United States v. Jackie Howard Mullins, 4 F.3d 898 (10th Cir. 1993). · Go Syfert
United States v. Jackie Howard Mullins, 4 F.3d 898 (10th Cir. 1993). Cases Citing This Book View Copy Cite
69 citation events (26 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Kearney (ca10, 2025-09-02)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Kearney
10th Cir. · 2025 · confidence medium
Without any accompanying link to the conspiracy count, we have “substantial doubt that the jury was fairly guided.” United States v. 16 Appellate Case: 24-2078 Document: 60-1 Date Filed: 09/02/2025 Page: 17 Mullins, 4 F.3d 898, 900 (10th Cir. 1993).
discussed Cited as authority (rule) (PC) Diaz, II v. CDCR
E.D. Cal. · 2024 · confidence medium
Excessive Force 2 When prison officials use excessive force against prisoners, they violate the inmates’ 3 Eighth Amendment right to be free from cruel and unusual punishment.” Clement v. Gomez, 298 4 F.3d 898, 903 (9th Cir. 2002).
discussed Cited as authority (rule) Arizona Department of Economic Security v. Wormuth
D. Ariz. · 2023 · confidence medium
(Doc. 1 at 17-19.) That act waives the United States' sovereign immunity to be 3 sued but does not allow money damages. 5 U.S.C. § 702 ; Harger v. Dep't of Lab., 569 4 F.3d 898, 906 (9th Cir. 2009) (holding that the APA waives sovereign immunity only to 5 the extent plaintiff seeks "relief other than money damages").
discussed Cited as authority (rule) (PC)Candler v. Ball
E.D. Cal. · 2023 · confidence medium
Excessive Force 2 When prison officials use excessive force against prisoners, they violate the inmates’ 3 Eighth Amendment right to be free from cruel and unusual punishment.” Clement v. Gomez, 298 4 F.3d 898, 903 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Johnson v. Newsom
E.D. Cal. · 2022 · confidence medium
Clement v. Gomez, 298 4 F.3d 898, 904 (9th Cir. 2002). 5 C.
discussed Cited as authority (rule) Gomez v. Skip Keyser Realty, Inc.
N.D. Cal. · 2022 · confidence medium
No. 31 at 2. 27 This case, like Gates Estates and Corro, involves allegations of perusing defendants’ 1 the ADA only covers ‘actual, physical places where goods or services are open to the public, and 2 || places where the public gets those goods or services,’ there had to be ‘some connection between the 3 || good or service complained of and an actual physical place.’” Robles v. Domino’s Pizza, LLC, 913 4 F.3d 898, 905 (9th Cir. 2019) (quoting Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104 , 5 1114 (9th Cir. 2000)). “[A] plaintiff who fails to allege any connection b…
discussed Cited as authority (rule) (PS) Williams v. McDonald's Corporation
E.D. Cal. · 2020 · confidence medium
(ECF No. 3) at 1-6.) Title III of the ADA prohibits discrimination against an individual 27 “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, 28 privileges, advantages, or accommodations of any place of public accommodation . . . .” Roberts 1 v. Royal Atlantic Corp., 542 F.3d 363, 368 (2nd Cir. 2008); U.S.C. § 12182(a). “[T]he ADA 2 mandates that places of public accommodation . . . provide auxiliary aids and services to make 3 visual materials available to individuals who are blind.” Robles v. Domino’s Pizza, LLC, 913 4 F.3d 898, 905 (9…
cited Cited as authority (rule) Jensen v. West Jordan City
10th Cir. · 2020 · confidence medium
United States v. Mullins, 4 F.3d 898, 900 (10th Cir. 1993).
cited Cited as authority (rule) United States v. Sorensen
10th Cir. · 2015 · confidence medium
“Only where the reviewing court has ‘substantial doubt that the jury was fairly guided’ will the judgment be disturbed.” Id. (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)).
cited Cited as authority (rule) Stoney v. Cingular Wireless LLC
10th Cir. · 2012 · confidence medium
United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993).
discussed Cited as authority (rule) United States v. Dayton
10th Cir. · 2012 · confidence medium
We apply a de novo standard of review to determine the propriety of an individual jury instruction to which objection was made at trial. 13 F.3d 1421, 1424 (10th Cir.1994) (citations omitted) (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)); see, e.g., United States v. Durham, 139 F.3d 1325, 1331 (10th Cir.1998) (“We review jury instructions as a whole and apply a de novo standard of review to determine the propriety of an individual jury instruction to which objection was made at the time of trial.”); United States v. Scarborough, 128 F.3d 1373, 1377 (10th Cir.1997) (sa…
cited Cited as authority (rule) United States v. McMahan
10th Cir. · 2010 · confidence medium
Only where the reviewing court has substantial doubt that the jury was fairly guided will the judgment be disturbed.” United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993).
