2017 Tenth Circuit US Court of Appeals Case Law

Opinions 1 - 500 of 1081

Welch v. Saunders
Date: December 29, 2017
Docket Number: 17-1202
Reed v. Cline
Date: December 29, 2017
Docket Number: 17-3173
United States v. McKibbon  
Date: December 28, 2017
Docket Number: 16-1493

Justia Opinion Summary: Defendant Gary McKibbon pled guilty to being a felon in possession of a firearm. In calculating his sentence for that offense under the 2016 sentencing guidelines, the district court consulted U.S.S.G. 2K2.1, which provi...

United States v. Rios-Morales  
Date: December 28, 2017
Docket Number: 16-3233

Justia Opinion Summary: A jury found Defendant Jose Rios-Morales guilty of possessing with intent to distribute more than fifty grams of methamphetamine and conspiring to do the same. He received a sentence of 292 months’ imprisonment, at the b...

United States ex rel. Barrick v. Parker-Migliorini Int'l  
Date: December 28, 2017
Docket Number: 16-4136

Justia Opinion Summary: Brandon Barrick brought an action under the False Claims Act on behalf of the United States, alleging his former employer Parker-Migliorini International (PMI) illegally smuggled beef into Japan and China. At the time of...

United States v. Saulsberry  
Date: December 28, 2017
Docket Number: 16-6306

Justia Opinion Summary: Defendant Walter Saulsberry pleaded guilty to possession of 15 or more unauthorized credit cards with intent to defraud. He reserved the right to appeal the district court's denial of his motion to suppress cards seized...

United States v. Turley  
Date: December 28, 2017
Docket Number: 16-7090

Justia Opinion Summary: Richard Turley appealed the grant of summary judgment in favor of the United States, acting on behalf of the United States Postal Service, awarding specific performance of an option to purchase real estate from Turley. T...

EEOC v. JetStream Ground Services  
Date: December 28, 2017
Docket Number: 17-1003

Justia Opinion Summary: A jury rejected an employment-discrimination claim against JetStream Ground Services, Inc. filed by several Muslim women and the Equal Employment Opportunity Commission (EEOC) who alleged that JetStream discriminated aga...

United States v. Orduno-Ramirez
Date: December 28, 2017
Docket Number: 17-3010
United States v. Vargas
Date: December 28, 2017
Docket Number: 17-3029
Farrell v. Montoya  
Date: December 27, 2017
Docket Number: 16-2216

Justia Opinion Summary: Oriana Lee Farrell and her five children claimed that Defendant Elias Montoya, while on duty as a New Mexico state police officer, violated their Fourth Amendment rights when he fired three shots at their minivan as it d...

United States v. Martinez
Date: December 27, 2017
Docket Number: 17-2191
Lane v. English
Date: December 27, 2017
Docket Number: 17-3165
United States v. Arnold (Richard Sr.)  
Date: December 27, 2017
Docket Number: 17-6038

Justia Opinion Summary: Richard Arnold, Sr., his wife Robyn, and his sons Ricky and Robert, devised a scheme to defraud individuals out of rebates paid to them when they purchased new vehicles. The Arnolds persuaded the victims to turn their re...

Akothe v. Bear
Date: December 27, 2017
Docket Number: 17-6221
May v. Allbaugh
Date: December 27, 2017
Docket Number: 17-7050
United States v. Safford
Date: December 27, 2017
Docket Number: 17-8029
Mottas v. Department of Army
Date: December 27, 2017
Docket Number: 17-9504
Modoc Lassen Indian Housing v. DOHUD
Date: December 22, 2017
Docket Number: 14-1313
United States v. Johnson  
Date: December 22, 2017
Docket Number: 16-3280

Justia Opinion Summary: A jury convicted Karen Johnson of conspiring to distribute cocaine base. She appealed, arguing the district court violated the Sixth Amendment when it imposed on her the 120-month minimum sentence mandated in 21 U.S.C. 8...

United States v. Ingram
Date: December 22, 2017
Docket Number: 16-6221
United States v. Etenyi
Date: December 21, 2017
Docket Number: 16-3364
Jones v. Berryhill
Date: December 21, 2017
Docket Number: 17-1107
United States v. Hopson
Date: December 21, 2017
Docket Number: 17-2018
United States v. Coleman
Date: December 21, 2017
Docket Number: 17-2049
Vasquez Arroyo v. Pryor
Date: December 21, 2017
Docket Number: 17-3199
United States v. Reed
Date: December 21, 2017
Docket Number: 17-8015
United States v. Wade (Michael)
Date: December 20, 2017
Docket Number: 16-1364
Latin v. Bellio Trucking
Date: December 20, 2017
Docket Number: 16-1496
Azim v. Tortoise Capital Advisors
Date: December 20, 2017
Docket Number: 16-3235
United States v. Chow
Date: December 20, 2017
Docket Number: 16-8115
Consolidation Coal Company v. OWCP
Date: December 20, 2017
Docket Number: 16-9539
Montano v. Brennan
Date: December 20, 2017
Docket Number: 17-2053
United States v. Verdin-Garcia
Date: December 20, 2017
Docket Number: 17-3154
United States v. Davis
Date: December 20, 2017
Docket Number: 17-4040
United States v. Mobarekeh
Date: December 20, 2017
Docket Number: 17-6116
Medina v. Catholic Health Initiatives  
Date: December 19, 2017
Docket Number: 16-1005

Justia Opinion Summary: The Employee Retirement Income Security Act of 1974 (ERISA), generally exempts from its requirements “church plans”: employee-benefit plans established and maintained by churches for their employees. ERISA also extends t...

Wilson v. Falk  
Date: December 19, 2017
Docket Number: 16-1310

Justia Opinion Summary: Colorado state prisoner Terrance Wilson was stabbed eleven times by a fellow inmate while incarcerated at a correctional Facility in Limon, Colorado. Having survived the attack, Wilson sued under 42 U.S.C. 1983 alleging...

United States v. Cravens
Date: December 19, 2017
Docket Number: 16-8111
Mathison v. Wilson
Date: December 19, 2017
Docket Number: 17-1165
United States v. Gonzalez-Arenas
Date: December 19, 2017
Docket Number: 17-1277
United States v. Tolentino
Date: December 19, 2017
Docket Number: 17-2099
United States v. Mobley
Date: December 19, 2017
Docket Number: 17-3234
Newmiller v. Raemisch  
Date: December 18, 2017
Docket Number: 16-1396

Justia Opinion Summary: Petitioner Todd Newmiller and several of his friends went to a Colorado Springs strip club to celebrate Newmiller’s birthday. After leaving the club, they had a fight with another group of men, during which Newmiller fat...

Estate of Ryan Ronquillo v. City & County of Denver
Date: December 18, 2017
Docket Number: 16-1476
United States v. Bagley  
Date: December 18, 2017
Docket Number: 16-3305

Justia Opinion Summary: This appeal involved a protective sweep of a house incident to the arrest of one of its occupants, defendant-appellant Stephen Bagley. The protective sweep yielded items that allowed law enforcement officials to obtain a...

Caddo Nation of Oklahoma v. Wichita & Affiliated Tribes  
Date: December 18, 2017
Docket Number: 16-6161

Justia Opinion Summary: In 2015, Wichita and affiliated tribes made plans to build a History Center on a plot of land held by the federal government in trust for the Wichita Tribe, Delaware Nation, and Caddo Nation jointly. One of those neighbo...

Nunez-Robles v. Sessions
Date: December 18, 2017
Docket Number: 16-9538
United States v. Abeyta  
Date: December 18, 2017
Docket Number: 17-1025

Justia Opinion Summary: Defendant Thomas Abeyta challenged the sentence he received for pleading to being a previously convicted felon in possession of a firearm. The district court enhanced Abeyta’s sentence pursuant to United States Sentencin...

United States v. Hennis
Date: December 18, 2017
Docket Number: 17-1157
United States v. White
Date: December 18, 2017
Docket Number: 17-1239
Western Energy Alliance v. Zinke  
Date: December 18, 2017
Docket Number: 17-2005

Justia Opinion Summary: Plaintiff-Appellee Western Energy Alliance (“WEA”) filed this lawsuit against two Defendants: the Secretary of the United States Department of the Interior, and the Bureau of Land Management (the “BLM”). WEA alleged that...

