Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances Introduction This commentary analyzes the...
Pretext or Bust: The Sixth Circuit Reaffirms Strict Evidentiary Demands for Pretext and Clarifies the Prejudice Showing Required to Challenge Sua Sponte Summary Judgment Introduction In Darryl...
Post-Muldrow Clarity in the Sixth Circuit: Written Reprimands, Proposed Removals, and Mere Threats Do Not Constitute Adverse Actions; Rigor in Comparator Proof Reaffirmed Introduction This commentary...
Sixth Circuit Reaffirms “Low Bar” for U.S.S.G. §2D1.1(b)(12) Stash‑House Enhancement and Approves Use of Empirical Sentencing Data to Address §3553(a)(6) Disparities Case: United States v. Richard...
“Vulgarity Trumps Politics” in the Schoolhouse: Sixth Circuit Upholds Bans on Euphemistic Political Slogans under Fraser Introduction In B. A. v. Tri-County Area Schools, No. 24-1769 (6th Cir. Oct....
No Chronological Preference for Conflicting ABG Studies: Sixth Circuit Reaffirms Deference to ALJ Credibility Findings and Month‑of‑Filing Onset Under the BLBA Introduction In Cumberland River Coal...
Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act §404: Non‑Covered Counts May Be Reduced When Interdependent with Covered Offenses Introduction In United States v. Edward Dale, a...
Sixth Circuit Endorses Sentencing-Package Resentencing Under the First Step Act: Non‑Covered Counts May Be Reduced Only If Interdependent (United States v. Polk) Introduction In United States v. Gene...
Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act Resentencings: Non‑Covered Offenses May Be Reduced Only If Interdependent with a Covered Offense Introduction In United States v....
Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act § 404: Non‑Covered Counts May Be Reduced Only If Interdependent With a Covered Offense Introduction In United States v. John Gordon...
Dangerousness, Not Youth or Time Served: Sixth Circuit Applies Williams to Reject As-Applied § 922(g)(1) Challenge and Affirms Upward Variance in United States v. Tucker Court: United States Court of...
Directness Rules the Day: Sixth Circuit Extends Illinois Brick to Indirect Sellers and Recasts Antitrust Standing as Antitrust Injury Plus Proximate Cause Case: Academy of Allergy & Asthma in Primary...
No Clearly Established Bystander Liability for Backup Officers in DUI Arrests: Sixth Circuit Clarifies Prolonged-Stop, HGN, and Curtilage Rules Introduction In Amanda Caton v. Jacob Salamon, No....
Sixth Circuit Clarifies Liberty-Deprivation for Fourth Amendment Malicious Prosecution: No Pretrial Restraints, No Seizure; Police Press Releases That Mirror Charging Documents Are Absolutely...
Dangerousness, Not Disability: Sixth Circuit Reaffirms Williams—Felon-in-Possession Ban Constitutional As Applied Despite Paraplegia; No Remand Needed; Modest Upward Variance Upheld Introduction In...
Sixth Circuit (Unpublished) Clarifies “Same Course of Conduct” for §1B1.3: Post-Indictment Drug-and-Gun Incident Nine Months Later Counts Toward §2K2.1(b)(1)(A) Firearms Enhancement Introduction In...
Reaffirmed Principle: District Courts May Heavily Weight Criminal History and Public-Safety Risks to Justify Above-Guidelines Sentences Introduction In United States v. Jemar Jeresse Simmons, the...
Circumstantial Proof of Predominant Profit Intent and Repetitiveness Suffices to Uphold Unlicensed Firearms-Dealing Conviction under § 922(a)(1)(A) Introduction In United States v. Omar Shorter, Jr.,...
Marginian’s Shield Extends to Group Captives: No Ohio Bad‑Faith Claim When Insurer Settles Within Policy Limits Despite Captive Reimbursement Introduction In Chemical Solvents, Inc. v. Greenwich...
Breach of Contract as Concrete Injury and Classwide Challenges to “Negotiation” Adjustments: Sixth Circuit Affirms Certification in Clippinger v. State Farm Introduction This published decision from...