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  • Commentaries
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6th Circuit Case Commentaries

Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases

Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases

Date: Nov 7, 2025
Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases Introduction In Melvin R. Hill v. United States, No. 23-3665 (6th Cir. Nov. 4, 2025)...
Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims

Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims

Date: Nov 7, 2025
Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims Introduction In Michael Edward Tindall v. Samuel...
Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a)

Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a)

Date: Nov 7, 2025
Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a) Introduction In United States v. Gerald...
Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass)

Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass)

Date: Nov 7, 2025
Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass) Introduction In United...
“Contents” Means “Any Property”: Sixth Circuit Holds Michigan’s Pre‑2013 Arson of a Dwelling or Its Contents Is Generic Arson and a “Crime of Violence” Under U.S.S.G. § 4B1.2

“Contents” Means “Any Property”: Sixth Circuit Holds Michigan’s Pre‑2013 Arson of a Dwelling or Its Contents Is Generic Arson and a “Crime of Violence” Under U.S.S.G. § 4B1.2

Date: Nov 7, 2025
“Contents” Means “Any Property”: Sixth Circuit Holds Michigan’s Pre‑2013 Arson of a Dwelling or Its Contents Is Generic Arson and a “Crime of Violence” Under U.S.S.G. § 4B1.2 Case: United States v....
No § 3E1.1 Reduction for Post‑Sentencing Remorse After Trial: Sixth Circuit Clarifies Acceptance‑of‑Responsibility Is Timely and Process‑Focused; Rehabilitation Belongs Under § 3553(a)

No § 3E1.1 Reduction for Post‑Sentencing Remorse After Trial: Sixth Circuit Clarifies Acceptance‑of‑Responsibility Is Timely and Process‑Focused; Rehabilitation Belongs Under § 3553(a)

Date: Nov 7, 2025
No § 3E1.1 Reduction for Post‑Sentencing Remorse After Trial: Sixth Circuit Clarifies Acceptance‑of‑Responsibility Is Timely and Process‑Focused; Rehabilitation Belongs Under § 3553(a) Introduction...
Unadopted CPSC Proposals and “Sight‑Unseen” Expert Opinions Are Out: Sixth Circuit Affirms Robust Rule 403/702 Gatekeeping and Harmless Rule 26 Violation in a Modified-ROV Products Trial

Unadopted CPSC Proposals and “Sight‑Unseen” Expert Opinions Are Out: Sixth Circuit Affirms Robust Rule 403/702 Gatekeeping and Harmless Rule 26 Violation in a Modified-ROV Products Trial

Date: Nov 7, 2025
Unadopted CPSC Proposals and “Sight‑Unseen” Expert Opinions Are Out: Sixth Circuit Affirms Robust Rule 403/702 Gatekeeping and Harmless Rule 26 Violation in a Modified-ROV Products Trial Case:...
Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan

Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan

Date: Nov 5, 2025
Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan Case: United...
Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist

Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist

Date: Nov 5, 2025
Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist Introduction In United States v. Stephen...
In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon

In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon

Date: Nov 2, 2025
In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon Introduction This Sixth...
“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite Essential Functions Exist

“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite Essential Functions Exist

Date: Nov 2, 2025
“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite...
Translation Services Qualify as “Material Support” Under 18 U.S.C. § 2339B: The Sixth Circuit’s Published Holding in United States v. Carpenter

Translation Services Qualify as “Material Support” Under 18 U.S.C. § 2339B: The Sixth Circuit’s Published Holding in United States v. Carpenter

Date: Nov 2, 2025
Translation Services Qualify as “Material Support” Under 18 U.S.C. § 2339B: The Sixth Circuit’s Published Holding in United States v. Carpenter Court: U.S. Court of Appeals for the Sixth Circuit...
Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses

Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses

Date: Nov 1, 2025
Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses Introduction This commentary examines the Sixth Circuit’s...
Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice

Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice

Date: Nov 1, 2025
Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice Introduction...
Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential: Sixth Circuit Affirms Summary Judgment in Moore v. Next Generation Hospitality

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential: Sixth Circuit Affirms Summary Judgment in Moore v. Next Generation Hospitality

Date: Nov 1, 2025
Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential Commentary on Demond Alex Moore v. Next Generation Hospitality LLC, No. 24-4050 (6th Cir....
Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4

Date: Nov 1, 2025
Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4 Introduction This Sixth Circuit...
Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications

Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications

Date: Nov 1, 2025
Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications Introduction In United...
Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025)

Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025)

Date: Nov 1, 2025
Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025) Court: U.S. Court of Appeals for the Sixth...
Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease: Commentary on United States v. Korey Moody (6th Cir. Oct. 29, 2025)

Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease: Commentary on United States v. Korey Moody (6th Cir. Oct. 29, 2025)

Date: Nov 1, 2025
Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease Commentary on United States v. Korey Moody, No. 24-4095 (6th Cir. Oct. 29, 2025) (Not...
Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief

Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief

Date: Oct 30, 2025
Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief Case:...
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