court remanded to the district court with instructions to dismiss Union Pacific’s…

Justia Opinion Summary: Defendant Dwayne Hudson petitioned the Tenth Circuit to challenge a district court's dismissal of his 42 U.S.C. 1983 complaint. In the complaint, Defendant alleged his civil rights were violated stemming from the…

Justia Opinion Summary: Defendant Shaun Salazar pled guilty to being a felon in possession of a firearm. The district court sentenced him to 115 months imprisonment. He appealed his sentence, claiming the district court erred in calculating his…

Justia Opinion Summary: Prisoner-Petitioner Mark Tuckel filed a "1983" lawsuit against two prison officials. In his suit, Petitioner averred that he was beaten in retaliation for submitting a complaint through the prison grievance system. The…

Justia Opinion Summary: Plaintiffs-Appellants Ark Initiative, Alex Forsythe, and Paul Smith appealed a district court's judgment in favor of the Defendants-Appellees, the U.S. Forest Service and its Chief. The district court upheld the…

Justia Opinion Summary: Defendants Daniel Montoya and Joe Williams appealed the district court's denial of their motion to dismiss Plaintiff Ray Brown's "1983" lawsuit against them. Plaintiff pled guilty to two counts of false imprisonment in…

Justia Opinion Summary: Pro se prisoner Appellant James McKeighan appealed the district court's grant of summary judgment in favor of Appellees seven Corrections Corporation of America (CCA) employees and former Deputy U.S. Marshal Mike Shute.…

Justia Opinion Summary: The issue before the Tenth Circuit in this appeal was whether a district court must allow a criminal defendant to withdraw his guilty plea when the request was based on a lie. "Unsuprisingly," the Tenth Circuit held that…

Justia Opinion Summary: In 2003, the Securities and Exchange Commission (SEC) sought a preliminary injunction against ClearOne Communications, Inc. based on suspicions of irregular accounting practices and securities law violations. During a…

Justia Opinion Summary: This appeal presented the Tenth Circuit with two questions related to the presence of "fast-track" programs for disposing of illegal re-entry and other immigration offenses in some federal districts, but not others. The…

Justia Opinion Summary: Appellant Jason Edgar Kort pled guilty to conspiracy to possess and distribute more than 500 grams of methamphetamine. He appealed his 135-month sentence on grounds the district court erred in denying both his request…

Justia Opinion Summary: In 2009, Defendant Antonio Molina-Chavez pled guilty in the New Mexico district court to illegally reentering the United States. The court sentenced him to eight months in prison to be followed by a two-year term of…

Justia Opinion Summary: Pro se prisoner Petitioner Melvin Holly petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge a district court's denial in part and dismissal in part of his "Motion for Severance, 'Conflict…

Justia Opinion Summary: Plaintiff Dennis Carter began working as a directional driller at Pathfinder Energy Services, Inc., in December 2004. Two years later, declining health had caused a reduction in Plaintiff's workload. Pathfinder fired…

Justia Opinion Summary: Defendant Daniel Lehi appealed his felony conviction of forcibly assaulting a federal officer and his thirty-three month prison sentence. A federal police officer was dispatched to Defendant's home after receiving a call…

Justia Opinion Summary: Pro se Plaintiff Ronald Nagim appealed the grant of summary judgment in favor of Defendant Equifax Information Services, LLC, Experian Information Solutions, INc. and Transunion, LLC. In 2005, Plaintiff filed for…

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant appealed the dismissal of his 42 U.S.C. 1983 civil rights complaint for failure to comply with a district court’s order and failure to prosecute. Because Defendants Utah Department of…

Justia Opinion Summary: In 1996, Defendant Peter Gutierrez pled guilty to two federal firearms offenses. The district court sentenced him to 235 months' imprisonment, the low end of the applicable guideline range. Prior to 2010, the sentencing…

Justia Opinion Summary: Plaintiff-Appellant Charles Syrus appealed a district court's dismissal with prejudice his pro se copyright infringement action for failing to state a claim under the Federal Rules of Civil Procedure. In 2007, Plaintiff…

Justia Opinion Summary: Pro se prisoner Petitioner Lewis Roberson applied for a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. After a jury trial, Petitioner was…

