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United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories Introduction United...
“Superior-Interest Rule” in Criminal Forfeiture: Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back Commentary on United States v. Peck, 89 F.4th ___ (10th Cir. 2025) I....
No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion Introduction In Williams v....
Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming Department of Corrections Clarifies the Sixth-Amendment Standard Introduction Barrett v. Wyoming Department of Corrections, No. 24-8062...
United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing I. Introduction United States v. Nickols, No. 24-5056 (10th Cir. June 9, 2025),...
“The Peck Rule” – A Tenth Circuit Blueprint for Ancillary Proceedings: State-Law Superior Interests Defeat Federal Forfeiture Even Where “Tainted” Funds Enhanced the Property 1. Introduction United...
Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025) 1. Introduction In United States v. Peck, the United States Court of Appeals for the...
Certificate of Appealability Required for Habeas Challenges to Interstate Custody Transfers under 18 U.S.C. § 3623 Introduction In Hanson v. Quick, the United States Court of Appeals for the Tenth...
Ensuring Mutual Assent in Arbitration: Parisi v. GreenSky Clarifies Contract Formation Introduction The Tenth Circuit’s decision in Parisi v. GreenSky (10th Cir. 2025) addresses a fundamental...
Arbitration Requires a Validly Formed Contract: Mutual Assent on Essential Terms Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit decision in Parisi v....
Angarita-Quezada v. Garland: Clarifying Persecution and Government Protection Standards in LGBTQ Asylum Claims Introduction This case involves Diana Fernanda Angarita-Quezada, a Colombian national,...
Mutual Assent and Arbitration: Parisi v. GreenSky Clarifies Formation of Valid Arbitration Agreements Introduction Parisi v. GreenSky, LLC et al., decided June 6, 2025 by the United States Court of...
Life Sentencing Beyond the Guidelines for Second-Degree Murder in Indian Country: Clarifying the Role of 18 U.S.C. § 3553(a) in United States v. Washington Introduction United States v. Washington,...
Clarifying the “Exceptional and Extremely Unusually Hardship” Standard Under 8 U.S.C. § 1229b(b)(1)(D) Introduction In Hermosillo-Robles v. Bondi, 10th Cir. No. 24-9552 (June 4, 2025), the United...
Clarifying U.S.S.G. §2L1.2 Enhancement: “Sentence Imposed” and Adequacy of Within-Guidelines Explanations Introduction In United States v. Carvajal-Andujar, the Tenth Circuit addressed two recurring...
Appellate Waiver Enforcement and Its Exceptions: Clarifying the Hahn Test in United States v. Vessell Introduction United States v. Vessell (10th Cir. June 4, 2025) addresses the enforceability of a...
Judicial Restraint in Extending Bivens to Eighth Amendment Claims for Unsanitary Prison Conditions Introduction Walker v. Hudson, decided June 4, 2025 by the Tenth Circuit, illustrates the federal...
Crayton v. Bank of America: Stringent Requirements for Pleading Fraudulent Concealment Tolling Introduction In Crayton v. Bank of America, 25-3058 (10th Cir. June 3, 2025), the United States Court of...
Restricting §2241 Habeas Claims for Unauthorized Successive §2254 Petitions: Eaves v. Stancil Introduction In Eaves v. Stancil, the United States Court of Appeals for the Tenth Circuit denied a...