6th Circuit Case Commentaries

Concrete Proof, Not Promissory Assertions: Sixth Circuit Clarifies “Means to Depart” Showing for Voluntary Departure Motions to Reopen

Date: Oct 19, 2025

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)

Date: Oct 19, 2025

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

Date: Oct 19, 2025

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

Date: Oct 19, 2025

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

Date: Oct 19, 2025

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

Date: Oct 19, 2025

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

Date: Oct 19, 2025

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

Date: Oct 18, 2025

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

Date: Oct 18, 2025

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

Date: Oct 18, 2025

“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

Date: Oct 18, 2025

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...

Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances

Date: Oct 18, 2025

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

Date: Oct 17, 2025

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 (Palmer v. Department of the Air Force)

Date: Oct 17, 2025

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

Date: Oct 17, 2025

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

Date: Oct 16, 2025

“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

Date: Oct 16, 2025

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

Date: Oct 16, 2025

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)

Date: Oct 16, 2025

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

Date: Oct 16, 2025

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....

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