6th Circuit Case Commentaries

Post-Taylor Resentencing Permits Reapplication of Firearm Enhancements; Reasonable-Suspicion Electronic-Search Conditions Sustained on Plain-Error Review

Date: Dec 5, 2024

Post-Taylor Resentencing Permits Reapplication of Firearm Enhancements; Reasonable-Suspicion Electronic-Search Conditions Sustained on Plain-Error Review Introduction This commentary analyzes the...

Sixth Circuit: No “Good Cause” to Excuse Failure to Raise Bruen-Based Second Amendment Claims; Plain-Error Review Dooms Unpreserved Challenges to § 922(g)(1) and § 924(c)

Date: Dec 5, 2024

Sixth Circuit: No “Good Cause” to Excuse Failure to Raise Bruen-Based Second Amendment Claims; Plain-Error Review Dooms Unpreserved Challenges to § 922(g)(1) and § 924(c) Introduction In United...

Sixth Circuit Reaffirms Nonreviewability of §4A1.3 Downward-Departure Denials and Upholds Within-Guidelines Illegal-Reentry Sentence

Date: Dec 4, 2024

Sixth Circuit Reaffirms Nonreviewability of §4A1.3 Downward-Departure Denials and Upholds Within-Guidelines Illegal-Reentry Sentence Introduction This commentary examines the Sixth Circuit’s...

A Patient’s Promise to Pay “All Charges” in ER Intake Forms Creates a Written Contract (Triggering Kentucky’s 15-/10-Year Limitations Period) — Williams v. Louisville Recovery Service

Date: Dec 4, 2024

A Patient’s Promise to Pay “All Charges” in ER Intake Forms Creates a Written Contract (Triggering Kentucky’s 15-/10-Year Limitations Period) Case: Joy Williams v. Louisville Recovery Service, LLC,...

Bare Suspicion of Federal Involvement, Plus Juror’s Stated Unfair‑Treatment Belief, Can Sustain a Race‑Neutral Peremptory Strike at Batson Step Three

Date: Dec 4, 2024

Bare Suspicion of Federal Involvement, Plus Juror’s Stated Unfair‑Treatment Belief, Can Sustain a Race‑Neutral Peremptory Strike at Batson Step Three Introduction In United States v. Hines, No....

Clarifying “Stolen” Under U.S.S.G. § 2K2.1(b)(4)(A): No Fraud-or-Knowledge Requirement; Mislaid-Then-Taken Firearms Still Count

Date: Dec 4, 2024

Clarifying “Stolen” Under U.S.S.G. § 2K2.1(b)(4)(A): No Fraud-or-Knowledge Requirement; Mislaid-Then-Taken Firearms Still Count Introduction In United States v. Carroll, No. 24-5256 (6th Cir. Dec. 3,...

Silence Is Plain Error: Sixth Circuit Vacates Sentence Where District Court Fails to Identify Applied Guideline Enhancements (United States v. Jacobs)

Date: Dec 4, 2024

United States v. Jacobs (6th Cir. Dec. 3, 2024), addressing Daubert challenges to ACE-V fingerprint analysis, judicial responses to jury questions, sufficiency for § 924(c) brandishing, and...

Sixth Circuit reaffirms: limited weight to caregiving, plain-error barrier to factual challenges, and permissible use of the non–career-offender range to guide a downward variance

Date: Dec 4, 2024

Sixth Circuit reaffirms: limited weight to caregiving, plain-error barrier to factual challenges, and permissible use of the non–career-offender range to guide a downward variance Introduction This...

Good-Faith Reliance Upheld: Same-Day Trash Pull Plus Prior Home Dealing Creates a Minimally Sufficient Nexus to Search a New Residence

Date: Dec 4, 2024

Good-Faith Reliance Upheld: Same-Day Trash Pull Plus Prior Home Dealing Creates a Minimally Sufficient Nexus to Search a New Residence Case: United States v. Alonzo Quant’e Harrison, No. 24-5180 (6th...

