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  • Commentaries
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10th Circuit Case Commentaries

Clarifying the Boundaries of Ineffective Assistance Claims in §924(c) Aiding and Abetting Cases

Clarifying the Boundaries of Ineffective Assistance Claims in §924(c) Aiding and Abetting Cases

Date: Mar 1, 2025
Clarifying the Boundaries of Ineffective Assistance Claims in §924(c) Aiding and Abetting Cases Introduction The case of United States of America v. Dustin Alan Wall centers on the defendant’s...
Jurisdiction and Guidelines Recalibration Under §3582(c)(2): The Impact of Amendment 821 in United States v. Hunt

Jurisdiction and Guidelines Recalibration Under §3582(c)(2): The Impact of Amendment 821 in United States v. Hunt

Date: Mar 1, 2025
Jurisdiction and Guidelines Recalibration Under §3582(c)(2): The Impact of Amendment 821 in United States v. Hunt Introduction The case of United States v. Stephen Vincent Hunt represents a...
Establishing Imperfect Defense of Another as a Mitigating Factor in Homicide Cases

Establishing Imperfect Defense of Another as a Mitigating Factor in Homicide Cases

Date: Mar 1, 2025
Establishing Imperfect Defense of Another as a Mitigating Factor in Homicide Cases Introduction In the recent case of UNITED STATES OF AMERICA, Plaintiff-Appellee, v. WILLIAM CLAYTON BROWN,...
Broadening the Scope of “Persons Responsible” in Interstate Livestock Transport: A New Precedent under AHPA Regulations

Broadening the Scope of “Persons Responsible” in Interstate Livestock Transport: A New Precedent under AHPA Regulations

Date: Mar 1, 2025
Broadening the Scope of “Persons Responsible” in Interstate Livestock Transport: A New Precedent under AHPA Regulations Introduction In the recent decision of the United States Court of Appeals for...
Establishing Specific Intent to Kill as a Prerequisite for Sentencing Under U.S.S.G. § 2A2.1

Establishing Specific Intent to Kill as a Prerequisite for Sentencing Under U.S.S.G. § 2A2.1

Date: Mar 1, 2025
Establishing Specific Intent to Kill as a Prerequisite for Sentencing Under U.S.S.G. § 2A2.1 Introduction The case of UNITED STATES OF AMERICA v. JIMMY LEE BROOKS, decided by the United States Court...
Qualified Immunity Redefined: Establishing Clear Limits on Deadly Force in Non-Aggressive Knife Cases

Qualified Immunity Redefined: Establishing Clear Limits on Deadly Force in Non-Aggressive Knife Cases

Date: Mar 1, 2025
Qualified Immunity Redefined: Establishing Clear Limits on Deadly Force in Non-Aggressive Knife Cases Introduction The United States Court of Appeals for the Tenth Circuit rendered an important...
Navigating the False-Name Exception: Tenth Circuit’s Approach to Consumer Perceptions under the FDCPA

Navigating the False-Name Exception: Tenth Circuit’s Approach to Consumer Perceptions under the FDCPA

Date: Feb 25, 2025
Navigating the False-Name Exception: Tenth Circuit’s Approach to Consumer Perceptions under the FDCPA Introduction This commentary examines the recent judgment in the case of WARREN HEIDELBERGER v....
Market Valuation Evidence in Sentencing Enhancements: Affirming the Use of the Kelley Blue Book Report

Market Valuation Evidence in Sentencing Enhancements: Affirming the Use of the Kelley Blue Book Report

Date: Feb 24, 2025
Market Valuation Evidence in Sentencing Enhancements: Affirming the Use of the Kelley Blue Book Report Introduction The case, UNITED STATES OF AMERICA v. Kong Meng Lor, presents a critical...
Clarifying the Taxability of Employee Wages: The MacCubbin Precedent

Clarifying the Taxability of Employee Wages: The MacCubbin Precedent

Date: Feb 24, 2025
Clarifying the Taxability of Employee Wages: The MacCubbin Precedent Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit’s decision in the case of Ryan...
Exhaustion of State Remedies as a Prerequisite for Rule 60(b) Relief: Establishing Procedural Boundaries in Post-Conviction Appeals

Exhaustion of State Remedies as a Prerequisite for Rule 60(b) Relief: Establishing Procedural Boundaries in Post-Conviction Appeals

Date: Feb 24, 2025
Exhaustion of State Remedies as a Prerequisite for Rule 60(b) Relief: Establishing Procedural Boundaries in Post-Conviction Appeals Introduction The Judgment in Levi McRae Luginbyhl v. Steven Harpe,...
Clarifying Defendant’s Knowledge of Victim Incapacity under 18 U.S.C. § 2242(2)(A)

