Justia Criminal Law Opinion Summaries

Law enforcement officers in New Mexico were conducting surveillance at a motel to apprehend a fugitive when they observed the defendant, who was not the original target, and another man exit the building. The other man carried a bag with the barrel of a rifle protruding, which he placed in the back seat of an SUV. The defendant was seen cleaning the SUV and, according to an officer’s testimony, picked up and repositioned the rifle. Later, the defendant was arrested at a convenience store while carrying a backpack, which, upon search, was found to contain two loaded handguns. A subsequent search of the SUV, conducted with a warrant, uncovered the rifle and ammunition.The United States District Court for the District of New Mexico denied the defendant’s motion to suppress evidence, finding that the officers had probable cause for the warrantless arrest based on the officer’s credible testimony. At trial, the court gave an investigative-techniques jury instruction over the defendant’s objection, and the jury found the defendant guilty on both counts of being a felon in possession of a firearm or ammunition. The defendant appealed, challenging the denial of the suppression motion, the sufficiency of the evidence for one count, the propriety of the jury instruction, and, for the first time in his reply brief, the search of the backpack.The United States Court of Appeals for the Tenth Circuit affirmed the conviction. The court held that the district court did not clearly err in crediting the officer’s testimony and that there was probable cause for the arrest. The evidence was sufficient for a reasonable jury to find actual or constructive possession and knowledge of the firearm. The court also found no plain error in the jury instructions and declined to consider the new suppression argument regarding the backpack, as it was raised for the first time in the reply brief. View "United States v. Eddings" on Justia Law

In this case, police in Denver were investigating a shooting that occurred early in the morning. They identified a suspect described as a light-skinned Black male with a bald head, thick beard, and muscular build, and circulated a photo of him. Later that day, officers surveilled a vehicle believed to be connected to the suspect. When a group, including a Black male with some similar clothing but not matching the suspect’s physical description, arrived in a different car and then left in a third vehicle, officers decided to stop that vehicle at a gas station. During the stop, officers detained Noah Huerta, a passenger, and conducted a patdown, finding a firearm magazine on him. A subsequent search of the vehicle, after obtaining the driver’s consent, revealed a handgun near Huerta’s seat.The United States District Court for the District of Colorado denied Huerta’s motion to suppress the evidence, finding that the officers had reasonable suspicion to believe he was armed and dangerous, and also ruled that the firearm would have been inevitably discovered. The court also denied Huerta’s motion to dismiss the indictment, which challenged the constitutionality of the felon-in-possession statute under recent Supreme Court precedent.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the denial of the motion to suppress de novo. The court held that the officers lacked reasonable suspicion to believe Huerta was armed and dangerous, as the connection between the group and the shooting suspect was tenuous and based on a mere hunch, and the conduct of the vehicle’s occupants was innocuous. The court also found that the inevitable discovery doctrine did not apply. However, the Tenth Circuit affirmed the district court’s denial of the motion to dismiss the indictment, as binding circuit precedent foreclosed Huerta’s constitutional challenge. The court reversed the denial of the motion to suppress and remanded for further proceedings. View "United States v. Huerta" on Justia Law

In 2009, the defendant and two co-defendants abducted a family at gunpoint, including two young daughters, and robbed them of $30,000. A jury in the United States District Court for the District of Colorado convicted the defendant of four counts of kidnapping, one count of conspiracy to kidnap, and one count of possessing and brandishing a firearm during a crime of violence. The convictions for kidnapping the children were central to the sentencing dispute.Following the initial sentencing, which totaled 600 months, the defendant challenged his convictions and sentences. The United States Court of Appeals for the Tenth Circuit previously remanded the case for resentencing after the government conceded that the firearm conviction under 18 U.S.C. § 924(c) should be vacated, in light of Johnson v. United States, which found the residual clause of “violent felony” unconstitutionally vague. On remand, the district court conducted a de novo resentencing. The government argued that 18 U.S.C. § 3559(f)(2) required mandatory minimum twenty-five-year sentences for each kidnapping conviction involving a child. The district court agreed and imposed concurrent 300-month sentences for each remaining count.The United States Court of Appeals for the Tenth Circuit reviewed de novo the district court’s interpretation of 18 U.S.C. § 3559(f)(2). The appellate court held that kidnapping under 18 U.S.C. § 1201(a) is not categorically a “crime of violence” under 18 U.S.C. § 16(a), because it can be committed without the use, attempted use, or threatened use of physical force. Therefore, § 3559(f)(2) did not mandate a twenty-five-year minimum sentence for each conviction. The Tenth Circuit vacated the sentences and remanded for resentencing consistent with its decision. View "United States v. Ford" on Justia Law

