EUA “Option to Refuse” Is Not a § 1983 Right: Tenth Circuit Rejects Private Enforcement of EUA, PREP Act, and 10 U.S.C. § 980 in Vaccine-Mandate Suits Introduction In a published decision, the Tenth...
Post‑Rebuttal Presumption, International Travel Evidence, and Drug‑Trafficking “Danger” under the Bail Reform Act: United States v. Legaretta (10th Cir. 2025) Court: U.S. Court of Appeals for the...
Tenth Circuit Confirms JSIN-Based Disparity Claims Are Substantive; Upholds Statutory-Maximum Upward Variance Without Explicit § 3553(a)(6) Recitation Case: United States v. Rios, No. 24-6251 (10th...
Failure to Challenge Jurisdictional Dismissal in Opening Brief Renders Appeal Frivolous and Warrants a PLRA Strike — Washington v. State of Oklahoma (10th Cir. 2025) Court: United States Court of...
No Internet Shortcut: Creditor’s Right to Repayment and Escrow Possession Qualify as “Property” Under Wire Fraud; Interstate Proof Required for Online Wires Introduction In United States v. Baker,...
Tenth Circuit Clarifies Wire Fraud “Property”: Creditor’s Collection Right and Escrow Possession Qualify; Internet Use Alone Does Not Satisfy Interstate Element; Grand Jury May Initiate §401 Contempt...
Progressive, Standard-of-Care Treatment Defeats Eighth Amendment Deliberate Indifference; No Monell Liability Without a Predicate Violation Introduction In Potter v. Johnson, No. 25-8033 (10th Cir....
Creditor’s Right to Repayment and Escrow Possession Are “Property” Under the Wire-Fraud Statute; Internet Use Alone Is Not Interstate: United States v. Baker (10th Cir. 2025) Introduction In a...
Actual Authority, Not Apparent Team Membership: Tenth Circuit Denies COA Where State Proffer Terms Did Not Bind Federal Prosecutors and Rule 410 Was Waived Introduction In United States v. Brown, No....
Rule 60(b) Appeals Stand Alone: Timeliness, Scope, and Frivolousness in Sullivan v. Graham Introduction In Sullivan v. Graham, Nos. 24-3113 & 24-3114 (10th Cir. Oct. 17, 2025), a panel of the U.S....
Tenth Circuit Reaffirms the Narrow Scope of Rule 60(b) Appeals and Confirms Authority to Dismiss Timely Appeals as Frivolous Introduction In Sullivan v. Hartford Financial Services Group,...
Tenth Circuit Reaffirms AEDPA’s One-Year Limit on State-Prisoner § 2241 Petitions; Equitable Tolling Not Triggered by Postconviction Counsel’s Missteps Introduction In St. Clair v. Quick, No. 24-7090...
Rule 60(b) Is Not a Second Appeal: Tenth Circuit Dismisses Frivolous Post‑Judgment Appeals and Limits Review to the Denial Order Introduction In Sullivan v. Graham, consolidated Nos. 24‑3113 and...
Tenth Circuit Clarifies: No Rule 11 Advisement Required for Supervised-Release Admissions; Repeated Breach of Trust Can Justify a Major Upward Variance Case: United States v. King, No. 24-6209 (10th...
No “Zero‑Month Lock‑In” After Probation Revocation: Tenth Circuit Reaffirms Moore’s Two‑Step Resentencing and Clarifies Plain‑Error Limits Introduction In United States v. Moon Seals (10th Cir. Oct....
United States v. Bycroft: Tenth Circuit Requires On-the-Record, Defendant-Specific §3583(d) Findings for Lifetime Internet Bans; Generic §3553(a) Recitations Are Insufficient Introduction In United...
When the BIA Misapplies Clear-Error Review, the Tenth Circuit May Reinstate an IJ’s Asylum Grant Without Remand Introduction In Ramos v. Bondi, the Tenth Circuit issued a precedential opinion that...
Futility Trumps the Ordinary-Remand Rule: Tenth Circuit Polices BIA’s Clear-Error Review and Orders Reinstatement of Asylum Introduction Ramos v. Bondi is a published decision of the U.S. Court of...
No Appeal, No Exhaustion: The Tenth Circuit Confirms Postage Receipts Don’t Prove PLRA Exhaustion in Wiggins v. Hatch Introduction In Wiggins v. Hatch, Nos. 24-2159 & 24-2160 (10th Cir. Oct. 15,...
Wiggins v. Hatch: Proof of PLRA Exhaustion Requires Documented Grievance Appeals—Generic Postage Charges Are Insufficient Introduction In Wiggins v. Hatch, the Tenth Circuit affirmed a district...