In the absence of a circuit split, can a single decision from another circuit afford fair warning that the federal circuit in which an individual resides may overrule settled precedent dictating that his conduct is innocent? The Tenth Circuit approved retroactive application of its decision attaching criminal consequences to conduct that was innocent when it took place. Other circuits have permitted retroactive application only of decisions from this Court that resolved a circuit split existing at the time an offense was committed.

Can a single decision from another circuit afford fair warning that the federal circuit in which an individual resides may overrule settled precedent dictating that his conduct is innocent?