Case law

United States v. Jorge Cesar Ferretiz-Hernandez

139 F.4th 1286 · Court of Appeals for the Eleventh Circuit · Jun 11, 2025

A burden- shifting regime of this kind would collide head-on with the doc- trine of legislative immunity. Cf. United States v. Brewster, 408 U.S. 501, 526, 92 S. Ct. 2531, 2544 (1972). … I would affirm on the narrow ground that this finding was not clearly erroneous.

United States v. Jesus Rosales-Bruno

789 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Jun 19, 2015

We also decided that the record did not establish that Rosales-Bruno’s 2008 Florida false imprisonment conviction had been under a statutory alternative that qualifies as a crime of violence for purposes of § 2L1.2(b)(l)( … The primary problem with the theory is that the facts established by the undisputed data show that no such signal has been sent or received.

United States v. Williams

643 F. App'x 933 · Court of Appeals for the Eleventh Circuit · Feb 26, 2016

We will not disturb a guilty verdict unless no reasonable trier of fact could have found that the evidence establishes the defendant’s guilt. Howard, 742 F.3d at 1341 ; United States v. … The government must establish drug quantity by a preponderance of the evidence. Id. at 1315 . The district court’s drug-quantity finding was not clearly erroneous.

United States v. Frank Pierre

435 F. App'x 905 · Court of Appeals for the Eleventh Circuit · Jul 28, 2011

Because the district court had broad discretion to believe Roane and Polanco, it did not clearly err in finding that Pierre qualified for the two-level firearm increase. … Accordingly, the district court did not clearly err in finding Pierre played a leadership role and qualified for a four-level enhancement.9 D.

Mitchell v. Farcass

112 F.3d 1483 · Court of Appeals for the Eleventh Circuit · May 6, 1997

The second and third indices of statutory retroactive effect outlined above clearly have no application to this case, and Mitchell makes no argument to the contrary. … Clearly, Congress had a rational basis to believe that the fee requirements of the PLRA would further this objective.

Eric Raymond Williams v. A. Slack

438 F. App'x 848 · Court of Appeals for the Eleventh Circuit · Aug 23, 2011

First, the admitted evidence established that Williams created a disturbance, and “[p]rison guards may use force when necessary to restore order and need not wait until disturbances reach dangerous proportions before responding … Finally, based on our holding that the defendants were entitled to summary judgment, we need not consider their arguments that they were entitled to qualified immunity.

United States v. Charles D. Griggs

735 F.2d 1318 · Court of Appeals for the Eleventh Circuit · Jul 10, 1984

This expansive language was qualified, however, as “especially true when the evidence against a defendant could be contradicted by someone other than himself.” Id. See also United States v. … We may overturn this finding only if clearly erroneous. See United States v. Roper, 681 F.2d 1354, 1359 (11th Cir.1982), cert. denied, 459 U.S. 1207 , 103 S.Ct. 1197 , 75 L.Ed.2d 440 (1983).

Loranger v. Stierheim

3 F.3d 356 · Court of Appeals for the Eleventh Circuit · Sep 28, 1993

Holding that the County Defendants were absolutely immune from suit under Imbler v. Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), the district court dismissed Loranger’s complaint with leave to amend. … Although its balancing test has since been displaced by the lodestar formula, we have expressed our approval of district courts considering the Johnson factors in establishing a reasonable hourly rate.

Scutieri v. Paige

808 F.2d 785 · Court of Appeals for the Eleventh Circuit · Jan 26, 1987

It seems odd that Paige, who the evidence clearly established was responsible for the wiretapping, would conceal Marquez’s presence on the premises if Marquez was there for a purely legitimate and proper reason. … The record does not indicate, however, that he objected to this testimony, asked that Behre be qualified as an expert, or requested that he be allowed to voir dire Behre on his qualifications.

United States v. Carpa

271 F.3d 962 · Court of Appeals for the Eleventh Circuit · Oct 29, 2001

See 28 U.S.C. § 1865(b)(5) (“a person shall be deemed qualified to serve on a grand or petit jury unless he has a charge pending against him for the commission of, or has been convicted in a State or Federal court of record … The district judge had broad discretion to investigate Juror 505, but he never questioned the juror himself and did not establish a sufficient evidentiary record either to determine whether Juror 505 was honest and unprejudiced

Kimberly Agee v. Mercedes-Benz U.S. International, Inc.