Clarifying Defendant’s Knowledge of Victim Incapacity under 18 U.S.C. § 2242(2)(A)

Date: Feb 24, 2025
Clarifying Defendant’s Knowledge of Victim Incapacity under 18 U.S.C. § 2242(2)(A) I. Introduction This commentary addresses the recent decision in UNITED STATES OF AMERICA v. DAVID LEROY EARLS,...
Emphasizing Consistency in Evaluating Medical Evidence for SSI Disability Claims

Emphasizing Consistency in Evaluating Medical Evidence for SSI Disability Claims

Date: Feb 24, 2025
Emphasizing Consistency in Evaluating Medical Evidence for SSI Disability Claims Introduction The case of Lori Ann Fager v. Commissioner, SSA, decided by the United States Court of Appeals for the...
Affirming Discretion in Sentencing: The Role of Tribal Convictions and Treatment Considerations

Affirming Discretion in Sentencing: The Role of Tribal Convictions and Treatment Considerations

Date: Feb 24, 2025
Affirming Discretion in Sentencing: The Role of Tribal Convictions and Treatment Considerations Introduction In the case of UNITED STATES OF AMERICA v. DENNETT JEROME CHEE, the United States Court of...
Clarifying Plain Error in Supervised Release Conditions: The Boundaries of Judicial Discretion in Medication Compliance Orders

Clarifying Plain Error in Supervised Release Conditions: The Boundaries of Judicial Discretion in Medication Compliance Orders

Date: Feb 24, 2025
Clarifying Plain Error in Supervised Release Conditions: The Boundaries of Judicial Discretion in Medication Compliance Orders Introduction The present case, UNITED STATES OF AMERICA, Plaintiff -...
Qualified Immunity Upheld in Exigent Circumstances: A New Precedent on the Use of Lethal Force

Qualified Immunity Upheld in Exigent Circumstances: A New Precedent on the Use of Lethal Force

Date: Feb 24, 2025
Qualified Immunity Upheld in Exigent Circumstances: A New Precedent on the Use of Lethal Force Introduction The case of Estate of Jason Waterhouse v. Marc Direzza presents a critical analysis of...
Judicial Commentary on the Timeliness Requirement: Denial of Certificate of Appealability in Gibbs’s § 2255 Motion

Judicial Commentary on the Timeliness Requirement: Denial of Certificate of Appealability in Gibbs’s § 2255 Motion

Date: Feb 24, 2025
Judicial Commentary on the Timeliness Requirement: Denial of Certificate of Appealability in Gibbs’s § 2255 Motion Introduction This commentary examines the United States Court of Appeals for the...
New Precedent on Evaluating Sex-Based Classification in Pretrial Detention and Cross‐Gender Searches

New Precedent on Evaluating Sex-Based Classification in Pretrial Detention and Cross‐Gender Searches

Date: Feb 22, 2025
New Precedent on Evaluating Sex-Based Classification in Pretrial Detention and Cross‐Gender Searches Introduction The recent decision in Darlene Griffith v. El Paso County, Colorado et al. by the...
Managerial Control in Money Laundering Conspiracy: New Precedent on Enhancing Sentences under U.S.S.G. § 3B1.1(b)

Managerial Control in Money Laundering Conspiracy: New Precedent on Enhancing Sentences under U.S.S.G. § 3B1.1(b)

Date: Feb 22, 2025
Managerial Control in Money Laundering Conspiracy: New Precedent on Enhancing Sentences under U.S.S.G. § 3B1.1(b) Introduction In the case of UNITED STATES OF AMERICA v. Dhruv Jani, the defendant...
Beyond a Reasonable Doubt: Redefining Inferences of Mens Rea Under the Equipoise Principle

Beyond a Reasonable Doubt: Redefining Inferences of Mens Rea Under the Equipoise Principle

Date: Feb 22, 2025
Beyond a Reasonable Doubt: Redefining Inferences of Mens Rea Under the Equipoise Principle Introduction The Judgment in UNITED STATES OF AMERICA v. Raymond Lee Goldesberry represents a significant...
Defining Relevant Conduct in Sentencing: Distinguishing Temporal Overlap from Offense-Related Behavior

Defining Relevant Conduct in Sentencing: Distinguishing Temporal Overlap from Offense-Related Behavior

Date: Feb 22, 2025
Defining Relevant Conduct in Sentencing: Distinguishing Temporal Overlap from Offense-Related Behavior 1. Introduction The case of UNITED STATES OF AMERICA v. CLEDALE CALDWELL addresses a critical...
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