10th Circuit Case Commentaries

Cabrera v. Bondi: Tenth Circuit Confirms “More Than Incidental” Nexus for Withholding and Reiterates CAT’s Intent Requirement; Timeliness Objection Forfeitable Under Riley

Date: Oct 25, 2025

Cabrera v. Bondi: Tenth Circuit Confirms “More Than Incidental” Nexus for Withholding and Reiterates CAT’s Intent Requirement; Timeliness Objection Forfeitable Under Riley Introduction In Cabrera v....

United States v. Chavez: Tenth Circuit reinforces 14‑day limit for reconsidering § 3582(c)(2) denials and applies a broad “in connection with” firearm bar to § 4C1.1 zero‑point reductions

Date: Oct 25, 2025

United States v. Chavez: Tenth Circuit reinforces 14‑day limit for reconsidering § 3582(c)(2) denials and applies a broad “in connection with” firearm bar to § 4C1.1 zero‑point reductions Court: U.S....

Pad-Change Logs as Substantial Evidence and SSR 96-9p’s Specificity Requirement: Tenth Circuit Affirms RFC Without Extra Restroom or Assistive-Device Accommodations

Date: Oct 25, 2025

Pad-Change Logs as Substantial Evidence and SSR 96-9p’s Specificity Requirement: Tenth Circuit Affirms RFC Without Extra Restroom or Assistive-Device Accommodations Introduction In S.J.B. v....

United States v. Fernandez: No Ineffective Assistance for Failing to Advance a Novel “Lifting-Duration” Search Theory

Date: Oct 25, 2025

United States v. Fernandez: No Ineffective Assistance for Failing to Advance a Novel “Lifting-Duration” Search Theory Introduction This commentary examines the Tenth Circuit’s Order and Judgment in...

Tenth Circuit Reaffirms: Rebutted § 3142(e)(3)(E) Presumption Remains Weighty; Uncharged Conduct and Digital Evidence Can Support Detention in Child‑Exploitation Prosecutions

Date: Oct 25, 2025

Tenth Circuit Reaffirms: Rebutted § 3142(e)(3)(E) Presumption Remains Weighty; Uncharged Conduct and Digital Evidence Can Support Detention in Child‑Exploitation Prosecutions Case: United States v....

Crime Complete at Recruitment: Tenth Circuit Clarifies § 1591 Does Not Require a Completed Commercial Sex Act and Reaffirms Circumstantial Proof of Actual Possession

Date: Oct 24, 2025

Crime Complete at Recruitment: Tenth Circuit Clarifies § 1591 Does Not Require a Completed Commercial Sex Act and Reaffirms Circumstantial Proof of Actual Possession Introduction In United States v....

Implied Covenant Cannot Override “Immediate, For-Any-Reason” Termination Clause; Sovereign Immunity Bars District-Court Retaliation Claims Against IHS Absent a Specific Waiver

Date: Oct 24, 2025

Implied Covenant Cannot Override “Immediate, For-Any-Reason” Termination Clause; Sovereign Immunity Bars District-Court Retaliation Claims Against IHS Absent a Specific Waiver Introduction In...

Exclusive-Control Communications, Not Clean Deeds, Trigger Quiet Title Act Accrual for Implied Easements; ANILCA Access Claims Must Proceed Under the QTA; Takings Declaratory Relief Unripe Without Tucker Act Compensation

Date: Oct 24, 2025

Exclusive-Control Communications, Not Clean Deeds, Trigger Quiet Title Act Accrual for Implied Easements; ANILCA Access Claims Must Proceed Under the QTA; Takings Declaratory Relief Unripe Without...

ADA Title I Requires But-For Causation; USERRA §4311 Does Not Reach Disability-Based Bias: The Tenth Circuit’s Published Clarification in Sellman v. Aviation Training Consulting

Date: Oct 24, 2025

ADA Title I Requires But-For Causation; USERRA §4311 Does Not Reach Disability-Based Bias: The Tenth Circuit’s Published Clarification in Sellman v. Aviation Training Consulting Introduction In a...

Tenth Circuit holds EUA and PREP Act do not create § 1983-enforceable rights; healthcare vaccine mandates survive constitutional attack

Date: Oct 24, 2025

Tenth Circuit holds EUA and PREP Act do not create § 1983-enforceable rights; healthcare vaccine mandates survive constitutional attack Introduction This consolidated appeal from the District of...

