Rule 11(b)(1)(N) Satisfied Without On-the-Record Recital of Appeal‑Waiver Exceptions; Seriatim Advisements Not Required Introduction In United States v. Michael Osborn Thomas (No. 24-2052, 6th Cir....
Sixth Circuit Clarifies Nexus: Ongoing Drug Trafficking Plus Modest Residential Links Satisfy Probable Cause; Courts Remain Extremely Reluctant to Reopen Suppression — United States v. Bradley (6th...
Clarifying Non-Testimonial Vital Records and the Unavailability of a Mistake-of-Age Defense under 18 U.S.C. § 2251(a): United States v. Burns (6th Cir. 2025) Court: U.S. Court of Appeals for the...
Comparator Specificity and Discriminatory Purpose: Sixth Circuit Tightens Pleading for Equal Protection and Conspiracy Claims Challenging Urban Redevelopment Enforcement Introduction In April Norman...
Sixth Circuit: § 1983 Procedural Due Process Claims Accrue No Later Than the Last Denial of Process, and Michigan’s No‑Equitable‑Tolling Regime Applies Introduction In Charles Bozzo v. Jennifer...
No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms Duty to Reassess; Deadly Force After Threat Is Neutralized Is Clearly Unconstitutional Introduction In Chelesy Eastep v. City of Nashville,...
No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms that Post‑Neutralization Force Violates Clearly Established Law and Applies Barnes’s Totality-of-Circumstances Framework Introduction In...
No Five‑Second Rule: Sixth Circuit Reaffirms Ban on Deadly Force After Incapacitation and Aligns Excessive‑Force Review with Barnes’s Totality‑of‑Circumstances Framework Introduction In Chelesy...
PLRA Screening Must Ordinarily Permit Amendment; Mattress Deprivation Alone Insufficient to Plead Eighth Amendment Violation Without Specific Risk of Serious Harm Introduction In Darrin Bass v....
Concrete Proof, Not Promissory Assertions: Sixth Circuit Clarifies “Means to Depart” Showing for Voluntary Departure Motions to Reopen Introduction In Juan Carlos Pastor-Hernandez v. Pamela Bondi,...
Clarifying the Fentanyl “Misrepresentation/Marketing” Enhancement: Sixth Circuit Defines “Knowingly Misrepresented” and “Knowingly Marketed” under U.S.S.G. § 2D1.1(b)(13) Case: United States v....
Clarifying the Nexus: Parole-Registered Residence and a Single Curbside Transaction Can Establish Probable Cause to Search a Known Drug Dealer’s Home Introduction In United States v. Devin Long, No....
Probable Cause Persistence Permits Multi‑Year, Multi‑Stage Searches of Secured Digital Devices Introduction In United States v. Joshua White, No. 25-5158 (6th Cir. Oct. 17, 2025) (not recommended for...
Drawing the Line Between “Misrepresentation” and “Marketing” Under §2D1.1(b)(13): The Sixth Circuit’s Textual Blueprint in United States v. Matthews & Livingston Court: U.S. Court of Appeals for the...
Willful Blindness, Advice-of-Compliance Limits, and Rule 403 Gatekeeping in Healthcare Fraud: The Sixth Circuit’s Decision in United States v. Oliver Jenkins Court: U.S. Court of Appeals for the...
Good-Faith Reliance Requires Full Disclosure; Willful Blindness Can Prove Knowledge (Not Agreement) in Healthcare-Fraud Conspiracies Commentary on United States v. Sherry-Ann Jenkins, Nos....
Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable Court: U.S. Court of Appeals for the...
Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons Case: United States v. Dalton Samuel...
“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting Introduction In United...
Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence Introduction In United States v. Kenneth Evans, the...