standards-for-& Case Commentaries

Retaliatory-Intent Upward Variances and Digital Constructive Possession Under § 922(g): United States v. Andrew Miller

Date: Oct 22, 2025

Retaliatory-Intent Upward Variances and Digital Constructive Possession Under § 922(g): United States v. Andrew Miller Introduction This Sixth Circuit decision, though designated “Not Recommended for...

Sixth Circuit clarifies post-Ruan mens rea and upholds deliberate-ignorance instructions for pharmacists under § 841: United States v. Hasna Bashir Iwas

Date: Oct 22, 2025

Sixth Circuit clarifies post-Ruan mens rea and upholds deliberate-ignorance instructions for pharmacists under § 841 Commentary on United States v. Hasna Bashir Iwas, No. 24-1234 (6th Cir. Oct. 20,...

Cross-Corroborated Informant Accounts and Near-in-Time Firearm Recovery Sufficient to Trigger § 2D1.1(b)(1): United States v. Kordell Travis

Date: Oct 22, 2025

Cross-Corroborated Informant Accounts and Near-in-Time Firearm Recovery Sufficient to Trigger § 2D1.1(b)(1): United States v. Kordell Travis Introduction In United States v. Kordell Travis, the U.S....

Express Acceptance of Guideline Calculations Waives Career-Offender Challenges; District Courts May Weigh Non-Scored Convictions under § 3553(a)

Date: Oct 22, 2025

Express Acceptance of Guideline Calculations Waives Career-Offender Challenges; District Courts May Weigh Non-Scored Convictions under § 3553(a) Introduction In United States v. Lee Rose, No. 24-5936...

Rule 11(b)(1)(N) Satisfied Without On-the-Record Recital of Appeal‑Waiver Exceptions; Seriatim Advisements Not Required

Date: Oct 22, 2025

Rule 11(b)(1)(N) Satisfied Without On-the-Record Recital of Appeal‑Waiver Exceptions; Seriatim Advisements Not Required Introduction In United States v. Michael Osborn Thomas (No. 24-2052, 6th Cir....

Sixth Circuit Clarifies Nexus: Ongoing Drug Trafficking Plus Modest Residential Links Satisfy Probable Cause; Courts Remain Extremely Reluctant to Reopen Suppression — United States v. Bradley (6th Cir. 2025)

Date: Oct 22, 2025

Sixth Circuit Clarifies Nexus: Ongoing Drug Trafficking Plus Modest Residential Links Satisfy Probable Cause; Courts Remain Extremely Reluctant to Reopen Suppression — United States v. Bradley (6th...

Clarifying Non-Testimonial Vital Records and the Unavailability of a Mistake-of-Age Defense under 18 U.S.C. § 2251(a): United States v. Burns (6th Cir. 2025)

Date: Oct 22, 2025

Clarifying Non-Testimonial Vital Records and the Unavailability of a Mistake-of-Age Defense under 18 U.S.C. § 2251(a): United States v. Burns (6th Cir. 2025) Court: U.S. Court of Appeals for the...

Progressive, Standard-of-Care Treatment Defeats Eighth Amendment Deliberate Indifference; No Monell Liability Without a Predicate Violation

Date: Oct 22, 2025

Progressive, Standard-of-Care Treatment Defeats Eighth Amendment Deliberate Indifference; No Monell Liability Without a Predicate Violation Introduction In Potter v. Johnson, No. 25-8033 (10th Cir....

Creditor’s Right to Repayment and Escrow Possession Are “Property” Under the Wire-Fraud Statute; Internet Use Alone Is Not Interstate: United States v. Baker (10th Cir. 2025)

Date: Oct 22, 2025

Creditor’s Right to Repayment and Escrow Possession Are “Property” Under the Wire-Fraud Statute; Internet Use Alone Is Not Interstate: United States v. Baker (10th Cir. 2025) Introduction In a...

Actual Authority, Not Apparent Team Membership: Tenth Circuit Denies COA Where State Proffer Terms Did Not Bind Federal Prosecutors and Rule 410 Was Waived

Date: Oct 22, 2025

Actual Authority, Not Apparent Team Membership: Tenth Circuit Denies COA Where State Proffer Terms Did Not Bind Federal Prosecutors and Rule 410 Was Waived Introduction In United States v. Brown, No....