Justia Opinion Summary: Cody Laboratories, Inc. and Lannett Co., Inc. (collectively, "Cody") appealed a district court's dismissal of their action for declaratory judgment against the Food and Drug Administration (FDA). Cody has been…

Justia Opinion Summary: Petitioner Andrew Yellowbear, Jr. was convicted of first degree murder and sentenced to life imprisonment. Petitioner's challenge to the state court's jurisdiction was rejected by the Wyoming Supreme Court on direct…

Justia Opinion Summary: Beginning in 2004, Plaintiff-Appellant Vicki Koch and her parents assumed control over the property and care of an elderly woman, Gladys Lance. Ms. Lance’s niece became concerned about her aunt’s welfare, and in 2005,…

Justia Opinion Summary: Petitioner Gong Geng Chen petitioned the Tenth Circuit to review a decision of the Board of Immigration Appeals (BIA) that denied his motion to reopen as untimely. Petitioner n is a native and citizen of the People’s…

Justia Opinion Summary: Pro se Petitioner Katherine Slocum appealed the district court's dismissal with prejudice her claims against Corporate Express U.S., Inc., Corporate Express Office Products, Inc., (Corporate Express), Cox Communications…

Justia Opinion Summary: Defendant David Ciempa petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge a district court's denial of his habeas petition to challenge the Oklahoma Department of Corrections' (ODOC)…

Justia Opinion Summary: This appeal stemmed from an explosion that severely injured Robbie Griffin at a worksite in Stephens County, Oklahoma. At the time of the explosion, Mr. Griffin was working as an independent contractor for S&W…

Justia Opinion Summary: The issue before the Tenth Circuit in this case centered on whether property damage caused by a subcontractor's faulty workmanship is an "ocurrence" for purposes of a commercial general liability (CGL) insurance policy.…

Justia Opinion Summary: Defendant Clinton Knight was convicted on charges of racketeering and drug possession arising from his membership in a Wichita, Kansas street gang. He argued on appeal to the Tenth Circuit that the district court plainly…

Justia Opinion Summary: A jury convicted Defendant Chester Randall, Jr. on one count of conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) for his alleged involvement with a Wichita Kansas street gang. He was…

Justia Opinion Summary: Petitioner Charles Raymond Wheeler appealed a Tax Court decision finding him liable for (1) income-tax deficiencies for the years 2002, 2004, and 2005; (2) additions to tax for those years; and (3) a $25,000 sanction.…

Justia Opinion Summary: State prisoner Plaintiff Michael Milligan appealed a district court's sua sponte dismissal of his Section 1983 complaint against various Colorado prison officials who were allegedly involved in decisions affecting…

Justia Opinion Summary: Defendant David Sussman appealed a district court’s revocation of his supervised release. Defendant contended on appeal that he was deprived of liberty without due process of law when federal authorities lodged a…

Justia Opinion Summary: Defendant Robert Logsdon was found not guilty by reason of insanity for threatening the President of the United States. He was later granted conditional release to a residential care facility, but within one day was…

Justia Opinion Summary: Plaintiff James Williams appealed a district court's denial of his motion for leave to proceed in forma pauperis (IFP) to file a complaint and have it served. In June 2011, Mr. Williams filed a complaint against his…

Justia Opinion Summary: Petitioner Michael Hooper sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. In 1993, Petitioner shot his ex-girlfriend and her son and…

Justia Opinion Summary: Plaintiff Lacauna Adams, on behalf of her minor son D.J.W., appeared pro se seeking review of a district court’s judgment that affirmed the Social Security Commissioner’s denial of D.J.W.’s application for Supplemental…

Justia Opinion Summary: Pro se prisoner Petitioner Dexter Johnson sought a certificate of appealability (COA) from the Tenth Circuit to appeal a district court's dismissal of his unauthorized or successive 28 U.S.C. 2254 petition. In 1996,…

Justia Opinion Summary: Plaintiff Ferdinand De Leon appealed a district court’s judgment entered in favor of Defendant Denman Investment Corporation, Inc. Plaintiff represents a class of over 9500 people who brought human rights claims against…

Justia Opinion Summary: Boston Scientific Corporation and Boston Scientific Neuromodulation Corporation (Boston Scientific) filed suit to enforce a non-compete agreement against Mikelle Mabey, a former employee, and St. Jude Medical…

