Circuit Split Alerter

Whether a defendant's pre-majority conduct may serve as a predicate/overt act in an adult RICO or other continuing-crime prosecution despite the procedural protections of the Federal Juvenile Delinquency Act (18 U.S.C. § 5032).

Whether institutional negligence that allows repeated acts of sexual abuse constitutes one 'occurrence' or multiple 'occurrences' under excess-liability insurance policies that define an occurrence as 'an accident, including continuous or repeated exposure to substantially the same general harmful conditions.'

Whether the § 2K2.1(b)(7)(B) (formerly § 2K2.1(b)(6)(B)) enhancement applies when the defendant possesses a firearm obtained during the same felony (e.g., burglary) without any separate, subsequent felony conduct.

Whether the Government must designate all ACCA predicate convictions (or timely object to omissions) in the presentence report under Rule 32(f), or may rely on previously-undesignated convictions raised for the first time at (or even after) sentencing so long as the defendant receives some notice and opportunity to respond.

Whether Section 230(c)(1) pre-empts state laws that impose liability on social-media platforms for their content-curation or filtering duties (i.e., treating those duties as publisher conduct).

Whether the § 2K2.1(c)(1)(B) cross-reference in the U.S. Sentencing Guidelines applies only when the firearm involved in the other offense is expressly 'cited in the offense of conviction' (i.e., identified in the indictment or information).

Whether 18 U.S.C. § 922(g)(1) is constitutional as applied to individual felons after N.Y. State Rifle & Pistol Ass’n v. Bruen and, if not, what analytical test governs the as-applied inquiry.

Whether a surreptitious video of a minor engaged in seemingly innocent activity (e.g., dressing) can qualify as a "lascivious exhibition" under 18 U.S.C. §2256(2)(A)(v) based on the producer’s intent, even when the recording does not overtly depict sexual acts.

Whether Sentencing Guideline § 2K2.1(b)(4)(B) applies when a firearm’s serial number is only partially obliterated or ‘less legible,’ rather than completely illegible.

Whether a defendant preserves a Federal Rule of Criminal Procedure 32(i)(1)(A) objection merely by stating during allocution that counsel did not review the presentence investigation report with him, thereby triggering harmless-error review, or whether a separate, formal objection is required, triggering plain-error review on appeal.

Whether the National Labor Relations Board has statutory authority under the National Labor Relations Act to impose the irrebuttable one-year "successor bar," which compels a successor employer to recognize and bargain with an incumbent union even if the union lacks majority employee support.

Whether the sentencing disparity created by a non-retroactive change in sentencing law can constitute an "extraordinary and compelling reason" for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i).

Proper pleading framework for Title IX claims challenging university disciplinary actions—whether plaintiffs must fit their allegations into specific doctrinal categories (erroneous-outcome, selective-enforcement, deliberate-indifference) or may proceed under a straightforward plausibility standard without categorical tests.

Whether an omission from an official record must be material in order to constitute a violation of 18 U.S.C. § 1519.

Whether state laws that ban civilian possession of AR-15-style semiautomatic rifles and/or magazines capable of holding more than ten rounds violate the Second Amendment after N.Y. State Rifle & Pistol Ass’n v. Bruen.