United States v. Withrow — 10th Cir. (Sep 15, 2026)

No. 24-5040 Argued September 15, 2026 Published October 8, 2026

The Tenth Circuit hears United States versus Withrow. A jury convicted Withrow of murdering Dustin Tucker. Prosecutors described the shooting as retaliation for informing on others, and said Withrow later told other people he had killed Tucker. Withrow appealed. Before trial, a witness had developed severe memory loss; the defense challenged using her earlier statements. You'll hear Massiah, a Supreme Court decision about the Sixth Amendment right to a lawyer. After formal charges, government agents generally cannot deliberately elicit incriminating statements about the charged offense without counsel. That protection also covers covert questioning by someone acting as a government agent.

United States v. Withrow (No. 24-5040) — U.S. Court of Appeals for the Tenth Circuit, argued September 15, 2026.

Sources

Argument audio — Tenth Circuit:https://www.ca10.uscourts.gov/sites/ca10/files/oralarguments/24-5040.mp3

Argument date and case listing — Tenth Circuit:https://www.ca10.uscourts.gov/oralargument/search-results?field_oa_hearing_date_value%5Bmin%5D%5Bdate%5D=08%2F01%2F2026&field_oa_hearing_date_value%5Bmax%5D%5Bdate%5D=10%2F02%2F2026

Witness-memory issue before trial — district court opinion (Jul14,2023):https://app.midpage.ai/document/united-states-v-withrow-1000365553035

Prosecution case account — U.S. Attorney, Northern District of Oklahoma:https://www.justice.gov/usao-ndok/pr/gang-member-sentenced-life-plus-10-years-retaliation-murder-after-federal-trial

Notice of appeal — public copy of clerk docket entries (2024 snapshot):https://dockets.justia.com/docket/circuit-courts/ca10/24-5040

Right to counsel — Massiah v. United States, Supreme Court opinion:https://supreme.justia.com/cases/federal/us/377/201/

Undercover informants — United States v. Henry, Supreme Court opinion:https://supreme.justia.com/cases/federal/us/447/264/

0:00Introduction