10th Circuit Case Commentaries

Undisputed PSR Facts and Corroborated Co-Conspirator Statements May Support Drug-Quantity Estimates at Sentencing

Date: May 1, 2026

Undisputed PSR Facts and Corroborated Co-Conspirator Statements May Support Drug-Quantity Estimates at Sentencing Introduction In United States v. Freeman, the Tenth Circuit affirmed Jerry Lana...

Invoking § 1442 Opens § 1447(d) Review, but Unsupported Federal-Officer Removal and Unpreserved Arguments Fail

Date: May 1, 2026

Invoking § 1442 Opens § 1447(d) Review, but Unsupported Federal-Officer Removal and Unpreserved Arguments Fail Introduction Winn v. Wakat concerns two consolidated appeals arising from August Wakat’s...

Independent Traffic Violations and Concurrent Dog Sniffs Sustain Fourth Amendment Stops

Date: May 1, 2026

Independent Traffic Violations and Concurrent Dog Sniffs Sustain Fourth Amendment Stops Introduction In United States v. Salcido-Gonzalez, the Tenth Circuit affirmed the conviction of Rene...

PLRA Screening Requires Tolling and Futility Analysis Before Dismissing Pro Se Prisoner § 1983 Claims

Date: Apr 30, 2026

PLRA Screening Requires Tolling and Futility Analysis Before Dismissing Pro Se Prisoner § 1983 Claims Introduction In Shores v. Williams, the Tenth Circuit reviewed the dismissal of a pro se...

Post-Judgment Amendment Requires Reopening Under Rule 59(e)/60(b) Before Rule 15 Leave; Rule 8 Deficiencies Can Warrant Dismissal Without Sua Sponte Leave

Date: Apr 29, 2026

Post-Judgment Amendment Requires Reopening Under Rule 59(e)/60(b) Before Rule 15 Leave; Rule 8 Deficiencies Can Warrant Dismissal Without Sua Sponte Leave 1. Introduction Reeves v. Seibert (10th Cir....

Harris v. Warden: § 2241 First Step Act Time-Credit Relief Requires Proof of Actual Qualifying Participation

Date: Apr 29, 2026

Harris v. Warden: § 2241 First Step Act Time-Credit Relief Requires Proof of Actual Qualifying Participation 1. Introduction In Harris v. Warden, FCI - Leavenworth (10th Cir. Apr. 28, 2026), federal...

Preserving Rule 106 “Completeness” Claims: A Proponent Must Identify the Ground for Admission, Not Merely Proffer the Recording

Date: Apr 29, 2026

Preserving Rule 106 “Completeness” Claims: A Proponent Must Identify the Ground for Admission, Not Merely Proffer the Recording Case: United States v. Velazquez Hernandez (10th Cir. Apr. 28, 2026)...

Tenth Circuit: Inadequate Appellate Briefing Waives Challenges, and Confidential Settlement Terms Merit Targeted Redaction (Not Blanket Sealing)

Date: Apr 28, 2026

Tenth Circuit: Inadequate Appellate Briefing Waives Challenges, and Confidential Settlement Terms Merit Targeted Redaction (Not Blanket Sealing) I. Introduction Borsody v. Federal Express Corporation...

Agency Action Is Arbitrary and Capricious When It Ignores a Potentially Controlling Royalty Settlement Agreement

Date: Apr 28, 2026

Agency Action Is Arbitrary and Capricious When It Ignores a Potentially Controlling Royalty Settlement Agreement 1. Introduction Case: Devon Energy Production Company v. DOI (10th Cir. Apr. 27, 2026)...

Martinez v. City of Aurora: Lindke’s “Actual Authority” Requirement Bars § 1983 State Action Where an Officer on Administrative Leave Was Explicitly Forbidden to Act

Date: Apr 28, 2026

Martinez v. City of Aurora: Lindke’s “Actual Authority” Requirement Bars § 1983 State Action Where an Officer on Administrative Leave Was Explicitly Forbidden to Act 1. Introduction In Martinez v....

