Carter v. Wands, 431 F. App'x 628 (10th Cir. 2011). · Go Syfert
Carter v. Wands, 431 F. App'x 628 (10th Cir. 2011). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 6 distinct courts.
Strongest positive: Jesse Joseph Aich v. Darrian Campbell (ksd, 2026-05-13)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Jesse Joseph Aich v. Darrian Campbell
D. Kan. · 2026 · confidence medium
See Harris v. Wands, 310 F. App’x 145 , 147 (10th Cir. Feb. 1, 2011) (unpublished) (rejecting as frivolous an “attempt to gain . . . release from prison by using civil contract law in a § 2241 action.”); see also Amerson v. United States, 550 F. App'x 603, 604 (10th Cir. 2013) (unpublished) (finding attempt to use UCC-related documents to undermine conviction frivolous); Carter v. Wands, 431 F. App’x 628, 629 (10th Cir. May 6, 2011) (unpublished) (holding that the UCC does not “provide a basis to challenge the conditions of [federal] imprisonment under 28 U.S.C. § 2241”).
discussed Cited as authority (rule) Hurt v. Exeter Finance LLC
E.D. Mo. · 2023 · confidence medium
Mo. Apr. 28, 2017) (argument that petitioner is a “flesh and blood man” serves no basis for habeas relief); Carter v. Wands, 431 F. App’x 628, 629 (10th Cir. 2011). credit terms.5 In plaintiff’s proposed amended complaint, he claims that he “sold a promissory note to Bommarito Honda for the vehicle in which it was assigned to the defendant.” He asserts that he also sent “negotiable instruments which is cash equivalent or a bill of exchange for full payment of the alleged debt.” Plaintiff seeks monetary damages and injunctive relief in his proposed amended complaint.
cited Cited as authority (rule) Hurt v. Exeter Finance LLC
E.D. Mo. · 2023 · confidence medium
Mo. Apr. 28, 2017) (argument that petitioner is a “flesh and blood man” serves no basis for habeas relief); Carter v. Wands, 431 F. App’x 628, 629 (10th Cir. 2011).
discussed Cited as authority (rule) Johnson-Bey v. Redington
E.D. Mo. · 2021 · confidence medium
Mo. Apr. 28, 2017) (argument that petitioner is a “flesh and blood man” serves as no basis for habeas relief); Carter v. Wands, 431 F. App’x 628, 629 (10th Cir. 2011) (the U.C.C. does not “provide a basis to challenge the conditions of [petitioner’s] imprisonment under 28 U.S.C. § 2241”).
discussed Cited as authority (rule) Richard v. State of New York Richmond County Criminal Supreme Court
E.D.N.Y · 2020 · confidence medium
Wands, 431 F. App’x 628, 629 (10th Cir. 2011) (affirming dismissal of Section 2241 petition because “[n]either the U.C.C. nor any of the newly cited federal statutes provide a basis to challenge the conditions of [the petitioner's] imprisonment . . . .”); see also Brzezinski v. Smith, No. 12–cv–14573, 2013 WL 2397522 , at *3 (E.D.
discussed Cited as authority (rule) Swain v. Director of Corrections
N.D. Cal. · 2019 · confidence medium
See, e.g., Torres v. 25 Florida Dept. of Corr., 742 F. App’x 403 , 406-07 (11th Cir. 2018) (rejecting First Amendment challenge to rule permitting confiscation of prisoner’s U.C.C. forms because it was reasonably 26 related to legitimate penological interest in preventing prisoners from filing fraudulent U.C.C. liens); Edmonds v. Sobina, 296 F. App’x 214 (3d Cir. 2008) (upholding prison’s policy of 27 restricting inmates possession of U.C.C.-related materials); Monroe v. Beard, 536 F.3d 198 (3rd 1 Carter v. Wands, 431 F. App’x 628, 629 (10th Cir. 2011) (the U.C.C. does not “provide…
cited Cited "see" Amerson v. United States
10th Cir. · 2013 · signal: see · confidence high
See Carter v. Wands, 431 Fed.Appx. 628, 629 (10th Cir. 2011); Harris v. Wands, 410 Fed.Appx. 145, 147 (10th Cir.2011); United States v. Hamill, 252 Fed.Appx. 260, 262 (10th Cir. 2007).
discussed Cited "see, e.g." Ibn-Sadiika v. Lipscomb
M.D. Penn. · 2020 · signal: see also · confidence medium
Leamer v. Fauver, 288 F.3d 532, 542 (3d Cir. 2002); see also Amerson v. United States, 550 F. App’x 603, 604 (10th Cir. 2013) (“The UCC governs commercial transactions and cannot be used to upset criminal convictions, even collaterally.”); see also Carter v. Wands, 431 F. App’x 628, 629 (10th Cir. 2011) (affirming dismissal of §2241 habeas petition claiming the United Commercial Code provided a basis of habeas relief).
Retrieving the full opinion text from the archive…
Laquan Dwayne CARTER, Petitioner-Appellant,
v.
Julie WANDS, Warehouseman/Warden, Respondent-Appellee
11-1065.
Court of Appeals for the Tenth Circuit.
May 6, 2011.
431 F. App'x 628
Laquan Dwayne Carter, Florence, CO, pro se.
Lucero, Gorsuch, Matheson.
Cited by 7 opinions  |  Unpublished