United States v. Garcia  
Date: December 18, 2017
Docket Number: 17-2019

Justia Opinion Summary: Defendant-appellant Phillip Garcia pled guilty to one count of possessing a firearm after having been convicted of a felony. He moved to withdraw his guilty plea, but the judge denied the motion. His crime carried a pris...

United States v. Johnson
Date: December 18, 2017
Docket Number: 17-6198
Old Republic Insurance Co. v. Continental Motors  
Date: December 15, 2017
Docket Number: 16-1408

Justia Opinion Summary: The Tenth Circuit addressed whether the federal district court in Colorado may exercise specific personal jurisdiction over out-of-state defendant Continental Motors, Inc. based upon its contacts with Colorado through it...

Gale v. Uintah County
Date: December 15, 2017
Docket Number: 16-4099
Acosta v. Raemisch  
Date: December 15, 2017
Docket Number: 17-1131

Justia Opinion Summary: Petitioner-Appellant Gabriel Acosta and his girlfriend, Chante Dillon, killed their roommate, Kimberly Dotson, after Dotson wrecked their car. Acosta and Dillon duct-taped, beat, and suffocated Dotson to death, then bagg...

Robertson v. Biby
Date: December 15, 2017
Docket Number: 17-3068
United States v. Black
Date: December 15, 2017
Docket Number: 17-7027
Braun v. Medtronic Sofamor Danek
Date: December 14, 2017
Docket Number: 15-4173
United States v. Soto
Date: December 14, 2017
Docket Number: 16-3276
Market v. City of Garden City, Kansas
Date: December 14, 2017
Docket Number: 16-3293
Puckett v. Allbaugh
Date: December 14, 2017
Docket Number: 16-6349
West Maui Properties v. Deutsche Bank Trust Company
Date: December 14, 2017
Docket Number: 17-1112
Garcia v. Recondo Technology
Date: December 14, 2017
Docket Number: 17-1221
Hurt v. USA
Date: December 14, 2017
Docket Number: 17-6138
United States v. Wright
Date: December 14, 2017
Docket Number: 17-7057
United States v. Louder
Date: December 13, 2017
Docket Number: 17-4022
Wood v. Allbaugh
Date: December 13, 2017
Docket Number: 17-6052
Reed v. Bryant
Date: December 13, 2017
Docket Number: 17-6082
United States v. Dunn
Date: December 12, 2017
Docket Number: 15-1475
United States v. Murphy
Date: December 12, 2017
Docket Number: 16-3255
United States v. Sandoval
Date: December 12, 2017
Docket Number: 17-2062
Wilson v. Wichita State University
Date: December 12, 2017
Docket Number: 17-3102
Morgan v. Carrington Mortgage Services
Date: December 12, 2017
Docket Number: 17-7014
Womble v. Harvanek
Date: December 12, 2017
Docket Number: 17-7023
United States v. Kendall  
Date: December 11, 2017
Docket Number: 16-6344

Justia Opinion Summary: Anthony Kendall pleaded guilty to forcibly assaulting a federal officer and inflicting a bodily injury. Kendall had two prior felony convictions: a federal conviction for aggravated assault while carrying a firearm and a...

United States v. Rollins
Date: December 11, 2017
Docket Number: 17-1226
United States v. Benton  
Date: December 8, 2017
Docket Number: 16-3332

Justia Opinion Summary: Defendant-Appellant Wayne Benton challenged his sentence. Benton pled guilty to one count of being a felon in possession of a firearm. His presentence investigation report (PSR) concluded Benton’s 2006 Kansas conviction...

United States v. Asfour
Date: December 8, 2017
Docket Number: 16-6231
Jordan v. Pugh
Date: December 8, 2017
Docket Number: 17-1280
Chon v. Obama
Date: December 8, 2017
Docket Number: 17-4122
Gokool v. Oklahoma City University
Date: December 8, 2017
Docket Number: 17-6131
Timoshchuk v. Sessions
Date: December 8, 2017
Docket Number: 17-9518
United States v. Toombs
Date: December 7, 2017
Docket Number: 17-3141
Walker v. Heimgartner
Date: December 7, 2017
Docket Number: 17-3151
United States v. Roberts
Date: December 7, 2017
Docket Number: 17-4021
United States v. Brooks
Date: December 7, 2017
Docket Number: 17-6095
Craighead v. Bear
Date: December 7, 2017
Docket Number: 17-6180
Iglesia Pentecostal Casa v. Johnson
Date: December 6, 2017
Docket Number: 16-3265
Sayyed v. Six Churches
Date: December 6, 2017
Docket Number: 17-1254
Milton v. Allbaugh
Date: December 6, 2017
Docket Number: 17-6130
Spencer v. Garden
Date: December 5, 2017
Docket Number: 16-4009
Keys v. Faulk
Date: December 5, 2017
Docket Number: 17-1144
Wallin v. Miller
Date: December 5, 2017
Docket Number: 17-1167
Phan v. American Family Insurance
Date: December 5, 2017
Docket Number: 17-1187
Whitesell v. Burnham
Date: December 5, 2017
Docket Number: 17-4050
United States v. Downing
Date: December 5, 2017
Docket Number: 17-6058
Bright v. University of Oklahoma
Date: December 5, 2017
Docket Number: 17-6101
Rachel v. Troutt
Date: December 5, 2017
Docket Number: 17-6123
Bridges v. Wilson
Date: December 4, 2017
Docket Number: 16-5177
Smith v. Sprint/United Management Co.
Date: December 1, 2017
Docket Number: 17-1142
Lornes v. Attorney Regulation Counsel
Date: November 30, 2017
Docket Number: 17-1098
United States v. Shaw
Date: November 30, 2017
Docket Number: 17-3126
Berry v. Fox
Date: November 30, 2017
Docket Number: 17-6192
United States v. Henry
Date: November 30, 2017
Docket Number: 17-7028
Groesbeck v. Bumbo International Trust
Date: November 29, 2017
Docket Number: 15-4150
United States v. Mirabal  
Date: November 29, 2017
Docket Number: 16-2188

Justia Opinion Summary: Defendant-appellant Gabriel Mirabel, a convicted felon and acting pro se, appealed when he was convicted on drug and weapon possession charges. Authorities thought that they saw Mirabal put an assault rifle in the trunk...

United States v. Ross
Date: November 29, 2017
Docket Number: 16-3334
United States v. Beierle
Date: November 29, 2017
Docket Number: 16-8040
United States v. McIntosh
Date: November 29, 2017
Docket Number: 17-3109
Haley v. Allbaugh
Date: November 29, 2017
Docket Number: 17-6111
Vansickle v. Braggs
Date: November 29, 2017
Docket Number: 17-7035
Pang v. Sessions
Date: November 29, 2017
Docket Number: 17-9500
United States v. Turrieta  
Date: November 28, 2017
Docket Number: 16-2281

Justia Opinion Summary: This appeal stems from the sentencing of Paul Turrieta for possession of a firearm and ammunition after a felony conviction. The district court imposed a 15-year sentence based on the Armed Career Criminal Act (ACCA) and...

Carney v. Oklahoma Dep't of Pub. Safety  
Date: November 28, 2017
Docket Number: 16-6276

Justia Opinion Summary: Plaintiff-Appellant Ray Carney appeals from the district court’s dismissal of his claims under the Eighth and Fourteenth Amendments. Carney, an Oklahoma state inmate appearing pro se, was convicted of sexually abusing a...

United States v. Cisneros-Guerrero
Date: November 28, 2017
Docket Number: 17-1246
United States v. Roibal-Bradley
Date: November 28, 2017
Docket Number: 17-2042
Mayfield v. Ruiz
Date: November 28, 2017
Docket Number: 17-2107
United States v. Baker
Date: November 28, 2017
Docket Number: 17-3033
United States v. Booker
Date: November 28, 2017
Docket Number: 17-3167
United States v. Wilcox
Date: November 27, 2017
Docket Number: 16-4094
Sotunde v. Safeway
Date: November 24, 2017
Docket Number: 16-1494
Azim v. Tortoise Capital Advisors
Date: November 24, 2017
Docket Number: 16-3235
Pinney v. City of Tulsa Oklahoma
Date: November 24, 2017
Docket Number: 16-5171
Lornes v. No Named Defendant
Date: November 24, 2017
Docket Number: 17-1315
United States v. Huntsman
Date: November 24, 2017
Docket Number: 17-4031
United States v. Waugh
Date: November 24, 2017
Docket Number: 17-6171
Sylvia v. Wisler  
Date: November 22, 2017
Docket Number: 15-3284

Justia Opinion Summary: Kansas distinguishes between legal malpractice claims: some sound in contract, others sound in tort. Plaintiff Cory Sylvia sued his former attorneys, James Wisler and David Trevino, for legal malpractice allegedly soundi...

