10th Circuit Case Commentaries

Tribal Consultation and Article III: Challenging a Clean Air Act Consent Decree Requires Concrete Injury

Date: Oct 31, 2026

Tribal Consultation and Article III: Challenging a Clean Air Act Consent Decree Requires Concrete Injury Case: United States v. FourPoint Resources Court: United States Court of Appeals for the Tenth...

Withholding of Removal Requires a Protected-Ground Nexus, and Pro Se Litigants Must Verify Legal Citations

Date: Oct 29, 2026

Withholding of Removal Requires a Protected-Ground Nexus, and Pro Se Litigants Must Verify Legal Citations Case: Contreras Ramirez v. Blanche, No. 25-9577 Court: United States Court of Appeals for...

Invoking an Appeal Waiver Through Adoption of an Anders Brief: Enforcement and Federal Drug Jurisdiction in Indian Country

Date: Oct 29, 2026

Invoking an Appeal Waiver Through Adoption of an Anders Brief: Enforcement and Federal Drug Jurisdiction in Indian Country Case: United States v. Lerblance Court: United States Court of Appeals for...

Pro Se Appellants Must Challenge the Grounds for Dismissal: Wilson v. Wallace

Date: Oct 29, 2026

Pro Se Appellants Must Challenge the Grounds for Dismissal: Wilson v. Wallace Court: United States Court of Appeals for the Tenth Circuit Decision date: October 28, 2026 Case number: No. 25-3197...

Fact-Based Qualified-Immunity Appeals Provide No Jurisdictional Hook for Pendent Review

Date: Oct 29, 2026

Fact-Based Qualified-Immunity Appeals Provide No Jurisdictional Hook for Pendent Review Case: Merrill v. Seagraves Court: United States Court of Appeals for the Tenth Circuit Date: October 27, 2026...

Cancellation-of-Removal Hardship Review: Established Facts, Cumulative Assessment, and Adequate Agency Reasons

Date: Oct 28, 2026

Cancellation-of-Removal Hardship Review: Established Facts, Cumulative Assessment, and Adequate Agency Reasons Case: Cardenas-Gamez v. Blanche Court: United States Court of Appeals for the Tenth...

Merrill v. Seagraves: Disputed Facts Limit Qualified-Immunity Appeals and Cannot Support Pendent Review

Date: Oct 28, 2026

Merrill v. Seagraves: Disputed Facts Limit Qualified-Immunity Appeals and Cannot Support Pendent Review Court: United States Court of Appeals for the Tenth Circuit Date: October 27, 2026 Appeal...

Delayed Prison Dental Care: Pleading Personal Responsibility and Conscious Disregard

Date: Oct 28, 2026

Delayed Prison Dental Care: Pleading Personal Responsibility and Conscious Disregard Case: Minski v. Lewis, No. 25-3216 Court: United States Court of Appeals for the Tenth Circuit Decision date:...

Atypical Weapons Can Support a Drug-Sentencing Enhancement When the Full Record Connects Them to Trafficking

Date: Oct 28, 2026

Atypical Weapons Can Support a Drug-Sentencing Enhancement When the Full Record Connects Them to Trafficking Case: United States v. Barrera Court: United States Court of Appeals for the Tenth Circuit...

Section 848(e)(1)(B) Requires Intentional Conduct and Categorically Qualifies as a Crime of Violence

Date: Oct 28, 2026

Section 848(e)(1)(B) Requires Intentional Conduct and Categorically Qualifies as a Crime of Violence Case: United States v. Barrett, No. 23-7086 Court: United States Court of Appeals for the Tenth...

United States v. Brown: Unobjected-to Sentencing Facts and a Supported Upward Variance Survive Anders Review

Date: Oct 28, 2026

United States v. Brown: Unobjected-to Sentencing Facts and a Supported Upward Variance Survive Anders Review Court: United States Court of Appeals for the Tenth Circuit Case: United States v. Brown,...

Financial Vulnerability and Fraud: Fifteen Exploited Victims Support the Large-Number Enhancement

Date: Oct 28, 2026

Financial Vulnerability and Fraud: Fifteen Exploited Victims Support the Large-Number Enhancement Case: United States v. Hess, consolidated with the appeals of Shirley Koch Court: United States Court...

Vulnerable-Victim Sentencing in Mail Fraud: Exploited Financial Need Supplies the Nexus, and Fifteen Victims Suffice

Date: Oct 28, 2026

Vulnerable-Victim Sentencing in Mail Fraud: Exploited Financial Need Supplies the Nexus, and Fifteen Victims Suffice Case: United States v. Hess, consolidated with the appeals of Shirley Koch Court:...

Financial Vulnerability and Fraud: A Direct Nexus, Not Inability to Detect, Governs the Vulnerable-Victim Enhancement

Date: Oct 28, 2026

Financial Vulnerability and Fraud: A Direct Nexus, Not Inability to Detect, Governs the Vulnerable-Victim Enhancement Case: United States v. Koch, consolidated with the appeals of Megan Hess Court:...

Direct Exploitation of Financial Hardship Supports the Large-Number-of-Vulnerable-Victims Enhancement

Date: Oct 28, 2026

Direct Exploitation of Financial Hardship Supports the Large-Number-of-Vulnerable-Victims Enhancement Case: United States v. Koch, consolidated with the appeals of Megan Hess Court: United States...

General Objections Do Not Preserve Sentencing-Explanation Claims; Individualized Aggravation Can Justify a Statutory-Maximum Variance

Date: Oct 28, 2026

General Objections Do Not Preserve Sentencing-Explanation Claims; Individualized Aggravation Can Justify a Statutory-Maximum Variance Case: United States v. Williams, No. 24-7073 Court: United States...

Holley v. Lepak: Hypothetical Injury from an Unpassed Ballot Initiative Does Not Establish Article III Standing

Date: Oct 28, 2026

Holley v. Lepak: Hypothetical Injury from an Unpassed Ballot Initiative Does Not Establish Article III Standing Court: United States Court of Appeals for the Tenth Circuit Decided: October 26, 2026...

Written Plea Terms Control Appeal-Waiver Exceptions for Sentences Above an Agreed Range

Date: Oct 28, 2026

Written Plea Terms Control Appeal-Waiver Exceptions for Sentences Above an Agreed Range Case: United States v. Roberts Court: United States Court of Appeals for the Tenth Circuit Date: October 26,...

Reinstatement Orders Remain Reviewable After Riley, but Equitable Tolling Requires an Extraordinary Obstacle to Timely Filing

Date: Oct 28, 2026

Reinstatement Orders Remain Reviewable After Riley, but Equitable Tolling Requires an Extraordinary Obstacle to Timely Filing Case: Vizguerra-Ramirez v. Blanche, No. 25-9559 Court: United States...

Avoided Liens and Single Satisfaction: No Additional Monetary Recovery When Preservation Restores the Estate

Date: Oct 25, 2026

Avoided Liens and Single Satisfaction: No Additional Monetary Recovery When Preservation Restores the Estate Ella Coney v. Harvey Sender, BAP No. CO-25-023, United States Bankruptcy Appellate Panel...