10th Circuit Case Commentaries

United States v. Holt: Spoliation, Daubert Harmless Error, Self‑Defense Closings, and Upward Departures in the Tenth Circuit

Date: Dec 18, 2025

United States v. Holt: Spoliation, Daubert Harmless Error, Self‑Defense Closings, and Upward Departures in the Tenth Circuit I. Introduction In United States v. Holt, No. 24‑7044 (10th Cir. Dec. 16,...

United States v. Duque‑Ramirez: Allegiance as a Historical Justification for Disarming Unlawfully Present Noncitizens

Date: Dec 18, 2025

United States v. Duque‑Ramirez: Allegiance as a Historical Justification for Disarming Unlawfully Present Noncitizens I. Introduction In United States v. Duque‑Ramirez, No. 24‑6257 (10th Cir. Dec....

Insecure Temporary Tags and Drug-Related Indicators as Grounds for Reasonable Suspicion: A Commentary on United States v. Munoz (10th Cir. 2025)

Date: Dec 18, 2025

Insecure Temporary Tags and Drug-Related Indicators as Grounds for Reasonable Suspicion: Commentary on United States v. Munoz (10th Cir. 2025) I. Introduction In United States v. Munoz, No. 24‑1418...

A Duty to Cure Jury Confusion on Elements: United States v. Kirby and Supplemental Instructions in Federal Criminal Trials

Date: Dec 18, 2025

A Duty to Cure Jury Confusion on Elements: United States v. Kirby (10th Cir. 2025) Introduction In United States v. Kirby, No. 24-7070 (10th Cir. Dec. 16, 2025), the Tenth Circuit vacated a federal...

Civil Contempt, Corporate Dissolution, and Pro Se Appellate Limits in Lucas v. Dadson Manufacturing Corporation

Date: Dec 18, 2025

Civil Contempt for Violating No-Suit Orders, Corporate Dissolution, and Limits on Pro Se Appeals: A Commentary on Lucas v. Dadson Manufacturing Corporation, No. 25‑3074 (10th Cir. Dec. 16, 2025) I....

Reaffirming the “Open Position” Prima Facie Test and the Binding Effect of Pretrial Stipulations: Commentary on Plump v. GEICO

Date: Dec 18, 2025

Reaffirming the “Open Position” Prima Facie Test and the Binding Effect of Pretrial Stipulations: Commentary on Plump v. Government Employees Insurance Co. I. Introduction In Plump v. Government...

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)

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

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

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

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

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

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

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)

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

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)

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

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

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

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 &...