discussed Cited as authority (rule) United States v. Grist
10th Cir. · 2006 · confidence medium
Discussion A. Presumption of Innocence “Jury instructions must be examined as a whole and a de novo standard of review is applied to determine the propriety of an individual jury instruction to which objection was made at the time of trial.” United States v. Scarborough, 128 F.3d 1373, 1377 (10th Cir.1997) (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)).
discussed Cited as authority (rule) United States v. Sanders (2×) also: Cited "see"
10th Cir. · 2002 · confidence medium
Mullins, 4 F.3d at 900.
cited Cited as authority (rule) United States v. Lester
10th Cir. · 2002 · confidence medium
United States v. *260 Mullins, 4 F.3d 898, 900 (10th Cir.1993).
discussed Cited as authority (rule) United States v. Guidry (2×)
10th Cir. · 1999 · confidence medium
We will not reverse "unless we have 'substantial doubt that the jury was fairly guided.'" Id. (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir. 1993)). 14 The Supreme Court addressed the statutory definition of "willful" as it is applied in the tax code in Cheek v. United States, 498 U.S. 192 (1991).
discussed Cited as authority (rule) United States v. Mesa Rith
10th Cir. · 1999 · confidence medium
The conviction will not *1338 be disturbed, however, absent a “ ‘substantial doubt that the jury was fairly guided.’ ” United States v. Smith, 13 F.3d 1421, 1424 (10th Cir.1994) (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)).
discussed Cited as authority (rule) United States v. Rith
10th Cir. · 1999 · confidence medium
The conviction will not be disturbed, however, absent a “‘substantial doubt that the jury was fairly guided.’” United States v. Smith, 13 F.3d 1421, 1424 (10th Cir. 1994) (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)). -34- The trial judge’s admonition to the jury that it was not to be swayed by “sympathy, prejudice, or public opinion” did not mean that the jurors may not be swayed against the defendant only; it meant that they should not be swayed by sympathy, prejudice, or public opinion in favor of either party.
discussed Cited as authority (rule) United States v. Nguyen
10th Cir. · 1998 · confidence medium
In reviewing jury instructions to which an objection was made at trial, we apply a de novo standard “to determine the propriety of [those] . . . instruction[s].” United States v. Mullins , 4 F.3d 898, 900 (10th Cir. 1993).
discussed Cited as authority (rule) United States v. Phouc H. Nguyen, A/K/A Jimmy Nguyen
10th Cir. · 1998 · confidence medium
In reviewing jury instructions to which an objection was made at trial, we apply a de novo standard “to determine the propriety of [those] ... instruction^].” United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993).
cited Cited as authority (rule) United States v. Traci Poe Boyd, Kevin Kwan Chan, Tracy Coy \Podie\" Poe
unknown court · 1998 · confidence medium
United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993).
cited Cited as authority (rule) United States v. Boyd (Traci)
10th Cir. · 1998 · confidence medium
United States v. Mullins, 4 F.3d 898, 900 (10th Cir. 1993).
discussed Cited as authority (rule) Baker v. Barnard Construction Co. (2×)
10th Cir. · 1998 · confidence medium
Because we have "substantial doubt that the jury was fairly guided," United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993), we hold that the error in Instruction Nine warrants reversal and remand. 22 Without filing a cross-appeal, 3 Defendants assert that the district court erred in denying their motion for judgment as a matter of law. 4 They contend that any error in the jury instructions was harmless because the travel time issue should never have reached the jury.
discussed Cited as authority (rule) United States v. Robertson
10th Cir. · 1998 · confidence medium
The judgment of the district court will be disturbed only where this Court has "substantial doubt that the jury was fairly guided." United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993). 7 The district court's aiding and abetting instruction adequately clarified the term "participant" and the requisite intent.
cited Cited as authority (rule) United States v. Winchell
10th Cir. · 1997 · confidence medium
In other words, reversal is not appropriate unless we have “substantial doubt that the jury was fairly guided.” United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993).
discussed Cited as authority (rule) United States v. Scarborough
10th Cir. · 1997 · confidence medium
“Jury instructions must be examined as a whole and a de novo standard of review is applied to determine the propriety of an individual jury instruction to which objection was made at the time of trial.” United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993) (citations omitted).
