BACHARACH, Circuit Judge. Marcia Eisenhour sued Weber County, three of its county commissioners, and a state judge. According to Ms. Eisenhour, the judge (Craig Storey) sexually harassed her and the County retaliated against her for reporting the harassment. She claimed violations of Utah's Whistleblower Act, the First Amendment, the Fourteenth Amendment's Due Process and Equal Protection Clauses, and Title VII. The district court granted summary judgment to the defendants on all claims. Ms....
BACHARACH, Circuit Judge. Ms. Shannakay Hunter entered the United States from Jamaica. Hoping to stay, she married a United States citizen. The government regarded the marriage as a sham and charged Ms. Hunter with conspiracy and participation in a fraudulent marriage under 8 U.S.C. 1325(c). A jury found her guilty on both charges, 1 and the district court entered a judgment of conviction. Ms. Hunter appeals, arguing that: (1) the district court should have required proof that Ms. Hunter...
BALDOCK, Circuit Judge. Section 30-7-1 of the New Mexico Criminal Code defines "[c]arrying a deadly weapon" as "being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use." Section 30-7-2 of the Code is entitled "Unlawful carrying of a deadly weapon." Subject to five enumerated exceptions, subsection (A) proscribes "carrying a concealed loaded firearm or any other type of deadly weapon anywhere[.]" N.M. Stat. Ann....
MATHESON, Circuit Judge. The City of Greenwood Village, Colorado, ("the City") fired Police Sergeant Patrick Cillo after an incident involving officers under his command. Sgt. Cillo alleges the City's real motive for firing him was opposition to the union chapter he led. Sgt. Cillo and his union sued the City and three individual defendants—Police Chief Donnie Perry, Lieutenant Joseph Harvey, and City Manager James Sanderson (collectively "Defendants"). The district court granted summary...
TYMKOVICH, Circuit Judge. An immigration judge found Nadia Maatougui removable for marriage fraud in 2004. Maatougui, a native and citizen of Morocco who has lived in the United States since 2000, then requested asylum and four other forms of relief from removal. In a written decision in 2009, the IJ denied the requests, and the Board of Immigration Appeals affirmed. Maatougui petitioned for our review. Maatougui claims the IJ and BIA erred in denying her a hardship waiver and cancellation of...
MATHESON, Circuit Judge. An Oklahoma state court jury convicted Bigler Jobe "Bud" Stouffer of first degree murder of one victim and shooting with intent to kill another victim. The jury sentenced him to death for the murder and to life imprisonment for the shooting. 1 The Oklahoma Court of Criminal Appeals ("OCCA") affirmed on direct appeal and denied post-conviction relief. Mr. Stouffer sought habeas relief in federal court under 28 U.S.C. 2254, challenging his conviction and death...
MATHESON, Circuit Judge. Daud Anwar pled guilty to making false threats to destroy buildings in violation of 18 U.S.C. 844(e). The district court sentenced him to 24 months in prison and three years of supervised release. Mr. Anwar appeals only the four-level sentence enhancement he received under the United States Sentencing Guidelines ("U.S.S.G" or "Guidelines") for causing a "substantial disruption" to public "functions or services." U.S.S.G. 2A6.1(b)(4)(A). Exercising jurisdiction...
BRISCOE, Chief Judge. Defendant Officer Patricia Yazzie appeals the district court's denial of qualified immunity in this 1983 action alleging wrongful arrest and imprisonment (Count I) and illegal seizure of property (Count II). This is an interlocutory appeal following the district court's ruling in an action brought by Spero Panagoulakos pursuant to 42 U.S.C. 1983 and 1988, and 28 U.S.C. 1343. The "district court's denial of a claim of qualified immunity, to the extent that it turns...
HARTZ, Circuit Judge. Two prison guards had sexual intercourse with Stacey Graham while she was in solitary confinement at the Logan County Jail in Oklahoma. The guards confessed and were fired immediately. Ms. Graham then sought damages in a civil-rights complaint under 42 U.S.C. 1983 against the two guards and the county sheriff. She alleged a violation of the Eighth Amendment prohibition against cruel and unusual punishment, as applied to the states under the Fourteenth Amendment. The...
HARTZ, Circuit Judge. In an effort to save Quartz Mountain Aerospace, some of its investors and directors took out large loans from First State Bank of Altus (the Bank) for the benefit of the company. When the Bank failed in 2009, the Federal Deposit Insurance Corporation (FDIC) took over as receiver and filed suit to collect on the loans. This appeal concerns the challenge to those collection efforts by four of those liable on the notes (Borrowers). Borrowers raised affirmative defenses to...