Justia Opinion Summary: Plaintiff-Appellant Susan Rose, a Utah lawyer, initiated the underlying federal lawsuit to challenge the constitutionality of state disciplinary proceedings brought against her by the Utah bar. She also sought a…

Justia Opinion Summary: Plaintiff-Appellant Lawrence Harris filed a pro se complaint naming the "Tulsa 66ers" NBA Development League basketball team and two individual employees of the team as defendants. Harris sought damages from the…

Justia Opinion Summary: Defendant Larry Koch appealed a jury’s verdict that found him guilty of conspiracy to commit bank fraud. Defendant admitted others committed bank fraud but disputed that he knowingly participated in their conspiracy.…

Justia Opinion Summary: The United States Commodity Futures Trading Commission (CTFC) and the Oklahoma Department of Securities brought suit against multiple corporate defendants (including Prestige Ventures Corporation) and several…

Justia Opinion Summary: Petitioner Joe Mendoza was docked 40 days good time credit for violating the Bureau of Prison's (BOP) policy on drug use. He filed a habeas petition to challenge the fairness of the disciplinary proceeding and requested…

Justia Opinion Summary: Defendant Lazaro Villalobos-Varela appealed a district court’s sentence of thirty months' imprisonment for re-entry as a removed alien in violation of federal immigration law. According to Defendant, the district court…

Justia Opinion Summary: On the morning his jury trial was scheduled to begin, Defendant Francisco Solorio-Mondragon pled guilty to (1) conspiracy to possess with the intent to distribute, and (2) possessing more than fifty grams of…

Justia Opinion Summary: Pro se prisoner Petitioner Donald Robinson sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. Petitioner attacked two people with a baseball…

Justia Opinion Summary: Pro se prisoner Petitioner Michael Bell sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his motion to vacate, set aside or correct his sentence. Petitioner was…

Justia Opinion Summary: Pro se prisoner Petitioner Kent Profitt sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. Petitioner was convicted by a jury for first…

Justia Opinion Summary: Marcus Food Company, a Kansas corporation based in Wichita, entered into an oral agreement in 1999 with Robert DiPanfilo, a citizen of Canada, under which DiPanfilo served as an independent sales and purchasing agent for…

Justia Opinion Summary: Plaintiff Cynthia Anderson appealed a district court's grant of summary judgment in favor of Defendant Cato Corporation on her claim of discrimination under the Pregnancy Discrimination Act. A month or two after Cato…

Justia Opinion Summary: In 1999, Christopher Sullivan learned through a business acquaintance, Robert Weaver, acquired all interests in a particular oil and gas lease. The then-current operators of the wells on the lease, QEP Energy, made…

Justia Opinion Summary: A jury convicted Lindsey Springer of one count of conspiring with Oscar Stilley to defraud the United States, three counts of tax evasion, and two counts of willful failure to file a tax return. Mr. Stilley was convicted…

Justia Opinion Summary: Pro se prisoner Petitioner Michael Davis petitioned the Tenth Circuit for a certificate of appealability (COA) so that he could appeal a district court's dismissal of his petition for the writ of habeas corpus. On…

Justia Opinion Summary: Pro se prisoner Petitioner Eric Phillips applied for a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's dismissal of his motion for post-conviction relief. After pleading guilty…

Justia Opinion Summary: In 2005, Appellant CCCOK, Inc. filed a complaint at the Oklahoma Corporation Commission (OCC) against Southwestern Bell Telephone, L.P.(SWBT). CCCOK sought an order directing SWBT to pay it over two-million dollars in…

Justia Opinion Summary: Pro se prisoner Petitioner Roberto Jackson sought a certificate of appealability (COA) to challege a district court's dismissal of his unauthorized second or successive petitions for habeas relief for lack of…

Justia Opinion Summary: Defendant Robert Corley appealed his sentence imposed following the revocation of his supervised release. The district court sentenced him to 50 months in prison, four months above the range indicated by the United…

Justia Opinion Summary: Defendant Maurice Ragland was sentenced to 168 months in prison for his role in a mortgage fraud operation. He challenged his sentence as substantively unreasonable. From January 2002 to January 2004, Defendant…