EUA “Option to Refuse” Is Not a § 1983 Right: Tenth Circuit Rejects Private Enforcement of EUA, PREP Act, and 10 U.S.C. § 980 in Vaccine-Mandate Suits

Date: Oct 24, 2025

EUA “Option to Refuse” Is Not a § 1983 Right: Tenth Circuit Rejects Private Enforcement of EUA, PREP Act, and 10 U.S.C. § 980 in Vaccine-Mandate Suits Introduction In a published decision, the Tenth...

Post‑Rebuttal Presumption, International Travel Evidence, and Drug‑Trafficking “Danger” under the Bail Reform Act: United States v. Legaretta (10th Cir. 2025)

Date: Oct 24, 2025

Post‑Rebuttal Presumption, International Travel Evidence, and Drug‑Trafficking “Danger” under the Bail Reform Act: United States v. Legaretta (10th Cir. 2025) Court: U.S. Court of Appeals for the...

Tenth Circuit Confirms JSIN-Based Disparity Claims Are Substantive; Upholds Statutory-Maximum Upward Variance Without Explicit § 3553(a)(6) Recitation

Date: Oct 24, 2025

Tenth Circuit Confirms JSIN-Based Disparity Claims Are Substantive; Upholds Statutory-Maximum Upward Variance Without Explicit § 3553(a)(6) Recitation Case: United States v. Rios, No. 24-6251 (10th...

Failure to Challenge Jurisdictional Dismissal in Opening Brief Renders Appeal Frivolous and Warrants a PLRA Strike — Washington v. State of Oklahoma (10th Cir. 2025)

Date: Oct 24, 2025

Failure to Challenge Jurisdictional Dismissal in Opening Brief Renders Appeal Frivolous and Warrants a PLRA Strike — Washington v. State of Oklahoma (10th Cir. 2025) Court: United States Court of...

No Internet Shortcut: Creditor’s Right to Repayment and Escrow Possession Qualify as “Property” Under Wire Fraud; Interstate Proof Required for Online Wires

Date: Oct 23, 2025

No Internet Shortcut: Creditor’s Right to Repayment and Escrow Possession Qualify as “Property” Under Wire Fraud; Interstate Proof Required for Online Wires Introduction In United States v. Baker,...

Tenth Circuit Clarifies Wire Fraud “Property”: Creditor’s Collection Right and Escrow Possession Qualify; Internet Use Alone Does Not Satisfy Interstate Element; Grand Jury May Initiate §401 Contempt

Date: Oct 23, 2025

Tenth Circuit Clarifies Wire Fraud “Property”: Creditor’s Collection Right and Escrow Possession Qualify; Internet Use Alone Does Not Satisfy Interstate Element; Grand Jury May Initiate §401 Contempt...

Progressive, Standard-of-Care Treatment Defeats Eighth Amendment Deliberate Indifference; No Monell Liability Without a Predicate Violation

Date: Oct 22, 2025

Progressive, Standard-of-Care Treatment Defeats Eighth Amendment Deliberate Indifference; No Monell Liability Without a Predicate Violation Introduction In Potter v. Johnson, No. 25-8033 (10th Cir....

Creditor’s Right to Repayment and Escrow Possession Are “Property” Under the Wire-Fraud Statute; Internet Use Alone Is Not Interstate: United States v. Baker (10th Cir. 2025)

Date: Oct 22, 2025

Creditor’s Right to Repayment and Escrow Possession Are “Property” Under the Wire-Fraud Statute; Internet Use Alone Is Not Interstate: United States v. Baker (10th Cir. 2025) Introduction In a...

Actual Authority, Not Apparent Team Membership: Tenth Circuit Denies COA Where State Proffer Terms Did Not Bind Federal Prosecutors and Rule 410 Was Waived

Date: Oct 22, 2025

Actual Authority, Not Apparent Team Membership: Tenth Circuit Denies COA Where State Proffer Terms Did Not Bind Federal Prosecutors and Rule 410 Was Waived Introduction In United States v. Brown, No....

Rule 60(b) Appeals Stand Alone: Timeliness, Scope, and Frivolousness in Sullivan v. Graham (10th Cir. 2025)

Date: Oct 22, 2025

Rule 60(b) Appeals Stand Alone: Timeliness, Scope, and Frivolousness in Sullivan v. Graham Introduction In Sullivan v. Graham, Nos. 24-3113 & 24-3114 (10th Cir. Oct. 17, 2025), a panel of the U.S....

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