Lack of Change in Law as Basis for Denial of Compassionate Release: A Precedent Affirmation Introduction The case of United States of America, Plaintiff - Appellee, v. Angel Guzman-Aviles,...
Affirmation of Valid Consent and Upheld Felon-in-Possession Statute: A New Benchmark in Fourth and Second Amendment Analyses Introduction The present Judgment, rendered by the United States Court of...
Qualified Immunity Reaffirmed: Balancing Immediate Threats and Officer Decision-Making in Use-of-Force Cases Introduction This commentary examines the United States Court of Appeals, Tenth Circuit’s...
Affirming Hospital Compliance under EMTALA: Evaluating Institutional Capabilities and Standard Screening Procedures Introduction In the recent case of Ricky Koel v. Citizens Medical Center, Inc. et...
Judicial Affirmation of Discretionary Sentencing under 18 U.S.C. § 3553(a) Introduction In the case of United States of America v. Ted Joseph Valdez, the United States Court of Appeals, Tenth...
Downward-Variant Sentencing in Supervised Release Violations: Balancing Judicial Discretion with Public Safety and Defendant Welfare Introduction This commentary examines the United States Court of...
Judicial Affirmation of Knowledge-of-Falsity Exclusions in Insurance Coverage Disputes Introduction This commentary examines the recent decision of the United States Court of Appeals, Tenth Circuit,...
Underage Drinking Conviction Recognized as Comparable to a Juvenile Status Offense: A Common Sense Approach in Criminal History Scoring Introduction In the case of UNITED STATES OF AMERICA v. COTI...
Clarifying the Boundaries of Ineffective Assistance Claims in §924(c) Aiding and Abetting Cases Introduction The case of United States of America v. Dustin Alan Wall centers on the defendant’s...
Jurisdiction and Guidelines Recalibration Under §3582(c)(2): The Impact of Amendment 821 in United States v. Hunt Introduction The case of United States v. Stephen Vincent Hunt represents a...
Establishing Imperfect Defense of Another as a Mitigating Factor in Homicide Cases Introduction In the recent case of UNITED STATES OF AMERICA, Plaintiff-Appellee, v. WILLIAM CLAYTON BROWN,...
Broadening the Scope of “Persons Responsible” in Interstate Livestock Transport: A New Precedent under AHPA Regulations Introduction In the recent decision of the United States Court of Appeals for...
Establishing Specific Intent to Kill as a Prerequisite for Sentencing Under U.S.S.G. § 2A2.1 Introduction The case of UNITED STATES OF AMERICA v. JIMMY LEE BROOKS, decided by the United States Court...
Qualified Immunity Redefined: Establishing Clear Limits on Deadly Force in Non-Aggressive Knife Cases Introduction The United States Court of Appeals for the Tenth Circuit rendered an important...
Navigating the False-Name Exception: Tenth Circuit’s Approach to Consumer Perceptions under the FDCPA Introduction This commentary examines the recent judgment in the case of WARREN HEIDELBERGER v....
Market Valuation Evidence in Sentencing Enhancements: Affirming the Use of the Kelley Blue Book Report Introduction The case, UNITED STATES OF AMERICA v. Kong Meng Lor, presents a critical...
Clarifying the Taxability of Employee Wages: The MacCubbin Precedent Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit’s decision in the case of Ryan...
Exhaustion of State Remedies as a Prerequisite for Rule 60(b) Relief: Establishing Procedural Boundaries in Post-Conviction Appeals Introduction The Judgment in Levi McRae Luginbyhl v. Steven Harpe,...
Clarifying Defendant’s Knowledge of Victim Incapacity under 18 U.S.C. § 2242(2)(A) I. Introduction This commentary addresses the recent decision in UNITED STATES OF AMERICA v. DAVID LEROY EARLS,...
Emphasizing Consistency in Evaluating Medical Evidence for SSI Disability Claims Introduction The case of Lori Ann Fager v. Commissioner, SSA, decided by the United States Court of Appeals for the...