balancing-confrontation-rights-and- Case Commentaries

Atypical Weapons Can Support a Drug-Sentencing Enhancement When the Full Record Connects Them to Trafficking

Date: Oct 28, 2026

Atypical Weapons Can Support a Drug-Sentencing Enhancement When the Full Record Connects Them to Trafficking Case: United States v. Barrera Court: United States Court of Appeals for the Tenth Circuit...

Section 848(e)(1)(B) Requires Intentional Conduct and Categorically Qualifies as a Crime of Violence

Date: Oct 28, 2026

Section 848(e)(1)(B) Requires Intentional Conduct and Categorically Qualifies as a Crime of Violence Case: United States v. Barrett, No. 23-7086 Court: United States Court of Appeals for the Tenth...

United States v. Brown: Unobjected-to Sentencing Facts and a Supported Upward Variance Survive Anders Review

Date: Oct 28, 2026

United States v. Brown: Unobjected-to Sentencing Facts and a Supported Upward Variance Survive Anders Review Court: United States Court of Appeals for the Tenth Circuit Case: United States v. Brown,...

Financial Vulnerability and Fraud: Fifteen Exploited Victims Support the Large-Number Enhancement

Date: Oct 28, 2026

Financial Vulnerability and Fraud: Fifteen Exploited Victims Support the Large-Number Enhancement Case: United States v. Hess, consolidated with the appeals of Shirley Koch Court: United States Court...

Vulnerable-Victim Sentencing in Mail Fraud: Exploited Financial Need Supplies the Nexus, and Fifteen Victims Suffice

Date: Oct 28, 2026

Vulnerable-Victim Sentencing in Mail Fraud: Exploited Financial Need Supplies the Nexus, and Fifteen Victims Suffice Case: United States v. Hess, consolidated with the appeals of Shirley Koch Court:...

Financial Vulnerability and Fraud: A Direct Nexus, Not Inability to Detect, Governs the Vulnerable-Victim Enhancement

Date: Oct 28, 2026

Financial Vulnerability and Fraud: A Direct Nexus, Not Inability to Detect, Governs the Vulnerable-Victim Enhancement Case: United States v. Koch, consolidated with the appeals of Megan Hess Court:...

Direct Exploitation of Financial Hardship Supports the Large-Number-of-Vulnerable-Victims Enhancement

Date: Oct 28, 2026

Direct Exploitation of Financial Hardship Supports the Large-Number-of-Vulnerable-Victims Enhancement Case: United States v. Koch, consolidated with the appeals of Megan Hess Court: United States...

General Objections Do Not Preserve Sentencing-Explanation Claims; Individualized Aggravation Can Justify a Statutory-Maximum Variance

Date: Oct 28, 2026

General Objections Do Not Preserve Sentencing-Explanation Claims; Individualized Aggravation Can Justify a Statutory-Maximum Variance Case: United States v. Williams, No. 24-7073 Court: United States...

Breach Without Proven Loss: Consistent Defense Verdicts and Limits on Contractual Fee Shifting

Date: Oct 28, 2026

Breach Without Proven Loss: Consistent Defense Verdicts and Limits on Contractual Fee Shifting Case: Indeck Power Equipment Company v. Ashley Energy LLC Court: United States Court of Appeals for the...

Prison Disciplinary Due Process: Delivering a Conduct Report Does Not Establish Hearing-Officer Bias

Date: Oct 28, 2026

Prison Disciplinary Due Process: Delivering a Conduct Report Does Not Establish Hearing-Officer Bias Case: Jeffrey Leiser v. John Bretzel, No. 25-2424 Court: United States Court of Appeals for the...

Cancellation of Removal: Age-at-Decision Eligibility, Harmless Error, and the Limits of Hardship Review

Date: Oct 28, 2026

Cancellation of Removal: Age-at-Decision Eligibility, Harmless Error, and the Limits of Hardship Review Case: Miguel Saldana-Yadaicela v. Todd Blanche Court: United States Court of Appeals for the...

A Lower Penalty Does Not Cure a Formal Drug-Type Amendment to an Indictment

Date: Oct 28, 2026

A Lower Penalty Does Not Cure a Formal Drug-Type Amendment to an Indictment Commentary on United States v. Tavaryyuan Johnson United States Court of Appeals for the Sixth Circuit, No. 25-3691 Decided...

CACFP Termination: Meaningful Consideration of Corrective Action and Sufficient Technical Assistance

Date: Oct 28, 2026

CACFP Termination: Meaningful Consideration of Corrective Action and Sufficient Technical Assistance Case: Indiana Department of Education v. Mt. Zion's Loving Day Care Ministry Court: Supreme Court...

Interpleader Requires Potential Multiple Liability and Cannot Extinguish Independent Claims Against an Insurance Agent

Date: Oct 28, 2026

Interpleader Requires Potential Multiple Liability and Cannot Extinguish Independent Claims Against an Insurance Agent Case: Ex parte Gulf Shores Power Sports, Inc., and Maritime Program Group, Inc.,...

Resolved Benefits Delays and Inadequately Supported Reopening Relief Leave a Section 1983 Appeal Moot

Date: Oct 28, 2026

Resolved Benefits Delays and Inadequately Supported Reopening Relief Leave a Section 1983 Appeal Moot Case: Johnson v. Reed Court: Supreme Court of Alabama Decision: October 23, 2026 Case number:...

Unchanged Guidelines Ranges and Individualized Findings Can Sustain Statutory-Maximum Sentences

Date: Oct 28, 2026

Unchanged Guidelines Ranges and Individualized Findings Can Sustain Statutory-Maximum Sentences Case: United States v. Jordan Dodd, No. 25-3557 Court: United States Court of Appeals for the Sixth...

Restitution-Only Challenges Do Not Toll AEDPA’s Federal Habeas Deadline

Date: Oct 28, 2026

Restitution-Only Challenges Do Not Toll AEDPA’s Federal Habeas Deadline Case: Brett Cormier v. Florida Department of Corrections Court: United States Court of Appeals for the Eleventh Circuit...

Race-Specific Campaign-Finance Challenges Become Moot When Effective Relief Ends and Recurrence Is Speculative

Date: Oct 28, 2026

Race-Specific Campaign-Finance Challenges Become Moot When Effective Relief Ends and Recurrence Is Speculative Case: Safe Affordable Georgia, Inc. v. Chairman of the State Ethics Commission, No....

Maine’s Foreclosure-Notice Protections Extend to Matured Loans and Judicially Established Equitable Mortgagors

Date: Oct 28, 2026

Maine’s Foreclosure-Notice Protections Extend to Matured Loans and Judicially Established Equitable Mortgagors Case: U.S. Bank Trust, N.A. v. Bowden Court: United States Court of Appeals for the...

Section 922(g)(3) Survives Facial Challenge, but Hemani Requires Reconsideration of Guilty-Plea Withdrawal

Date: Oct 28, 2026

Section 922(g)(3) Survives Facial Challenge, but Hemani Requires Reconsideration of Guilty-Plea Withdrawal Case: United States v. David Gibson Court: United States Court of Appeals for the Eleventh...