United States v. Colbert

── United States v. Colbert ── Court: Court of Appeals for the Tenth Circuit Date: May 12, 2026 Category: General Appellate Case: 25-5120 Document: 41-1 Date Filed: 05/12/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 12, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-5120 (D.C. No. 4:24-CR-00337-JFH-1) ANTONIO JEROME COLBERT, (N.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before BACHARACH, KELLY, and EID, Circuit Judges. _________________________________ A jury found Antonio Colbert guilty on three charges: possession of a firearm by a felon, see 18 U.S.C. § 922(g)(1); assault with a dangerous weapon with intent to do bodily harm in Indian country, see id. § 113(a)(3); and use of a firearm in connection with a crime of violence, see id. § 924(c)(1)(A)(iii). The district court sentenced Mr. Colbert to 191 months’ imprisonment. Mr. Colbert timely filed a notice of appeal. Counsel has filed a brief, pursuant to Anders v. California, After examining the briefs and appellate record, this panel has determined * unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.  Appellate Case: 25-5120 Document: 41-1 Date Filed: 05/12/2026 Page: 2 386 U.S. 738, 744 (1967), asserting there exist no non-frivolous grounds on which to appeal and has moved to withdraw (Dkt. No. 24). Mr. Colbert, pro se, 1 filed a response and a supplement thereto. 2 Having conducted “a full examination of all the proceedings,” we agree with counsel and conclude “the case is wholly frivolous.” Id. We therefore grant counsel’s motion to withdraw, and we dismiss the appeal. BACKGROUND Officers with the Tulsa Police Department, responding to several 911 calls reporting a possible domestic assault and possible shots fired, traveled to Mingo Road one afternoon in September 2024. There, they found Mr. Colbert and his girlfriend, CR, next to a Chevy Tahoe with both doors open searching for something in the grass next to the vehicle. Officers began searching extensively for a firearm. Before the search, one of the officers, who immediately recognized Mr. Colbert from prior encounters, characterized him as a “hider,” and stated the search needed to be thorough. Seventeen minutes elapsed before officers found a Glock pistol between the front passenger seat and center console of the Tahoe and arrested Mr. Colbert, a felon, for possession of the firearm. A grand jury returned an indictment for being a felon in possession of a firearm, assault with a dangerous weapon with intent to do bodily harm in Indian 1 We liberally construe Mr. Colbert’s pro se filings. See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). 2 We grant Mr. Colbert’s