Sixth Circuit Reaffirms REAL ID’s “Any Inconsistency” Credibility Rule and Holds Unexhausted Objections to Credible‑Fear Interview Notes Are Waived

Date: Dec 4, 2024

Sixth Circuit Reaffirms REAL ID’s “Any Inconsistency” Credibility Rule and Holds Unexhausted Objections to Credible‑Fear Interview Notes Are Waived Introduction In Hasanul Islam Parvaj v. Garland...

Circumstantial Nexus to the Home After Sanders: Surveillance Linking a Residence to Drug Deliveries Suffices for Probable Cause; Firearm Proximity Supports §2D1.1(b)(1) and Defeats Safety Valve

Date: Dec 3, 2024

Circumstantial Nexus to the Home After Sanders: Surveillance Linking a Residence to Drug Deliveries Suffices for Probable Cause; Firearm Proximity Supports §2D1.1(b)(1) and Defeats Safety Valve Case:...

Generalized Policy Disagreements Are Not “Extraordinary and Compelling” Under the 2023 § 1B1.13 Amendments

Date: Dec 3, 2024

Generalized Policy Disagreements Are Not “Extraordinary and Compelling” Under the 2023 § 1B1.13 Amendments Introduction In United States v. Washington, No. 24-5124 (6th Cir. Dec. 2, 2024), the Sixth...

Affirmation of Proper Removal under Diversity Jurisdiction and Strict Requirements for Challenging Personal Jurisdiction in Clarke v. Pollan

Date: Nov 28, 2024

Affirmation of Proper Removal under Diversity Jurisdiction and Strict Requirements for Challenging Personal Jurisdiction in Clarke v. Pollan Introduction In the case of Diana L. Clarke v. Stephen...

6th Circuit Upholds Conviction in Sex Trafficking Case, Reinforcing Standards for Ineffective Assistance of Counsel

Date: Nov 26, 2024

6th Circuit Upholds Conviction in Sex Trafficking Case, Reinforcing Standards for Ineffective Assistance of Counsel Introduction The case of Michael Taylor Gardner v. United States of America...

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Detillion v. Ohio Department of Rehabilitation & Correction

Date: Nov 25, 2024

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Detillion v. Ohio Department of Rehabilitation & Correction Introduction The case of Lynn Detillion v. Ohio Department of...

United States v. Campbell: Affirmation of ACCA Enhancement and Interpretation of "Different Occasions"

Date: Nov 25, 2024

United States v. Campbell: Affirmation of ACCA Enhancement and Interpretation of "Different Occasions" Introduction In the case of United States of America v. Gerald Lynn Campbell, the United States...

Nissan Class Action Litigation: New Precedent on Rule 23 Class Certification

Date: Nov 25, 2024

Nissan Class Action Litigation: New Precedent on Rule 23 Class Certification Introduction The case of In re: Nissan North America, Inc. Litigation addresses significant issues related to class action...

Establishing Mootness Standards for Election-Tied Preliminary Injunctions: Brown v. Yost

Date: Nov 25, 2024

Establishing Mootness Standards for Election-Tied Preliminary Injunctions: Brown v. Yost Introduction In the case of Cynthia Brown; Carlos Buford; Jenny Sue Rowe, Plaintiffs-Appellants versus David...

Affirmation of Remand: Compliance with FAA Regulations Does Not Constitute 'Acting Under' for Removal Purposes

Date: Nov 25, 2024

Affirmation of Remand: Compliance with FAA Regulations Does Not Constitute 'Acting Under' for Removal Purposes Introduction The appellate case Michigan Department of Environment, Great Lakes, and...

No Nexus: Establishing the Critical Link in Asylum Claims - Simon-Domingo v. Garland

Date: Nov 25, 2024

No Nexus: Establishing the Critical Link in Asylum Claims - Simon-Domingo v. Garland Introduction Simon-Domingo v. Garland is a pivotal case adjudicated by the United States Court of Appeals for the...