Thorpe v. Raemisch
Date: November 22, 2017
Docket Number: 17-1290
Mohammad v. Albuquerque Police Department
Date: November 22, 2017
Docket Number: 17-2132
United States v. Cohee
Date: November 22, 2017
Docket Number: 17-3099
United States v. Ailon-Ailon  
Date: November 22, 2017
Docket Number: 17-3178

Justia Opinion Summary: The Tenth Circuit expedited consideration of this bail appeal to consider Mario Ailon-Ailon’s argument that the government has misinterpreted the word “flee” as it appeared in 18 U.S.C. 3142(f)(2), resulting in his illeg...

Tracy v. Emigration Improvement
Date: November 22, 2017
Docket Number: 17-4062
Jackson v. Coons
Date: November 22, 2017
Docket Number: 17-5041
Koh v. United States
Date: November 22, 2017
Docket Number: 17-6160
Berry v. United States
Date: November 22, 2017
Docket Number: 17-6176
United States v. Buck
Date: November 21, 2017
Docket Number: 16-8103
United States v. Sanders
Date: November 21, 2017
Docket Number: 17-2122
Adams v. Bear
Date: November 21, 2017
Docket Number: 17-6196
Vue v. Dowling
Date: November 21, 2017
Docket Number: 17-6213
Isham v. United States
Date: November 21, 2017
Docket Number: 17-8054
Torres-Rivera v. Sessions
Date: November 21, 2017
Docket Number: 17-9511
Rascon v. Douglas
Date: November 20, 2017
Docket Number: 16-2251
Becker v. Walcher
Date: November 20, 2017
Docket Number: 17-1047
Session v. Kim
Date: November 20, 2017
Docket Number: 17-1174
Brooks v. Raemisch
Date: November 20, 2017
Docket Number: 17-1248
Catanach v. Thomson
Date: November 20, 2017
Docket Number: 17-2089
Parrish v. Arvest Bank
Date: November 20, 2017
Docket Number: 17-6042
Woodson v. McCollum  
Date: November 20, 2017
Docket Number: 17-6064

Justia Opinion Summary: Plaintiff Marcus Woodson, a prisoner of Oklahoma, sued several Oklahoma prison officials in Oklahoma state court, proceeding in forma pauperis (IFP) under state law. The defendants removed the case to federal district co...

Event Security v. Essex Insurance
Date: November 20, 2017
Docket Number: 17-6073
Nda Seka v. Sessions
Date: November 20, 2017
Docket Number: 17-9521
Elliot v. Ward  
Date: November 17, 2017
Docket Number: 16-6014

Justia Opinion Summary: Objector-Appellant Dale Hefner appeals from the district court’s denial of his motion for settlement-related discovery, approval of the settlement agreement, and order regarding attorneys’ fees. This case concerns the se...

United States v. Portillos
Date: November 16, 2017
Docket Number: 16-1323
City of Eudora v. Rural Water District No. 4  
Date: November 16, 2017
Docket Number: 16-3319

Justia Opinion Summary: Defendant Rural Water District No. 4, Douglas County, Kansas (“Douglas-4”) appealed a district court’s order granting summary judgment in favor of Plaintiff City of Eudora, Kansas (“Eudora”) in this declaratory judgment...

United States v. Jenks
Date: November 16, 2017
Docket Number: 16-4119
United States v. Meisel  
Date: November 14, 2017
Docket Number: 15-3182

Justia Opinion Summary: A jury found Steven Meisel guilty of distributing and possessing child pornography. On appeal, he argued the district court: (1) violated his right to present a complete defense by preventing him from adducing alternativ...

United States v. Benford  
Date: November 14, 2017
Docket Number: 15-6163

Justia Opinion Summary: A jury convicted Kenroy Benford of being a felon in possession of a firearm based on his constructive possession of a loaded pistol that police seized from an apartment bedroom he shared with his girlfriend. On appeal, B...

Lucio-Rayos v. Sessions  
Date: November 14, 2017
Docket Number: 15-9584

Justia Opinion Summary: The question presented in this appeal for the Tenth Circuit's review was whether Petitioner Juan Lucio-Rayos’s municipal theft conviction qualified as a crime involving moral turpitude (“CIMT”), which would have made him...

United States v. Lopez-Garcia
Date: November 14, 2017
Docket Number: 16-3174
Medina v. Choate  
Date: November 14, 2017
Docket Number: 17-1159

Justia Opinion Summary: Defendant Delano Medina filed an application for habeas relief, seeking dismissal of the charges against him on the ground that he has been denied his constitutional right to a speedy trial. He apparently proceeded under...

United States v. Titties
Date: November 14, 2017
Docket Number: 17-6140
United States v. Springer
Date: November 13, 2017
Docket Number: 15-5109
Fletcher v. Lengerich
Date: November 13, 2017
Docket Number: 17-1288
Hill v. Corizon Health
Date: November 13, 2017
Docket Number: 17-3087
Murphy v. Royal
Date: November 9, 2017
Docket Number: 07-7068
United States v. Lilak
Date: November 9, 2017
Docket Number: 17-1259
United States v. Morris
Date: November 9, 2017
Docket Number: 17-3074
United States v. Grigsby
Date: November 9, 2017
Docket Number: 17-3110
United States v. Lugo-Tovar
Date: November 8, 2017
Docket Number: 16-6259
Littlejohn v. Royal  
Date: November 7, 2017
Docket Number: 14-6177

Justia Opinion Summary: An Oklahoma jury convicted Emmanuel Littlejohn of first-degree murder and sentenced him to death. In this case's first appearance before the Tenth Circuit, the district court found Littlejohn’s ineffective-assistance and...

State of Wyoming v. EPA
Date: November 7, 2017
Docket Number: 14-9512
United States v. Ontiveros  
Date: November 7, 2017
Docket Number: 16-1362

Justia Opinion Summary: Defendant-Appellant, Tito Ontiveros, appeals from the district court judgment resentencing him following the vacation of his original sentence as a result of the Supreme Court’s decision in Johnson v United States (“John...

Rael v. Smith's Food and Drug Centers
Date: November 7, 2017
Docket Number: 16-2278
Donner v. Nicklaus
Date: November 7, 2017
Docket Number: 16-4149
Ute Indian Tribe of the Uintah v. Lawrence
Date: November 7, 2017
Docket Number: 16-4154
United States v. Valdez-Borja
Date: November 7, 2017
Docket Number: 17-2119
Mitchell v. Kansas City Kansas School Dist
Date: November 7, 2017
Docket Number: 17-3090
Burnett v. Allbaugh
Date: November 7, 2017
Docket Number: 17-6133
Dodd v. McCollum
Date: November 7, 2017
Docket Number: 17-6194
United States v. Withrow
Date: November 7, 2017
Docket Number: 17-8019
Phan v. Cross
Date: November 6, 2017
Docket Number: 17-1186
In re: Robinson
Date: November 6, 2017
Docket Number: 17-1329
Utter v. Colclazier
Date: November 6, 2017
Docket Number: 17-7002
Weldon v. Pacheco
Date: November 6, 2017
Docket Number: 17-8030
United States v. Cano-Bahena
Date: November 2, 2017
Docket Number: 16-3298
Johnston v. Hunter Douglas Window Fashions
Date: November 2, 2017
Docket Number: 17-1099
Ryan v. Corrections Corp. of America
Date: November 2, 2017
Docket Number: 17-6057
Pyle v. Woods  
Date: November 1, 2017
Docket Number: 15-4163

Justia Opinion Summary: Defendant James Woods, a detective in the Cottonwood Heights Police Department, was informed by Utah’s Unified Fire Authority (“UFA”) that medications, including opioids and sedatives, were missing from several UFA ambul...