In this case, the defendant was stopped by police officers in Aurora, Colorado, for speeding. During the stop, the officers observed the defendant make a dramatic movement toward the passenger side of his vehicle, to the extent that he was no longer visible to them. The officers recognized the defendant as a member of a local violent gang and learned from him that he was on parole for robbery. After asking the defendant to exit the vehicle and conducting a pat-down that revealed no weapons, the officers searched the passenger seat area and found a firearm. The defendant was subsequently charged with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).The United States District Court for the District of Colorado held an evidentiary hearing on the defendant’s motion to suppress the firearm evidence, which argued that the warrantless vehicle search violated the Fourth Amendment. The district court denied the motion, finding that the officers had reasonable suspicion to believe the defendant was armed and dangerous, based on his furtive movement, gang affiliation, and parole status for a violent crime. The defendant entered a conditional guilty plea, reserving his right to appeal the suppression ruling, and was sentenced to thirty-seven months in prison.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the denial of the motion to suppress de novo, considering the totality of the circumstances. The court held that the combination of the defendant’s dramatic movement, his recognized gang membership, and his parole for robbery provided reasonable suspicion that he was armed and dangerous, justifying the protective vehicle search under the officer safety exception to the Fourth Amendment. The court also rejected the defendant’s constitutional challenge to § 922(g)(1), finding it foreclosed by circuit precedent. The Tenth Circuit affirmed the district court’s judgment. View "United States v. McGregor" on Justia Law

The defendant, an enrolled member of a Native American tribe, was charged with multiple counts of sexual abuse against his minor stepdaughter, D.P., occurring over several years in Indian Country. The alleged abuse began when D.P. was about six years old and continued until she was over twelve, with a brief pause when her mother was more frequently present. D.P. disclosed the abuse following a suicide attempt at age twelve, and her mother and medical professionals testified about her outcry. The prosecution’s case relied heavily on D.P.’s credibility, as there was no physical evidence corroborating her allegations. The defense sought to challenge D.P.’s credibility, highlighting her mental health history, medication use, and possible suggestibility, and attempted to introduce four sexually suggestive, fictionalized YouTube videos created by D.P. at age eleven.The United States District Court for the Eastern District of Oklahoma granted the government’s motion in limine under Federal Rule of Evidence 412, excluding any mention or introduction of the YouTube videos at trial. The court found the videos constituted evidence of “other sexual behavior” or “sexual predisposition” and did not fall within any of Rule 412’s exceptions. The defense argued the videos were relevant to impeach D.P.’s credibility, not to prove sexual behavior or predisposition, and that exclusion violated the defendant’s constitutional rights to confrontation and due process.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s evidentiary ruling and constitutional claims. The Tenth Circuit held that Rule 412’s bar applies to evidence offered to prove a victim’s sexual behavior or predisposition, even if the purpose is impeachment, and that no exception for general impeachment exists. The court further held that exclusion of the videos did not violate the defendant’s constitutional rights, as the Constitution does not mandate admission of general impeachment evidence absent a showing of bias or motive to lie. The judgment of the district court was affirmed. View "United States v. Baker" on Justia Law

The case concerns a dispute between two brothers, Matthew and Shane, involving a $445,000 debt that Matthew owed to Shane. After learning that the government intended to recover over $1 million from him due to unrelated criminal charges, Matthew convinced Shane to allow him to create a company in Shane’s name to shield assets. Later, Matthew orchestrated a real estate transaction through this company, Cap Fund 783, LLC, resulting in a $767,000 assignment fee. Matthew attempted to divert these proceeds to himself by lying to the escrow agent and falsifying business records online to make it appear he controlled Cap Fund, thereby concealing the asset from Shane.The United States District Court for the District of Utah presided over Matthew’s trial. A jury convicted him on two counts of wire fraud, based on his phone call to the escrow agent and his online alteration of Cap Fund’s records. The district court also found him guilty, after a bench trial, of criminal contempt and possession of ammunition by a felon. Matthew was sentenced to imprisonment and ordered to pay restitution. He appealed, arguing that his actions did not deprive Shane or the escrow agent of property, that the district court erred by not admitting a state-court judgment, and that the government failed to prove the interstate element for one wire fraud count.The United States Court of Appeals for the Tenth Circuit affirmed the conviction for wire fraud related to the phone call, holding that a creditor’s right to collect a debt is a property interest under the wire fraud statute, and that the escrow agent also had a property interest in the funds. The court reversed the conviction on the count involving the online alteration, finding insufficient evidence that the communication crossed state lines. The court affirmed the convictions for criminal contempt and felon-in-possession, and remanded for resentencing. View "United States v. Baker" on Justia Law

Malachi Moon Seals, at age eighteen, posted graphic and violent threats against federal officials and their families on official websites, causing some recipients to request security protection. A grand jury indicted him on twelve counts: six for threatening or retaliating against federal officials under 18 U.S.C. § 115(a)(1), and six for transmitting threats via interstate communications under 18 U.S.C. § 875(c). Seals pleaded guilty to all charges. The probation office calculated an advisory sentencing range of 33 to 41 months’ imprisonment, which made him ineligible for straight probation under the guidelines. Nevertheless, both parties advocated for probation, and the United States District Court for the District of Colorado, with hesitation, sentenced Seals to five years’ probation with special conditions.Shortly after beginning probation, Seals violated its terms by posting new threats online. The probation office petitioned for his arrest, and Seals admitted to the violations. The district court revoked his probation and proceeded to resentence him. At the resentencing hearing, the probation office recommended a sentence at the low end of the original guideline range, and the government supported this recommendation. Defense counsel referenced the Tenth Circuit’s decision in United States v. Moore, but suggested its holding might be reversed. The district court did not apply the Moore framework and instead sentenced Seals to 36 months’ imprisonment under the original guideline range.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the district court erred by not applying the two-step resentencing procedure required by Moore I. The court held that, although the district court plainly erred by not following Moore I’s framework, Seals failed to show that the court was required to impose a 0-month sentence at the first step or that this error was plain. Therefore, the Tenth Circuit affirmed the post-revocation sentence. View "United States v. Seals" on Justia Law