FTCA Accrual Starts with Post‑Surgical Complications, Not Later Medical Imaging: The First Circuit’s Objective Discovery Rule in Roldán‑Barrios v. United States

Date: Oct 22, 2025

FTCA Accrual Starts with Post‑Surgical Complications, Not Later Medical Imaging: The First Circuit’s Objective Discovery Rule in Roldán‑Barrios v. United States Introduction In Roldán‑Barrios v....

A Second Superseding Indictment Restores Probable Cause and Forecloses FTCA Malicious Prosecution; No Bivens Extension for CBP Grand Jury Testimony

Date: Oct 22, 2025

A Second Superseding Indictment Restores Probable Cause and Forecloses FTCA Malicious Prosecution; No Bivens Extension for CBP Grand Jury Testimony Introduction In Sanchez-Jimenez v. United States,...

Equitable Dissolution of Delaware Statutory Trusts for Contempt: Delaware Supreme Court Affirms Sanctions Reaching Beneficial Interests and Non‑Party Controllers to Protect S‑Corporation Status

Date: Oct 22, 2025

Equitable Dissolution of Delaware Statutory Trusts for Contempt: Delaware Supreme Court Affirms Sanctions Reaching Beneficial Interests and Non‑Party Controllers to Protect S‑Corporation Status...

Comparator Rigor in Selective Code Enforcement: Third Circuit Clarifies “Similarly Situated” Under Equal Protection

Date: Oct 22, 2025

Comparator Rigor in Selective Code Enforcement: Third Circuit Clarifies “Similarly Situated” Under Equal Protection Introduction This commentary analyzes the Third Circuit’s nonprecedential decision...

Padilla’s Boundary in the Third Circuit: No Sixth Amendment Duty to Warn of False Claims Act Civil Liability; Any Expansion Would Be Non‑Retroactive

Date: Oct 22, 2025

Padilla’s Boundary in the Third Circuit: No Sixth Amendment Duty to Warn of False Claims Act Civil Liability; Any Expansion Would Be Non‑Retroactive Introduction In a precedential decision issued on...

Padilla Limited to Deportation; Sixth Amendment Duty Confined to Direct Plea Consequences—No Duty to Warn of False Claims Act Exposure

Date: Oct 22, 2025

Padilla Limited to Deportation; Sixth Amendment Duty Confined to Direct Plea Consequences—No Duty to Warn of False Claims Act Exposure Case: Nita Patel v. United States; Kirtish N. Patel v. United...

Post-Filing FTCA Presentment Cannot Cure Jurisdiction; Limited Discovery on Westfall Act Certifications Requires a Factual Divergence from the Complaint

Date: Oct 22, 2025

Post-Filing FTCA Presentment Cannot Cure Jurisdiction; Limited Discovery on Westfall Act Certifications Requires a Factual Divergence from the Complaint Court: United States Court of Appeals for the...

No Ex parte Young Path to “Just Compensation” for Texas Unclaimed Property: Fifth Circuit Bars Federal Takings Claim on Sovereign Immunity Grounds

Date: Oct 22, 2025

No Ex parte Young Path to “Just Compensation” for Texas Unclaimed Property: Fifth Circuit Bars Federal Takings Claim on Sovereign Immunity Grounds Introduction In Ambriz v. Hancock, No. 23-50582 (5th...

Speculative Risk Is Not “Substantial Prejudice”: Fifth Circuit Tightens Sanctions Due Process and Bars Johnson Double-Counting in CEATS v. TicketNetwork

Date: Oct 22, 2025

Speculative Risk Is Not “Substantial Prejudice”: Fifth Circuit Tightens Sanctions Due Process and Bars Johnson Double-Counting in CEATS v. TicketNetwork Introduction In this second trip to the Fifth...

Threatening to Retain Property Beyond a Possessory Lien Constitutes TTLA “Coercion”; Expectation Damages Must Net Avoided Costs — Rose v. Equis Equine (5th Cir. 2025)

Date: Oct 22, 2025

Threatening to Retain Property Beyond a Possessory Lien Constitutes TTLA “Coercion”; Expectation Damages Must Net Avoided Costs — Rose v. Equis Equine (5th Cir. 2025) Introduction In Rose v. Equis...

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