Balancing Extraordinary Circumstances and Community Safety: The Tenth Circuit’s Framework for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A) Introduction United States v. Sali, decided April...
Clarification of Due Process Notice Requirements for Rule 60(b)(4) Relief in Post-Conviction §2255 Proceedings Introduction United States v. Teague is a consolidated appeal before the Tenth Circuit...
Waiver of Due-Process Notice by Vehicle Registration Status and Lawful Impoundment of Arrestee’s Vehicle Introduction This commentary examines the Court of Appeals for the Tenth Circuit’s decision in...
Jones v. Woodrow: Failure to Register a Vehicle Waives Due Process Protections in Impoundment Introduction The Court of Appeals for the Tenth Circuit’s decision in Jones v. Woodrow, No. 24-1313 (10th...
Establishing Reasonable Temporal Proximity in Federal Indictments Introduction United States v. Chisholm, No. 24-7007 (10th Cir. Apr. 9, 2025), addresses an important threshold in federal criminal...
Clarifying Mootness of Prospective Medicaid Claims upon Plaintiff Death and Qualified Immunity Standards Introduction The United States Court of Appeals for the Tenth Circuit’s decision in Lamle v....
Mootness of Medicaid Injunction Claims Post-Applicant Death and Qualified Immunity for State Officials Introduction In Lamle v. Eads, 10th Cir. (Apr. 9, 2025), the Tenth Circuit addressed two...
Temporal Proximity Requirement for “On or About” Dates in Federal Indictments Introduction This commentary examines the Tenth Circuit’s decision in United States v. Chisholm, No. 24-7007 (10th Cir....
United States v. Elliott: Enforcing Preservation of Restitution Objections and Limits of Plain-Error Review Introduction United States v. Elliott, decided April 8, 2025, by the Tenth Circuit Court of...
Establishing Non-Host-Nation Nationality Under MEJA by Circumstantial Evidence Introduction United States v. Flaming, No. 23-5064 (10th Cir. Apr. 8, 2025) presents a prosecution under the Military...
Circumstantial Proof of Non-Nationality under MEJA and Evidentiary Standards in United States v. Flaming Introduction The Tenth Circuit’s April 8, 2025 opinion in United States v. Flaming breaks new...
Strict Enforcement of Waiver and Plain-Error in Restitution under 18 U.S.C. § 1365 Introduction United States v. Elliott is an appellate decision from the Court of Appeals for the Tenth Circuit,...
No Barker Prejudice from Sentencing Consequences: Tenth Circuit Limits Speedy Trial Clause to Preconviction Harms and Reinforces Waiver Enforcement Case: United States v. Gutierrez (No. 23-2076)...
Caraballo: Tenth Circuit Requires Particularized, First Amendment–Sensitive Findings for Adult‑Pornography Bans on Supervised Release; Affirms Purpose-Based Computer Solicitation Enhancement...
Requirement of Particularized Findings and First Amendment Balancing for Supervised Release Prohibitions on Adult Pornography Introduction United States v. Caraballo, 10th Cir. No. 24-5029 (Apr. 4,...
Contextual Clarity: Medical-Treatment Exclusion Precludes AD&D Benefits for Prescription-Drug Deaths Introduction Jensen v. Life Insurance Company of North America (10th Cir. April 4, 2025) addresses...
Speedy Trial Clause Limited to Preconviction Harms: United States v. Gutierrez Introduction United States v. Gutierrez, 23-2076 (10th Cir. Apr. 4, 2025) addresses the scope of the Sixth Amendment’s...
Context Over Grammar: Tenth Circuit clarifies that AD&D “medical treatment of sickness” exclusions reach prescription‑drug deaths, and the “unless prescribed” drug‑ingestion carveout preserves...
Defining “Extraordinary and Compelling Reasons” for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A): United States v. Davis Introduction In United States v. Davis (10th Cir. 2025), the Court of...
United States v. Davis: Tenth Circuit Clarifies Post‑2023 Compassionate Release — Current Outbreak Required for COVID-19 Risk; Non‑Retroactive Youthful‑Offender Amendments Are Not “Extraordinary and...