Case law

United States v. Joseph Newton, Eddie Gregory Batten, Robert Moss, Jr., John Brown, Jr., Grady D'Vaughn Reddick, Sean Jackson, Robert Jivens, Willie Lee Palmer, Sr., United States of America v. Robert Moss, Jr., United States of America v. Grady D'Vaughn Reddick

44 F.3d 913 · Court of Appeals for the Eleventh Circuit · Jan 30, 1995

Standard of Review. 17 Sentencing issues present predominantly factual issues which are reviewed under a clearly erroneous standard. 18 U.S.C. Sec. 3742 (e); United States v. … Immunized coconspirator Jerome Richardson consented to the DEA's placing audio and video bugging devices in a southside Savannah apartment the task force obtained for him 3 The court directed a verdict of acquittal for Robert

Jack E. Fields, Mary S. Fields, Martin Amundson v. Sarasota Manatee Airport Authority

953 F.2d 1299 · Court of Appeals for the Eleventh Circuit · Feb 18, 1992

court litigants who are forced to pursue state court proceedings in order to satisfy exhaustion requirements imposed by federal law incident to a takings clause claim are “involuntarily” in the state courts, and therefore qualify … Thus, the district court’s finding that the Florida courts considered and decided the homeowner’s federal claim, Fields, 755 F.Supp. at 381 , was clearly erroneous.

United States v. Travis Lamont Smith

Court of Appeals for the Eleventh Circuit · Mar 24, 2025

However, if a defendant otherwise establishes that extraordi- nary and compelling reasons warrant a sentence re- duction under this policy statement, a change in the … Hence, by the time Smith filed his § 3582(c)(1)(A) motion, the text of the Guideline at issue in Dupree had been amended to provide, clearly, that his drug conspiracy conviction was a controlled substance

James Allyson Lee v. GDCP Warden

987 F.3d 1007 · Court of Appeals for the Eleventh Circuit · Feb 11, 2021

He qualified this chilling statement by saying that he “wouldn’t go out and do it” and he pointed out that he had not killed anyone besides Chancey, even when he’d had the opportunity. … A state court’s decision is “contrary to” clearly established federal law if the state court either reaches a conclusion opposite to the Supreme Court of the United States on a question of law or reaches a different outcome

Owner-Operator Independent Drivers Ass'n v. Landstar System, Inc.

622 F.3d 1307 · Court of Appeals for the Eleventh Circuit · Sep 3, 2008

Accordingly, the Court finds that Plaintiff’s have failed as a matter of law to establish damages sustained as a result of Defendants’ violation of Section 376.12(h). … Mo. 2002) (“Although disgorgement is an equitable 33 remedy, it does not qualify as injunctive relief.”), aff’d 339 F.3d 1001 (8th Cir. 2003), cert. denied, 541 U.S. 973 (2004

Patricia Kennedy v. Floridian Hotel, Inc.

998 F.3d 1221 · Court of Appeals for the Eleventh Circuit · May 27, 2021

She must therefore demonstrate a real and immediate threat of future injury to establish standing. 3 B. … Without such information, the court did not clearly err in finding Kennedy’s tracking system did not give rise to sufficiently definite intent to return to the Hotel.

Christina Paylan, M.D. v. Pamela Bondi

Court of Appeals for the Eleventh Circuit · Feb 17, 2021

P. 12(b)(6), and later entered summary judgment in Devage’s favor based on qualified immunity. … The district court also did not err by granting summary judgment based on qualified immunity in favor of Devage and against Paylan’s complaint that the deputy invaded her privacy.

United States v. Louis Paiva, Jr.

Court of Appeals for the Eleventh Circuit · Jul 19, 2023

“Regarding the second prong of the test, such error must be so clearly established and obvious that it should not have been permitted by the trial court even absent the defendant’s timely assistance in … Despite receiving thousands of dollars under the Pandemic Emergency Unemployment Compensation program, Paiva did not clearly and obviously qualify for the unemployment benefits.

Dowd v. International Longshoremen's Ass'n

975 F.2d 779 · Court of Appeals for the Eleventh Circuit · Oct 15, 1992

BIRCH, Circuit Judge: In this case we must decide whether an American labor union which induces a foreign union to pressure foreign importers engaged in commerce, with the purpose and effect of establishing a secondary boycott … Further, the pressure by the Japanese Unions clearly was exerted on behalf of ILA.

