Circuit Split Alerter

Whether an image constitutes a “lascivious exhibition” under 18 U.S.C. § 2256(2)(A) only if it depicts a minor’s genitals in a manner connoting sexual desire/willingness (stricter Hillie standard) versus application of the multi-factor Dost test without requiring a sexual come-on.

Whether 18 U.S.C. § 3296 authorizes the government to reinstate counts dismissed under a plea agreement when only the conviction—not the guilty plea—is later vacated on the defendant’s collateral attack.

Whether the Sixth Amendment’s Confrontation Clause creates a pre-trial right to compelled discovery of third-party documents that could help impeach a witness at trial.

What showing is necessary under 18 U.S.C. § 1965(b) for a district court to exercise nationwide service of process and personal jurisdiction over RICO defendants who lack minimum contacts with the forum?

Whether a district court may consider the § 3553(a)(2)(A) retributive factors (seriousness of the offense, promotion of respect for the law, just punishment) when revoking supervised release under 18 U.S.C. § 3583(e).

Whether a conviction for Florida aggravated assault (or analogous state aggravated-assault statutes) qualifies as a "crime of violence" under the elements clause of U.S.S.G. §4B1.2 after Borden v. United States when the statute can be violated with a mens rea no higher than recklessness.

What doctrinal standard governs who has standing to appeal a bankruptcy court order—continued use of the restrictive “person aggrieved” test or alternative approaches such as the zone-of-interests test or abandoning the restriction altogether?

Whether HISA’s delegation of investigative and enforcement powers to the private Horseracing Integrity and Safety Authority violates the private non-delegation doctrine.

Whether Florida aggravated assault under Fla. Stat. § 784.021(1)(a) qualifies as a categorical "crime of violence/violent felony" when the Florida Supreme Court’s later decision in Somers II clarified the required mens rea after the defendant’s conviction—i.e., must that clarification be applied retroactively under the categorical approach.

What body of law governs interpretation (meaning, scope, and applicability) of a contractual forum-selection clause in federal litigation?

Whether, after the Trademark Dilution Revision Act of 2006, a plaintiff asserting federal trade-dress dilution must show a heightened ("identical or nearly identical") degree of similarity between the junior and famous marks, as required by the Sixth Circuit’s pre-TDRA precedent in Autozone, or whether similarity is merely one non-dispositive factor among several, as held by other circuits.

Whether the phrase “resulting from” in 42 U.S.C. § 1320a-7b(g) (Anti-Kickback Statute) requires but-for causation between the alleged kickback and the False Claims Act submission.

Whether the Fair Labor Standards Act (FLSA) permits employees to recover damages for "overtime gap time"—i.e., unpaid straight-time hours worked during weeks in which the employee also worked more than forty hours.

Whether a district court order appointing (or modifying) a federal equity receiver that incorporates a stay of related litigation is an appealable injunction under 28 U.S.C. § 1292(a)(1).

Whether, after New York State Rifle & Pistol Ass’n v. Bruen, § 922(g)(1) remains constitutionally applicable to non-violent or home-based firearm possession by convicted felons.