Justia Opinion Summary: Defendant United Parcel Service, Inc. (UPS) appealed a jury verdict that awarded Plaintiff Keith Jones $2.5 million in actual and punitive damages based on UPS's retaliatory discharge in violation of Kansas common law. …

Justia Opinion Summary: Defendants the U.S. Forest Service and Defendants-Intervenors-Appellants several Environmental Groups appealed a district court's order setting aside and permanently enjoining the Roadless Area Conservation Rule…

Justia Opinion Summary: Petitioner Arther Deyke Kasonso petitioned the Tenth Circuit to review of a Board of Immigration Appeals (BIA) order denying his motion for reconsideration. His petition raised a single, narrow issue: whether the BIA…

Justia Opinion Summary: In separate prosecutions arising from the same event, Defendant-Appellant Armando Marrufo was convicted in federal court of being a felon in possession of a firearm and in state court of tampering with evidence by hiding…

Justia Opinion Summary: On April 11, 2008, Defendant-Appellant Christopher Roy Chavez was arrested during a traffic stop for driving while intoxicated (DWI). After his arrest, the police impounded the vehicle he was driving. They subsequently…

Justia Opinion Summary: Sorenson Communications, Inc. challenged the 2010-2011 rates set by the Federal Communication Commission (FCC or Commission) to compensate Video Relay Service providers, including Sorenson. Video Relay Service (VRS) is a…

Justia Opinion Summary: Pro se prisoner Defendant Ricky Green petitioned the Tenth Circuit to appeal a district court's denial of his motion to vacate, set aside or correct his sentence. Defendant was convicted after a jury trial of various…

Justia Opinion Summary: Petitioner Sushma KC sought review of a Board of Immigration Appeals’ (BIA) denial of her motion to reopen or reconsider its previous decision denying her asylum, withholding of removal, and protection under the…

Justia Opinion Summary: Plaintiffs DISH Network Corporation and DISH Network LLC (Dish) filed a diversity action in the District of Colorado seeking a judgment declaring that Dish's insurers had a duty under Colorado law to defend Dish in a…

Justia Opinion Summary: Appellant Gabriela Cordova-Soto petitioned the Tenth Circuit for review of a Department of Homeland Security (DHS) order reinstating her prior removal order under 8 U.S.C. 1231 (a)(5). Appellant is a native and citizen…

Justia Opinion Summary: Pro se prisoners Defendants William Pickard and Clyde Apperson filed a consolidated application for a certificate of appealability (COA) to appeal the district court's denial of certain claims they presented in their…

Justia Opinion Summary: Petitioner Theresa Freeman appealed the denial of her applications for social security disability insurance benefits and supplemental security income benefits. Petitioner applied for benefits in June 2007, alleging she…

Justia Opinion Summary: Payne County Jail Administrator Brandon Myers appealed a district court's order that denied his motion for summary judgment that asked for qualified immunity. While held as a pretrial detainee at the Payne County Jail,…

Justia Opinion Summary: Plaintiff Steven Lucas filed suit against Liberty Life Assurance Company of Boston (Liberty Life), asserting that the company violated the Employee Retirement Income Security Act of 1974 (ERISA) when it denied his claim…

Justia Opinion Summary: Petitioner Chuwuma Azubuko appealed the dismissal of his 42 U.S.C. 1983 complaint for lack of venue. Petitioner filed a complaint in the Western District of Oklahoma alleging Latoya Irish and an unknown Boston police…

Justia Opinion Summary: Plaintiff-Appellant Denice Twigg appealed a district court’s order that granted summary judgment in favor of Defendant-Appellee Hawker Beechcraft Corporation (HBC) on Plaintiff's claims for (1) retaliation under 42…

Justia Opinion Summary: Pro se prisoner Petitioner Eric Griffin appealed a district court's dismissal of his petition for the writ of habeas corpus. The court dismissed Mr. Griffin’s petition after he failed to respond to its order to show that…

Justia Opinion Summary: Defendant-Appellant Alan Tukes appealed his federal conviction for bank robbery, arguing that the government’s evidence was insufficient to prove that the bank was insured by the Federal Deposit Insurance Corporation…

Justia Opinion Summary: Mexican national Defendant-Appellant Nicolas Cobos-Chachas pled guilty to unlawfully reentering the United States after deportation. At sentencing, the district court varied downward from the advisory guidelines range…

