Case law

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  • United States v. Marc Kramer, August Zona, Charles Clayton Stevens, United States of America v. James J. Marren, United States of America v. Benjamin Barry Kramer

    943 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Oct 11, 1991

    sufficient to establish his guilt. … We cannot say that the district court's finding that Marc Kramer obstructed justice was clearly erroneous.

    Cited 0 timesPublished
  • United States v. Nelson Italiano

    837 F.2d 1480 · Court of Appeals for the Eleventh Circuit · Feb 22, 1988

    Among other purposes identified in section 521 are both the establishment of franchise procedures and standards and the establishment of guidelines for the exercise of Federal, State and local authority with respect to the … These statutes, in concert with the fiduciary duty doctrine, clearly establish that both the county and the public were deprived of “money,” and Count Four of the indictment, which incorporated by reference the bribery statute

    Cited 24 timesPublished
  • United States v. Willard M. Corbin, Sr., Gary Bruce "Buddy" Ellison, Carl Ellison, Duane Leslie Levingston, Thurman J. Corbin, United States of America v. Sampson Brewer Webb, David Brewer Webb and Robert Colin Kelly, D/B/A Colin Kelly

    734 F.2d 643 · Court of Appeals for the Eleventh Circuit · Jun 18, 1984

    The prejudice flowing from a joint trial must be "clearly beyond the curative powers of a cautionary instruction." United States v. … Stewart if he had shot one Herbert Patterson in January of 1980, and whether his "deal" with the government would immunize him from prosecution in connection with such an incident.

    Cited 0 timesPublished
  • United States v. James A. Adams, United States of America v. Otto J. Runkel, United States of America v. Buddy Davis A/K/A Indian Philip Cohron Joe Wayne Jones and James A. Adams

    1 F.3d 1566 · Court of Appeals for the Eleventh Circuit · Sep 22, 1993

    Whether the evidence established multiple conspiracies instead of only one. 1 III. DISCUSSION A. … "To qualify as harmless, an error must not contribute to the defendant's conviction." Owen, 849 F.2d at 540 .

    Cited 1 timesPublished
  • Fortner v. Secretary, Department of Corrections

    315 F. App'x 853 · Court of Appeals for the Eleventh Circuit · Feb 25, 2009

    Where a claim was adjudicated on the merits in state court, federal courts may not grant habeas relief unless the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established … A state court decision is “contrary to” clearly established federal law if either (1) the state court applied a rule that contradicts the governing law set forth by Supreme Court case law, or (2) when faced with

    Cited 0 timesUnpublished
  • Derrick G. Carmichael v. United States

    Court of Appeals for the Eleventh Circuit · Mar 29, 2022

    So he turns instead to the second path, seeking to establish that case law at the time he was sentenced in 2009 made it obvious that an aggravated assault in violation of Georgia law qualified as a violent felony only under … Still, Carmichael has failed to show that he was sentenced under the residual clause, because he has pointed to no binding precedent existing at the time of his sentencing that clearly established that his aggravated assault

    Cited 0 timesUnpublished
  • Wesch v. Folsom

    6 F.3d 1465 · Court of Appeals for the Eleventh Circuit · Oct 27, 1993

    Sec. 2284 , a three-judge panel was convened to hear the case. 3 On December 4, 1991, Appellants Michael Figures and Joseph Mitchell ("Figures") moved to intervene on behalf of themselves and all qualified electors who were … The federal court judgment in Wesch is clearly res judicata as to both of these claims.

    Cited 29 timesPublished
  • United States v. Wilmar Mosquera

    Court of Appeals for the Eleventh Circuit · Mar 27, 2026

    And it explains when a boat qualifies as a vessel without nationality. Id. § 70502(d). … As to these two consti- tutional challenges, we conclude summary affirmance is appropri- ate because the government’s position is clearly correct as a matter of law.

    Cited 0 timesUnpublished
  • United States v. Ross

    131 F.3d 970 · Court of Appeals for the Eleventh Circuit · Dec 19, 1997

    Ross's act of diverting the GNL loan funds from their intended purpose clearly furthered the conspiracy. … It is contrary to well established law.

    Cited 143 timesPublished
  • United States v. Ronald Eugene McClain

    252 F.3d 1279 · Court of Appeals for the Eleventh Circuit · May 31, 2001

    We find no qualifying language in section 3B1.4 reserving the enhancement for defendants who knew that the person drawn into their criminal activity was a minor. … "In 1984, Congress created the Commission, charging it with 'establishing] sentencing policies and practices for the Federal criminal justice system.' 28 U.S.C. § 991 (1985).

