Upward Variances in § 922(g) Sentencing May Rest on Juvenile History, Dual Supervision Status, and Institutional Misconduct Beyond the Guidelines 1. Introduction In United States v. Brian Preston...
Blanket Bans on Contacting Congress During Supervised Release Must Be Narrowly Tailored, But Overbreadth Is Not “Plain” Without On-Point Precedent I. Introduction In United States v. Garry Lebron...
Vacatur-and-Amended-Judgment Rule: A First § 2255 Challenge to the Intervening Judgment Is Not “Second or Successive,” Even After a Mere Sentence Correction I. Introduction In In re: Abraham A....
Qualified Immunity in Close-Call Malicious Prosecution Cases: Clearly Established Law Must Make the Lack of Probable Cause Obvious in Context I. Introduction In Kenneth Wadkins v. Kristyn Klingshirn...
Sixth Circuit Reaffirms U.S.S.G. § 2G2.2’s “75:1” Video-to-Image Rule After Loper Bright and Upholds Comparative Sentencing Remarks Under § 3553(a) I. Introduction In United States v. Chance York...
Sixth Circuit Precedent: § 2423(b) “Travel With Intent” Requires Intent to Engage in § 2243(a) Under-16 Sex Acts (Not Merely Under-18) When § 2243(a) Is the Chapter 109A Predicate I. Introduction...
Sixth Circuit Endorses Upward Revocation Variances for Repeated DUI Breaches and Permits Consideration of State-Sentence Deterrence and Video/Report Injury Proof I. Introduction In United States v....
Federal Illegality Bars Enforcement of State-Legal Marijuana Supply Contracts in Federal Court (RFA and Rescheduling Do Not Cure) Case: Hello Farms Licensing MI, LLC v. GR Vending MI, LLC (with CURA...
PLRA Exhaustion at Summary Judgment: Defendants Must Prove When the Grievance Clock Starts When Notice of Finality Is Disputed Case: Danyale Tubbs v. Sherry Payton (6th Cir. Sept. 10, 2026)...
VICAR Enterprise Proof Through “Intrinsic” Gang Drug-Trafficking Evidence; Predicate Acquittal Does Not Undo a § 924(c) Firearm Conviction I. Introduction United States v. Markell Young (with...
Qualified-Immunity Forfeiture by Non-Briefing and “Moving Force” Causation Limits on Single-Decision County Liability 1. Introduction Talitha Gail Woody v. Chris Allen Buckner arises from a January...
VICAR Gang-Murder Prosecutions: Intrinsic Drug-Trafficking Proof, Rule 29 Renewal Waiver, and Unreviewable Inconsistent Predicate/Compound Verdicts Introduction In United States v. Jordan Powell...
Fabrication, Malicious Prosecution, and Brady Claims Fail Where Probable Cause Exists and “Suppressed” Facts Were Disclosed or Nonexistent I. Introduction In Kevin Lackey v. L.T. Hurley (6th Cir....
Amended Complaint Controls Federal-Officer Removal: Express Disclaimers Eliminating Federal-Contractor Theories Require Remand 1. Introduction Linda Horton, individually and as executrix of the...
Kentucky “Professional Services” Exclusion: Focus on the Act, Not Licensure—Regulated Behavioral Restraints Are Professional Services for Indemnity Case: Scottsdale Ins. Co. v. Seven Cntys. Servs.,...
Act-Based “Professional Services” in Kentucky Insurance Law: Behavioral-Health Restraints (ESI) Trigger CGL Professional-Services Exclusion 1. Introduction Scottsdale Ins. Co. v. Seven Cntys. Servs.,...
Prior Drug-and-Gun Traffic Stops as Intrinsic Proof of a VICAR Enterprise’s Racketeering and Interstate-Commerce Nexus Case: United States v. Octavius Ferguson (consolidated appeals involving...
Farmer’s Subjective Deliberate-Indifference Standard Governs Fourteenth Amendment Conditions-of-Confinement Claims (Sixth Circuit En Banc) Case: Luther Poynter v. Aaron Shirley (successor substituted...
Leadership-Role Enhancement Based on a Knowingly Assisting Partner and Related Prior Deliveries; Downward-Departure Denials Remain Unreviewable Absent Clear Misunderstanding 1. Introduction In United...
Rule 35(b) Substantial-Assistance Reductions Keep § 3582(c)(2) Eligibility in Play and Trigger § 1B1.10(c)’s Mandatory-Minimum Disregard When a Retroactive Amendment Lowers the Range I. Introduction...