Justia Opinion Summary: Plaintiff-Appellant Ed Henry appealed a district court’s final judgment in favor of Defendants-Appellees police officers Jacob Storey and Amy Fangio after a jury trial. He contended that the district court erred in (1)…

Justia Opinion Summary: Plaintiff-Appellant Richard Martinez appealed the dismissal of his 42 U.S.C. 1983 complaint. Plaintiff filed suit against Kevin Milyard and Susan Jones, his previous and current wardens, respectively. His complaint…

Justia Opinion Summary: Defendant Juan Alberto Saldivar-Munoz pleaded guilty to illegal reentry after previous deportation from the United States. In his plea agreement, Defendant preserved his right to appeal the district court’s grant of the…

Justia Opinion Summary: Petitioner Margarito Escalera Luevano applied for an adjustment of status during his removal proceedings based on his eligibility for an immigrant visa. He also requested an indefinite continuance in anticipation of the…

Justia Opinion Summary: Pro se prisoner Defendant Jose Prado-Diaz petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge the district court's denial of his motion to vacate, set aside or correct his sentence.…

Justia Opinion Summary: Petitioners Mihiretab Teshome Jobira and Beza Teshome Jobira petitioned the Tenth Circuit to review final orders of removal. The Jobiras are natives and citizens of Ethiopia. They claimed to be brother and sister. In…

Justia Opinion Summary: Plaintiff-Appellant Timothy Arles appealed a district court judgment that affirmed the Commissioner of Social Security's denial of his application for supplemental security income benefits (SSI). An Administrative Law…

Justia Opinion Summary: Defendant Erlin Ayala appealed his conviction for possession with the intent to distribute 50 grams or more of a mixture or substance containing methamphetamine. He argued that the district court erred in denying his…

Justia Opinion Summary: Plaintiff-Appellant Timothy Grede appealed a district court's order upholding the Commissioner of Social Security's denial of disability benefits. In 2004, Plaintiff applied for benefits asserting an onset date of 2002…

Justia Opinion Summary: Pro se prisoner Defendant Franklin Kemp petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge the district court's denial of his application for post-conviction relief. Defendant was…

Justia Opinion Summary: Defendant Juan Soto-Munoz applied to the Tenth Circuit for a certificate of appealability (COA) to challenge the district court's denial of his petition for the writ of habeas corpus. Defendant pleaded guilty to an…

Justia Opinion Summary: Defendant Alfonzo Moya-Breton filed a motion for relief under 28 U.S.C. 2255 at the district court claiming that he had received ineffective assistance of trial and appellate counsel. The court denied the motion and…

Justia Opinion Summary: This appeal arose from a dispute between a city and a rural water district over their rights to serve customers in several annexed areas of Douglas County, Kansas. Rural Water District No. 4 brought this suit against the…

Justia Opinion Summary: The Kansas Sexually Violent Predator Act provides that individuals adjudged to be sexually violent predators due to a mental abnormality or personality disorder shall be committed to the custody of the secretary of…

Justia Opinion Summary: Pro se prisoner Petitioner Ronald Bishop sought a certificate of appealability (COA) to appeal the district court's denial of his petition for the writ of habeas corpus. Petitioner was convicted by an Oklahoma…

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Cynthia Pinkey sought a certificate of appealability (COA) to appeal the district court's denial of his petition for the writ of habeas corpus. The district court dismissed…

Justia Opinion Summary: Pro se prisoner Movant Michael Rains applied to the Tenth Circuit for a second or successive application for habeas corpus. In 2001, Movant pleaded guilty in Oklahoma state court to making a telephone bomb threat,…

Justia Opinion Summary: Petitioner Christopher Yancey filed an action in district court contending that Oklahoma state-court rulings terminating his parental rights over his Indian child were invalid under the Indian Child Welfare Act (ICWA).…

Justia Opinion Summary: Israeli citizens Arturas Bakanovas, Edita Bakanovas, and their daughter, Karolina Bakanovas, sought review of an order of the Board of Immigration Appeals (BIA) that denied their motion to reopen. In 1990 Arturas and…

Justia Opinion Summary: This was the second appeal in litigation arising from the Secretary of Health and Human Services' (HHS) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe (Tribe). In an initial…

