United States v. Smith

── United States v. Smith ── Case No.: 24-7081 Court: Court of Appeals for the Tenth Circuit Date: March 09, 2026 Category: General Appellate Case: 24-7081 Document: 65 Date Filed: 03/09/2026 Page: 1 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 24-7081 (D.C. No. 6:22-CR-00037-RAW-2) LEILONI BLAKE SMITH, (E.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before PHILLIPS, KELLY, and MORITZ, Circuit Judges. _________________________________ In March 2024, a jury found Defendant-Appellant Leiloni Blake Smith guilty of multiple counts related to the sexual abuse and exploitation of her minor children. I R. 232–33; III R. 721–23. On appeal, Ms. Smith contends that the district court erred when it allowed testimony as to (1) the contents of a police report and (2) her demeanor in videos not yet admitted into evidence. Aplt. Br. at 17–18. In addition, Ms. Smith challenges certain remarks made by the prosecutor during closing argument. Id. at 18–19. She also contends that, even if none of these errors * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.  Appellate Case: 24-7081 Document: 65 Date Filed: 03/09/2026 Page: 2 individually warrant reversal, their cumulative effect does. Id. at 19. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. Background The parties are familiar with the facts, so we need not restate them at length here. Suffice it to say that, on November 21 and November 24, 2021, Ms. Smith and her romantic partner, Gregory Neil Bias, 1 sexually abused her two minor children and made several video recordings of that abuse. I R. 26–38; II R. 50–53. In February 2022, a grand jury indicted Ms. Smith on fourteen counts and Mr. Bias on several more. 2 I R. 26–38. While Mr. Bias pled guilty, III R. 884–85, Ms. Smith proceeded to trial, which lasted two days, I R. 122–25. The government called ten witnesses and presented extensive inculpatory evidence, including nine videos that were 1 The exact nature of their relationship at the time is unclear; Ms. Smith refers to Mr. Bias as her “romantic partner,” while the government calls him her fiancée. Aplt. Br. at 22; Aplee. Br. at 2; II R. 51. 2 The government charged Ms. Smith with the following: aggravated sexual abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(A), 2, 1151 & 1153 (Counts One, Three, Four, Eight, and Nine); aggravated sexual abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(B), 2, 1151 & 1153 (Counts Two, Five, and Six); aggravated sexual abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(C), 2, 1151 & 1153 (Count Seven); sexual exploitation of a child by a parent, 18 U.S.C. §§ 2251(b), 2251(e), & 2 (Counts Ten and Eleven); sexual exploitation of a child, 18 U.S.C. §§ 2251(a), 2251(e), & 2 (Counts Twelve and Thirteen); and possession of certain material involving the sexual exploitation of a minor, 18 U.S.C. § 2252(a)(4)(B) & (b)(2) (Count Fifteen). I R. 26–33. Mr. Bias was also charged with several counts of possession, distribution, and receipt of material involving the sexual exploitation of a minor, and of being a felon in possession of a firearm. I R. 32–35. 2  Appellate Case: 24-7081 Document: 65 Date Filed: 03/09/2026 Page: 3 admitted into evidence and published to t