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Beyond “Regurgitation”: Sixth Circuit Clarifies Admissibility of Government-Informant Statements Under Rule 801(d)(2)(D) While Affirming Whitmer Kidnapping-Plot Convictions Introduction In United...
No Token Weekly Guarantees: Sixth Circuit Holds “Weekly Basis” Requires Pay for a Full Week’s Work Under the FLSA Salary Test Introduction In Lynwood Pickens v. Hamilton-Ryker IT Solutions, LLC, the...
Time-of-Offense Controls ACCA “Serious Drug Offense” Status: Sixth Circuit Applies Brown v. United States in United States v. Wilkes Introduction In United States v. Idris Quintell Wilkes (No....
Clarifying Rule 801(d)(2)(D): Informant Statements Are Government Admissions When Made in Furtherance of Investigative Goals — United States v. Fox (6th Cir. 2025) Introduction In United States v....
Indirect Derivation and No-Loss Requirement Under USSG §2B1.1(b)(17)(A): Sixth Circuit Clarifies “Gross Receipts from a Financial Institution” in United States v. Ross Court: U.S. Court of Appeals...
No SSR 96-8p Explanation Required When the RFC Reasonably Harmonizes a Treating Physician’s Cane-and-Balance Opinion Arthur Wilds v. Commissioner of Social Security, No. 24-5504 (6th Cir. Mar. 31,...
Sixth Circuit Confirms No Jurisdiction to Review BIA’s Discretionary Denial of Sua Sponte Reopening Absent Legal Error Case: Mahesh Amrutbhai Patel v. Pamela Bondi Court: United States Court of...
Bright-Line 75% Safe Harbor Confirmed; Proof of Original Taxability Required: The Sixth Circuit’s Framework for § 4052(f) Introduction In Fitzgerald Truck Parts & Sales, LLC v. United States (6th...
No Pre‑Enforcement Challenge to § 922(g)(1) on Direct Appeal of a Different Conviction; Plain‑Error Barrier to Bruen Attacks on § 5861(d) Introduction In United States v. Drew Miller, No. 24-3254...
Post–Loper Bright and Wilkinson, the Sixth Circuit Reaffirms Monreal-Aguinaga and Treats “Exceptional and Extremely Unusual Hardship” as a Deferential Mixed Question: Commentary on Ceniceros v. Bondi...
Coded Language and Interlocking Contacts Suffice to Prove Knowing Participation Beyond a Buyer–Seller Relationship in Drug Conspiracies Case: United States v. Damarquecio Tate, No. 24-5687 (6th Cir....
Proximity Is Not Enough: Sixth Circuit Requires Clear Predicate Felony and Nexus to Apply §2K2.1(b)(6)(B) Enhancement Case: United States v. Guanterio Logan, No. 24-3264 (6th Cir. Mar. 31, 2025) (not...
Paper Hearings Suffice: Sixth Circuit Confirms FCA § 3730(c)(2)(A) “Hearing” May Be Satisfied by Written Submissions and Reaffirms Broad DOJ Discretion to Intervene and Dismiss Introduction In U.S....
Statutory Surplus Claim Procedures Preclude Fifth Amendment Takings Claims in Tax Foreclosure Introduction Faytima Howard v. Macomb County, Mich. arises from a dispute over the disposition of surplus...
No Individual-Capacity Damages Under RLUIPA After Tanzin: Sixth Circuit Reaffirms Spending Clause Clear-Statement Rule and Clarifies Redressability for Prison Diet Claims Introduction This published...
Timeliness Alone Does Not Compel Substitution: Sixth Circuit Clarifies Adequate Inquiry and “Total Breakdown” Standard for Denying New Counsel at Sentencing Introduction In United States v. Joshua...
Completion of a Short Revocation Sentence Without Ongoing Supervision Renders Sentencing Appeal Moot Absent Concrete Collateral Consequences Case: United States v. Michael Avant, No. 24-4007 (6th...
No Inference from Fifth Amendment Invocation: Sixth Circuit Narrows Proffer-Waiver “Inconsistency” and Reverses Conviction in United States v. Grogan Introduction In United States v. Grogan, No....
Clarifying ADA Coverage: Temporary, Minor Illnesses and Reasonable Accommodation Obligations Introduction Paul Cook v. Warren Screw Products, Inc. is a Sixth Circuit decision issued on March 27,...