Justia Opinion Summary: Defendant Brian Charles Olinger appealed the eighteen-month term of imprisonment the district court imposed after he pled guilty to three Grade C violations of his supervised release. On September 30, 2009, Defendant was…

Justia Opinion Summary: In January 2009, Defendant-Appellant Robert Blechman and a codefendant, Itsik (Issac) Yass, were tried together in the District of Kansas on charges of mail fraud, aggravated identity theft, and conspiracy to commit mail…

Justia Opinion Summary: Ruben Flores-Olmos pleaded guilty to one count of being an alien in the United States after deportation but reserved his right to appeal the district court's denial of his motion to suppress evidence acquired during a…

Justia Opinion Summary: Defendant-Appellee Carl Roy Burleson and two companions were stopped by a Roswell police officer because they were walking in the middle of the street and because they were carrying an unleashed dog, which aroused the…

Justia Opinion Summary: Petitioner Becky Jean Willig appealed an opinion and order entered by a United States Magistrate Judge that affirmed the decision of the Commissioner of Social Security (Commissioner) denying her application for…

Justia Opinion Summary: Plaintiff-Appellant Christie Helm appealed a district court’s order granting summary judgment in favor of the State of Kansas (the State) on her claim for sexual harassment under Title VII of the Civil Rights Act of…

Justia Opinion Summary: Tarrant Regional Water District ("Tarrant"), a Texas state agency, applied to the Oklahoma Water Resources Board ("the OWRB") for permits to appropriate water at three locations in Oklahoma for use in Texas. Just before…

Justia Opinion Summary: The City of Hugo, Oklahoma, and the Hugo Municipal Authority, a public water trust, (collectively "Hugo") contracted with the City of Irving, Texas, ("Irving") for the sale of water Hugo has been allocated or sought to…

Justia Opinion Summary: Minta del Carmen Rivera Barrientos suffered an attack at the hands of gang members in her native country of El Salvador. She escaped to the United States and sought asylum. She contended she was eligible for asylum under…

Justia Opinion Summary: Bureau of Prisons officers searched Defendant-Appellant Odalis Perez-Jiminez’s person and cell at the Federal Correctional Institution in Florence, Colorado. In his pockets, they found two shanks. Defendant was indicted…

Justia Opinion Summary: The issue before the Tenth Circuit in this case pertained to a "class-of-one" equal protection lawsuit against a county government based on its demand that a property owner correct a nuisance. Kansas Penn Gaming, LLC…

Justia Opinion Summary: Plaintiffs Mary Hull, Nelson Phelps, and the Association of US West Retirees appealed a district court’s order that rejected their Freedom of Information Act (FOIA) claim against Defendant Internal Revenue Service (IRS).…

Justia Opinion Summary: Appellants F. Jeffrey Miller and Hallie Irvin were charged in an eleven-count indictment with a variety of crimes stemming from an alleged conspiracy to defraud mortgage lenders in connection with the subprime housing…

Justia Opinion Summary: Plaintiffs Ginger James and Deborah Tennison brought suit under 42 U.S.C.1983 alleging Defendant Prue Public Schools’ (the District) termination of their employment violated their First and Fourteenth Amendment rights.…

Justia Opinion Summary: Murray County Oklahoma deputy sheriff Craig Billings, and City of Sulphur Police Officers Steve Watkins and Tony Simpson appealed a district court’s denial of their motion for summary judgment based on qualified…

Justia Opinion Summary: The Tenth Circuit considered whether the Bureau of Indian Affairs (BIA) properly exercised its discretion to reject a gift of property by a member of the Miami Tribe of Oklahoma to the tribe. The Court noted that this…

Justia Opinion Summary: Defendant Curtis Cordery appealed his sentence, arguing that it was error for the district court to increase his term of imprisonment to enable him to qualify for a prison drug treatment program. Defendant pled guilty to…

Justia Opinion Summary: Prisoner (Defendant) Grover Miskovsky, a prisoner of the State of Oklahoma, brought claims under 42 U.S.C. 1983 in district court alleging that Justin Jones, Director of the Oklahoma Department of Corrections (ODOC), had…

Justia Opinion Summary: Defendant Chang Hong sought a certificate of appealability from the Tenth Circuit to appeal the district court’s denial of his motion for post-conviction relief as untimely. He asserted claims of ineffective assistance…

