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  • Commentaries
  • Judgments

10th Circuit Case Commentaries


      Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s
      Expansion of § 924(c) Liability in United States v. McHenry

Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s Expansion of § 924(c) Liability in United States v. McHenry

Date: Dec 14, 2025
Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s Expansion of § 924(c) Liability in United States v. McHenry I. Introduction A. Overview In United States v. McHenry, No....
Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025)

Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025)

Date: Dec 14, 2025
Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025) I. Introduction The Tenth...
United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act

United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act

Date: Dec 14, 2025
United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act I. Introduction The Tenth Circuit’s unpublished order in United States v....
Purser v. Gilliland: Preliminary Development Emails, “Forced Exchange” Services, and Appellate Waiver in Contract and Unjust Enrichment Claims

Purser v. Gilliland: Preliminary Development Emails, “Forced Exchange” Services, and Appellate Waiver in Contract and Unjust Enrichment Claims

Date: Dec 13, 2025
Purser v. Gilliland: Preliminary Development Emails, “Forced Exchange” Services, and Appellate Waiver in Contract and Unjust Enrichment Claims Introduction This commentary examines the Tenth...
No Liability Without Personal Involvement: Personal Participation, Amendment, and Discovery in Prisoner Mail Due‑Process Claims after Owens v. Burtlow

No Liability Without Personal Involvement: Personal Participation, Amendment, and Discovery in Prisoner Mail Due‑Process Claims after Owens v. Burtlow

Date: Dec 13, 2025
No Liability Without Personal Involvement: Personal Participation, Amendment, and Discovery in Prisoner Mail Due‑Process Claims after Owens v. Burtlow I. Introduction The Tenth Circuit’s...
Reasonable Suspicion Without Known Warrants: United States v. Htoo and the Totality of Circumstances in Gang-Context Stops

Reasonable Suspicion Without Known Warrants: United States v. Htoo and the Totality of Circumstances in Gang-Context Stops

Date: Dec 12, 2025
Reasonable Suspicion Without Known Warrants: United States v. Htoo and the Totality of Circumstances in Gang-Context Stops I. Introduction United States v. Htoo, No. 24-1387 (10th Cir. Dec. 10,...
United States v. Fletcher: Mootness of First Step Act § 404(b) Motions After Denial of Companion Compassionate Release

United States v. Fletcher: Mootness of First Step Act § 404(b) Motions After Denial of Companion Compassionate Release

Date: Dec 12, 2025
United States v. Fletcher: Mootness of First Step Act § 404(b) Motions After Denial of Companion Compassionate Release I. Introduction In United States v. Fletcher, No. 25-6020 (10th Cir. Dec. 10,...
United States v. Sitting Eagle: Limiting Simple Assault as a Lesser-Included Offense and Enforcing Waiver of Trial-Error Claims

United States v. Sitting Eagle: Limiting Simple Assault as a Lesser-Included Offense and Enforcing Waiver of Trial-Error Claims

Date: Dec 12, 2025
United States v. Sitting Eagle: Limiting Simple Assault as a Lesser-Included Offense and Enforcing Waiver of Trial-Error Claims I. Introduction In United States v. Sitting Eagle, No. 24-8068 (10th...
Strict Particular Social Group Standards and Harmless Timeliness Errors in Motions to Reopen: Commentary on Amiryan v. Bondi (10th Cir. 2025)

Strict Particular Social Group Standards and Harmless Timeliness Errors in Motions to Reopen: Commentary on Amiryan v. Bondi (10th Cir. 2025)

Date: Dec 12, 2025
Strict Particular Social Group Standards and Harmless Timeliness Errors in Motions to Reopen: Commentary on Amiryan v. Bondi (10th Cir. 2025) I. Introduction This commentary examines the Tenth...
When Mitigation Aggravates: The Tenth Circuit on Upward Variances, Socioeconomic Status, and Cyberstalking Sentences in United States v. Vega‑Acosta

When Mitigation Aggravates: The Tenth Circuit on Upward Variances, Socioeconomic Status, and Cyberstalking Sentences in United States v. Vega‑Acosta