cited Cited as authority (rule) United States v. Kirk Bovie
10th Cir. · 1997 · confidence medium
United States v. Smith, 13 F.3d 1421, 1424 (10th Cir.), cert. denied, 513 U.S. 878 (1994); United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993).
cited Cited as authority (rule) United States v. Bovie
10th Cir. · 1997 · confidence medium
United States v. Smith, 13 F.3d 1421, 1424 (10th Cir.), cert. denied, 513 U.S. 878 (1994); United States v. Mullins, 4 F.3d 898, 900 (10th Cir. 1993).
cited Cited as authority (rule) United States v. John J. Pappert
10th Cir. · 1997 · confidence medium
Id. (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)).
cited Cited as authority (rule) United States v. Pappert
10th Cir. · 1997 · confidence medium
Id. (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir. 1993)).
cited Cited as authority (rule) United States v. John J. Pappert
10th Cir. · 1997 · confidence medium
Id. (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)).
cited Cited as authority (rule) United States v. Gail M. Levine
10th Cir. · 1994 · confidence medium
United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993).
cited Cited as authority (rule) United States v. Jackson
D. Kan. · 1994 · confidence medium
United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993); United States v. Self, 2 F.3d at 1089.
cited Cited as authority (rule) United States v. Randy Clayton Yost, and Katherine Lee Yost
10th Cir. · 1994 · confidence medium
United States v. Mullins, 4 F.3d 898, 899 (10th Cir.1993).
cited Cited as authority (rule) United States v. Brenda Lu Smith
10th Cir. · 1994 · confidence medium
United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993).
cited Cited "see" United States v. Daniels
D. Kan. · 2002 · signal: see · confidence high
See United States v. Smith, 13 F.3d 1421, 1424 (10th Cir.1994) (citing United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)).
cited Cited "see" United States v. Powell
D. Kan. · 2001 · signal: see · confidence high
See United States v. Smith, 13 F.3d 1421, 1424 (10th Cir.1994) (citing United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)).
discussed Cited "see" United States v. Chaney (2×)
10th Cir. · 1999 · signal: see · confidence high
See United States v. Mullins , 4 F.3d 898, 900 (10th Cir. 1993).
discussed Cited "see" United States v. Kirtman (2×)
10th Cir. · 1999 · signal: see · confidence high
See United States v. Mullins , 4 F.3d 898, 900 (10th Cir. 1993).
discussed Cited "see" United States of America, Plaintiff-Appellee-Cross-Appellant v. Monson Lee Durham, Also Known as Lee Durham, Cross-Appellee. United States of America v. Danny Ray Evans, Also Known as Danny Taylor
10th Cir. · 1998 · signal: see · confidence high
See United States v. Scarborough, 128 F.3d 1373, 1377 (10th Cir.1997) (citing United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)). 25 To prove perjury, the government must establish beyond a reasonable doubt that: (1) the defendant made a declaration under oath before a federal court; (2) such declaration was false; (3) the defendant knew the declaration was false; and (4) the declaration was material.
cited Cited "see" United States v. Durham
10th Cir. · 1998 · signal: see · confidence high
See United States v. Scarborough, 128 F.3d 1373, 1377 (10th Cir.1997) (citing United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)).
discussed Cited "see" United States v. James Ray Artberry James Edward Hayden
10th Cir. · 1997 · signal: see · confidence high
See United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993) (finding no error when considering challenged instruction on knowingly giving false testimony in conjunction with credibility instruction). 8 Defendant Hayden next challenges the district court's refusal to give his tendered instruction on eyewitness testimony which would have cautioned the jury in its evaluation of the identification made by Officer Bayles.
discussed Cited "see" United States v. Artberry
10th Cir. · 1997 · signal: see · confidence high
See United States v. Mullins, 4 F.3d 898, 900 (10th Cir. 1993) (finding no error when considering challenged instruction on knowingly giving false testimony in conjunction with credibility instruction).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jackie Howard MULLINS, Defendant-Appellant
92-6230.
Court of Appeals for the Tenth Circuit.
Sep 8, 1993.
4 F.3d 898
Jerome Kerney, Asst. Federal Public Defender (William P. Earley, Asst. Federal Public Defender, on the brief), Oklahoma City, OK, for defendant-appellant., Ted A. Richardson, Asst. U.S. Atty. (Joe Heaton, U.S. Atty., with him on the brief), Oklahoma City, OK, for plaintiff-appellee.
Baldock, Brorby, Vratil.
Cited by 45 opinions  |  Published
VRATIL, District Judge.

