No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid Introduction In United States v. Reilly...
After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith) Court: U.S. Court of Appeals for the Tenth...
Lying About Indictment Status on Form 4473 Is “Material” Under § 922(a)(6) Where § 922(n) Is Facially Valid: Commentary on United States v. Reilly (10th Cir. 2025) Introduction In United States v....
Mandamus Is Not a Vehicle to Challenge § 636(b) Referrals or Routine Case-Management Orders: In re Huber (10th Cir. 2025) Introduction In In re Huber, No. 25-4109 (10th Cir. Sept. 26, 2025), the...
“Found In” Means Each Discovery Is a Separate § 1326 Offense—No Intervening Removal Required Case: United States v. Herrera‑Salazar, No. 24‑7029 (10th Cir. Sept. 26, 2025) (nonprecedential Order and...
United States v. Stacy: Tenth Circuit Opens §1292(a)(1) Path to Enjoin DOJ Spending Under the Medical Marijuana Appropriations Rider and Limits Protection to At Least Substantial Compliance with...
Continuing Court‑Martial Jurisdiction After ETS and the Strict Dodson Gatekeeper for Military Habeas Review: Commentary on Davis v. Curtis (10th Cir. Sept. 25, 2025) Introduction In Davis v. Curtis,...
No Interlocutory Appeal From Denial of Motion to Dismiss Criminal Contempt: Tenth Circuit Reaffirms “Substance Over Form” and the Narrow Reach of the Collateral-Order Doctrine and 28 U.S.C. § 1292(a)...
Financing Is Not “Labor or Material” Under Subcontract Payment Bonds; Oklahoma’s Parol‑Evidence Stranger Exception Applies; Prevailing Defendants May Recover Fees Under § 936 Based on the Suit’s...
Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections Introduction This commentary analyzes...
No Bond Coverage for Financing Disguised as Sale–Leaseback; Surety May Invoke Parol Evidence as a “Stranger”; Prevailing Defendants Can Recover § 936 Fees Based on Suit’s Gravamen Introduction In...
Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction Introduction In United States v. Weng,...
Specifics or No Second Chance: Tenth Circuit Confirms FMSHRC’s Discretion to Deny Reopening of Mine Act Defaults Absent Detailed Causation and Prospective Safeguards Introduction In Tintic...
Between Silence and Speech: No Plain Doyle Error in Mixed Post‑Miranda “Partial Silence” Cases — United States v. White (10th Cir. 2025) Court: United States Court of Appeals for the Tenth Circuit...
Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes Introduction In United States v. Geddes,...
Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co....
Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level Introduction In...
Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025) Introduction In True...
Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads Introduction In Rio Grande Foundation v. Oliver, the...
When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025) Introduction In United States v. Brown,...