United States v. Bailey

── United States v. Bailey ── Court: Court of Appeals for the Tenth Circuit Date: June 02, 2026 Category: General Appellate Case: 25-1301 Document: 100-1 Date Filed: 06/02/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 2, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-1301 (D.C. No. 1:94-CR-00152-WJM-1) DARREL BAILEY, (D. Colo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MORITZ, BALDOCK, and EID, Circuit Judges. ** _________________________________ In 1990, a federal trial jury in the Northern District of Illinois found Defendant Darrel Bailey guilty of one count of bank robbery with a dangerous weapon in violation of 18 U.S.C. § 2113(d), two counts of possessing a firearm following a felony conviction in violation of 18 U.S.C. § 922(g), and one count of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). United States v. Bailey, This order and judgment is not binding precedent, except under the doctrines * of law of the case, res judicata, and collateral estoppel.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. 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.  Appellate Case: 25-1301 Document: 100-1 Date Filed: 06/02/2026 Page: 2 No. 90-CR-21 (N.D. Ill. 1990). The district court sentenced Defendant to 35 years in prison to be followed by a three-year term of supervised release. While Defendant was serving this sentence, another federal trial jury in 1994, this time in the District of Colorado, found him guilty of two counts of assaulting a federal prison employee at the penitentiary where he was incarcerated in violation of 18 U.S.C. § 111(a). United States v. Bailey, No. 94-CR-152 (D. Colo. 1994). For these latter two offenses, the district court sentenced Defendant to three years and one month in prison to be served consecutively to the undischarged term of imprisonment imposed in the Northern District of Illinois. The court also sentenced Defendant to a three-year term of supervised release to be served concurrently with the three-year term of supervised release imposed for his previous criminal convictions. Defendant began serving his concurrent terms of supervised release upon his discharge from prison in March 2023. In June 2023, jurisdiction over his first prosecution was transferred from the Northern District of Illinois to the District of Colorado. United States v. Bailey, No. 23-CR-280 (D. Colo. 2023). Defendant’s original terms of supervised release were scheduled to end in March 2026. In June and July 2025, Defendant, appearing pro se, filed four largely incomprehensible motions in the district court for the District of Colorado. The court liberally and reasonably construed Defendant’s motions as a re