Case law

United States v. Sharon Saunders

318 F.3d 1257 · Court of Appeals for the Eleventh Circuit · Jan 23, 2003

, 225 F.3d at 65 (defendant admitted fencing operation); Cottman, 142 F.3d at 167 (“The preponderance of the evidence here clearly establishes that Cottman filled a ‘fencing’ role . . . .”); Zuniga, 66 F.3d at 229 (“The district … Here, the court did not depart from the guidelines range and clearly resolved all disputed factual issues in favor of the PSR.

Mitten ex rel. Mitten v. Muscogee County School District

877 F.2d 932 · Court of Appeals for the Eleventh Circuit · Jul 20, 1989

Thus, if the appellants can establish that they were the prevailing parties in their administrative challenge to the school district’s determination, they may recover their attorney’s fees and costs in pursuing that challenge … IV 1986), provides, in pertinent part, that: [i]n order to qualify for assistance under this subchapter in any fiscal year, a State shall *934 demonstrate to the Commissioner that the following conditions are met: (1) The

United States v. Brandon Romel Dupree

57 F. 4th 1269 · Court of Appeals for the Eleventh Circuit · Jan 18, 2023

conviction serving as his third qualifying offense he could not be sentenced as a career offender. … Cir. 2018) (“Section 4B1.2(b) presents a very detailed ‘definition’ of con- trolled substance offense that clearly excludes inchoate offenses.”).

Cory D. Ex Rel. Diane D. v. Burke County School District

285 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Mar 18, 2002

As such, he qualifies for special education and related services under the IDEA. See generally 20 U.S.C. §§ 1411-1427. Appellant receives his services through the Burke County School District. … This potential for indefinite lingering clearly runs afoul of the IDEA’s objectives. III.

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.”).

United States v. De Varon

136 F.3d 740 · Court of Appeals for the Eleventh Circuit · Mar 3, 1998

S., 549 F.2d 1338, 1341 (9th Cir. 1977) (“These two findings are inconsistent and one must fall as clearly erroneous.”). … The district court also indicated that the uncorroborated testimony of a courier alone is insufficient to establish role.

United States v. De Varon

136 F.3d 740 · Court of Appeals for the Eleventh Circuit · Mar 3, 1998

Instead the court ruled that because the defendant bears the burden of proof in establishing role, De Varon's uncorroborated testimony was either unbelievable or facially insufficient to establish her as a minor participant … U.S., 549 F.2d 1338, 1341 (9th Cir.1977) ("These two findings are inconsistent and one must fall as clearly erroneous.").

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.

April Pipkins v. City of Hoover, Alabama

Court of Appeals for the Eleventh Circuit · Apr 17, 2025

In an excessive force case a qualified expert can testify about matters like the “prevailing standards in the field of law enforcement.” Samples v. … “A mistake or single act of negligence on the part of an employee does not establish incompetency[.]”

United States v. Wyatt Henderson

409 F.3d 1293 · Court of Appeals for the Eleventh Circuit · May 23, 2005

The Supreme Court itself has clearly indicated that reasonable judges can disagree over the reliability of polygraph methodology. … This constitutional Booker error also qualifies as "plain," because "where the law at the time of trial was settled and clearly contrary to the law at the time of appeal-it is enough that the error be `plain' at the time

Bobby Earl Lusk, Cross-Appellant v. Richard L. Dugger, Secretary, Florida Department of Corrections, Cross-Appellee

890 F.2d 332 · Court of Appeals for the Eleventh Circuit · Nov 22, 1989

The evidence relative to Lusk's favorable adjustment to prison life does not qualify as a statutory mitigating circumstance, is not capable of justifying his crime, and would not offset the clearly established statutory aggravating … established statutory aggravating evidence). 9 .

Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton

234 F.3d 1163 · Court of Appeals for the Eleventh Circuit · Dec 18, 2000

In addition to the lack of detrimental reliance by voters on Florida’s previously established election procedures, the record before us is not sufficient to conclude that the district court was clearly erroneous in declining … Stat. § 102.166 , or brought by a candidate, qualified voter, or taxpayer as a contest under Fla. Stat. § 102.168 .

Alice Guan v. Ellingsworth Residential Community Association, Inc.

Court of Appeals for the Eleventh Circuit · Jan 13, 2025

Next, the District Court found that the Bankruptcy Court did not clearly err by finding that Ellingsworth did not act in bad faith. … Instead, the statute allows any entity involved in regular business-like functions—no matter if its primary goal is to earn a profit—to qualify for reorganization under subchapter V.

U.S. Commodity Futures Trading Commission v. Southern Trust Metals, Inc.

880 F.3d 1252 · Court of Appeals for the Eleventh Circuit · Jan 22, 2018

Date Filed: 01/22/2018 Page: 20 of 34 Nor did the district court clearly err in finding that Escobio knew that Berkeley and Hantec did not make any loans to Southern Trust’s customers, even though Southern … But other misrepresentations found by the district court easily qualify as material.

United States v. Wade Anthony Drummond

Court of Appeals for the Eleventh Circuit · Feb 8, 2001

To invoke this exception, however, we have placed the burden on the detainee to establish that the “primary or exclusive purpose of the civil detention was to hold him for future prosecution.” … We are convinced that Drummond’s prior conviction for menacing clearly satisfies the “crime of violence” component of the definition of aggravated felony.

Transcontinental Gas Pipe Line Company, LLC v. Gail Brandon Cochran

910 F.3d 1130 · Court of Appeals for the Eleventh Circuit · Dec 6, 2018

A preliminary injunction is “an extraordinary and drastic remedy not to be granted unless the movant clearly established the burden of persuasion for each prong of the analysis.” Id. (quoting Siegel v. … The district court did not clearly err.

In Re Grand Jury Proceedings the Bank of Nova Scotia. United States of America v. The Bank of Nova Scotia

740 F.2d 817 · Court of Appeals for the Eleventh Circuit · Aug 14, 1984

These cases clearly establish that a country’s obligations to cooperate under the Single Convention are governed by its own domestic law. … The well-established legal system of the United States permits enforcement of grand jury subpoenas under the circumstances of this case.

Damion Hayes v. Secretary, Florida Department of Corrections

10 F.4th 1203 · Court of Appeals for the Eleventh Circuit · Aug 25, 2021

To establish the defense, a defendant bears the burden of proving a number of things by “clear and convincing evidence.” § 775.027(2). … For instance, there may well be cases in which, even assuming some (e)(1)-qualifying error, a petitioner can’t overcome subsection (d)(2) for reasons explained in text.

United States v. Delvin Tinker

14 F.4th 1234 · Court of Appeals for the Eleventh Circuit · Sep 28, 2021

“A dis- trict court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous.” Id. … App’x 234, 237–38 (11th Cir. 2021) (per curiam) (affirming the district court’s denial of compassionate release based on the § 3553(a) factors when it assumed, without deciding, that the movant had established “extraordinary

Sciarrino v. City Of Key West

83 F.3d 364 · Court of Appeals for the Eleventh Circuit · May 16, 1996

In addition, the city established a permitting system for OPC barkers who sought to work on public lands. … (clearly erroneous standard does not apply to determinations of whether regulation directly advances government interest in First Amendment cases). 5 Ms.