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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

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

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)

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)

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

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

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

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.

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

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

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

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)

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...
Rule 11(b)(1)(N) Satisfied Without On-the-Record Recital of Appeal‑Waiver Exceptions; Seriatim Advisements Not Required

Rule 11(b)(1)(N) Satisfied Without On-the-Record Recital of Appeal‑Waiver Exceptions; Seriatim Advisements Not Required

Date: Oct 22, 2025
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 Cir. 2025)

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 Cir. 2025)

Date: Oct 22, 2025
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)

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)

Date: Oct 22, 2025
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

Comparator Specificity and Discriminatory Purpose: Sixth Circuit Tightens Pleading for Equal Protection and Conspiracy Claims Challenging Urban Redevelopment Enforcement

Date: Oct 19, 2025
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

Sixth Circuit: § 1983 Procedural Due Process Claims Accrue No Later Than the Last Denial of Process, and Michigan’s No‑Equitable‑Tolling Regime Applies

Date: Oct 19, 2025
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

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms Duty to Reassess; Deadly Force After Threat Is Neutralized Is Clearly Unconstitutional

Date: Oct 19, 2025
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

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

Date: Oct 19, 2025
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

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

Date: Oct 19, 2025
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

PLRA Screening Must Ordinarily Permit Amendment; Mattress Deprivation Alone Insufficient to Plead Eighth Amendment Violation Without Specific Risk of Serious Harm

Date: Oct 19, 2025
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....
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