United States v. Petro: Prosecutors May Not Argue the Presumption of Innocence Has Been “Removed” Before Deliberations

Date: Apr 28, 2026

United States v. Petro: Prosecutors May Not Argue the Presumption of Innocence Has Been “Removed” Before Deliberations (and Visual Metaphors Can Aggravate Plain-Error Prejudice) Introduction In...

Ward v. Wesley Medical Center: Pretrial-Order Waiver and Strict Rule 56 Compliance (Plus Employer-Knowledge and Temporal-Proximity Limits) in ADA/FMLA Litigation

Date: Apr 28, 2026

Ward v. Wesley Medical Center: Pretrial-Order Waiver and Strict Rule 56 Compliance (Plus Employer-Knowledge and Temporal-Proximity Limits) in ADA/FMLA Litigation Introduction In Ward v. Wesley...

COA Denied for Rule 2(c) Pleading Defects and Waiver of Any Challenge to a Procedural Dismissal in § 2254 Appeals

Date: Apr 26, 2026

COA Denied for Rule 2(c) Pleading Defects and Waiver of Any Challenge to a Procedural Dismissal in § 2254 Appeals Introduction In Welch v. Attorney General of the State of Colorado (10th Cir. Apr....

Jarvis v. County of Teton, Wyoming — Litigants Must Verify AI-Generated Citations; Fabricated Authorities Are Disregarded and May Trigger Sanctions

Date: Apr 26, 2026

Jarvis v. County of Teton, Wyoming — Litigants Must Verify AI-Generated Citations; Fabricated Authorities Are Disregarded and May Trigger Sanctions Introduction In Jarvis v. County of Teton Wyoming...

Good-Faith Reliance on a Tribal Search Warrant Despite a Contemporaneous State-Court Denial (and Rule 41’s “Federal Character” Limit)

Date: Apr 26, 2026

Good-Faith Reliance on a Tribal Search Warrant Despite a Contemporaneous State-Court Denial (and Rule 41’s “Federal Character” Limit) I. Introduction In United States v. Holt (10th Cir. Apr. 24,...

Ambiguous Surveillance Video Can Support “Arguable Probable Cause,” Preserving Qualified Immunity Absent Particularized Clearly Established Law (Puller v. Greco)

Date: Apr 26, 2026

Ambiguous Surveillance Video Can Support “Arguable Probable Cause,” Preserving Qualified Immunity Absent Particularized Clearly Established Law Introduction In Puller v. Greco (10th Cir. Apr. 24,...

Torres v. Polis — Failure to Object to a Magistrate Judge’s Recommendation Waives Appellate Review, and Non-Consent Under § 636(c) Does Not Trigger Mandatory De Novo Review

Date: Apr 26, 2026

Failure to Object to a Magistrate Judge’s Recommendation Waives Appellate Review, and Non-Consent Under § 636(c) Does Not Trigger Mandatory De Novo Review 1. Introduction Torres v. Polis (10th Cir....

Wyoming Duty-to-Defend Triggered for Additional Insured Where Complaint Alleges Subcontractor’s Partial Causation and Incomplete (“Ongoing”) Operations

Date: Apr 24, 2026

Wyoming Duty-to-Defend Triggered for Additional Insured Where Complaint Alleges Subcontractor’s Partial Causation and Incomplete (“Ongoing”) Operations Case: Liberty Mutual Insurance Company v....

Within-Guidelines Sentences Remain Presumptively Reasonable on Appeal Despite “One-Photo” Child-Pornography Enhancements

Date: Apr 24, 2026

Within-Guidelines Sentences Remain Presumptively Reasonable on Appeal Despite “One-Photo” Child-Pornography Enhancements 1. Introduction In United States v. Presley (10th Cir. Apr. 23, 2026)...

Coit v. Stancil: Official-Capacity Damages Barred by Eleventh Amendment; Rule 8 Requires a Single, Self-Contained Operative Prisoner Complaint; Failure to Challenge All Grounds on Appeal Warrants Affirmance

Date: Apr 24, 2026

Coit v. Stancil: Official-Capacity Damages Barred by Eleventh Amendment; Rule 8 Requires a Single, Self-Contained Operative Prisoner Complaint; Failure to Challenge All Grounds on Appeal Warrants...