Law enforcement discovered that an individual had stored child pornography in a Dropbox account, including videos of him sexually abusing two minor girls and other illicit material. The investigation revealed that the Dropbox account was used for personal file storage, with no evidence of sharing or distribution. The defendant was charged with two counts of sexual exploitation of a child and two counts of possession of child pornography, each count corresponding to a different victim. He pleaded guilty to all charges before trial, and the United States Probation Office prepared a pre-sentence report recommending a lengthy prison term.The United States District Court for the Eastern District of Oklahoma adopted the pre-sentence report and sentenced the defendant to concurrent prison terms totaling 292 months, followed by a lifetime of supervised release. Among the special conditions imposed was a restriction prohibiting the defendant from using the Internet or any online computer services without prior written approval from his probation officer. The court did not provide a specific explanation or analysis for imposing this Internet use condition. The defendant did not object to this condition at sentencing but appealed, arguing that the district court erred by failing to analyze whether the condition satisfied the statutory requirements under 18 U.S.C. § 3583(d).The United States Court of Appeals for the Tenth Circuit reviewed the case for plain error. The court held that the district court plainly erred by imposing the Internet use condition without providing any explanation or analysis as required by law. The Tenth Circuit found that this error was clear under established precedent, affected the defendant’s substantial rights, and seriously affected the fairness and integrity of the proceedings. Accordingly, the Tenth Circuit vacated the sentence and remanded the case for resentencing consistent with its opinion. View "United States v. Bycroft" on Justia Law

Police officers investigating a recent carjacking and kidnapping at an Oklahoma City motel received information from the motel manager that a man matching the suspect’s description was staying in a particular room. Upon arrival, one officer looked through a one-inch gap in the window curtains from an open-air walkway outside the room and saw the defendant, Cameron Watkins, sitting on a bed next to a handgun with an extended magazine. This observation led to Watkins’s arrest and the subsequent discovery of a firearm and ammunition in the room. Watkins was later charged with being a felon in possession of a firearm and, in a superseding indictment, with being a felon in possession of ammunition found at a separate crime scene.The United States District Court for the Western District of Oklahoma denied Watkins’s motion to suppress the evidence, finding that the officer’s observation was made from a public area—the motel’s exterior walkway—which was accessible to other guests and staff, and not part of the room’s curtilage. The court concluded there was no Fourth Amendment violation because the officer did not intrude upon a protected area or the defendant’s reasonable expectation of privacy. Watkins pleaded guilty to the firearm charge, reserving his right to appeal the suppression ruling, and was convicted by a jury on the ammunition charge.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed both convictions. The court held that the officer’s visual observation through the window gap, made from a public walkway using only his unaided senses, did not constitute a search under the Fourth Amendment. The walkway was not curtilage, and the defendant did not have a reasonable expectation of privacy against such observation. The court therefore upheld the district court’s denial of the suppression motion and affirmed the convictions. View "United States v. Watkins" on Justia Law

John Doe, a Native American juvenile and member of the Eastern Shoshone Tribe, was charged in federal court with multiple offenses, including kidnapping a minor on tribal land for the purpose of physical assault. The government filed a six-count juvenile information, and Doe admitted to certain charges, including kidnapping, assault with a dangerous weapon, and provided a factual basis for his admissions. The events occurred in a trailer on the Wind River Indian Reservation, where Doe assaulted two minor victims and instructed one to remain in a closet as he left the scene.The United States District Court for the District of Wyoming held an admission hearing, where Doe, with counsel, admitted to the relevant charges. The court found a sufficient factual basis and conditionally accepted the admissions. After a delinquency hearing, Doe was adjudicated delinquent on several counts and committed to detention and supervision. Following the district court’s judgment, the Tenth Circuit decided United States v. Murphy, which clarified that the “holds” element of federal kidnapping requires proof the victim was detained for an appreciable period beyond that necessary to commit any related offense. Doe appealed, arguing his admission was not knowing or voluntary because he was not informed of this temporal requirement.The United States Court of Appeals for the Tenth Circuit reviewed the case under the plain error standard. The court held that Murphy did not clearly establish the temporal requirement as an essential element of kidnapping, nor did Doe demonstrate that the district court’s failure to inform him of this requirement was a plain error under well-settled law. The court affirmed the district court’s judgment of delinquency. View "United States v. Doe" on Justia Law