United States v. Hernandez

── United States v. Hernandez ── Court: Court of Appeals for the Tenth Circuit Date: May 08, 2026 Category: General Appellate Case: 25-2086 Document: 38-1 Date Filed: 05/08/2026 Page: 1 FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS May 8, 2026 FOR THE TENTH CIRCUIT _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-2086 (D.C. No. 1:21-CR-01832-DHU-1) ANTHONY A. HERNANDEZ, (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, MORITZ, and FEDERICO, Circuit Judges. _________________________________ A jury convicted Anthony Hernandez of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Hernandez challenges the sufficiency of the evidence, arguing an eyewitness’s observation was *After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.  Appellate Case: 25-2086 Document: 38-1 Date Filed: 05/08/2026 Page: 2 compromised and no forensic evidence tied him to the firearm. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. I A On October 26, 2021, at approximately 2:30 a.m., Jane Doe 1 was lying in bed when she heard a gunshot. 2 She did not see the shot being fired, but when she looked out her bedroom window, she saw a man outside a neighboring apartment “waving [a] gun, yelling, [and] moving around back and forth.” R. III at 31. Feeling “scared,” she called 911 and described the man as wearing a white backpack. R. III at 32. “[A] couple minutes later,” she recognized Hernandez as the “boyfriend or ex-boyfriend of [a] neighbor” by “[h]is voice, his face, [and] seeing him in the light.” R. III at 28. She estimated that she had seen him approximately seven times over the preceding two months. At some point, Hernandez put the gun “in his pocket . . . or somewhere.” R. III at 33. She continued to watch him until police officers arrived and made contact with him. 1 The parties refer to the eyewitness by the pseudonym “Jane Doe.” See Aplt. Opening Br. at 2 n.1. We do the same. 2 We draw the facts from the evidence presented at trial. United States v. Stepp, 89 F.4th 826, 829 n.1 (10th Cir. 2023). 2  Appellate Case: 25-2086 Document: 38-1 Date Filed: 05/08/2026 Page: 3 Albuquerque police officers arrived at the apartment complex and saw Hernandez, who appeared to match Doe’s description. Hernandez went behind a wall and officers called to him. He came out wearing two white backpacks, one in front and one in back. Officers detained him and found he was unarmed. They then went behind the wall and fo