Date: Dec 12, 2025
When Mitigation Aggravates: The Tenth Circuit on Upward Variances, Socioeconomic Status, and Cyberstalking Sentences in United States v. Vega‑Acosta I. Introduction In United States v. Vega‑Acosta,...
Specific Knowledge and Causation in Prescription‑Drug Involuntary Intoxication: Commentary on United States v. Rainford (10th Cir. 2025)

Specific Knowledge and Causation in Prescription‑Drug Involuntary Intoxication: Commentary on United States v. Rainford (10th Cir. 2025)

Date: Dec 12, 2025
Specific Knowledge and Causation in Prescription‑Drug Involuntary Intoxication: Commentary on United States v. Rainford (10th Cir. 2025) I. Introduction In United States v. Rainford, No. 24‑7022...
Refinancing Estate Property and Voluntary Dismissal Under § 707(a): The Tenth Circuit’s Guidance in McGann v. Jagow

Refinancing Estate Property and Voluntary Dismissal Under § 707(a): The Tenth Circuit’s Guidance in McGann v. Jagow

Date: Dec 10, 2025
Refinancing Estate Property and Voluntary Dismissal Under § 707(a): The Tenth Circuit’s Guidance in McGann v. Jagow I. Introduction The Tenth Circuit’s nonprecedential order in McGann v. Jagow, Nos....
Tenth Circuit Clarifies Limits on Voluntary Dismissal of Chapter 7 Cases and Enforcement of Turnover Orders: Commentary on McGann v. Jagow

Tenth Circuit Clarifies Limits on Voluntary Dismissal of Chapter 7 Cases and Enforcement of Turnover Orders: Commentary on McGann v. Jagow

Date: Dec 10, 2025
Tenth Circuit Clarifies Limits on Voluntary Dismissal of Chapter 7 Cases and Enforcement of Turnover Orders: Commentary on McGann v. Jagow I. Introduction This commentary examines the Tenth Circuit’s...
United States v. Coleman: Anders Review of ACCA Enhancements, Consecutive Revocation Sentences, and Rehabilitation Comments at Sentencing

United States v. Coleman: Anders Review of ACCA Enhancements, Consecutive Revocation Sentences, and Rehabilitation Comments at Sentencing

Date: Dec 10, 2025
United States v. Coleman: Anders Review of ACCA Enhancements, Consecutive Revocation Sentences, and Rehabilitation Comments at Sentencing I. Introduction In United States v. Coleman, Nos. 24-6253 &...

    United States v. Coleman: Anders Dismissal of Challenges to ACCA Enhancement and Consecutive Revocation Sentences in the Tenth Circuit

United States v. Coleman: Anders Dismissal of Challenges to ACCA Enhancement and Consecutive Revocation Sentences in the Tenth Circuit

Date: Dec 10, 2025
United States v. Coleman: Anders Dismissal of Challenges to ACCA Enhancement and Consecutive Revocation Sentences in the Tenth Circuit I. Introduction The Tenth Circuit’s order and judgment in United...
“Relating in Any Way”: Vaughn v. JP Morgan Chase & Co. and the Expansive Scope of Bank Arbitration Clauses

“Relating in Any Way”: Vaughn v. JP Morgan Chase & Co. and the Expansive Scope of Bank Arbitration Clauses

Date: Dec 10, 2025
“Relating in Any Way”: Vaughn v. JP Morgan Chase & Co. and the Expansive Scope of Bank Arbitration Clauses I. Introduction The Tenth Circuit’s order and judgment in Vaughn v. JP Morgan Chase & Co.,...
Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act

Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act

Date: Dec 7, 2025
Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act I. Introduction This commentary examines the Tenth Circuit’s decision in...
No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025)

No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025)

Date: Dec 7, 2025
No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025) I. Introduction The Tenth Circuit’s unpublished order...
Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction: Commentary on United States v. Walcott (10th Cir. 2025)

Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction: Commentary on United States v. Walcott (10th Cir. 2025)

Date: Dec 6, 2025
Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction Commentary on United States v. Walcott, No. 25‑1024 (10th Cir. Dec. 4, 2025) I. Introduction...
Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman

Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman

Date: Dec 6, 2025
Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman I. Introduction This commentary examines the Tenth Circuit’s...
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