Tenth Circuit Confirms Felon Firearm Bans Remain Constitutional for Supervised Release After Bruen and Rahimi Introduction In United States v. Samuels, the Tenth Circuit affirmed the revocation of...
Tenth Circuit Affirms Upward Variance Based on Child Endangerment and Inadequately Captured Seriousness in § 922(g) Sentencing: United States v. Ransom Introduction In United States v. Ransom, the...
Self‑Expiring Stay Orders Render Appeals Moot: The Tenth Circuit’s Clarification on Advisory Opinions and Mootness Exceptions in Quint v. Vail Resorts Introduction In Quint v. Vail Resorts, No....
Tenth Circuit Clarifies CERCLA Timing: §113(g)(3)’s Three-Year Limitations Period Applies to All Contribution Actions—Triggered by Entry of an Administrative Settlement; Sun Co. Abrogated Case:...
Tenth Circuit Reaffirms Constitutionality of No‑Firearms Supervised‑Release Conditions for Felons After Bruen and Rahimi Introduction In United States v. Samuels, No. 24-6018 (10th Cir. Mar. 27,...
Reaffirming Broad Discretion to Vary Upward: Tenth Circuit Approves Reliance on Guideline-Accounted Facts and Serious Child Endangerment Under § 3553(a) Introduction In United States v. Ransom, No....
Tenth Circuit Clarifies Plea-Stage Discretion: District Courts May Reject Guilty Pleas When Defendant Insists on Duress, and Need Not Test Affirmative Defenses at Rule 11 Colloquy Introduction United...
United States v. Romero: District courts may decline guilty pleas shadowed by duress assertions without adjudicating the defense; Rule 11(b)(3) demands an elemental factual basis, not resolution of...
Gunter v. Oklahoma: Tenth Circuit Reaffirms Strict Appellate Deadlines, Waiver-by-Inadequate-Briefing, and the Limits of Post‑Judgment Motions Case: Gunter v. State of Oklahoma, et al., Nos. 24‑6049,...
Silence as Waiver: Failure to File a Reply Brief Waives Non-Obvious Challenges to an Appellee’s Alternative Ground for Affirmance Case: Garrett v. Wells Fargo Bank, N.A., No. 24-8013 (10th Cir. Mar....
Plain-Error Review Sustains Adult Pornography Bans on Supervised Release When Record Shows Defendant-Specific Ties to Pornography-Facilitated Grooming: United States v. Guinn (10th Cir. 2025)...
Turner Applies to SVPA Detainees’ First Amendment Claims; State Procedures Alone Do Not Create Federal Due Process Rights Introduction In Merryfield v. Fleet, the United States Court of Appeals for...
Tenth Circuit Confirms Turner and Sandin Govern SVPA Detainee Media and Mail Restrictions; Class-of-One Equal Protection Requires Truly Similar Comparators Introduction In Merryfield v. Fleet, No....
Deference Stops at the Line: Tenth Circuit Limits Arbitrators to Precisely Submitted Issues Under a CBA Introduction This commentary examines the Tenth Circuit’s published decision in HollyFrontier...
Record-Based Justification Standard: Tenth Circuit Affirms Adult Pornography Ban on Plain-Error Review and Clarifies Proof of “Sexual Act/Contact” via Child-Euphemism Testimony — United States v....
State COVID-19 Tolling Applies to § 1983: Tenth Circuit Aligns Kansas’s Pandemic Suspension with Federal Accrual Rules and Affirms Time Bar and Eleventh Amendment Immunity Introduction In Pierce v....
No Actual Receipt Required Under Wyo. Stat. § 34-4-103(a)(iv), and Appellate Silence Waives Objections to Alternative Grounds: Garrett v. Wells Fargo Bank (10th Cir. 2025) Introduction Garrett v....
Untimely Rule 59(e) Does Not Toll Appeal Time: Tenth Circuit Dismisses Late Appeals and Affirms Denial of Post‑Judgment Relief in Vanbuskirk v. State of Oklahoma Introduction In Vanbuskirk v. State...
"Brief Concealment" Plus "My Room" Admission Suffice for Constructive Possession; Perjury Enhancement Upheld for Jail-Call Efforts to Shift Blame; § 922(g)(1) Reaffirmed Post‑Rahimi — Commentary on...
Untimely Rule 59(e) Motions Do Not Toll Appeals and Pro Se Litigants Cannot Represent Others: The Tenth Circuit’s Strict Application of Jurisdictional Deadlines in Gunter v. State of Oklahoma...