United States v. Ballard
Date: November 1, 2017
Docket Number: 16-3274
United States v. Foy
Date: November 1, 2017
Docket Number: 17-3024
Pauly v. White
Date: October 31, 2017
Docket Number: 14-2035
Kansas Department for Children v. SourceAmerica  
Date: October 31, 2017
Docket Number: 16-3228

Justia Opinion Summary: This interlocutory appeal concerned a contract dispute about the provision of food services at the Fort Riley Army base in Kansas. The Department of the Army (Army) contracts with outside vendors for food preparation and...

United States v. Renteria
Date: October 31, 2017
Docket Number: 16-4204
United States v. Lemon
Date: October 31, 2017
Docket Number: 16-6213
Alvarado v. Smith
Date: October 31, 2017
Docket Number: 17-2145
Harrold v. Berryhill
Date: October 31, 2017
Docket Number: 17-5037
Cornforth v. Fidelity Investments
Date: October 31, 2017
Docket Number: 17-6061
Weaver v. Bear
Date: October 31, 2017
Docket Number: 17-6169
United States v. Westover
Date: October 31, 2017
Docket Number: 17-8013
First Western Capital v. Malamed  
Date: October 30, 2017
Docket Number: 16-1434

Justia Opinion Summary: First Western Capital Management (“FWCM”), and its parent company First Western Financial, Inc. (collectively, “First Western”), sought a preliminary injunction against former employee Kenneth Malamed for misappropriatin...

United States v. O'Connor  
Date: October 30, 2017
Docket Number: 16-3300

Justia Opinion Summary: Darnell O’Connor pled guilty to violating 18 U.S.C. 922(g)(1), which bars felons from possessing firearms. The Government argued O’Connor’s sentence should have been enhanced under section 2K2.1(a)(4)(A) of the United St...

SCO Group v. IBM  
Date: October 30, 2017
Docket Number: 16-4040

Justia Opinion Summary: The Santa Cruz Operation, Inc. (Santa Cruz) entered into a business arrangement with International Business Machines Corp. (IBM) to develop a new operating system that would run on a more advanced processor manufactured...

Sinclair Wyoming Refining v. EPA
Date: October 30, 2017
Docket Number: 16-9532
Williams v. RGA Home Health Services
Date: October 27, 2017
Docket Number: 17-1150
Mohammad v. Albuquerque Police Department
Date: October 27, 2017
Docket Number: 17-2080
Watts v. Berryhill
Date: October 27, 2017
Docket Number: 17-4004
Ellis v. Oliver
Date: October 26, 2017
Docket Number: 16-1387
Gadd v. Campbell
Date: October 26, 2017
Docket Number: 16-4048
United States v. Hardin  
Date: October 25, 2017
Docket Number: 16-1229

Justia Opinion Summary: Defendant Kenneth Hardin was the senior manager of the Civil Rights Division for the Regional Transportation District in Colorado (RTD). Lucilious Ward was the owner–operator of a busing company that had been certified a...

United States v. Toombs
Date: October 25, 2017
Docket Number: 17-3073
Brooks v. Colo. Dept. of Corrections
Date: October 24, 2017
Docket Number: 16-1469
United States v. Smith
Date: October 24, 2017
Docket Number: 17-6128
Laul v. Los Alamos National Lab
Date: October 23, 2017
Docket Number: 16-2245
United States v. Wells  
Date: October 23, 2017
Docket Number: 16-4006

Justia Opinion Summary: The Bureau of Land Management (“BLM”) closed an area of Recapture Canyon to all-terrain vehicles (“ATVs”) in 2007, to prevent soil damage and the spoliation of archeological resources near the trail. Frustrated with what...

Sweat v. Rickards
Date: October 23, 2017
Docket Number: 17-2045
Stephens v. Alliant Techsystems
Date: October 23, 2017
Docket Number: 17-4002
Panicker v. Compass Group U.S.A. Inc.
Date: October 23, 2017
Docket Number: 17-6049
United States v. Stegman  
Date: October 20, 2017
Docket Number: 16-3321

Justia Opinion Summary: Defendant Kathleen Stegman was convicted by a jury of two counts of evading her personal taxes for the tax years 2007 and 2008. Stegman was sentenced to a term of imprisonment of 51 months, to be followed by a three-year...

Garcia v. City of Farmington
Date: October 20, 2017
Docket Number: 17-2001
United States v. Prieto
Date: October 19, 2017
Docket Number: 16-1333
United States v. Palmer
Date: October 19, 2017
Docket Number: 17-4078
United States v. Graves
Date: October 18, 2017
Docket Number: 17-4099
United States v. Mosley
Date: October 18, 2017
Docket Number: 17-6174
HCG Platinum v. Right Way Nutrition  
Date: October 17, 2017
Docket Number: 15-4157

Justia Opinion Summary: HCG Platinum, LLC ("HCG") and Preferred Product Placement Corporation (“PPPC”) entered into a Marketing Agreement under which PPPC agreed to place HCG products into specified retailers in exchange for a percentage of the...

United States v. Tovilla-Martinez
Date: October 17, 2017
Docket Number: 16-1331
Musclepharm Corp. v. Liberty Insurance
Date: October 17, 2017
Docket Number: 16-1462
Castillo v. Las Cruces Police Department
Date: October 17, 2017
Docket Number: 16-2235
Owings v. United of Omaha Life  
Date: October 17, 2017
Docket Number: 16-3128

Justia Opinion Summary: Plaintiff Greggory Owings sustained an on-the-job injury, for which he received long-term disability benefits by defendant United of Omaha Life Insurance Company (United), under the terms of a group insurance policy issu...

United States v. Harvey
Date: October 17, 2017
Docket Number: 16-7091
Cypress Semiconductor v. ARB
Date: October 17, 2017
Docket Number: 16-9523
United States v. Ellis
Date: October 17, 2017
Docket Number: 17-3037
United States v. McLean
Date: October 17, 2017
Docket Number: 17-5070
Sigg v. Allen County, Kansas
Date: October 16, 2017
Docket Number: 16-3360
United States v. Rodela-Castillo
Date: October 16, 2017
Docket Number: 17-2108
Bird v. Wyoming Attorney General
Date: October 16, 2017
Docket Number: 17-8033
United States v. Jordan
Date: October 13, 2017
Docket Number: 16-3370
Brimeyer v. Nelson
Date: October 13, 2017
Docket Number: 17-3016
Ali v. Jones
Date: October 13, 2017
Docket Number: 17-6050
Cooley v. Town of Kiowa
Date: October 13, 2017
Docket Number: 17-7019
Kirk v. Burke
Date: October 12, 2017
Docket Number: 17-2031
Dudley v. Kansas Dept. of Corrections
Date: October 12, 2017
Docket Number: 17-3076
Profita v. University of CO Regents
Date: October 11, 2017
Docket Number: 17-1127
Jones v. Goetz
Date: October 11, 2017
Docket Number: 17-1256
Johnson v. Patton
Date: October 11, 2017
Docket Number: 17-6158
Earthgrains Baking Companies v. Sycamore
Date: October 10, 2017
Docket Number: 15-4145
Brown v. City of Colorado Springs
Date: October 10, 2017
Docket Number: 16-1206
United States v. Billy
Date: October 10, 2017
Docket Number: 16-7071
United States v. Melot
Date: October 10, 2017
Docket Number: 17-2052
Chrisco v. Holubek
Date: October 6, 2017
Docket Number: 17-1169
Davis v. Fox
Date: October 6, 2017
Docket Number: 17-1247
Scott v. City of Albuquerque
Date: October 5, 2017
Docket Number: 15-2154
Sandlain v. English
Date: October 5, 2017
Docket Number: 17-3152
United States v. Mason
Date: October 5, 2017
Docket Number: 17-7011
Barrington v. United Airlines
Date: October 4, 2017
Docket Number: 16-1292
Hahn v. Reyes
Date: October 4, 2017
Docket Number: 17-4067
White v. Berryhill
Date: October 4, 2017
Docket Number: 17-5030
United States v. Wesberry
Date: October 4, 2017
Docket Number: 17-7000
Fundamental Admin. Services v. Cohen
Date: October 3, 2017
Docket Number: 17-2025
United States v. Soberanis
Date: October 2, 2017
Docket Number: 16-4191
Speed v. JMA Energy Company  
Date: October 2, 2017
Docket Number: 17-7040

Justia Opinion Summary: Plaintiff David Speed filed a petition asserting a putative class action against defendant JMA Energy Company, LLC. He alleged that JMA had willfully violated an Oklahoma statute that required payment of interest on dela...

