6 results for 'judge:"Seymour"'.
J. Seymour finds that the lower court properly granted defendant's motion to suppress his name after he was charged with being a felon in possession of a firearm. The lower court granted the motion to suppress after finding that the name was given as "fruit of an unlawful investigative detention," given that the officers did not have proper suspicion to detain him. The simple facts that defendant was standing alone in a "high crime area" were not enough to justify the detention that led to the arrest. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: May 8, 2024, Case #: 22-1378, Categories: Firearms, Search
J. Seymour finds that the lower court properly convicted defendant of using her company, Odyssey International, to commit wire fraud and conspiracy. She claims there were errors in the jury instructions that should vacate her convictions, but in appealing her case, she has committed several procedural errors. She has repeatedly failed to "conform to the rules of appellate procedure" and has failed the "basic responsibility of an appellant" by not arguing a standard for review. All of her convictions stand as a result. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: March 5, 2024, Case #: 22-4122, Categories: Criminal Procedure, Fraud
J. Seymour finds that the lower court improperly denied defendant's motion to suppress evidence that resulted in defendant's drug possession conviction. The drugs were found during a traffic stop that started when defendant was driving illegally in the passing lane, but the officer in question did not have the reasonable suspicion needed to extend the stop or investigate the car for drug trafficking. Reversed.
Court: 10th Circuit, Judge: Seymour, Filed On: September 11, 2023, Case #: 22-1070, Categories: Drug Offender, Search
J. Seymour finds that the lower court properly sentenced defendant following his conviction for sexual abuse of a minor. Defendant claims the lower court improperly applied a series of sentence enhancements, but these claims are without merit. The enhancements were over defendant having "undue influence over his victim," engaging in a pattern of illegal sexual conduct, and offending against a vulnerable victim. All of these enhancements were supported by the evidence. Affirmed.
Court: 10th Circuit, Judge: Seymour , Filed On: September 6, 2023, Case #: 22-7023, Categories: Sentencing, Sex Offender, Child Victims
J. Seymour finds that that the lower court properly convicted defendant of drug possession. Defendant claims that the officers lacked reasonable suspicion for the stop that led to the discovery of drugs in his car. However, based on defendant driving recklessly without a seat belt, officers suspecting he may not have a valid license, and smells coming from the car, the officers had enough cause to carry out their search. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: June 26, 2023, Case #: 22-5053, Categories: Drug Offender, Search
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J. Seymour vacates the defendant's sentence for unlawful possession of ammunition and witness tampering, finding that the sentencing court's use of a cross-reference to the sentencing guideline for attempted murder was erroneous since the defendant was not shown to have specifically intended to kill his ex-girlfriend in the underlying offense. A finding of malice aforethought is not sufficient to justify the cross-reference. The error also was not harmless. Vacated.
Court: 10th Circuit, Judge: Seymour, Filed On: May 22, 2023, Case #: 21-6059, Categories: Firearms, Intent, Murder