6th Circuit Case Commentaries

Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population-Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025)

Date: Oct 25, 2025

Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population‑Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025) Court: U.S....

Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement

Date: Oct 25, 2025

Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement Introduction In United States v. Byron Metcalf-Burroughs (No. 24-1944, 6th Cir. Oct. 22, 2025)...

Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit

Date: Oct 25, 2025

Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit Introduction In United States v. Lawrence Edward Slaughter, II (6th Cir. Oct. 22,...

Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges

Date: Oct 25, 2025

Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges Case: United States v. William Lee Suggs, IV, No....

Sixth Circuit Forecloses Merits-Panel Expansion of COAs and Distinguishes Katz and Jones as Separate, Exhaustion-Required Fourth Amendment Theories

Date: Oct 24, 2025

Sixth Circuit Forecloses Merits-Panel Expansion of COAs and Distinguishes Katz and Jones as Separate, Exhaustion-Required Fourth Amendment Theories Introduction In a published decision with...

Clarifying Securities Pleading: Judicial Notice of Third‑Party Public Statements and Form 4s Permitted; Puffery/Forward‑Looking Optimism Not Actionable Absent Specific Contrary Facts

Date: Oct 24, 2025

Clarifying Securities Pleading: Judicial Notice of Third‑Party Public Statements and Form 4s Permitted; Puffery/Forward‑Looking Optimism Not Actionable Absent Specific Contrary Facts Case: Bandol Lim...

Pleading Matters in Title VII/ELCRA: Sixth Circuit Rejects Conclusory Race and Retaliation Claims; Protected Activity Requires a Race-Based Complaint and Leave to Amend Must Be Properly Sought

Date: Oct 24, 2025

Pleading Matters in Title VII/ELCRA: Sixth Circuit Rejects Conclusory Race and Retaliation Claims; Protected Activity Requires a Race-Based Complaint and Leave to Amend Must Be Properly Sought...

Integrated Commission Agreements Foreclose Unjust Enrichment for Related Revenue Streams at the Pleading Stage: Mosser v. Cramer‑Krasselt (6th Cir. 2025)

Date: Oct 24, 2025

Integrated Commission Agreements Foreclose Unjust Enrichment for Related Revenue Streams at the Pleading Stage Mosser v. Cramer‑Krasselt Co. (6th Cir. Oct. 21, 2025) Introduction In this unpublished...

Post-Esteras Clarification: Consecutive Revocation Terms May Rest on Breach of Trust; Appeal Waiver in Rule 11(c)(1)(C) Plea Forecloses Reasonableness Attack on a Within-Range Sentence

Date: Oct 24, 2025

Post-Esteras Clarification: Consecutive Revocation Terms May Rest on Breach of Trust; Appeal Waiver in Rule 11(c)(1)(C) Plea Forecloses Reasonableness Attack on a Within-Range Sentence Introduction...

Breach of Trust, Not Retribution: Sixth Circuit Affirms Consecutive Max Revocation Terms and Enforces Range-Based Appeal Waivers Post-Esteras

Date: Oct 24, 2025

Breach of Trust, Not Retribution: Sixth Circuit Affirms Consecutive Max Revocation Terms and Enforces Range-Based Appeal Waivers Post-Esteras Introduction In United States v. Charles Henry Milton,...

United States v. Webster: Sixth Circuit Reaffirms a Stronger Presumption of Substantive Reasonableness for Below‑Guidelines Sentences and Treats Remote-Control Manipulation as “Hands‑On” Abuse for § 3553(a)

Date: Oct 24, 2025

United States v. Webster: Sixth Circuit Reaffirms a Stronger Presumption of Substantive Reasonableness for Below‑Guidelines Sentences and Treats Remote-Control Manipulation as “Hands‑On” Abuse for §...

Exigent Circumstances Permit Warrantless Real‑Time CSLI During Ongoing Bomb Threats; Overinclusive Rule 404(b) Instruction Not Plain Error — United States v. Mubarak (6th Cir. 2025)

Date: Oct 24, 2025

Exigent Circumstances Permit Warrantless Real‑Time CSLI During Ongoing Bomb Threats; Overinclusive Rule 404(b) Instruction Not Plain Error — United States v. Mubarak (6th Cir. 2025) Court: United...

No Probable Cause by Association: Sixth Circuit Limits Early Qualified Immunity Dismissals and Rejects Extra‑Record Evidence at Rule 12

Date: Oct 22, 2025

No Probable Cause by Association: Sixth Circuit Limits Early Qualified Immunity Dismissals and Rejects Extra‑Record Evidence at Rule 12 Case: Andrew Evans v. Mark Gordon, et al. (Nos. 24-2066/2094,...

Sixth Circuit Reaffirms: No Pleading-Stage Qualified Immunity When Complaint Plausibly Alleges Arrest Without Probable Cause; 12(b)(6) Cannot Be Converted into Summary Judgment

Date: Oct 22, 2025

Sixth Circuit Reaffirms: No Pleading-Stage Qualified Immunity When Complaint Plausibly Alleges Arrest Without Probable Cause; 12(b)(6) Cannot Be Converted into Summary Judgment Introduction In Andrew...

Cumulative Inconsistencies Sustain Adverse Credibility; General Country Reports Alone Cannot Support CAT Relief: The Sixth Circuit’s Unpublished Decision in Md. Sundor Ali v. Bondi

Date: Oct 22, 2025

Cumulative Inconsistencies Sustain Adverse Credibility; General Country Reports Alone Cannot Support CAT Relief Introduction In Md. Sundor Ali v. Bondi, No. 24-3867 (6th Cir. Oct. 20, 2025) (not...

Sixth Circuit Reaffirms Tennessee’s Locality Rule and Permits Sua Sponte Summary Judgment After Expert Exclusion: Lenoir v. Shelby County Health Care Corp.

Date: Oct 22, 2025

Sixth Circuit Reaffirms Tennessee’s Locality Rule and Permits Sua Sponte Summary Judgment After Expert Exclusion Lenoir v. Shelby County Health Care Corporation (d/b/a Regional One Health) Court:...

Retaliatory-Intent Upward Variances and Digital Constructive Possession Under § 922(g): United States v. Andrew Miller

Date: Oct 22, 2025

Retaliatory-Intent Upward Variances and Digital Constructive Possession Under § 922(g): United States v. Andrew Miller Introduction This Sixth Circuit decision, though designated “Not Recommended for...

Sixth Circuit clarifies post-Ruan mens rea and upholds deliberate-ignorance instructions for pharmacists under § 841: United States v. Hasna Bashir Iwas

Date: Oct 22, 2025

Sixth Circuit clarifies post-Ruan mens rea and upholds deliberate-ignorance instructions for pharmacists under § 841 Commentary on United States v. Hasna Bashir Iwas, No. 24-1234 (6th Cir. Oct. 20,...

Cross-Corroborated Informant Accounts and Near-in-Time Firearm Recovery Sufficient to Trigger § 2D1.1(b)(1): United States v. Kordell Travis

Date: Oct 22, 2025

Cross-Corroborated Informant Accounts and Near-in-Time Firearm Recovery Sufficient to Trigger § 2D1.1(b)(1): United States v. Kordell Travis Introduction In United States v. Kordell Travis, the U.S....

Express Acceptance of Guideline Calculations Waives Career-Offender Challenges; District Courts May Weigh Non-Scored Convictions under § 3553(a)

Date: Oct 22, 2025

Express Acceptance of Guideline Calculations Waives Career-Offender Challenges; District Courts May Weigh Non-Scored Convictions under § 3553(a) Introduction In United States v. Lee Rose, No. 24-5936...