United States v. Aman
Date: September 29, 2017
Docket Number: 17-3115
Barnes v. Clark
Date: September 29, 2017
Docket Number: 17-4047
Racher v. Westlake Nursing  
Date: September 28, 2017
Docket Number: 16-6011

Justia Opinion Summary: Eryetha Mayberry was abused by two certified nursing assistants while in the care of Quail Creek Nursing Home, operated by Westlake Nursing Home Limited Partnership and Westlake Management Company (collectively “Quail Cr...

Appleby v. Cline
Date: September 28, 2017
Docket Number: 17-3002
Bird v. Wyoming DOC
Date: September 26, 2017
Docket Number: 17-8053
Chapman v. Lampert
Date: September 26, 2017
Docket Number: 17-8062
Miller v. Ford
Date: September 25, 2017
Docket Number: 16-6289
Oldham v. O.K. Farms  
Date: September 25, 2017
Docket Number: 16-7069

Justia Opinion Summary: Plaintiff Earl Oldam raised chickens for O.K. Farms since 1995. In 2014, he and O.K. entered into the chicken-growing contract at issue in this case. The contract had a three-year duration, but O.K. retained the right to...

United States v. Tinajero-Porras
Date: September 25, 2017
Docket Number: 17-6108
United States v. Devries
Date: September 22, 2017
Docket Number: 16-8113
Suarez v. Anthem
Date: September 22, 2017
Docket Number: 17-1073
Allen v. People of the State of CO
Date: September 22, 2017
Docket Number: 17-1211
Muhtorov v. Choate
Date: September 22, 2017
Docket Number: 17-1252
United States v. Freeman
Date: September 22, 2017
Docket Number: 17-6068
Duran-Quintanilla v. Sessions
Date: September 22, 2017
Docket Number: 17-9513
In re: Motor Fuel Temperature
Date: September 21, 2017
Docket Number: 15-3221
Wyoming v. Zinke  
Date: September 21, 2017
Docket Number: 16-8068

Justia Opinion Summary: In cases consolidated for review, the issue presented for the Tenth Circuit centered on whether the Bureau of Land Management (BLM) acted beyond its statutory authority when it promulgated a regulation, 43 C.F.R. sec. 31...

United States v. Snyder  
Date: September 21, 2017
Docket Number: 16-8117

Justia Opinion Summary: Michael Snyder moved for immediate release from federal custody on the basis that he has already served more than the maximum sentence allowed by law for his crimes. He argued the Supreme Court’s decision in Johnson v. U...

Cunningham v. FBP
Date: September 21, 2017
Docket Number: 17-1054
Greene v. Logisticare Solutions
Date: September 21, 2017
Docket Number: 17-4109
Laratta v. Foster
Date: September 20, 2017
Docket Number: 16-1283
Church Mutual Insurance v. Maafu
Date: September 20, 2017
Docket Number: 17-4054
Healy v. Cox Communications  
Date: September 19, 2017
Docket Number: 15-6218

Justia Opinion Summary: Cox Cable subscribers cannot access premium cable services unless they also rent a set-top box from Cox. A class of plaintiffs in Oklahoma City sued Cox under antitrust laws, alleging Cox had illegally tied cable service...

Casalina v. Perry
Date: September 19, 2017
Docket Number: 16-2264
Thundathil v. Sessions
Date: September 19, 2017
Docket Number: 16-6343
Schupper v. Cafasso
Date: September 19, 2017
Docket Number: 17-1037
Sutton v. Van Leeuwen
Date: September 19, 2017
Docket Number: 17-1077
United States v. Miles
Date: September 19, 2017
Docket Number: 17-6037
Brown v. LaFerry's LP Gas Co.
Date: September 19, 2017
Docket Number: 17-7008
United States v. Osage Wind  
Date: September 18, 2017
Docket Number: 15-5121

Justia Opinion Summary: This case presented a question of whether a large-scale excavation project constituted “mining” under the pertinent federal regulations that address mineral development on Indian land. When an entity engages in “mining”...

Rivera v. IRS
Date: September 18, 2017
Docket Number: 16-2277
United States ex rel. Little v. Triumph Gear Systems
Date: September 18, 2017
Docket Number: 16-4152
WildEarth Guardians v. Bureau of Land Management  
Date: September 15, 2017
Docket Number: 15-8109

Justia Opinion Summary: Plaintiffs-Appellants WildEarth Guardians and Sierra Club challenged the Bureau of Land Management’s (BLM) decision to approve four coal leases in Wyoming’s Powder River Basin. Plaintiffs brought an Administrative Proced...

Breen v. Black
Date: September 15, 2017
Docket Number: 16-8105
Payton v. State of Kansas
Date: September 15, 2017
Docket Number: 17-3107
United States v. Thody
Date: September 15, 2017
Docket Number: 17-7012
Bustillos v. Board of County Commissioners
Date: September 14, 2017
Docket Number: 15-2213
United States v. Jackson
Date: September 14, 2017
Docket Number: 17-5020
United States v. Niles
Date: September 13, 2017
Docket Number: 16-8048
Bruscino v. True
Date: September 13, 2017
Docket Number: 17-1004
Davis v. Schnurr
Date: September 13, 2017
Docket Number: 17-3163
United States v. Sandoval-Enrique  
Date: September 12, 2017
Docket Number: 16-2043

Justia Opinion Summary: Defendant-Appellant Manuel Sandoval-Enrique petitioned to withdraw his guilty plea to one count of unlawfully reentering the United States after a previous removal. Sandoval-Enrique pled guilty without the benefit of any...

United States v. Contreras
Date: September 12, 2017
Docket Number: 17-2057
United States v. Garcia
Date: September 12, 2017
Docket Number: 17-4027
Sanchez v. Moniz  
Date: September 11, 2017
Docket Number: 16-2056

Justia Opinion Summary: While reading a daily report aloud to his colleagues, Sigiefredo Sanchez mixed up the order of words and numbers, skipped over sections, and gave briefing points out of order. Sanchez was unaware he had a reading disorde...

Qiu v. Sessions  
Date: September 11, 2017
Docket Number: 16-9522

Justia Opinion Summary: Petitioner Liying Qiu, a native and citizen of the People’s Republic of China, sought asylum and withholding of removal based on her status as a Christian who did not agree with China’s state-sanctioned version of Christ...

Whiteside v. McCollum
Date: September 11, 2017
Docket Number: 17-5031
Malone v. Board of County Commissioners
Date: September 8, 2017
Docket Number: 16-2222
Nash v. Wal-Mart Stores
Date: September 8, 2017
Docket Number: 17-1092
Miles v. Conrad
Date: September 8, 2017
Docket Number: 17-3100
Western Watersheds v. Michael  
Date: September 7, 2017
Docket Number: 16-8083

Justia Opinion Summary: In addition to a generally applicable law of trespass, Wyoming enacted a pair of statutes imposing civil and criminal liability upon any person who “[c]rosses private land to access adjacent or proximate land where he co...

R-S-C v. Sessions  
Date: September 6, 2017
Docket Number: 15-9572

Justia Opinion Summary: R-S-C illegally reentered the United States after having been removed and her prior removal order was reinstated, thus under the Attorney General’s interpretation of the Immigration and Nationality Act (INA), she could n...

Staples v. Maye
Date: September 6, 2017
Docket Number: 16-3135
United States v. Patton
Date: September 6, 2017
Docket Number: 16-6359
United States v. Cortes-Ponce
Date: September 6, 2017
Docket Number: 17-3028
EEOC v. CollegeAmerica Denver  
Date: September 5, 2017
Docket Number: 16-1340

Justia Opinion Summary: This appeal grew out of a dispute between a company and its former employee: CollegeAmerica Denver, Inc., and Debbi Potts. CollegeAmerica and Potts resolved a dispute by entering into a settlement agreement. But CollegeA...

