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Deterrence Without Empirical Proof: Eleventh Circuit Reaffirms District Courts’ Discretion to Rely on Experience When Weighing § 3553(a) Factors Case: United States v. Frank D. Cavanaugh, No....
Good Cause to Defer 404(b) Rulings: Eleventh Circuit Affirms Post‑Opening Admission of Prior Fraud Conviction to Prove Intent Introduction In United States v. Jarnel Sael (11th Cir. No. 25‑10750,...
United States v. Diggs: Distinct Overbreadth Theories Must Be Specifically Preserved; No Plain Error in Treating Florida “Stereoisomer” Cocaine Convictions as ACCA Predicates Introduction In this...
Preservation Matters in ACCA: ioflupane overbreadth does not preserve isomer arguments; no plain error in treating Florida “stereoisomer” cocaine convictions as ACCA predicates Commentary on United...
Major Upward Variances at De Novo Resentencing Post‑Taylor: Eleventh Circuit Upholds 240-Month Term Based on Aged-Out Criminal History and Public Protection Introduction In United States v. John...
Returned Funds Do Not Moot a Standalone Claim to Seizure‑Warrant Affidavits; Lack of a Cause of Action Is Merits, Not Jurisdiction — California Palms v. United States (6th Cir. 2025) Introduction...
Pronouns, Politics, and Tinker: Sixth Circuit Bars Punishment of “Biological Pronouns” Absent Evidence of Disruption or Rights Violations Introduction In a high-profile en banc decision, the U.S....
Age-Related Recidivism Must Be Raised at Sentencing; Within-Guidelines Life Sentences for Sex Crimes Survive Eighth Amendment Challenge Case: United States v. Arisknight Arkin-Everett Winfree (No....
Mootness by Statutory Amendment and Rooker–Feldman Limits in Post‑Conviction DNA‑Testing Litigation: DeLoge v. Hill (10th Cir. 2025) Court: United States Court of Appeals for the Tenth Circuit Date:...
When State Drug Law Changes Mid-Prosecution, ACCA Looks to the Offense-Date Law Preserved by State Saving Provisions: Eleventh Circuit Vacates Enhancement in United States v. Miller Introduction This...
Prejudgment Interest May Be Awarded on Noneconomic Damages in § 1983 Cases, But Must Be Limited to Past Losses: Seventh Circuit’s Clarification in Bolden v. Pesavento Court: United States Court of...
Attestation, Not Discrimination: Sex-at-Birth Markers on Passports and Irreparable-Harm Presumptions in Trump v. Orr Introduction In Trump v. Orr, No. 25A319 (U.S. Nov. 6, 2025), the Supreme Court...
Proportionality, Not Nominal Prevailing Status, Controls Contractual Fee Awards Under New Jersey Law: Third Circuit Affirms $0 Fee Award in Miller Act Subcontract Dispute Introduction In United...
Treatment Noncompliance and Post‑Release Disclosures Can Justify Tailored Internet, Contact, and Pornography Restrictions on Supervised Release Case: United States v. Coy Christopher Klinger, No....
Open‑Court Compromise in a Possessory Action Bars Later Petitory Action: Fifth Circuit Affirms Res Judicata Effect of Settlement Resolving “Possession and Ownership” Introduction In Coupel v. Kfoury,...
Continuous-Encounter Excessive-Force Analysis After Barnes: Fifth Circuit Emphasizes Video Evidence and Prior Resistance in Qualified Immunity Introduction In Johnson v. Smith, No. 24-30791 (5th Cir....
Nonpayment Does Not Strip FLSA Exempt Status; At‑Will Employment Supports Texas Breach Claims; Quasi‑Contract Remedies Can Be Pleaded in the Alternative Introduction This commentary analyzes the...
Eleventh Amendment Dismissals Must Be Without Prejudice; Conclusory Pleadings Cannot Sustain Claims Against State Officials — Commentary on Preziosi v. Louisiana DCFS (5th Cir. 2025) Introduction In...
Equitable Tolling After State-Court Vacatur: Fifth Circuit Clarifies That Petitioners Must Show Specific, Pre‑Vacatur Diligence to Reopen Removal Proceedings Introduction In Rosa Arevalo v. Bondi,...
Equitable Tolling Demands Documented, Pre-Discovery Diligence—Vacated Conviction Alone Does Not Excuse a 19-Year Delay Commentary on Rosa Arevalo v. Bondi (5th Cir. Nov. 5, 2025) Introduction In Rosa...