    Cited 0 timesPublished
  • Giardiello v. Balboa Insurance

    837 F.2d 1566 · Court of Appeals for the Eleventh Circuit · Feb 26, 1988

    Balboa’s motion to dismiss was denied (and its appeal on the question certified) because the court was uncertain whether an employer’s surety qualified as an employer under ERISA and believed there were implications in precedent … To the extent the district court has weighed the evidence and resolved the facts — as it is permitted to do with respect to issues of subject matter jurisdiction — vie accept these facts unless they are clearly erroneous.

    Cited 1 timesPublished
  • Jorge E. Arriaga v. Florida Pacific Farms, L.L.C.

    305 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Sep 11, 2002

    No. 99-603, 100 Stat. 3359 (codified as amended in scattered sections of 8 U.S.C.), the H-2A program was established. See U.S.C. § 1188. … the United States for temporary agricultural employment are prescribed by the H-2A 1 In addition to searching for domestic workers before gaining DOL certification, agricultural employers must hire any qualified

    Cited 118 timesPublished
  • Michael F. Braun v. Soldier of Fortune Magazine, Inc. And Omega Group, Ltd., Michael F. Braun and Ian Braun v. Soldier of Fortune Magazine, Inc. And Omega Group, Ltd.

    968 F.2d 1110 · Court of Appeals for the Eleventh Circuit · Aug 13, 1992

    Duty Under Georgia Law 18 To prevail in an action for negligence in Georgia, a party must establish the following elements: 19 (1) A legal duty to conform to a standard of conduct raised by the law for the protection of others … protected speech, we observe that the Supreme Court has squarely rejected the notion that the First Amendment interest in protected speech requires that "publishers and broadcasters enjoy an unconditional and indefeasible immunity

    Cited 0 timesPublished
  • United States v. Frank Defilippo

    596 F. App'x 849 · Court of Appeals for the Eleventh Circuit · Jan 7, 2015

    More than one person can qualify as an organizer or leader of a criminal conspiracy. U.S.S.G. § 3B1.1 cmt. n.4; Esquenazi, 752 F.3d at 938. … The district court did not clearly err in applying a § 3B1.1(a) role enhancement to Defilippo.

    Cited 1 timesUnpublished
  • Malik Douglas v. DeKalb County, Georgia

    308 F. App'x 396 · Court of Appeals for the Eleventh Circuit · Jan 23, 2009

    identify a similarly situated officer of any ethnic or racial background who was disciplined less harshly than he. 4 Indeed, as this Court has found no constitutional violation, we need not consider the qualified … immunity issue. 9

    Cited 1 timesUnpublished
  • Solomon v. Liberty County Comrs.

    166 F.3d 1135 · Court of Appeals for the Eleventh Circuit · Feb 3, 1999

    We do not find that the district court clearly erred in rendering its finding on Senate Factor 5. … Appellees point to four portions of the record that they contend support the district court’s finding: (1) testimony that “blacks have frequently not known nor asked about alternatives to paying qualifying fees”; (2) Solomon

    Cited 0 timesPublished
  • United States v. Charles Carroll

    Court of Appeals for the Eleventh Circuit · Oct 19, 2021

    Summary disposition is appropriate where “the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case, or where, as is more frequently … The application notes to § 1B1.13 establish four categories of circumstances in which “extraordinary and compel- ling reasons” for a sentence reduction exist: (1) qualifying medical conditions, (2) advanced age, (3) family

    Cited 0 timesUnpublished
  • Mike Mercer v. Davis & Berryman International

    834 F.2d 922 · Court of Appeals for the Eleventh Circuit · Dec 21, 1987

    Mercer's selection of D & B could thus have constituted new and valuable consideration; it clearly qualified as an "act of the plaintiff from which the defendant derived a pecuniary benefit." Files v. … This testimony alone was sufficient to establish Mercer's reliance on the promise, and although it left the amount of damages in question, as we will discuss later, it also established that Davis' promise caused Mercer to

    Cited 0 timesPublished
  • United States v. Michael Cole

    Court of Appeals for the Eleventh Circuit · May 7, 2024

    Thus, as in Diaz-Calderone, the district court’s finding was “not clearly erroneous” because the court had “a sufficient basis” to USCA11 Case: 21-10733 Document: 43-1 Date Filed: 05/07/2024 Page: 10 … plea col- loquy established that he “‘repeatedly hit and struck’ his victim, leaving visible ‘injuries’”).

    Cited 0 timesUnpublished
  • Cecile Barker v. Commissioner of Internal Revenue

    Court of Appeals for the Eleventh Circuit · Apr 27, 2021

    Here, the Tax Court did not clearly err in finding that Barker failed to substantiate his claimed NOL deduction in 2011. … The witnesses’ testimony did not fill in these gaps, and SoBe’s tax returns could not, by themselves, establish those losses. See Roberts, 62 T.C. at 837.

    Cited 0 timesPublished

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