June 24, 2019

Archives for January 6, 2011

Tenth Circuit: Opinions, 1/5/11

The Tenth Circuit on Wednesday issued two published opinions and five unpublished opinions.

Published

In United States v. Dobbs, the Court reversed the district court’s conviction and vacated Petitioner’s sentence. Petitioner was convicted of knowingly receiving and attempting to receive child pornography, but claimed that there was insufficient evidence to prove “that he knowingly received or attempted to receive either of the two pornographic images submitted to the jury” and “that these two particular images traveled in interstate or foreign commerce.” The Court found that there was no substantial step toward the commission of the crime to satisfy the elements of attempt. Additionally, there was insufficient evidence to conclude that Petitioner even saw the images on his monitor, such that he would be able to exercise control over them.

In United States v. Flonnory, the Court affirmed the district court’s conviction and sentence of Petitioner. Petitioner was convicted of five counts of obtaining money through false pretenses under the Assimilative Crimes Act, but claimed that “the government failed to prove that he had committed the offense on federal territory and that the district court failed to instruct the jury not to speculate about the location of the offense.” However, the Court found that there was sufficient evidence to conclude that Petitioner received money at Fort Sill, a federal territory, and the district court did not abuse its discretion by not giving an additional jury instruction on speculation.

Unpublished

United States v. Galindo

Riviera Drilling & Exploration Co. v. Gunnison Energy Corp.

Henderson v. Nat’l R.R. Passenger Corp.

Maingi v. Holder, Jr.

Teniente v. Wyoming Attorney General

Tenth Circuit: Opinions, 1/4/11