--- title: "United States v. Hemmelgarn" citation: "15 F.4th 1027 (10th Cir. 2021)" authority_id: "AUTH-CA10-HEMMELGARN-15-F4TH-1027" authority_type: "case" jurisdiction: "federal_tenth_circuit" precedential_status: "binding_in_ca10" official_url: "https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110588266.pdf" url: "https://jason93.com/legal/federal-process/authorities/AUTH-CA10-HEMMELGARN-15-F4TH-1027/" legal_review: "2026-08-25" links_checked: "2026-10-15" links_available: 1 links_checked_count: 1 license: "CC BY 4.0" --- # United States v. Hemmelgarn ## Holdings used - The filing prerequisite is a nonjurisdictional claim-processing rule that the government waived by abandoning its exhaustion argument on appeal. ## Material limitation Binding only in the Tenth Circuit and only for the bounded procedural postures in the linked claims. Official published opinion and public full-text mirror reviewed. Only the durable nonjurisdictional and waiver holdings are adopted; no issue-exhaustion or superseded merits proposition is included. A comprehensive commercial citator was not run. ## Official source and pinpoints 15 F.4th 1027 (10th Cir. 2021), 15 F.4th 1030–31: ## Linked claims - `CLM-CIR10-004` ## Used in - [Tenth Circuit Overlay](https://jason93.com/legal/federal-process/modules/95-circuit-overlays/tenth-circuit.md)