United States v. Poterbin: Harmless-Error Affirmance for Post-Conspiracy Rule 404(b) Drug-Sale Evidence Amid Overwhelming Proof 1. Introduction In United States v. Poterbin (10th Cir. Dec. 31, 2025),...
USERRA “Employer” Includes Entities with Shared Control Over Employment Opportunities (Not Just Payor or Direct Supervisor) 1. Introduction In United States v. State of Kansas Department of Health &...
Staged Automobile Collisions Trigger the § 2B1.1(b)(16)(A) “Inherent Risk” Enhancement; Upward Variances May Rest on Underrepresented Criminal History and Uncharged Sophistication I. Introduction...
Exacting Scrutiny “With Teeth” for Donor-Disclosure: Dissent Argues General-Fund Disclosure in New Mexico’s CRA Is Not Narrowly Tailored Case: Rio Grande Foundation v. Oliver (10th Cir. Dec. 30,...
Protective Vehicle Sweeps After Civil Traffic Stops: Reasonable Suspicion from Gang Indicators, Rival-Territory Context, and Anticipated Return to the Car 1. Introduction In United States v. Raban...
Colorado “Erotic Nudity” Overbreadth Defeats Categorical Aggravated-Felony Child-Pornography Match (8 U.S.C. § 1101(a)(43)(I)) 1. Introduction In Woode v. Bondi (10th Cir. Dec. 30, 2025), a pro se...
Tapia Error on Plain-Error Review: Ambiguous Treatment Remarks and Checked § 3553(a)(2)(D) Boxes Do Not Make an Upward-Variance Sentence Obviously Unlawful 1. Introduction Case: United States v....
United States v. Mora: Upholding Upward Variances in Illegal-Reentry Sentencing Based on Repeated Immigration and Criminal Violations I. Introduction In United States v. Mora, No. 25-5030 (10th Cir....
United States v. Cole: Juvenile Sexual Misconduct as “Crimes” Under Federal Rule of Evidence 414 and the Limits of the Rule of Lenity I. Introduction The Tenth Circuit’s published decision in United...
Brown v. Flowers and ACCO: Sexual Abuse by Jailers as Outside the “Scope of Duties” in Oklahoma Governmental Self‑Insurance Coverage I. Introduction In Brown v. Flowers, No. 25‑7009 (10th Cir. Dec....
Lancaster v. Cartmell and the End of § 1983 Enforcement of Medicaid’s “Reasonable Promptness” Provision in the Tenth Circuit I. Introduction In Lancaster v. Cartmell, No. 25‑6000 (10th Cir. Dec. 23,...
Waiting Periods, Commercial Sale Regulations, and En Banc Review: The Tenth Circuit’s Fractured Second Amendment Doctrine in Ortega v. Lujan Grisham I. Introduction The order in Ortega v. Lujan...
Smith v. Sheriff’s Office: Unserved Federal Defendants Do Not Trigger the 60‑Day Civil Appeal Period I. Introduction In Smith v. Sheriff’s Office, No. 25‑1076 (10th Cir. Dec. 22, 2025), the United...
“Refusal to Work” Means Non‑Performance, Not Safer Performance: Commentary on Berberich v. Kansas City Southern Railway Company and FRSA § 20109(b)(1)(B) I. Introduction In Berberich v. Kansas City...
A Defendant’s Post-Plea Sentencing Misunderstanding Does Not Invalidate a Knowing and Voluntary Appeal Waiver: Commentary on United States v. Goers (10th Cir. 2025) I. Introduction This commentary...
Standard Insurances v. IRS: Collateral Attacks on Tax Deficiencies Barred by the Anti-Injunction and Declaratory Judgment Acts I. Introduction In Standard Insurances v. IRS, No. 24-4094 (10th Cir....
Limiting Younger Abstention and Clarifying Judicial vs. Administrative Immunity: Commentary on Bivings v. Paprzycki (10th Cir. 2025) I. Introduction The Tenth Circuit’s nonprecedential order and...
United States v. Hayman: Plain Error, Sentencing Explanations, and Intellectual Disability in Murder-for-Hire Cases I. Introduction The Tenth Circuit’s unpublished decision in United States v....
Pleading the “Official Duties” Element in Public-Employee Speech Cases: Commentary on Von Busch v. Board of County Commissioners for Geary County 1. Introduction This commentary examines the Tenth...
Claim‑Specific Waiver of Arbitrability in FINRA Industry Disputes: Commentary on Waked v. Kerr (10th Cir. 2025) I. Introduction The Tenth Circuit’s nonprecedential order and judgment in Waked v....