646 F. App'x 870 · Court of Appeals for the Eleventh Circuit · Mar 30, 2016

Because Plaintiff could not work overtime with or without an accommodation, she was not a qualified individual under the ADA. 3 Accordingly, Plaintiff fails to establish a prima facie case of disability discrimination. … Defendant clearly told her as much in its May 21, 2012 letter.

Dennis Williams, Jr. v. Social Security Administration, Commissioner

661 F. App'x 977 · Court of Appeals for the Eleventh Circuit · Sep 27, 2016

At this step, an impairment is not considered severe “only if the abnormality is so slight and its effect so minimal that it would clearly not be expected to interfere with the individual’s ability to work, irrespective … The only evidence supporting Williams’s claim that his depression qualified as a severe 4  Case: 15-15252 Date Filed: 09/27/2016 Page: 5 of 5 impairment was

Panicia Da Silva v. U.S. Attorney General

459 F. App'x 838 · Court of Appeals for the Eleventh Circuit · Feb 29, 2012

An interpretation is unreasonable if it is arbitrary, capricious, or clearly contrary to law. Id. Asylum is only available to applicants who prove that they are a “refugee” within the meaning of the INA. … To qualify as a refugee, an alien must show, with specific and credible evidence, past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social

Randall Greer v. Wayne Ivey

Court of Appeals for the Eleventh Circuit · Mar 25, 2019

It is true that we upheld summary judgment in that qualified-immunity case, despite the fact that there, as here, one officer did not see the weapon and the weapon was found in a non-obvious spot. … These counts include the § 1983 claims, because the law was clearly established at the time of Randall’s death that shooting a person who has done nothing threatening and thus never posed an immediate danger violates the

Belinda Saunders v. Emory Healthcare, Inc.

360 F. App'x 110 · Court of Appeals for the Eleventh Circuit · Jan 11, 2010

employees outside of her protected class more favorably than she was treated; and (4) she was qualified to do the job.” … Co., 286 7 F.3d 1270, 1275 (11th Cir. 2002) (requiring plaintiff show that “she applied for and was qualified for an available position” to establish adverse employment action

In re: Cary Michael Lambrix

Court of Appeals for the Eleventh Circuit · Oct 26, 2010

About 1,000 [sic] back near the rear fence Petitioner suddenly came up on the two—Moore/Lamberson had Bryant pinned on the ground, stradled [sic] over her, and was clearly out of control, violently assaulting … Lambrix has established neither prong of § 2244(b)(2)(B).

UNITED STATES of America, Plaintiff-Appellee, v. Floyd McLEAN, Defendant-Appellant

138 F.3d 1398 · Court of Appeals for the Eleventh Circuit · Apr 16, 1998

The record does not clearly demonstrate either the government’s initial theory of admissibility or the court’s rationale for admitting the Gucci Hole evidence. … It explained the relationship between McLean and the confidential informant Barbara and was vital to establishing her credibility.

United States v. 640.00 Acres of Land, More or Less, in the County of Dade, State of Florida and Virginia Land Company, and Unknown Owners

756 F.2d 842 · Court of Appeals for the Eleventh Circuit · Apr 3, 1985

Such cases clearly raise the possibility that the Government was unreasonable in pursuing the litigation. … Nor, in fact, does the standard require the Government to establish that its decision to litigate was based on a substantial probability of prevailing.

United States v. Daniel Enrique Laetividal-Gonzalez, A/K/A "Ki Ki" and Gonzalo Ocampo, United States of America v. Shirley Brown, United States of America v. Luis Felipe Gonzalez, United States of America v. Luis Miguel Rosares-Martinez, Gonzalo Ocampo v. United States

939 F.2d 1455 · Court of Appeals for the Eleventh Circuit · Aug 27, 1991

Secs. 846 and 963 were amended to clearly require the same mandatory minimum penalties without parole for both conspirators and substantive offenders. … Clearly, then Rosales-Martinez had the required opportunity to rebut or cast doubt on any evidence gathered from the trial of his co-defendants.

Greenberg v. National Geographic Soc.

497 F.3d 1213 · Court of Appeals for the Eleventh Circuit · Jun 30, 2008

The economic inquiry is clearly not the question. … To succeed, the CNG must qualify for the protection of the privilege extended by § 201(c).