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juvenile-sentencing-guidelines:-iowa-supreme-court Case Commentaries

Affirmation of Broad Sentencing Discretion: United States v. Beaucage

Affirmation of Broad Sentencing Discretion: United States v. Beaucage

Date: Apr 16, 2025
Affirmation of Broad Sentencing Discretion: United States v. Beaucage Introduction United States v. Beaucage (1st Cir. Apr. 15, 2025) confronts the appellate challenge to a within-Guidelines sentence...
Establishing But-For Causation and Evidence-Based Future Restitution Under the TVPRA

Establishing But-For Causation and Evidence-Based Future Restitution Under the TVPRA

Date: Apr 16, 2025
Establishing But-For Causation and Evidence-Based Future Restitution Under the TVPRA 1. Introduction United States v. Coulter is a published decision from the United States Court of Appeals for the...
Certification of State Law Questions in IDEA Class-Size Disputes: Cruz v. Banks

Certification of State Law Questions in IDEA Class-Size Disputes: Cruz v. Banks

Date: Apr 16, 2025
Certification of State Law Questions in IDEA Class-Size Disputes: Cruz v. Banks Introduction Cruz v. Banks is a 2025 decision of the Second Circuit that arises under the Individuals with Disabilities...
Scope of Arbitration Clauses in Excess Insurance Policies: Insurer-Policyholder Limitation

Scope of Arbitration Clauses in Excess Insurance Policies: Insurer-Policyholder Limitation

Date: Apr 16, 2025
Scope of Arbitration Clauses in Excess Insurance Policies: Insurer-Policyholder Limitation Introduction In the summary order issued on April 15, 2025, the United States Court of Appeals for the...
Direct Physical Control Suffices for Actual Possession under § 922(g)(1): No Exclusivity Requirement

Direct Physical Control Suffices for Actual Possession under § 922(g)(1): No Exclusivity Requirement

Date: Apr 16, 2025
Direct Physical Control Suffices for Actual Possession under § 922(g)(1): No Exclusivity Requirement Introduction In United States v. Thompson, 24-4006 (10th Cir. Apr. 15, 2025), the Tenth Circuit...
Respectful Consideration Standard for Consecutive Sentencing of Supervised-Release Violations

Respectful Consideration Standard for Consecutive Sentencing of Supervised-Release Violations

Date: Apr 16, 2025
Respectful Consideration Standard for Consecutive Sentencing of Supervised-Release Violations Introduction The Sixth Circuit’s decision in United States v. John Guevara-Rosado clarifies the...
Mandatory Consideration of Plaintiff Delay and Tailored Scope in Preliminary Injunctions: New Rule from Adams v. Bordeau Metals

Mandatory Consideration of Plaintiff Delay and Tailored Scope in Preliminary Injunctions: New Rule from Adams v. Bordeau Metals

Date: Apr 16, 2025
Mandatory Consideration of Plaintiff Delay and Tailored Scope in Preliminary Injunctions: New Rule from Adams v. Bordeau Metals Introduction William Franklin Adams and 49 co-plaintiffs (the “Trail...
Establishing “Connection” and “Recklessness” in Firearm Sentencing Enhancements: United States v. Pringle

Establishing “Connection” and “Recklessness” in Firearm Sentencing Enhancements: United States v. Pringle

Date: Apr 16, 2025
Establishing “Connection” and “Recklessness” in Firearm Sentencing Enhancements: United States v. Pringle Introduction United States v. Robert Lee Pringle (11th Cir. Apr. 15, 2025) addresses two...
Losada-Velin v. Bondi: Reinforcing the Nexus Requirement in Asylum Claims

Losada-Velin v. Bondi: Reinforcing the Nexus Requirement in Asylum Claims

Date: Apr 16, 2025
Losada-Velin v. Bondi: Reinforcing the Nexus Requirement in Asylum Claims Introduction Losada-Velin v. Bondi is a summary order issued by the United States Court of Appeals for the Second Circuit on...
Limits on Explanatory Requirements for § 3582(c)(2) Sentence Reductions: United States v. McDonald

