United States v. Reed

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
TENTH CIRCUIT April 4, 2016
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. Nos. 15-8009, 15-8032,
15-8034 & 15-8085
ROBERT ARTHUR REED, (D.C. No. 1:12-CR-00058-SWS-1)
(D. Wyo.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before GORSUCH, McKAY, and BACHARACH, Circuit Judges.
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After he pleaded guilty to federal fraud charges in connection with a doubtful
wind farm scheme, the district court sentenced Mr. Reed to prison. On appeal, Mr.
Reed presented a number of arguments aimed at setting aside both his conviction and
sentence. But none proved persuasive. See United States v. Reed, 602 F. App’x 436
(10th Cir. 2015). Now Mr. Reed effectively seeks to undo that result in two different
ways. We don’t see how either venture might succeed.
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
First, Mr. Reed contests a district court ruling, issued after his appeal, that
dismissed his motions to supplement the appellate record. For its part, the district
court noted that, during his appeal, Mr. Reed presented the very same motion to
supplement the record to this court and we expressly denied the motion on the ground
that the proposed supplemental materials were unrelated to the issues on appeal and
could not affect the court’s disposition one way or the other. Id. at 441. After that
appellate ruling, the district court reasoned, it was in no position to offer Mr. Reed
any relief. And whatever other problems may attend Mr. Reed’s effort to pursue this
post-judgment appeal outside the normal channels for collateral relief, this one seems
quite clear. For it is long since settled that the district court lacks jurisdiction to
revise a mandate from the court of appeals, just as this panel similarly lacks the
power to revise the ruling of a previous panel. Colo. Interstate Gas Co. v. Nat. Gas
Pipeline Co. of Am., 962 F.2d 1528, 1534 (10th Cir. 1992) (“The rule is well established
that a district court must comply strictly with the mandate rendered by the reviewing
court.”); LeFever v. C.I.R., 100 F.3d 778, 787 (10th Cir. 1996) (“[O]ne panel of this
court is bound by the precedent of an earlier panel absent en banc reconsideration or
a superseding contrary decision of the U.S. Supreme Court . . . .”).
Second, Mr. Reed argues that the district court erred by denying a number of
other motions he filed after losing his appeal. All these motions share in common the
complaint that the district court failed to protect his rights adequately during his plea
and sentencing proceedings, and all ask the district court to reconsider its final
judgment. Mr. Reed contends that the district court possesses the power to grant that
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relief thanks to 18 U.S.C. § 3231. But this court has already rejected just that
argument, holding that Ҥ 3231 does not, standing alone, confer upon a district court
jurisdiction to set aside a previously imposed criminal judgment that contains a term
of imprisonment.” United States v. Spaulding, 802 F.3d 1110, 1112 (10th Cir. 2015).
Neither has Mr. Reed made any attempt to question that holding. Indeed, he has not
even addressed Spaulding, so any argument that might have been presented to that
effect is waived. See, e.g., Pino v. Higgs, 75 F.3d 1461, 1463 (10th Cir. 1996).
The district court’s orders are affirmed. Mr. Reed’s motion to proceed in
forma pauperis is denied, as are all of his additional motions in this court.
ENTERED FOR THE COURT
Neil M. Gorsuch
Circuit Judge
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