federal Case Commentaries

Eligibility Is Not Entitlement: Discretionary Denial of Retroactive Amendment 821 Reductions Under § 3582(c)(2) Based on § 3553(a) Factors

Date: Apr 29, 2026

Eligibility Is Not Entitlement: Discretionary Denial of Retroactive Amendment 821 Reductions Under § 3582(c)(2) Based on § 3553(a) Factors Introduction In United States v. Derek Dixon (11th Cir. Apr....

Upward Variance Affirmed Where Sentencing Court Grounds § 3553(a) Analysis in Defendant’s Defiance of Prior Federal Injunctions and Co-Defendant Disparity

Date: Apr 29, 2026

Upward Variance Affirmed Where Sentencing Court Grounds § 3553(a) Analysis in Defendant’s Defiance of Prior Federal Injunctions and Co-Defendant Disparity I. Introduction In United States v. Jasen...

Implicit Eligibility Findings and § 5K2.6 Weapon Departures in Amendment 821 § 3582(c)(2) Proceedings (11th Cir.)

Date: Apr 29, 2026

Implicit Eligibility Findings and § 5K2.6 Weapon Departures in Amendment 821 § 3582(c)(2) Proceedings (11th Cir.) 1. Introduction In United States v. Donald M. Reynolds (11th Cir. Apr. 28, 2026) (per...

Compassionate Release May Be Denied on Dangerousness and § 3553(a) Alone, and Repeat Attacks on Prior Findings Are Precluded

Date: Apr 29, 2026

Compassionate Release May Be Denied on Dangerousness and § 3553(a) Alone, and Repeat Attacks on Prior Findings Are Precluded I. Introduction In United States v. Harold Thornton (11th Cir. Apr. 28,...

IDHR “Complainant Information Sheet” Is Not an ADA Charge, but Misleading Agency Communications May Equitably Toll the 300-Day Deadline

Date: Apr 29, 2026

IDHR “Complainant Information Sheet” Is Not an ADA Charge, but Misleading Agency Communications May Equitably Toll the 300-Day Deadline 1. Introduction Kimberly Ballard v. Ameren Illinois Company...

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)...

Putnam v. EPR Properties: Unauthenticated Public Records Can Support a Prima Facie Showing of Personal Jurisdiction and Justify Jurisdictional Discovery; Jurisdictional Dismissals Should Be Without Prejudice

Date: Apr 29, 2026

Putnam v. EPR Properties: Unauthenticated Public Records Can Support a Prima Facie Showing of Personal Jurisdiction and Justify Jurisdictional Discovery; Jurisdictional Dismissals Should Be Without...

Rule 60(b)(4) Voidness Is Limited to Jurisdictional or Due-Process Defects; “Non-Party” Filings and Attorney Conflicts (If Unraised) Do Not Void the Judgment

Date: Apr 29, 2026

Rule 60(b)(4) Voidness Is Limited to Jurisdictional or Due-Process Defects; “Non-Party” Filings and Attorney Conflicts (If Unraised) Do Not Void the Judgment 1. Introduction In Stacy Terry v. Matthew...

United States v. Joshua Martinez: No Bruton Violation for Indirectly Inculpatory Codefendant Statements, and Failure to Object Triggers Plain-Error Review

Date: Apr 29, 2026

No Bruton Violation for Indirectly Inculpatory Codefendant Statements, and Failure to Object Triggers Plain-Error Review (11th Cir.) Case: United States v. Joshua Martinez (with Florence Louise Beck...

MDLEA Jurisdiction in Foreign EEZs: “High Seas” Includes EEZs; Statelessness by Silence; Joint Interdiction with Foreign Allies Does Not Defeat Jurisdiction

Date: Apr 29, 2026

MDLEA Jurisdiction in Foreign EEZs: “High Seas” Includes EEZs; Statelessness by Silence; Joint Interdiction with Foreign Allies Does Not Defeat Jurisdiction I. Introduction This consolidated Eleventh...

EEZ as “High Seas” and Silence as Statelessness Under the MDLEA

Date: Apr 29, 2026

EEZ as “High Seas” and Silence as Statelessness Under the MDLEA I. Introduction In United States v. Tony Rafael Henriquez (consolidated with appeals by Jose Antonio Acosta-Pinedo and Julio Javier...

Contemporaneous-Objection Preservation of Bruton Claims and the “Facially Incriminating” Limit: United States v. Beck

Date: Apr 29, 2026

Contemporaneous-Objection Preservation of Bruton Claims and the “Facially Incriminating” Limit 1. Introduction United States v. Philip Beck (11th Cir. Apr. 28, 2026) is an unpublished per curiam...

Upward “Variance,” Not Guidelines “Departure”: No U.S.S.G. § 4A1.3 Findings Required When the District Court Moves Above the Plea-Range Based on § 3553(a)

Date: Apr 29, 2026

Upward “Variance,” Not Guidelines “Departure”: No U.S.S.G. § 4A1.3 Findings Required When the District Court Moves Above the Plea-Range Based on § 3553(a) 1. Introduction In United States v. Ernest...

Clear-Error Deference Governs § 3E1.1 Acceptance-of-Responsibility Determinations Even on Undisputed Facts

Date: Apr 29, 2026

Clear-Error Deference Governs § 3E1.1 Acceptance-of-Responsibility Determinations Even on Undisputed Facts United States v. Jaylen Simpson (6th Cir. Apr. 27, 2026) Appeal from the Western District of...

Rule 4(m) Dismissal Without Prejudice Does Not Create a “Prevailing Party” for Fla. Stat. § 57.105(7) Fee Reciprocity

Date: Apr 29, 2026

Rule 4(m) Dismissal Without Prejudice Does Not Create a “Prevailing Party” for Fla. Stat. § 57.105(7) Fee Reciprocity Case: U.S. Bank National Association v. Fernando V. Rivabem (11th Cir. Apr. 27,...

Proximity-and-Extensive-Use Rule on Plain-Error Review for U.S.S.G. § 2D1.1(b)(1) and § 2D1.1(b)(12) Enhancements

Date: Apr 29, 2026

Proximity-and-Extensive-Use Rule on Plain-Error Review for U.S.S.G. § 2D1.1(b)(1) and § 2D1.1(b)(12) Enhancements 1. Introduction In United States v. David Kennedy (11th Cir. Apr. 27, 2026)...

MDLEA Jurisdiction Reaffirmed: Foreign EEZ Treated as “High Seas,” Silence on Nationality Creates Statelessness, and Allied Interdiction Does Not Defeat U.S. Prosecution

Date: Apr 29, 2026

MDLEA Jurisdiction Reaffirmed: Foreign EEZ Treated as “High Seas,” Silence on Nationality Creates Statelessness, and Allied Interdiction Does Not Defeat U.S. Prosecution Introduction In United States...

Upward Variances for Threats Against Federal Judges May Rest on Seriousness and Deterrence Even When Guideline Enhancements Apply

Date: Apr 29, 2026

Upward Variances for Threats Against Federal Judges May Rest on Seriousness and Deterrence Even When Guideline Enhancements Apply Case: United States v. Stephen Thorn (11th Cir. Apr. 27, 2026) (per...

Stream-of-Benefits Bribery in the Seventh Circuit: Specific “Official Act” Matter Required, and “Corruptly” Means Knowing the Payment Is a Bribe Under § 666

Date: Apr 29, 2026

Stream-of-Benefits Bribery in the Seventh Circuit: Specific “Official Act” Matter Required, and “Corruptly” Means Knowing the Payment Is a Bribe Under § 666 I. Introduction United States v. Michael...

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