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tenth-circuit-upholds-stringent-& Case Commentaries

Binding Promissory Sentence Reductions Upon YOTP Completion

Binding Promissory Sentence Reductions Upon YOTP Completion

Date: Jun 3, 2025
Binding Promissory Sentence Reductions Upon YOTP Completion Introduction In David Ray Herrera, Jr. v. The State of Wyoming (2025 WY 62), the Wyoming Supreme Court addressed whether a district court’s...
Strict Adherence to 21 U.S.C. § 851: Predicate‐Conviction Notice Rule and Its Mandatory Enforcement

Strict Adherence to 21 U.S.C. § 851: Predicate‐Conviction Notice Rule and Its Mandatory Enforcement

Date: Jun 3, 2025
Strict Adherence to 21 U.S.C. § 851: Predicate-Conviction Notice Rule and Its Mandatory Enforcement 1. Introduction United States v. Thomas Wilkinson, IV is a Seventh Circuit decision clarifying the...
Discretionary Revocation of Visa Petitions Immune from Judicial Review under 8 U.S.C. § 1252(a)(2)(B)(ii)

Discretionary Revocation of Visa Petitions Immune from Judicial Review under 8 U.S.C. § 1252(a)(2)(B)(ii)

Date: Jun 3, 2025
Discretionary Revocation of Visa Petitions Immune from Judicial Review under 8 U.S.C. § 1252(a)(2)(B)(ii) Introduction This commentary examines the Fourth Circuit’s decision in MD Islam v. Director...
Standards for Counsel Appointment and §3582(c)(1)(A) Compassionate Release in the Tenth Circuit: United States v. Read-Forbes

Standards for Counsel Appointment and §3582(c)(1)(A) Compassionate Release in the Tenth Circuit: United States v. Read-Forbes

Date: Jun 3, 2025
Standards for Counsel Appointment and §3582(c)(1)(A) Compassionate Release in the Tenth Circuit: United States v. Read-Forbes Introduction This commentary examines the Tenth Circuit’s June 2, 2025...
Wage Increase Threats as Coercion: Defining Employer Speech Boundaries under Sections 8(a)(1) and 8(c)

Wage Increase Threats as Coercion: Defining Employer Speech Boundaries under Sections 8(a)(1) and 8(c)

Date: Jun 3, 2025
Wage Increase Threats as Coercion: Defining Employer Speech Boundaries under Sections 8(a)(1) and 8(c) Introduction Garten Trucking LC v. NLRB is a Fourth Circuit decision issued on June 2, 2025,...
Clarification of Review and Application of the Well-Settled Exception under the Hague Convention

Clarification of Review and Application of the Well-Settled Exception under the Hague Convention

Date: Jun 3, 2025
Clarification of Review and Application of the Well-Settled Exception under the Hague Convention Introduction This commentary examines the Fifth Circuit’s June 2, 2025 decision in Brito Guevara v....
The Possession Requirement for Brady Material and Authentication Standards for Digital Evidence Confirmed in United States v. Gonzalez

The Possession Requirement for Brady Material and Authentication Standards for Digital Evidence Confirmed in United States v. Gonzalez

Date: Jun 3, 2025
The Possession Requirement for Brady Material and Authentication Standards for Digital Evidence Confirmed in United States v. Gonzalez 1. Introduction In United States v. Mauricio Gonzalez (11th Cir....
Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review

Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review

Date: Jun 3, 2025
Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review Introduction United States v. Johnson, No. 24-2372-cr (2d Cir. June 2, 2025), presents a routine—but...
Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions

Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions

Date: Jun 3, 2025
Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions Introduction East Fork Funding LLC v. Deutsche Bank National Trust Company (2nd Cir. 2025) clarifies the...
The Snope Clarification: Reinforcing the “Common-Use / Burden-Shifting” Doctrine under the Second Amendment

The Snope Clarification: Reinforcing the “Common-Use / Burden-Shifting” Doctrine under the Second Amendment

