Michael W. McConnell
How Judge McConnell rules, drawn from 34 signed orders. Every observation links to the order it came from.
Judge McConnell no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge McConnell
Michael W. McConnell was a judge of the United States Court of Appeals for the Tenth Circuit. Appointed by President George W. Bush, Judge McConnell received a commission on November 26, 2002. Judge McConnell resigned on August 31, 2009.
How Judge McConnell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Railroad operations were not enough by themselves to make every state or local rule governing maintenance or its byproducts federally preempted.
“we do not agree that any state or local regulation of such maintenance or disposal of maintenance byproducts is necessarily preempted.”
Internet use facilitated travel for a sentencing enhancement when it made an illicit trip easier by connecting the defendant with people he believed could supply victims.
“Thus, the question is whether Mr. McGraw’s use of the internet made it easier for him to go on his illicit ‘fantasy tour.’”
Procedural preferences
At the motion-to-dismiss stage, the court evaluated the complaint's legal sufficiency rather than the evidentiary truth of its allegations.
“on a motion to dismiss we evaluate the legal, not the factual, basis of the complaint.”
An argument not considered or ruled upon by the district court was not addressed on appeal.
“Since [this] claim was not considered or ruled upon by the district court, we will not address it on appeal.”
Cautions
A plaintiff's subjective feeling that a statute chilled conduct did not establish standing without an objectively supported threat or other concrete injury.
“His unsupported claims of a subjective ‘chill’ are therefore insufficient to support standing.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“In sum, we hold that Ashby’s request for entry of default against Crowley LLC was properly denied prior to the dismissal of the case as a sanction under Rule 37. ... We therefore vacate the order of dismissal and remand for further proceedings, including reconsideration of the issue of sanctions, consistent with the principles discussed herein.”
“we VACATE the district court’s sentence and REMAND”
“The judgment of the district court is AFFIRMED.”
“Accordingly, we AFFIRM Mr. McGraw’s sentence.”
“The judgment of the district court is AFFIRMED.”
“the appeal is DISMISSED for want of”
A historical record
Judge McConnell no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.