Egli v. Fojtik

• Court: Court of Appeals for the Tenth Circuit
• Decided: January 18, 2024
• Docket: 23-4121
• Status: Unpublished

Opinion

Appellate Case: 23-4121 Document: 010110985813 Date Filed: 01/18/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT January 18, 2024 _________________________________ Christopher M. Wolpert Clerk of Court DANIEL DAVID EGLI,

Plaintiff - Appellant,

v. No. 23-4121 (D.C. No. 2:22-CV-00102-HCN) KARIN M. FOJTIK; MATT BIRNBAUM, (D. Utah)

Defendants - Appellees. _________________________________

ORDER AND JUDGMENT* _________________________________

Before BACHARACH, KELLY, and MORITZ, Circuit Judges.** _________________________________

Plaintiff–Appellant Daniel David Egli, an inmate appearing pro se, appeals

from the district court’s dismissal without prejudice of his action challenging his

2004 conviction and sentence and presumably his 2010 conviction and sentence.

Egli v. Fojtik, No. 2:22-CV-102, 2023 WL 5000947 (D. Utah Aug. 4, 2023).

According to Mr. Egli, the district court lacked jurisdiction over these criminal

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 23-4121 Document: 010110985813 Date Filed: 01/18/2024 Page: 2

matters. Named as defendants are an Assistant United States Attorney who

prosecuted him and a probation officer assigned to supervise him.

As the parties are familiar with the facts, we need not restate them here other

than to say that we recently recounted Mr. Egli’s odyssey in United States v. Egli,

13 F.4th 1139, 1141—42 (10th Cir. 2021), where we upheld a special condition of

supervised release imposing a lifetime ban on using the internet and computers.

Currently, Mr. Egli is awaiting trial on another charge of possessing child

pornography. United States v. Egli, No. 2:22-CR-210 (D. Utah June 8, 2022.)

Our review is de novo. Neither 28 U.S.C. § 1331 nor 18 U.S.C. § 3231

provide a basis for jurisdiction for Mr. Egli to now challenge his prior convictions

and sentences. See United States v. Garcia-Herrera, 894 F.3d 1219, 1219–20

(10th Cir. 2018). We agree with the district court that his claim for damages likewise

fails.

AFFIRMED.

Entered for the Court

Paul J. Kelly, Jr. Circuit Judge