Date: Jun 3, 2025
The Snope Clarification: Reinforcing the “Common-Use / Burden-Shifting” Doctrine under the Second Amendment 1. Introduction In Snope v. Brown, No. 24-203 (Jun. 2, 2025), the Supreme Court denied...
Clarifying the Face-to-Face Sales Exemption under the Telemarketing Sales Rule: CFPB v. Stratfs

Clarifying the Face-to-Face Sales Exemption under the Telemarketing Sales Rule: CFPB v. Stratfs

Date: Jun 3, 2025
Clarifying the Face-to-Face Sales Exemption under the Telemarketing Sales Rule: CFPB v. Stratfs Introduction Consumer Financial Protection Bureau v. Stratfs, LLC (f/k/a Strategic Financial Solutions,...
Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno

Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno

Date: Jun 3, 2025
Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno Introduction United States v. Aceituno (1st Cir. June 2, 2025) addresses the sufficiency of evidence required...
Presumption of Verity in Plea Colloquies and Deference to District Courts in §2255 Ineffective‐Assistance Claims

Presumption of Verity in Plea Colloquies and Deference to District Courts in §2255 Ineffective‐Assistance Claims

Date: Jun 3, 2025
Presumption of Verity in Plea Colloquies and Deference to District Courts in §2255 Ineffective‐Assistance Claims Introduction This commentary examines the Seventh Circuit’s decision in Helen Caldwell...
Non-Assignability of Statutory Surviving Spouse Benefits in Incorporated Divorce Settlements

Non-Assignability of Statutory Surviving Spouse Benefits in Incorporated Divorce Settlements

Date: Jun 3, 2025
Non-Assignability of Statutory Surviving Spouse Benefits in Incorporated Divorce Settlements Introduction This commentary examines the Rhode Island Supreme Court’s decision in Marilyn L. Wilson v....
Coercive Versus Persuasive Employer Speech: Clarifying Section 8(c) Boundaries in NLRB v. Garten Trucking

Coercive Versus Persuasive Employer Speech: Clarifying Section 8(c) Boundaries in NLRB v. Garten Trucking

Date: Jun 3, 2025
Coercive Versus Persuasive Employer Speech: Clarifying Section 8(c) Boundaries in NLRB v. Garten Trucking Introduction NLRB v. Garten Trucking LC arises from a union‐organizing campaign at Garten...
Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action

Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action

Date: Jun 3, 2025
Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action Introduction Fernandez v. Greyhound Lines, Inc. is a June 2, 2025 decision of the United States Court...
Sixth Circuit Clarifies Jurisdictional Boundaries in Mixed Actions: Mandatory Exercise for Coercive Claims and Limited Abstention for Declaratory Relief

Sixth Circuit Clarifies Jurisdictional Boundaries in Mixed Actions: Mandatory Exercise for Coercive Claims and Limited Abstention for Declaratory Relief

Date: Jun 3, 2025
Sixth Circuit Clarifies Jurisdictional Boundaries in Mixed Actions: Mandatory Exercise for Coercive Claims and Limited Abstention for Declaratory Relief Introduction Fire-Dex, LLC v. Admiral...
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand

Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand

Date: Jun 3, 2025
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand Introduction This commentary examines the Third Circuit’s decision in United States v. Jason C. Weigand,...
Forfeiture of Claims-Processing Challenges to Defective NTAs: Espinoza v. U.S. Attorney General

Forfeiture of Claims-Processing Challenges to Defective NTAs: Espinoza v. U.S. Attorney General

Date: Jun 3, 2025
Forfeiture of Claims-Processing Challenges to Defective Notices to Appear in Immigration Proceedings Introduction This commentary examines the Eleventh Circuit’s decision in Santa I. Espinoza v. U.S....
United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes

United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes

Date: Jun 3, 2025
United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes Introduction United States v. Novis (Denkberg), 23-6877-cr (2d Cir. June 2,...
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