Tenth Circuit Grants Sua Sponte, Initial En Banc Hearing in Direct Federal Criminal Appeal, Prompting A “Dissental” by Two Judges

In an order published today, United States v. Hohn, No. 22-3009 (10th Cir. Jan. 31, 2024), a majority of the active judges of the Tenth Circuit order an en banc initial hearing in a direct federal criminal appeal, raising the prospect of overruling a 1995 panel decision. Two judges, in a separate opinion, express concernContinue reading “Tenth Circuit Grants Sua Sponte, Initial En Banc Hearing in Direct Federal Criminal Appeal, Prompting A “Dissental” by Two Judges”