United States v. Campbell

── United States v. Campbell ── Court: Court of Appeals for the Tenth Circuit Date: May 05, 2026 Category: General Appellate Case: 24-5086 Document: 56-1 Date Filed: 05/05/2026 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS May 5, 2026 Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________ UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 24-5086 KALIN MARIE CAMPBELL, Defendant - Appellant. _________________________________ Appeal from the United States District Court for the Northern District of Oklahoma (D.C. No. 4:22-CR-00338-SEH-5) _________________________________ Justin A. Lollman, Hofland/Lollman, Tulsa, Oklahoma, for Defendant – Appellant. Steven J. Briden, Assistant United States Attorney (Clinton J. Johnson, United States Attorney, with him on the brief), Northern District of Oklahoma, Tulsa, Oklahoma, for Plaintiff – Appellee. _________________________________ Before BACHARACH, MURPHY, and ROSSMAN, Circuit Judges. _________________________________ MURPHY, Circuit Judge. _________________________________ I. INTRODUCTION The defendant-appellant, Kalin Marie Campbell, appeals her sentence, challenging the district court’s calculation of her Guidelines range. At issue are her prior state convictions. Campbell argues those prior state convictions were entered by  Appellate Case: 24-5086 Document: 56-1 Date Filed: 05/05/2026 Page: 2 courts lacking subject matter jurisdiction, thus rendering them void. She posits the district court erred in considering these purportedly void state convictions when calculating her Criminal History Category. Campbell’s prior state convictions have not been vacated or reversed. Because her state convictions were not obtained in violation of her right to counsel, she cannot challenge the validity of those convictions in federal court during a sentencing hearing for an unrelated federal offense. See Johnson v. United States, 544 U.S. 295, 303 (2005). When calculating a defendant’s Criminal History Category, sentencing courts are to consider sentences from any outstanding prior conviction unrelated to the instant offense. See U.S.S.G. §§ 4A1.1; 4A1.2 & cmt. 6. The district court did not err by considering Campbell’s prior convictions when calculating her Criminal History Category. Therefore, exercising jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, the court affirms the judgment of the district court. II. BACKGROUND Campbell is an enrolled member of the Osage Nation. Her criminal record includes three convictions entered by various Oklahoma state courts. In 2013, Campbell was charged in Washington County for driving a motor vehicle under the influence. She pleaded guilty to multiple traffic-related charges and served 139 days in state prison. Next, in June 2016, Campbell was convicted for possessing methamphetamine and a loaded firearm while operating a vehicle in Mayes County. She served a deferred sentence. Finally, in July 2016, Campbell was convicted in Tulsa County of possession of a controlled substance and drug paraphernalia, as well 2  Appellate Case: 24-5086 Document: 56-1 Date Filed: 05/05/2026 Page: 3 as false impersonation of another. For this third convic