Jackie Howard Mullins was charged with one count of conspiracy to commit arson and mail fraud in violation of 18 U.S.C. § 371, one count of arson in violation of 18 U.S.C. § 844(i), and three counts of mail fraud and aiding and abetting mail fraud in violation of 18 U.S.C. § 1341 and 18 U.S.C. § 2. Mullins pleaded not guilty on all counts and proceeded to jury trial in the United States District Court for the Western District of Oklahoma. The jury convicted Mullins on all counts and the court sentenced him to 70 months imprisonment with a three-year period of supervised release.

Defendant alleges that the trial court committed error:

(1) In giving an impeachment instruction which unfairly singled out his testimony and that of his co-defendant because it mentioned that false testimony “signifies a consciousness of guilt” and the issue of “guilt” related only to defendants and not to other witnesses; and
(2) In enhancing defendant’s sentence by 18 levels under the United States Sentencing Commission, Sentencing Guidelines (hereinafter “U.S.S.G.”) § 2K1.4 App. C (amend. # 330) (1992) (effective November 1, 1990), based on its finding that in committing arson defendant knowingly created a substantial risk of death or bodily injury.

Defendant also claims that the evidence was insufficient to support his conviction. For reasons stated here and in the court’s companion case, United States v. Markum, 4 F.3d 891 (1993), we affirm.

I.

Sufficiency of the Evidence

Mullins proceeded to trial with his co-defendant, Judy Louise Brown Markum. The evidence is recited and reviewed in the companion opinion cited above. For reasons stated therein, we find that the evidence was sufficient to support Mullins’ conviction on all counts.

II.

Credibility Instruction

Mullins complains that the district court gave a witness impeachment instruction which referred to “guilt” and thus unfairly singled out defendants — the only witnesses to which the concept of guilt could apply.

The instruction to which Mullins objects reads in pertinent part as follows:

... [I]f you find that a witness has knowingly given false testimony during this trial denying incriminating facts, an inference that you are permitted to draw is that the false testimony signifies a consciousness of guilt.

Doc. # 49, Inst. # 12.