United States v. Lubio
Date: September 5, 2017
Docket Number: 17-3079
Kapordelis v. Fox
Date: September 5, 2017
Docket Number: 17-6142
Clark v. City of Shawnee
Date: September 1, 2017
Docket Number: 17-3046
Webster v. Shulkin
Date: August 31, 2017
Docket Number: 16-4140
Webb v. State of Utah
Date: August 31, 2017
Docket Number: 16-4199
United States v. Haymond  
Date: August 31, 2017
Docket Number: 16-5156

Justia Opinion Summary: The district court revoked Andre Haymond’s supervised release based in part on a finding that Haymond knowingly possessed thirteen images of child pornography. The district court imposed the mandatory minimum sentence. H...

Hetronic International v. Rempe
Date: August 31, 2017
Docket Number: 16-6307
United States v. Brown
Date: August 31, 2017
Docket Number: 16-6373
Stanton v. Unknown Agent or Agency
Date: August 31, 2017
Docket Number: 17-3098
United States v. Allen
Date: August 30, 2017
Docket Number: 16-1450
Smith v. United States
Date: August 30, 2017
Docket Number: 17-1225
United States v. Larsen
Date: August 30, 2017
Docket Number: 17-4003
Williams v. CCA
Date: August 30, 2017
Docket Number: 17-7022
Villecco v. Vail Resorts
Date: August 30, 2017
Docket Number: 17-8020
Hancox v. Allbaugh
Date: August 29, 2017
Docket Number: 16-6333
United States v. Rojas-Alvarado
Date: August 29, 2017
Docket Number: 17-1104
Singh v. Sessions
Date: August 29, 2017
Docket Number: 17-9501
T.D. v. Patton  
Date: August 28, 2017
Docket Number: 16-1092

Justia Opinion Summary: Kelcey Patton, a social worker for the Denver Department of Human Services (“DDHS”), was one of those responsible for removing T.D., a minor at the time, from his mother’s home, placing him into DDHS’s custody, and recom...

Barnes v. United States
Date: August 28, 2017
Docket Number: 16-5166
Hagos v. Raemisch
Date: August 28, 2017
Docket Number: 17-1076
United States v. Moreno
Date: August 28, 2017
Docket Number: 17-3077
United States v. Mitchell
Date: August 28, 2017
Docket Number: 17-5056
Scott v. CIR
Date: August 28, 2017
Docket Number: 17-9001
Adams v. American Medical System
Date: August 25, 2017
Docket Number: 14-4057
Taos Ski Valley v. Nova Casualty Company
Date: August 25, 2017
Docket Number: 16-2118
United States v. Miller  
Date: August 25, 2017
Docket Number: 16-2229

Justia Opinion Summary: Rodney Miller was sentenced as a career offender under the 1998 version of the Sentencing Guidelines, based in part on his prior conviction for a crime of violence. After the Supreme Court’s decision in Johnson v. United...

Ute Indian Tribe of the Uintah v. Lawrence  
Date: August 25, 2017
Docket Number: 16-4154

Justia Opinion Summary: The contract at issue in this appeal was an Independent Contractor Agreement (the Contract) between the Ute Indian Tribe and Lynn Becker, a former manager in the Tribe’s Energy and Minerals Department. Becker claimed the...

Becker v. Ute Indian Tribe  
Date: August 25, 2017
Docket Number: 16-4175

Justia Opinion Summary: The Ute Indian Tribe of the Uintah and Ouray Reservation appealed a preliminary injunction ordering it not to proceed with litigation in tribal court against a nonmember former contractor, Lynn Becker. The district court...

AlNahhas v. Robert Bosch Tool
Date: August 25, 2017
Docket Number: 16-6163
Todd v. United States
Date: August 25, 2017
Docket Number: 17-1183
United States v. Garcia-Rodriguez
Date: August 25, 2017
Docket Number: 17-4034
United States v. Ellis  
Date: August 24, 2017
Docket Number: 14-3165

Justia Opinion Summary: In 2009, law-enforcement officials investigated a Mexican cocaine-trafficking operation extending into the Kansas City area. This led them to several suspects, including defendant-appellant Marvin Ellis, a low-level powd...

United States v. Kemp
Date: August 24, 2017
Docket Number: 15-3309
United States v. Cone  
Date: August 24, 2017
Docket Number: 16-5125

Justia Opinion Summary: Defendant John Cone pleaded guilty to possession of controlled substances with intent to distribute, but he reserved the right to appeal the district court’s denial of his motion to suppress the evidence seized from his...

Alonso-Bernabe v. Sessions
Date: August 24, 2017
Docket Number: 16-9563
Vallejos v. Lovelace Medical Center
Date: August 24, 2017
Docket Number: 17-2090
Warren v. United States
Date: August 24, 2017
Docket Number: 17-3142
In re: Motor Fuel Temperature  
Date: August 23, 2017
Docket Number: 15-3221

Justia Opinion Summary: Several individuals in multiple states (collectively, plaintiffs) brought class action lawsuits against various fuel retailers (collectively, defendants) based on defendants’ failure to control for, or at least disclose,...

Team Sys. International v. Haozous
Date: August 23, 2017
Docket Number: 16-6277
Forbes v. Garcia
Date: August 23, 2017
Docket Number: 17-1012
Blackwell v. Bank of America
Date: August 23, 2017
Docket Number: 17-5026
EagleMed v. Cox  
Date: August 22, 2017
Docket Number: 16-8064

Justia Opinion Summary: Defendants, various officials at the Wyoming Department of Workforce Services, appealed the district court’s entry of a permanent injunction related to the Department’s payment for air-ambulance services rendered to ill...

Reed v. Bryant
Date: August 22, 2017
Docket Number: 17-7021
United States v. Ford
Date: August 21, 2017
Docket Number: 16-6280
Brooks v. Archuleta
Date: August 18, 2017
Docket Number: 17-1177
Worthen v. United States
Date: August 17, 2017
Docket Number: 15-4166
United States v. Nelson  
Date: August 17, 2017
Docket Number: 16-3292

Justia Opinion Summary: After Stephen Nelson was arrested in a private residence, one officer continued searching the residence and found two firearms. The government attributed the firearms to Nelson, and he was indicted for possession of a fi...

Aery v. Nuckolls
Date: August 17, 2017
Docket Number: 16-5176
United States v. Burtons
Date: August 17, 2017
Docket Number: 16-6091
Kirby, Jr. v. Ware
Date: August 17, 2017
Docket Number: 16-6142
McElhaney v. Bear
Date: August 17, 2017
Docket Number: 17-7026
Carbajal v. O'Neill
Date: August 16, 2017
Docket Number: 16-1409
GCIU-Employer Retirement Fund v. Coleridge Fine Arts
Date: August 16, 2017
Docket Number: 16-3007
Leatherwood v. Rios
Date: August 16, 2017
Docket Number: 16-6370
Cain v. Frawner
Date: August 16, 2017
Docket Number: 17-2074
United States v. Nevarez-Barela
Date: August 16, 2017
Docket Number: 17-2092
United States v. Pacheco-Soto
Date: August 16, 2017
Docket Number: 17-2097
Webb v. Scott
Date: August 16, 2017
Docket Number: 17-4048
Arp v. McCollum
Date: August 16, 2017
Docket Number: 17-5063
Harper v. Guthrie
Date: August 16, 2017
Docket Number: 17-8001
Rice's Lucky Clover Honey v. Hawley
Date: August 15, 2017
Docket Number: 16-1186
United States v. Pam  
Date: August 15, 2017
Docket Number: 16-2171

Justia Opinion Summary: After pleading guilty to being a felon in possession of a firearm and ammunition, defendant-appellant Larry Pam was sentenced to a fifteen-year term of imprisonment consistent with a plea agreement entered into pursuant...

Sinclair Wyoming Refining v. EPA  
Date: August 15, 2017
Docket Number: 16-9532

Justia Opinion Summary: In an amendment to the Clean Air Act (CAA), Congress directed the EPA to operate a Renewable Fuel Standards Program (the RFS Program) to increase oil refineries’ use of renewable fuels. But for small refineries that woul...

