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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

Reaffirming Constructive Possession and Clarifying Juror Misconduct: The Sixth Circuit’s Affirmance in United States v. Johnson

Reaffirming Constructive Possession and Clarifying Juror Misconduct: The Sixth Circuit’s Affirmance in United States v. Johnson

Date: Mar 11, 2025
Reaffirming Constructive Possession and Clarifying Juror Misconduct: The Sixth Circuit’s Affirmance in United States v. Johnson Introduction In the case of United States of America v. Fredrick...
Reinforcing Hostile Work Environment Standards: Recognizing Implicit Racial Harassment and Coworker Retaliation

Reinforcing Hostile Work Environment Standards: Recognizing Implicit Racial Harassment and Coworker Retaliation

Date: Mar 11, 2025
Reinforcing Hostile Work Environment Standards: Recognizing Implicit Racial Harassment and Coworker Retaliation Introduction The case of Jason Jones v. Fluor Facility & Plant Services presents a...
Eligibility for Zero-Point Offender Sentence Reduction: Clarifying the Incompatibility with Aggravating Role Adjustments

Eligibility for Zero-Point Offender Sentence Reduction: Clarifying the Incompatibility with Aggravating Role Adjustments

Date: Mar 11, 2025
Eligibility for Zero-Point Offender Sentence Reduction: Clarifying the Incompatibility with Aggravating Role Adjustments Introduction The case of United States of America v. Shahid Tahir addressed a...
Regulatory Takings and Routine Administrative Delays: Affirming That Normal Permitting Processes Do Not Constitute a Taking

Regulatory Takings and Routine Administrative Delays: Affirming That Normal Permitting Processes Do Not Constitute a Taking

Date: Mar 11, 2025
Regulatory Takings and Routine Administrative Delays: Affirming That Normal Permitting Processes Do Not Constitute a Taking Introduction The case of Richmond Road Partners, LLC; Step Forward v. City...
Affirming the Weight of Specialized CT Scan Evidence in Black Lung Claims

Affirming the Weight of Specialized CT Scan Evidence in Black Lung Claims

Date: Mar 11, 2025
Affirming the Weight of Specialized CT Scan Evidence in Black Lung Claims Introduction The case of Island Creek Coal Company v. Director, Office of Workers' Compensation Programs represents a pivotal...
New Precedent: Defining "Relevant Conduct" in Sentencing Enhancements for Drug Conspiracy Cases

New Precedent: Defining "Relevant Conduct" in Sentencing Enhancements for Drug Conspiracy Cases

Date: Mar 11, 2025
New Precedent: Defining "Relevant Conduct" in Sentencing Enhancements for Drug Conspiracy Cases Introduction This commentary examines the United States Court of Appeals, Sixth Circuit’s decision in...
Establishing De Facto Control in Drug-House Enhancement Sentencing

Establishing De Facto Control in Drug-House Enhancement Sentencing

Date: Mar 11, 2025
Establishing De Facto Control in Drug-House Enhancement Sentencing Introduction The case of United States of America v. Jamil Barker presents a significant development in the application of...
Clarifying Sentencing Standards and the Per Count Assessment Mandate in Child Sexual Exploitation Cases

Clarifying Sentencing Standards and the Per Count Assessment Mandate in Child Sexual Exploitation Cases

Date: Mar 6, 2025
Clarifying Sentencing Standards and the Per Count Assessment Mandate in Child Sexual Exploitation Cases Introduction In the case of United States v. Ian Jason Lipsky, the United States Court of...
Defining Aggravated Felony: The Categorical Analysis of Arson and Aiding-and-Abetting under the INA

Defining Aggravated Felony: The Categorical Analysis of Arson and Aiding-and-Abetting under the INA

Date: Mar 6, 2025
Defining Aggravated Felony: The Categorical Analysis of Arson and Aiding-and-Abetting under the INA Introduction In the case of Shenisa Mohammed v. Pamela Bondi, Attorney General, the United States...
Establishing Probable Cause Through Controlled Buys and Limited Cross-Examination: The Sims Decision

Establishing Probable Cause Through Controlled Buys and Limited Cross-Examination: The Sims Decision

Date: Mar 6, 2025
Establishing Probable Cause Through Controlled Buys and Limited Cross-Examination: The Sims Decision Introduction The case of United States of America v. William Sims represents a pivotal decision by...
Reaffirming the Validity of Appellate Waivers in Plea Agreements: A Landmark Sixth Circuit Decision