Limits on Explanatory Requirements for § 3582(c)(2) Sentence Reductions: United States v. McDonald

Date: Apr 16, 2025
Limits on Explanatory Requirements for § 3582(c)(2) Sentence Reductions: United States v. McDonald Introduction United States v. McDonald, No. 24-7038 (10th Cir. Apr. 15, 2025), examines the scope of...
Barragan-Gutierrez v. United States: Limits on Retroactive Second Amendment Challenges Under §2255(f)(3)

Barragan-Gutierrez v. United States: Limits on Retroactive Second Amendment Challenges Under §2255(f)(3)

Date: Apr 16, 2025
Barragan-Gutierrez v. United States: Limits on Retroactive Second Amendment Challenges Under §2255(f)(3) Introduction In United States v. Barragan-Gutierrez, 10th Cir. No. 23-8032 (Apr. 15, 2025),...
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief

Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief

Date: Apr 16, 2025
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief Introduction In City of Normandy v. Mike Kehoe (Mo. banc, Apr. 15, 2025), the Supreme Court of Missouri clarified the...
Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation

Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation

Date: Apr 16, 2025
Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation Introduction In Roger Weese v. Harry Green Chevrolet, Inc., 2025 WL ____...
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Date: Apr 16, 2025
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA Introduction The Supreme Court of Montana’s...
Clarifying §2255(f)(3)’s “New Right” Exception: Bruen and Rahimi Do Not Provide Retroactive Second Amendment Relief for Felons

Clarifying §2255(f)(3)’s “New Right” Exception: Bruen and Rahimi Do Not Provide Retroactive Second Amendment Relief for Felons

Date: Apr 16, 2025
Clarifying §2255(f)(3)’s “New Right” Exception: Bruen and Rahimi Do Not Provide Retroactive Second Amendment Relief for Felons Introduction United States v. Barragan-Gutierrez (10th Cir. Apr. 15,...
Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal

Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal

Date: Apr 16, 2025
Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal Introduction In Gustavo Diaz et al. v. FCA US LLC, the Third Circuit addressed the boundaries of final-order jurisdiction under 28...
Direct Physical Control as Sufficient for Actual Possession: Clarifying the Standard in 18 U.S.C. § 922(g)(1) Offenses

Direct Physical Control as Sufficient for Actual Possession: Clarifying the Standard in 18 U.S.C. § 922(g)(1) Offenses

Date: Apr 16, 2025
Direct Physical Control as Sufficient for Actual Possession: Clarifying the Standard in 18 U.S.C. § 922(g)(1) Offenses Introduction The case of United States v. Thompson reached the Tenth Circuit on...
Hearsay Standards for §2K2.1(b)(6)(B) Enhancements and Bar on Collateral Attacks Post-McGirt

Hearsay Standards for §2K2.1(b)(6)(B) Enhancements and Bar on Collateral Attacks Post-McGirt

Date: Apr 16, 2025
Hearsay Standards for §2K2.1(b)(6)(B) Enhancements and Bar on Collateral Attacks Post-McGirt Introduction United States v. Stapp is a published decision of the Tenth Circuit Court of Appeals, handed...
Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies

Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies

Date: Apr 16, 2025
Enforcement of Consent‐to‐Settle Clauses and Reporting Obligations in E&O Policies Introduction eQHealth AdviseWell, Inc. (“eQHealth”) provides managed‐care and prior‐authorization services to state...
Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute: United States v. Stroud

Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute: United States v. Stroud

Date: Apr 16, 2025
Expanding the Scope of “Referral” Under the Medicare Anti-Kickback Statute Introduction United States v. Stroud, decided April 15, 2025 by the Fifth Circuit (No. 22-11208), addresses the outer limits...
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