ORDER AND JUDGMENT *

SCOTT M. MATHESON, JR., Circuit Judge.

After examining appellant’s brief and the appellate record, this panel has deter[*629] mined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

BACKGROUND

Laquan Dwayne Carter was convicted of conspiracy to distribute cocaine and possession of cocaine with the intent to distribute, in violation of 21 U.S.C. § 841, and three related offenses in the United States District Court for the District of Minnesota. On August 15, 2005, he was sentenced to 405 months in federal prison. He is currently incarcerated at the Federal Correctional Institution in Florence, Colorado. Mr. Carter filed a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 with the United States District Court of the District of Colorado.

In his application, he argued that he had satisfied his debt under the Uniform Commercial Code (“UCC”). He claimed this discharged him from all liability under his criminal conviction. He further claimed that Julie Wands, the warden at Florence, lacks quasi in rem jurisdiction and therefore no longer has the right to retain him in custody because the storage charges have been paid. Mr. Carter also vaguely referred to due process and equal protection, but the facts he alleged related to his UCC claim.

The district court denied the application, noting that the UCC is “not relevant to his federal conviction and is not federal law.” The court concluded that Mr. Carter’s claims “lack any arguable merit and must be dismissed.”

DISCUSSION

On appeal, Mr. Carter raises two claims. First, he argues that Ms. Wands lacks quasi in rem jurisdiction over him as a result of his being held under 28 U.S.C. § 3009, having satisfied, under 28 U.S.C. § 3206(a), a $13,000,000 fine, which he claims was treated as a tax lien pursuant to 28 U.S.C. § 3201(a). Second, he argues that he has satisfied his judgment pursuant to 31 U.S.C. § 5118.

Mr. Carter’s appeal attempts to supplement his U.C.C. argument before the district court with various federal statutes, but they do not salvage his claim that Ms. Wands lacks quasi in rem jurisdiction. Neither the U.C.C. nor any of the newly cited federal statutes provide a basis to challenge the conditions of his imprisonment under 28 U.S.C. § 2241. To the extent Mr. Carter is trying to raise new claims on this appeal through citations to federal statutes not considered below, such claims are forfeited because they were not presented to the district court. This court is willing “to exercise its discretion to hear issues not raised below only in the most unusual circumstances.” U.S. v. Jarvis, 499 F.3d 1196, 1202 (10th Cir.2007) (quotations omitted).

CONCLUSION

For the foregoing reasons, we AFFIRM the district court’s denial of Mr. Carter’s application for a writ of habeas corpus. Because Mr. Carter has failed to raise any non-frivolous arguments, we DENY his Motion for Leave to Proceed in forma pauperis.

*

This order and judgment is not binding precedent, except under the doctrines of law of the[*629] 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. Citation to an order and judgment must be accompanied by an appropriate parenthetical notation — (unpublished). 10th Cir. R. 32.1(A).