Tenth Circuit: Minimal § 3553(a) Explanation Suffices to Deny a § 3582(c)(2) Reduction When Record and Context Supply a Reasoned Basis I. Introduction United States v. Solis-Rodriguez (consolidated...
Minimal Explanation Required to Deny § 3582(c)(2) Relief When Record and Context Show § 3553(a) Consideration 1. Introduction In United States v. Solis-Rodriguez (consolidated with United States v....
Unobjected-to PSR Allegations as Sentencing Facts and “Heartland” Limits Confined to Guideline Departures 1. Introduction In United States v. Vazquez-Garcia (10th Cir. Mar. 12, 2025), the Tenth...
Reinstated Removal Orders Are Not Reopenable: § 1231(a)(5) as an Absolute Bar to BIA Review 1. Introduction In Dominguez-Gutierrez v. Garland (captioned in the order as Enrique Dominguez v. Pamela J....
Post-Expiration State Collateral Motions Do Not Toll AEDPA: COA Denied Absent Debatable Timeliness, Diligence, or New Actual-Innocence Evidence 1. Introduction Case: Medina v. Hansen, No. 24-1353...
Unobjected PSR Facts and Reliable Hearsay Permit Major Upward Variances (Including to the Statutory Maximum) in § 922(g) Sentencing Case: United States v. Lucero (No. 23-2190) | Court: U.S. Court of...
Singh v. Bondi: “Unable-or-Unwilling” May Be Analyzed Holistically; Nonreporting Requires Proof Reporting Would Be Futile or Dangerous I. Introduction In Singh v. Bondi (10th Cir. Mar. 11, 2025), the...
Procedural Sentencing Challenges Require Timely Objections; Corroborated Hearsay and Uncontested PSR Facts May Support § 2K2.1(b)(6) Enhancements and Major Upward Variances I. Introduction In United...
Late-Filed State Postconviction Motions Do Not Toll AEDPA: COA Denied Where Time-Bar Is Plain 1. Introduction In Medina v. Hansen (10th Cir. Mar. 11, 2025), the Tenth Circuit denied Delano Medina—a...
Reinstatement Under 8 U.S.C. § 1231(a)(5) Forecloses BIA Reopening and Reinforces Strict Time-and-Number Limits on Motions to Reopen I. Introduction In Dominguez-Gutierrez v. Garland (captioned in...
Singh v. Bondi: The Tenth Circuit Reaffirms a Unified “Unable-or-Unwilling” Analysis and the Centrality of Reporting (or Proving Futility/Danger) in Private-Persecution Asylum Claims 1. Introduction...
Qualified Immunity and Clearly Established Law in Fourth Amendment Cases: A Tenth Circuit Ruling Introduction The case of Thomas E. Nidiffer; Laurie-Lynn Francese, Plaintiffs – Appellants, v. David...
Standing Traceability Is Plausibly Alleged When an Operating-Agreement Amendment Replaces Fair-Market-Value Redemption with Board-Set Book Value Introduction Whale Family Investments, LP and Ranslem...
United States v. Gulley: Unlawful Post-Expiration Supervision Cannot Supply “Reasonably Necessary” Delay Under § 3583(i), a Jurisdictional Limit 1. Introduction In United States v. Gulley (10th Cir....
Government Threats of Frivolous Civil Litigation as Clearly Established First Amendment Retaliation I. Introduction Tachias v. Sanders (10th Cir. Mar. 10, 2025) arises from a conflict between...
Municipal Employment Contracts: Post-Execution Board Knowledge Cannot Create Apparent Authority, and Nonratified Mayor-Signed Contracts Create No Due Process Property Interest Case: Gresham v. Town...
Anders Dismissal Where Reserved Claims (IAC/Prosecutorial Misconduct) Lack Record Support and Are Not Properly Developed on Direct Appeal Introduction In United States v. Quinn (10th Cir. Mar. 10,...
Post-Execution Knowledge Cannot Create a Mayor’s Apparent Authority to Bind an Oklahoma Statutory Town Case: Gresham v. Town of Depew, Oklahoma (No. 24-5021) Court: United States Court of Appeals for...
18 U.S.C. § 3583(i) Is Jurisdictional: Post-Expiration Revocation Fails When Delay Is Justified by an Unlawful Extension of Supervision 1. Introduction United States v. Gulley (10th Cir. Mar. 10,...
Consent-to-Extraction Extends to Seizure: A Surgically Removed Bullet May Be Used as Evidence When the Patient Requested Aid and Disclaimed Any Interest I. Introduction Case: United States v. Gaye...