United States v. Vanja Abreu

976 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Oct 1, 2020

Irey, 612 F.3d 1160, 1246 (11th Cir. 2010) (en banc) (Tjoflat, J., concurring in part) (“[A] district court can abuse its discretion by making a clearly erroneous factfinding.”). … Abreu had two ways of establishing her innocence.

Nord v. United States Steel Corp.

758 F.2d 1462 · Court of Appeals for the Eleventh Circuit · Apr 25, 1985

Unit A 1981): Once a plaintiff in a Title VII case has established a prima facie case and established what he or she contends to be the damages resulting from the discriminatory acts of the employer, the burden of producing … Rather than continue this fruitless search she sought to establish secure future employment. Cf. Brady v.

John Dillard v. Baldwin County Commissioners

225 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Sep 8, 2000

See Complaint, ¶ 14 (alleging that “Plaintiff-Intervenors . . . are residents, citizens, and qualified electors of Baldwin County, Alabama. … The Eleventh Amendment protects state sovereign immunity in federal courts. See Idaho v. Coeur D’Alene Tribe of Idaho, 521 U.S. 261, 267, 117 S.Ct. 2028, 2033, 138 L.Ed.2d 438 (1997).

Finest Meridor v. U.S. Attorney General

891 F.3d 1302 · Court of Appeals for the Eleventh Circuit · Jun 7, 2018

Meridor moved for reconsideration, but before the IJ ruled on his motion, Meridor retained new counsel who believed that Meridor might be able to qualify for a U visa1 and therefore be able to stay in the United States. … To obtain a U visa, foreign nationals must establish that they have “suffered substantial physical or mental abuse,” that they possess “information concerning criminal activity,” and that they have been “helpful” to law enforcement

James Alexander Logan v. Edward Hall

604 F. App'x 838 · Court of Appeals for the Eleventh Circuit · Mar 20, 2015

that an in forma pauperis action shall be dismissed at any time if it (1) is frivolous or malicious, (2) fails to state a claim on which relief may be granted, or (3) seeks monetary relief against a defendant who is immune … While the phrase “greater than de minimis” has not been clearly defined, we have held that the injury need not be significant. Id. at 1286.

United States v. Philip N. Antico

934 F.3d 1278 · Court of Appeals for the Eleventh Circuit · Aug 14, 2019

He argued that his use of the Taser did not qualify as aggravated assault because he lacked the intent to cause bodily injury to J.B. … But the jury was entitled to find that Antico’s use of these qualifying phrases was misleading because he was not communicating everything that he knew.

Joe Harry Pegg v. United States

253 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Jun 12, 2001

The district court qualified the plea and went through a few questions that were meant to show Pegg's waiver of Sharp's conflict of interest. … Furthermore, the reasoning of Pegg's attorneys' collective recommendation for Pegg to plead guilty is clearly supported by the record.

United States v. Lizarraga-Caceres

311 F. App'x 235 · Court of Appeals for the Eleventh Circuit · Feb 9, 2009

err by finding that he did not qualify for a minor-role reduction. … err by finding that he did not qualify for a mitigating-role reduction.

Commissioner v. Neal

557 F.3d 1262 · Court of Appeals for the Eleventh Circuit · Feb 10, 2009

the [tax] court’s decision to grant or deny equitable relief for abuse of discretion, reviewing underlying questions of law de novo and findings of fact upon which the decision to grant equitable relief was made under the clearly … If a requesting spouse does not qualify for relief under § 4.02, she may still qualify for relief under § 4.03, which sets forth a partial, non-exhaustive list of factors, no one of which is determinative. 19 *1277 Some factors

United States v. Idris Shamsid-Deen

Court of Appeals for the Eleventh Circuit · Mar 6, 2023

It just allows him to avoid having that conviction used as a qualifying predicate for a § 922(g)(9) charge. … Head, 253 F.3d 1349, 1357 (11th Cir. 2001) (“Where, as here, the evidence does not clearly explain what happened, . . . the party with the burden loses.”).

Michael Arrington v. Thomas Kinsey

512 F. App'x 956 · Court of Appeals for the Eleventh Circuit · Mar 13, 2013

We review de novo a district court’s denial of summary judgment based on qualified immunity, applying the same legal standards that governed the district court. Edwards v. … An “officer may still be shielded from liability because his actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id.