United States v. Hatanaka
Date: August 15, 2017
Docket Number: 17-2012
Judy v. Obama
Date: August 15, 2017
Docket Number: 17-4055
Sells v. Allbaugh
Date: August 15, 2017
Docket Number: 17-5036
Ross v. Bush
Date: August 15, 2017
Docket Number: 17-6084
Dahn v. Amedei  
Date: August 14, 2017
Docket Number: 16-1059

Justia Opinion Summary: When a state fails to protect a foster child from harm, the foster child can sue the state under the special-relationship doctrine, pursuant to 42 U.S.C. 1983. The special-relationship doctrine provides an exception to t...

Higby Crane Services v. National Helium
Date: August 14, 2017
Docket Number: 16-3271
State of Utah v. Ricks
Date: August 14, 2017
Docket Number: 16-4194
Smith v. Janssen Pharmaceuticals
Date: August 14, 2017
Docket Number: 17-3057
Ingram v. Clements
Date: August 11, 2017
Docket Number: 16-1416
Baer v. Salt Lake City Corp.
Date: August 11, 2017
Docket Number: 16-4186
Housing Auth. City of Picher v. Secretary, Dept. Housing Urban
Date: August 11, 2017
Docket Number: 16-5159
United States v. Handy
Date: August 11, 2017
Docket Number: 17-3121
Kellams v. Berryhill
Date: August 10, 2017
Docket Number: 16-1338
Gutierrez v. Rodriguez
Date: August 10, 2017
Docket Number: 16-2187
United States v. Joseph
Date: August 10, 2017
Docket Number: 16-4109
Weinman v. Kelley
Date: August 9, 2017
Docket Number: 16-1498
United States v. Yazzie
Date: August 9, 2017
Docket Number: 16-2244
United States v. Williamson
Date: August 9, 2017
Docket Number: 16-2255
Buhendwa v. RTD
Date: August 9, 2017
Docket Number: 17-1116
Murphy v. Royal  
Date: August 8, 2017
Docket Number: 07-7068

Justia Opinion Summary: A jury convicted Patrick Murphy of murder in Oklahoma state court and imposed the death penalty. In August 1999, Murphy lived with Patsy Jacobs; Jacobs was previously in a relationship with the victim, George Jacobs. Mur...

United States v. Ivory
Date: August 8, 2017
Docket Number: 15-3238
United States v. Madkins  
Date: August 8, 2017
Docket Number: 15-3299

Justia Opinion Summary: This appeal arose from a law enforcement investigation into a drug trafficking operation in Kansas. Agents gathered evidence by making controlled buys of crack cocaine through a confidential informant; monitoring telepho...

United States v. Thompson  
Date: August 8, 2017
Docket Number: 15-3313

Justia Opinion Summary: This appeal arose from a law enforcement investigation into a drug trafficking operation in Kansas. Agents gathered evidence by making controlled buys of crack cocaine through a confidential informant; monitoring telepho...

United States v. Banks
Date: August 8, 2017
Docket Number: 15-3324
United States v. Zander
Date: August 8, 2017
Docket Number: 16-4162
Glaser v. Trani
Date: August 8, 2017
Docket Number: 17-1087
United States v. Moore
Date: August 7, 2017
Docket Number: 17-5043
Lucas v. Colorado State Public Defender
Date: August 4, 2017
Docket Number: 16-1378
United States v. Williams  
Date: August 4, 2017
Docket Number: 16-3220

Justia Opinion Summary: A jury convicted Matthew Williams of bank fraud and aggravated identity theft. He appealed, arguing the evidence against him was insufficient. Williams began a mortgage loan application at Pulaski Bank (the “bank”) using...

Folsom v. Knutson
Date: August 4, 2017
Docket Number: 16-6296
Zivkovic v. Hood
Date: August 4, 2017
Docket Number: 17-4052
In re: Sealed Opinion  
Date: August 4, 2017
Docket Number: 17-604

Justia Opinion Summary: Facing two counts of possession with intent to distribute, defendant John Doe pleaded guilty as charged pursuant to a Fed. R. Crim. P. 11(c)(1)(B) plea agreement. As part of that agreement, Doe waived his right to appeal...

Stoedter v. Gates
Date: August 3, 2017
Docket Number: 15-4020
Charity v. Colorado Springs Police Dept.
Date: August 3, 2017
Docket Number: 17-1126
Brooks v. Archuleta
Date: August 3, 2017
Docket Number: 17-1171
United States v. Gramajo-Giron
Date: August 3, 2017
Docket Number: 17-6071
Campbell v. Bear
Date: August 3, 2017
Docket Number: 17-6090
United States v. Brown
Date: August 3, 2017
Docket Number: 17-7020
Endrew F. v. Douglas County School District
Date: August 2, 2017
Docket Number: 14-1417
Banks v. Hickenlooper
Date: August 2, 2017
Docket Number: 16-1466
United States v. Ewing
Date: August 2, 2017
Docket Number: 16-5179
Star Insurance Co. v. Federal Insurance Co.
Date: August 2, 2017
Docket Number: 16-6098
United States v. Coca
Date: August 1, 2017
Docket Number: 16-2093
Johnson v. Peay
Date: August 1, 2017
Docket Number: 16-4160
United States v. Ford
Date: August 1, 2017
Docket Number: 16-6280
Starrett v. City of Lander
Date: August 1, 2017
Docket Number: 16-8124
United States v. Schwartz
Date: July 31, 2017
Docket Number: 15-1162
Abercrombie v. Aetna Health
Date: July 31, 2017
Docket Number: 16-1152
United States v. Throne
Date: July 31, 2017
Docket Number: 16-1296
Winkel v. Hammond
Date: July 31, 2017
Docket Number: 16-3290
United States v. Hernandez-Lopez
Date: July 31, 2017
Docket Number: 17-4087
United States v. Pinkerton
Date: July 31, 2017
Docket Number: 17-8038
United States v. Garcia-Damian
Date: July 28, 2017
Docket Number: 16-2250
United States v. Kieffer
Date: July 27, 2017
Docket Number: 16-1457
Coyle v. Jackson
Date: July 27, 2017
Docket Number: 17-1152
United States v. Olden
Date: July 27, 2017
Docket Number: 17-5008
Payn v. Kelley
Date: July 27, 2017
Docket Number: 17-6011
United States v. Henthorn  
Date: July 26, 2017
Docket Number: 15-1490

Justia Opinion Summary: A district court presiding over a murder trial did not abuse its discretion in admitting evidence of prior, similar incidents, including whether the defendant killed his second wife in circumstances similar to those that...

Greene v. Tennessee Board
Date: July 26, 2017
Docket Number: 17-4056
Modoc Lassen Indian Housing v. DOHUD  
Date: July 25, 2017
Docket Number: 14-1313

Justia Opinion Summary: Consolidated appeals arose from a government agency’s decision to recapture via administrative offset funds that the agency allegedly overpaid to multiple grant recipients. The grant recipients filed suit arguing in rele...

Apodaca v. Raemisch  
Date: July 25, 2017
Docket Number: 15-1454

Justia Opinion Summary: This case arose from two state prisoners’ alleged deprivation of outdoor exercise. The inmates were kept in administrative segregation at a Colorado prison for roughly eleven months. During that time, the inmates were al...

Brown v. Shoe
Date: July 25, 2017
Docket Number: 16-1227
Lowe v. Raemisch  
Date: July 25, 2017
Docket Number: 16-1300

Justia Opinion Summary: This case arose from a state prisoner’s alleged deprivation of outdoor exercise for two years and one month. The alleged deprivation led the prisoner, plaintiff-appellee Donnie Lowe, to sue two senior prison officials, i...

THI of New Mexico at Vida Enca v. Lovato  
Date: July 25, 2017
Docket Number: 16-2041

Justia Opinion Summary: At issue before the Tenth Circuit in this case was whether an arbitrator exceeded his authority under section 10(a)(4) of the Federal Arbitration Act (FAA), and whether he manifestly disregarded the law in awarding certa...

City of Albuquerque v. Soto Enterprises  
Date: July 25, 2017
Docket Number: 16-2065

Justia Opinion Summary: The City of Albuquerque (“the City”) provided public-bus services to Albuquerque residents. The City hired Soto Enterprises, Inc., d/b/a Miracle Delivery Armored Services (“Soto”) to count the cash fares received money,...

