Appellate Case: 18-1296 Document: 010110616058 Date Filed: 12/08/2021 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS December 8, 2021 Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________ UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 18-1296 BAKHTIYOR JUMAEV, Defendant - Appellant. _________________________________ Appeal from the United States District Court for the District of Colorado (D.C. No. 1:12-CR-00033-JLK-2) _________________________________ Caleb Kruckenberg, New Civil Liberties Alliance, Washington, D.C., for Defendant- Appellant. James C. Murphy, Assistant United States Attorney, Denver, Colorado (John C. Demers, Assistant Attorney General, National Security Division, U.S. Department of Justice, Washington, D.C.; Joseph Palmer and Steven L. Lane, Attorneys, National Security Division, U.S. Department of Justice, Washington, D.C.; Jason R. Dunn, United States Attorney, Denver, Colorado, with him on the briefs), for Plaintiff-Appellee. _________________________________ Before MATHESON, Circuit Judge, LUCERO, Senior Circuit Judge, and EID, Circuit Judge. _________________________________ EID, Circuit Judge. _________________________________ Defendant-appellant Bakhtiyor Jumaev and his co-defendant Jamshid Muhtorov were convicted, after separate trials, of conspiring to provide material Appellate Case: 18-1296 Document: 010110616058 Date Filed: 12/08/2021 Page: 2 support or resources to a designated foreign terrorist organization, and knowingly providing or attempting to provide material support or resources to a designated foreign terrorist organization, in violation of 18 U.S.C. § 2339B.1 Both appealed, and, with the parties’ consent, we procedurally consolidated the cases. In an opinion issued concurrently with this one, we reject Muhtorov’s claims, including his Sixth Amendment speedy trial claim, and affirm his convictions. Muhtorov, slip op. at 1, 106–63. In this decision, we address Jumaev’s claims, of which there are three. First, like Muhtorov, Jumaev asserts that his Sixth Amendment speedy trial right was violated. Second, Jumaev maintains that the district court abused its discretion by declining to severely sanction the government for its discovery conduct. Third, Jumaev contends that the extraterritorial search warrants for his home, phone, and computer were issued in violation of Rule 41 of the Federal Rules of Criminal Procedure. Exercising jurisdiction under 28 U.S.C. § 1291, we conclude that each of Jumaev’s claims fails, and we affirm. I A Jumaev is a refugee from Uzbekistan. In 2009, he met Muhtorov, a fellow Uzbekistan refugee. The two lived far apart—Jumaev, in Philadelphia, Pennsylvania, and Muhtorov in Denver, Colorado. But Philadelphia, it turned out, was one of the 1 Muhtorov was also convicted on a third count not brought against Jumaev. See United States v. Muhtorov, No. 18-1366, slip op. at 1, 3, 115 (10th Cir. Dec. 8, 2021). 2 Appellate Case: 18-1296 Document: 010110616058 Date Filed: 12/08/2021 Page: 3 few cities in the United States where a trucking class was offered in Russian, and Muhtorov, who struggled with English but spoke Russian, wished to obtain a commercial trucker’s license. Muhtorov decided to take the class in Philadelphia, and a mutual friend arranged for Muhtorov to stay with Jumaev while Muhtorov was there. Jumaev and Muhtorov became friendly during Muhtorov’s visit. The two had similar backgrounds. Both had left Uzbekistan …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals