TOKOPH v. U.S.

No. 13-2128.

774 F.3d 1300 (2014)

David P. TOKOPH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

As Amended on Rehearing January 26, 2015.

Rehearing En Banc Denied January 26, 2015.


Attorney(s) appearing for the Case

Marc M. Lowry ( Evan P. Woodward , with him on the briefs), Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Albuquerque, NM, for Petitioner-Appellant.

Fred J. Federici , Assistant United States Attorney ( Steven C. Yarbrough , Acting United States Attorney, with him on the brief), Albuquerque, NM, for Respondent-Appellee.

Before GORSUCH, SENTELLE, and MURPHY, Circuit Judges.


In 1974, appellant David Tokoph, then-defendant in a criminal action in the District of New Mexico, was sentenced under 18 U.S.C. § 5021, the Federal Youth Corrections Act (repealed in 1984). In 2012, Tokoph filed a motion to seal and expunge records of that conviction. The district court concluded that it had no jurisdiction...

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