Reaffirming the Validity of Appellate Waivers in Plea Agreements: A Landmark Sixth Circuit Decision

Date: Mar 6, 2025
Reaffirming the Validity of Appellate Waivers in Plea Agreements: A Landmark Sixth Circuit Decision Introduction The case of UNITED STATES OF AMERICA v. JOSHUA JOHNSON presents a significant...
Judicial Factfinding Without a Conviction: New Precedents in Sentencing Enhancements

Judicial Factfinding Without a Conviction: New Precedents in Sentencing Enhancements

Date: Mar 6, 2025
Judicial Factfinding Without a Conviction: New Precedents in Sentencing Enhancements Introduction The case of United States of America v. Rene Ramirez Gomez, heard by the United States Court of...
Jury Determination for "Different Occasions" in ACCA Cases: Redefining the Judge–Jury Balance

Jury Determination for "Different Occasions" in ACCA Cases: Redefining the Judge–Jury Balance

Date: Mar 6, 2025
Jury Determination for "Different Occasions" in ACCA Cases: Redefining the Judge–Jury Balance Introduction The recent decision in United States v. Calvin Cogdill, decided by the United States Court...
Dual Threshold Requirement for Zero-Point Offender Sentence Reduction: Clarifying the Aggravating Role and Continuing Criminal Enterprise Criteria

Dual Threshold Requirement for Zero-Point Offender Sentence Reduction: Clarifying the Aggravating Role and Continuing Criminal Enterprise Criteria

Date: Mar 6, 2025
Dual Threshold Requirement for Zero-Point Offender Sentence Reduction: Clarifying the Aggravating Role and Continuing Criminal Enterprise Criteria Introduction In the case of United States of America...
Revisiting Tracing in Money Laundering: Clarifying the Application of 18 U.S.C. § 1957

Revisiting Tracing in Money Laundering: Clarifying the Application of 18 U.S.C. § 1957

Date: Mar 6, 2025
Revisiting Tracing in Money Laundering: Clarifying the Application of 18 U.S.C. § 1957 Introduction The judgment in UNITED STATES OF AMERICA v. RAYMOND A. ERKER, decided by the United States Court of...
Plausibility Threshold and Notice Adequacy in Public Nuisance Abatement: A New Standard for Constitutional Claims

Plausibility Threshold and Notice Adequacy in Public Nuisance Abatement: A New Standard for Constitutional Claims

Date: Mar 6, 2025
Plausibility Threshold and Notice Adequacy in Public Nuisance Abatement: A New Standard for Constitutional Claims Introduction The case of AL GAMMARINO, individually and as Trustee; CATHY GAMMARINO;...
Affirmation of Probable Cause in Traffic Stops: The United States v. Hunter Precedent

Affirmation of Probable Cause in Traffic Stops: The United States v. Hunter Precedent

Date: Mar 4, 2025
Affirmation of Probable Cause in Traffic Stops: The United States v. Hunter Precedent Introduction The case of UNITED STATES OF AMERICA v. REGINALD L. HUNTER represents a significant ruling from the...
Defining Causation in Vehicle Repair Claims: The K&M Knights Express Precedent

Defining Causation in Vehicle Repair Claims: The K&M Knights Express Precedent

Date: Mar 2, 2025
Defining Causation in Vehicle Repair Claims: The K&M Knights Express Precedent Introduction The case of K&M Knights Express, Inc. v. Hullett's Service Center, LLC presents a detailed dispute...
Expanding Sentencing Discretion: Incorporating Unscored Criminal Conduct in § 3553(a) Sentencing Decisions

Expanding Sentencing Discretion: Incorporating Unscored Criminal Conduct in § 3553(a) Sentencing Decisions

Date: Mar 2, 2025
Expanding Sentencing Discretion: Incorporating Unscored Criminal Conduct in § 3553(a) Sentencing Decisions Introduction The case of United States of America v. Timothy D. Morman presents a critical...
Redefining Qualified Immunity in Denial-of-Medical-Care Claims: Judicial Balancing of Scene Management and Suspect Rights

Redefining Qualified Immunity in Denial-of-Medical-Care Claims: Judicial Balancing of Scene Management and Suspect Rights

Date: Mar 2, 2025
Redefining Qualified Immunity in Denial-of-Medical-Care Claims: Judicial Balancing of Scene Management and Suspect Rights Introduction The United States Court of Appeals for the Sixth Circuit...
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