Defendant admits that the jury might have properly inferred a consciousness of guilt if it found that he had knowingly given false testimony. He nonetheless argues that the district court erred in failing to give the full instruction on exculpatory statements recited in 1 E. Devitt & C. Blackmar Federal Jury Practice and Instruction § 14.06 (4th Ed. 1992). The Devitt & Blackmar instruction reads as follows:

When a defendant voluntarily offers an explanation or voluntarily makes some statement tending to show [his/her] innocence and it is later shown that the defendant knew that the statement or explanation was false, the jury may consider this as showing consciousness of guilt on the part of Defendant since it is reasonable to infer that an innocent person does not[*900] usually find it necessary to invent or fabricate an explanation or statement tending to establish [his/her] innocence.
Whether or not evidence as to a defendant’s explanation or statement points to a consciousness of guilt on [his/her] part and the significance, if any, to be attached to any such evidence, are matters exclusively within the province of the jury as the sole judges of the facts of this case.
In your evaluation of evidence of any exculpatory statement shown to be false, you may consider that there may be reasons — fully consistent with innocence— that could cause a person to give a false statement showing their innocence. Fear of law enforcement, reluctance to become involved, and simple mistake may cause a person who has committed no crime to give such a statement or explanation.

Jury instructions must be examined as a whole and a de novo standard of review is applied to determine the propriety of an individual jury instruction to which objection was made at the time of trial. E.g., United States v. Sasser, 974 F.2d 1544, 1551 (10th Cir.1992), cert. denied, Sasser v. United States, - U.S. -, 113 S.Ct. 1063, 122 L.Ed.2d 368 (1993), citing United States v. Barbee, 968 F.2d 1026, 1033 (10th Cir.1992); United States v. de Francisco-Lopez, 939 F.2d 1405, 1409 (10th Cir.1991); United States v. Sanchez-Robles, 927 F.2d 1070, 1073 (9th Cir.1991)). Our standard of review is whether the jury, considering the instructions as a whole, was misled. United States v. Davis, 929 F.2d 554, 560 (10th Cir.1991), citing United States v. Willis, 890 F.2d 1099, 1105 (10th Cir.1989). The standard is not whether the instruction was faultless in every respect. Only where the reviewing court has substantial doubt that the jury was fairly guided will the judgment be disturbed. Messina v. Kroblin Transp. Sys., Inc., 903 F.2d 1306, 1309 (10th Cir.1990).

Because we must examine the impact of the instructions as a whole, Instruction 12 must be examined in light of Instruction 11. Instruction 11 reads as follows:

You are the sole judges of the credibility or “believability” of each witness and the weight to be given to his testimony. In weighing the testimony of a witness you should consider his relationship to the government or the defendants and his interest, if any, in the outcome of the case; his manner of testifying; his criminal record or otherwise; his opportunity to observe or acquire knowledge concerning the facts about which he testified; his candor, fairness and intelligence; and the extent to which he has been supported or contradicted by other credible evidence. You may, in short, accept or reject the testimony of any witness in whole or in part.
Also, the weight of the evidence is not necessarily determined by the number of witnesses testifying as to the existence or non-existence of any fact. You may find that the testimony of a smaller number of witnesses as to any fact is more credible than the testimony of a larger number of witnesses to the contrary.

Doc. # 49, Instruction # 11.

Considering both instructions together, the jury was not misled as to the fact that it had the sole responsibility for judging the credibility of all witnesses. Instruction 12 could have been better stated, and this court does not encourage its use in other cases. It did not amount, however, to a “directed verdict” for the government as defendant claims. [2] Further, when Mullins objected to Instruction 12, he neither proposed nor requested an alternative instruction. We are convinced that the jury was fairly guided in its deliberations and the judgment below will not be disturbed.

III.

Arson Guidelines Enhancement Level

Defendant’s argument with respect to U.S.S.G. § 2K1.4 is addressed in United States v. Markum. For the reasons stated therein, we find that the district court did not err in applying an 18-level sentence enhancement.

[*901] The judgment of the district court is AFFIRMED.

2

. The instruction says that an inference of consciousness of guilt may be drawn if a witness has denied incriminating facts, not from mere inconsistent testimony.