Justia Opinion Summary: A jury convicted Defendant Cesar Acosta-Gallardo on one count of conspiracy to traffic methamphetamine, and on one count of using a telephone to facilitate a felony drug offense. Defendant appealed his conviction,…

Justia Opinion Summary: Pro se Plaintiff-Appellant Lester Washington filed this action against twenty-six defendants who all have various connections to Colorado State University. The district court dismissed Plaintiff’s complaint without…

Justia Opinion Summary: Pro se prisoner Petitioner Richard Sigala sought a certificate of appealability (COA) from the Tenth Circuit to appeal the district court’s dismissal of his habeas petition as time barred. After a jury convicted…

Justia Opinion Summary: In 2010, a federal jury convicted Defendant Risheen Robinson of distributing crack cocaine in violation. After trial, the district court found that Defendant qualified as a “career offender” under U.S.S.G. 4B1.1 in light…

Justia Opinion Summary: Plaintiff Qwest Corporation (Qwest) and Defendants Colorado Public Utilities Commission (CPUC), individual commissioners, and Cbeyond Communications, LLC (Cbeyond) (together, defendants), cross-appealed the district…

Justia Opinion Summary: Defendant Marcus Coleman was convicted of selling crack cocaine and marijuana on three separate occasions in 2002, in violation of Oklahoma’s Trafficking in Illegal Drugs Act. Because he was between the ages of 16 and 17…

Justia Opinion Summary: The Office of Surface Mining Reclamation and Enforcement (OSM) approved an application by BHP Navajo Coal Company (BNCC) to revise the mining plan at its Navajo Mine. Dine Citizens Against Ruining Our Environment and San…

Justia Opinion Summary: Pro se prisoner Petitioner Frederick Solarin sought a certificate of appealability (COA) to appeal a district court’s dismissal of his motion for post-conviction relief. Petitioner was convicted of bank robbery and…

Justia Opinion Summary: Jack Katz and Infinity Clark Street Operating were minority shareholders in a real estate investment trust (REIT) owned by Archstone Smith Trust, a public company. Archstone entered into a merger agreement in which two…

Justia Opinion Summary: Defendant Doroteo Rendon-Martinez was convicted of possession of a firearm and ammunition by a felon and of illegal reentry by an alien after being deported. He appealed his convictions and 180-month concurrent sentences…

Justia Opinion Summary: Defendant Juan Jose Montoya-Ruiz appeals his 46-month sentence for unlawful reentry of an alien who had previously been deported after commission of an aggravated felony. On appeal, Defendant challenged the substantive…

Justia Opinion Summary: In January 2011, Daniel Bagwell filed a pro se complaint against his former employer, Safeway Denver Milk Plant (“Safeway”). In his complaint, Mr. Bagwell asserted claims for sex discrimination and retaliation under…

Justia Opinion Summary: Pro se prisoner Petitioner James Fulton sought to appeal a district court's denial of his motion for post-conviction relief. Petitioner was serving a 120-month sentence following his conviction on cocaine possession and…

Justia Opinion Summary: Defendant Carolyn Bell unsuccessfully sought post-conviction relief from the district court and petitioned the Tenth Circuit for a certificate of appealability. Defendant was indicted for possessing crack cocaine with…

Justia Opinion Summary: Eric Walters was a federal employee covered by a Standard Option health insurance plan (the Plan) administered by Blue Cross Blue Shield of Kansas City (Blue Cross). In November 2007 he went to Weight Loss Healthcare…

Justia Opinion Summary: Plaintiff-appellant Darlene Low, an employee of the Southwestern Power Administration, filed a complaint against the Secretary of the Department of Energy asserting five claims: three retaliation claims and one hostile…

Justia Opinion Summary: Petitioner Richard Rojem appealed a district court’s denial of his Ex Parte Motion for De Novo Review of Preliminary Budget and his Ex Parte Motion for Approval of Funding for Expert Assistance which he filed in his…

Justia Opinion Summary: Third-party defendant Providence Holdings, Inc. appealed a partial summary judgment that awarded Skilstaf, Inc. and Park Avenue Property & Casualty Insurance Company, Inc. (PACA) damages arising out of a loan dispute.…

Justia Opinion Summary: Defendant Brice Hernandez was originally convicted of possessing an unregistered firearm seven years ago, for which he served time and won supervised release. Subsequently, he violated the conditions imposed on his…