Harte v. Board Comm'rs Cnty of Johnson  
Date: July 25, 2017
Docket Number: 16-3014

Justia Opinion Summary: Robert Harte and his two children visited a garden store where they purchased a small bag of supplies to grow tomatoes and other vegetables in the basement of the family home as an educational project with his 13-year-ol...

Columbian Financial v. Stork
Date: July 25, 2017
Docket Number: 16-3339
United States v. Roberson
Date: July 25, 2017
Docket Number: 16-6136
Pecha v. Lake
Date: July 25, 2017
Docket Number: 16-6143
Pecha v. Lake
Date: July 25, 2017
Docket Number: 16-6143
Farrell-Cooper Mining v. DOI  
Date: July 25, 2017
Docket Number: 16-7061

Justia Opinion Summary: The Department of the Interior (“DOI”) adopted an administrative appeal requirement for agency actions under the Surface Mining Control and Reclamation Act (“SMCRA”). Following an initial decision by an administrative la...

Webb v. Allbaugh
Date: July 25, 2017
Docket Number: 16-7072
Consolidation Coal Company v. OWCP  
Date: July 25, 2017
Docket Number: 16-9524

Justia Opinion Summary: Consolidation Coal Company appealed after the Department of Labor (“DOL”) awarded survivor’s benefits to Judy Noyes under the Black Lung Benefits Act (“BLBA”). The administrative law judge (“ALJ”) determined that Mrs. No...

Wilson v. Dowling
Date: July 25, 2017
Docket Number: 17-6040
Duncan v. Allbaugh
Date: July 25, 2017
Docket Number: 17-7024
United States v. Windom  
Date: July 24, 2017
Docket Number: 16-1027

Justia Opinion Summary: Defendant-Appellant Samuel Windom entered a conditional guilty plea to one count of being a felon in possession of a firearm. Windom appealed the district court’s denial of his motion to suppress the firearm, arguing tha...

Northglenn Gunther Toody's v. HQ8-10410-10450
Date: July 24, 2017
Docket Number: 16-1468
NM Off-Hwy Vehicle Alliance v. U.S. Forest Service
Date: July 24, 2017
Docket Number: 17-2004
United States v. Kearn  
Date: July 21, 2017
Docket Number: 15-3121

Justia Opinion Summary: A jury convicted Jonathan Kearn of federal child pornography charges arising from pictures he took of his four-and-a-half year old daughter and shared on the internet. He was sentenced to a lengthy prison term followed b...

United States v. Workman  
Date: July 21, 2017
Docket Number: 16-1401

Justia Opinion Summary: The FBI used malware to identify and find viewers of child pornography to access illicit websites. The FBI maintained the website in the Eastern District of Virginia, but users were spread out all over the country. Findi...

United States v. Muhtorov
Date: July 21, 2017
Docket Number: 17-1220
United States v. Voog
Date: July 21, 2017
Docket Number: 17-4082
United States v. Kundo
Date: July 20, 2017
Docket Number: 16-4128
United States v. Magnan  
Date: July 20, 2017
Docket Number: 16-7043

Justia Opinion Summary: The district court sentenced Defendant David Magnan, a Native American, to three life terms after a jury convicted him of murdering three people in Indian Country. Defendant shot Lucilla McGirt twice and left her to die,...

United States v. Magnan
Date: July 20, 2017
Docket Number: 16-7046
United States v. Henderson
Date: July 20, 2017
Docket Number: 17-3101
Chevron Mining v. United States  
Date: July 19, 2017
Docket Number: 15-2209

Justia Opinion Summary: Under the federal environmental laws, the owner of property contaminated with hazardous substances or a person who arranges for the disposal of hazardous substances may be strictly liable for subsequent clean-up costs. T...

United States v. Lopez
Date: July 19, 2017
Docket Number: 16-1324
Harris v. Cozza-Rhodes
Date: July 19, 2017
Docket Number: 16-1385
Northern New Mexicans v. United States
Date: July 19, 2017
Docket Number: 16-2047
Coburn v. Wilkinson
Date: July 19, 2017
Docket Number: 16-7076
Pledger v. Russell
Date: July 19, 2017
Docket Number: 17-3008
Robles v. United States
Date: July 19, 2017
Docket Number: 17-3042
Jimenez v. Allbaugh
Date: July 19, 2017
Docket Number: 17-6077
Parker Excavating v. LaFarge West  
Date: July 18, 2017
Docket Number: 16-1225

Justia Opinion Summary: This appeal arose from a grant of summary judgment against Plaintiff-Appellant Parker Excavating, Inc. (“PEI”) on its civil rights claim against Defendants-Appellees Lafarge West, Inc. (“Lafarge”), Martin Marietta Minera...

Vreeland v. Wren
Date: July 18, 2017
Docket Number: 16-1437
Pueblo of Pojoaque v. New Mexico  
Date: July 18, 2017
Docket Number: 16-2228

Justia Opinion Summary: Plaintiffs-Appellants Pueblo of Pojoaque appealed a district court’s dismissal of its claim for declaratory and injunctive relief based on the New Mexico’s alleged unlawful interference with Class III gaming operations o...

United States v. Pickel  
Date: July 18, 2017
Docket Number: 16-3041

Justia Opinion Summary: Justin Pickel was convicted on two counts related to the operation of a marijuana-distribution network centered in Kansas. He was sentenced to 27 months in prison and 10 years of supervised release. The court also impose...

United States v. Richardson
Date: July 18, 2017
Docket Number: 16-6314
United States v. Autobee
Date: July 18, 2017
Docket Number: 17-1082
United States v. Purify
Date: July 18, 2017
Docket Number: 17-5012
Truby v. Denham
Date: July 17, 2017
Docket Number: 16-1486
United States v. Yepa  
Date: July 17, 2017
Docket Number: 16-2060

Justia Opinion Summary: “Custody does not automatically render [every] exchange an interrogation,” and the Tenth Circuit determined that certain statements defendant Gavin Yepa made while “tired, intoxicated and under tremendous emotional stres...

Rusk v. Warner
Date: July 17, 2017
Docket Number: 17-4044
Woods v. First National Bank of Durango
Date: July 13, 2017
Docket Number: 15-1491
Watson v. Mylan Pharmaceuticals
Date: July 13, 2017
Docket Number: 16-3349
Auto-Owners Insurance v. Fleming
Date: July 13, 2017
Docket Number: 16-4118
United States v. Wilfong
Date: July 13, 2017
Docket Number: 16-6342
Williamson v. Parker
Date: July 13, 2017
Docket Number: 16-6355
Jara v. Standard Parking
Date: July 13, 2017
Docket Number: 17-1015
United States v. Spaulding
Date: July 12, 2017
Docket Number: 16-1122
Ellison v. Roosevelt County
Date: July 12, 2017
Docket Number: 16-2270
United States v. Riesterer
Date: July 12, 2017
Docket Number: 17-1175
United States v. Coleman
Date: July 12, 2017
Docket Number: 17-2067
Northern Natural Gas v. Approximately 9117 Acres  
Date: July 11, 2017
Docket Number: 15-3272

Justia Opinion Summary: Northern Natural Gas Company initiated proceedings against a number of parties to condemn certain rights relating to the storage of natural gas in and under more than 9,000 acres of land in southeast Kansas, known as the...

Norton v. Ute Indian Tribe of the Uintah  
Date: July 11, 2017
Docket Number: 15-4170

Justia Opinion Summary: This matter arose from the death of Todd Murray, a Ute tribal member, following a police pursuit on the Uintah and Ouray Indian Reservation. Murray’s parents, his estate, and the Ute Indian Tribe (the “Tribal Plaintiffs”...

United States v. Meridyth
Date: July 11, 2017
Docket Number: 16-2037
United States v. Magallon-Maldanado
Date: July 11, 2017
Docket Number: 16-3368
Olson v. Berryhill
Date: July 10, 2017
Docket Number: 15-3231
United States v. McNeal (Ann Marie)  
Date: July 10, 2017
Docket Number: 16-1054

Justia Opinion Summary: A jury convicted Defendant Ann Marie McNeal under 18 U.S.C. 922(d)(1) for disposing of a firearm to her son, a convicted felon. Her primary claim on appeal was that evidence seized from her home under a search warrant sh...