HARTZ, Circuit Judge. Anil Vazirani is an independent insurance agent, also known as a producer, who contracts with insurance companies to sell life-insurance and annuity products. He owns and manages Vazirani & Associates Financial, LLC and Secured Financial Solutions, LLC. We will refer to both him and his businesses as Vazirani. Vazirani contracted with Aviva Life and Annuity Company, a provider of life-insurance and annuity products. After Defendants Mark Heitz and Jordan Canfield,...
PHILLIPS, Circuit Judge. Jeremy Myers challenges the district court's dismissal of his 1983 malicious-prosecution claim alleging violations of his Fourth and Fourteenth Amendment rights. In his complaint, he asserted that Detective Brian Koopman obtained an arrest warrant by fabricating facts to create the illusion of probable cause. As a result, Myers spent three days in custody. Exercising jurisdiction under 28 U.S.C. 1291, we conclude that the district court rightly dismissed Myers'...
TYMKOVICH, Circuit Judge. This case requires us to consider state campaign finance regulations in light of the Supreme Court's ruling in Citizens United v. FEC, 558 U.S. 310, 130 S.Ct. 876 , 175 L.Ed.2d 753 (2010). Citizens United held that federal election law violated the First Amendment by restricting independent political spending because the speaker was a corporation — the holding allowed corporate entities to make unlimited independent expenditures supporting or opposing issues or...
PHILLIPS, Circuit Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore submitted without oral argument. Appellant Steven Carmichael Warren has faced criminal charges for much of his life. In 1998, he committed an armed bank robbery in Missouri and served about twelve years in federal prison. 1 In...
O'BRIEN, Circuit Judge. Section 548(a)(1)(B) of the United States Bankruptcy Code (11 U.S.C. 548(a)(1)(B)) allows a trustee to avoid any transfer of property by a debtor made within two years before the date of the filing of bankruptcy (the "reach-back period") if the debtor (1) received less than a reasonably equivalent value in exchange for the transfer and (2) was insolvent on the date the transfer was made or became insolvent as a result of the transfer. Section 550, in turn, allows the...
HARTZ, Circuit Judge. Defendant Vernon Hill appeals the denial of his motion for a new trial after his conviction for bank robbery. The motion arose out of a change in the government's theory about the involvement of Defendant's two brothers, Stanley and DeJuan, in the robbery. In the trial at which Defendant was convicted, the government prosecuted him and Stanley as the two masked men who robbed an Arvest Bank in Tulsa, Oklahoma, on November 5, 2011. The jury convicted Defendant but could...
BRISCOE, Chief Judge. Eloisa Taylor appeals from a decision of the Bankruptcy Appellate Panel of the Tenth Circuit ("BAP") affirming a decision of the United States Bankruptcy Court for the District of New Mexico. The bankruptcy court granted summary judgment in favor of Eloisa's former spouse, Matthew Taylor. The bankruptcy court determined that a $50,660.59 debt Eloisa owed to Matthew for overpayment of spousal support was nondischargeable because Eloisa incurred the debt "in connection...
McKAY, Circuit Judge. This case arises out of an arbitration award granted in favor of a helicopter pilot whom Plaintiff Air Method Corporation had terminated following an incident in April 2010. The pilot, Jeff Stackpole, is a member of Defendant Office and Professional Employees International Union, Local 109 ("OPEIU Local 109"). Mr. Stackpole was represented by OPEIU Local 109 throughout the arbitration process. After the arbitration award was granted in Mr. Stackpole's favor, Plaintiff...
TYMKOVICH, Circuit Judge. Sara Debord filed suit against her employer, Mercy Health Services of Kansas, for sexual harassment and retaliation in violation of Title VII. Debord claims Mercy knew or should have known that her supervisor created a hostile workplace through unwanted touching and offensive sexual remarks. She also claims that Mercy did not do enough to prevent sexual harassment in the workplace, and that, when she finally reported the harassment, Mercy retaliated by firing her....
KELLY, Circuit Judge. Defendant-Appellant Jeremiah Jackson appeals his conviction and sentence for the deaths of two women accidentally killed while Mr. Jackson was fleeing police following a bank robbery. 18 U.S.C. 2113(a), (e). We have jurisdiction under 28 U.S.C. 1291 and 18 U.S.C. 3742(a). We affirm the conviction and remand to the district court to vacate the sentence and resentence consistent with this opinion. Background On the morning of April 6, 2010, Mr. Jackson robbed a...