Justia Opinion Summary: Pro se prisoner Petitioner Sammy McMurray filed a series of appeals to the Tenth Circuit. He has been confined to the New Mexico Behavioral Health Institute’s long-term care division. As could be discerned from…

Justia Opinion Summary: Plaintiff-Appellant Anthony Brodzki claimed that during a 2008 traffic stop, an officer from the Topeka Police Department assaulted him by standing between Plaintiff and his car and by “putting his large frame toward…

Justia Opinion Summary: Plaintiff-Appellant Larry Lauer filed a complaint against the Utah State Office of Rehabilitation and three of its employees alleging Defendants discriminated against him for being disabled. Plaintiff did not explain the…

Justia Opinion Summary: Defendant Daniel Cadle appealed a district court order that confirmed an arbitration award against him on Plaintiff Kerry Hicks’s claims of defamation and intentional infliction of emotional distress. Defendant’s…

Justia Opinion Summary: Plaintiff-Appellant Debra Kruse appealed the Commissioner of Social Security’s denial of benefits, claiming that an Administrative Law Judge (ALJ) erred in considering her medical source evidence and her credibility.…

Justia Opinion Summary: Plaintiff-Appellant Jeffrey McFerran appealed a district court judgment that affirmed the Commissioner of Social Security’s denial of his application for disability benefits. Plaintiff sought benefits based on…

Justia Opinion Summary: Plaintiffs Russell and Jennifer Johnson blamed Liberty Mutual for failing to hold onto a pair of tail lights that they said would have helped them win a personal injury lawsuit they wanted to bring. Plaintiffs never…

Justia Opinion Summary: Plaintiffs Aviva Life & Annuity Company and American Investors Life Insurance Company (collectively, "Aviva") contended the Federal Deposit Insurance Corporation (FDIC) acted in an arbitrary and capricious manner in…

Justia Opinion Summary: Plaintiff-Appellant Patrick Dorman appealed a district court's denial of his request for an Equal Access to Justice (EAJA) fee. Plaintiff filed his application for social security disability benefits in 2004 alleging…

Justia Opinion Summary: Petitioner Budiyanto Juned, a native and citizen of Indonesia, appealed a Board of Immigration Appeals' (BIA) decision that denied his applications for asylum and restriction on removal under the Convention Against…

Justia Opinion Summary: Pro se prisoners Petitioners Arnoldo Zapata and Humberto Galvan both sought a certificate of appeal from the Tenth Circuit to challenge their respective convictions for conspiracy to distribute cocaine. Petitioners were…

Justia Opinion Summary: Defendant Steven Romero appealed his three year sentence for aggravated animal cruelty. In 2009, Defendant tied a rope around the neck of "Buddy," a dog belonging to a family in Delta, Colorado, and dragged him to death…

Justia Opinion Summary: Plaintiff-Appellant Terry Winne appealed a district court's order that dismissed his complaint for failing to state a claim under the Family and Medical Leave Act (FMLA). In 1999, Winne began working for the City of…

Justia Opinion Summary: Defendant-Appellant Michael Cooper was convicted by jury on one count of conspiracy to defraud, and multiple counts of mail and wire fraud, money laundering and engaging in transactions derived from unlawful activity.…

Justia Opinion Summary: Pro se prisoner Petitioner Cordell Nichols petitioned the Tenth Circuit for a certificate of appealability (COA) to appeal a district court's dismissal of his motion to vacate, set aside or correct his sentence. The…

Justia Opinion Summary: Plaintiff-Appellant Larry Snyder and Company appealed a district court's grant of summary judgment to Defendant-Appellee Clark Miller, which did business as American Underground Utilities. Snyder and Miller entered into…

Justia Opinion Summary: Plaintiff-Appellant Dawn Bunch brought suit under 42 U.S.C. 1983 alleging that Defendant Independent School District No. I-050 of Osage County (Prue Public Schools) violated her First and Fourteenth Amendment rights. She…

Justia Opinion Summary: Plaintiff-Appellant Louanne Cypert brought suit under 42 U.S.C. 1983 and several anti-discrimination statutes alleging that Defendant Independent School District No. I-050 of Osage County's (Prue Public Schools) failure…