Case law

United States v. Anthony Alexander Bridgewater

407 F. App'x 398 · Court of Appeals for the Eleventh Circuit · Jan 4, 2011

Bridgewater next argues that the Government failed to establish by a preponderance of the evidence that Bridgewater qualified for a life sentence under § 841(b)(1)(A). … Therefore, Bridgewater failed to establish plain error, and we affirm on this ground. AFFIRMED. 7

United States v. Ronald Roscoe

Court of Appeals for the Eleventh Circuit · Apr 23, 2021

So only one of the two instances described in Roscoe’s comments to Emma need qualify to trigger the pattern enhancements. … As we’ve explained above, the same conduct may qualify as both “sexual abuse or exploitation” and “prohibited sexual conduct.”

Ishmahil Barrie v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Feb 19, 2026

Barrie also asserted that the offenses of his 2014 D.C. convictions did not qualify as aggravated felonies. … The IJ found that Barrie was not entitled to CAT relief because he failed to establish that it was more likely than not that he would be tortured if he was removed to Sierra Leone.

Arlene Keller, as Personal Representative of the Estate of Gerald D. Keller v. The Miami Herald Publishing Co., a Florida Corporation, Arlene Keller, as Personal Representative of the Estate of Gerald D. Keller v. The Miami Herald Publishing Co., a Florida Corporation, and Knight-Ridder Newspapers, Inc., a Florida Corporation

778 F.2d 711 · Court of Appeals for the Eleventh Circuit · Dec 19, 1985

Finally, the medium in which the statement was expressed clearly signaled to its readers that the statement was merely an opinion. … Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974), the Supreme Court suggested that the first amendment immunizes statements of pure opinion from defamation suits, because unlike statements of fact,

Britt Green Trucking, Inc. v. FedEx National LTL, Inc.

511 F. App'x 848 · Court of Appeals for the Eleventh Circuit · Feb 28, 2013

“A promise, no matter how slight, qualifies as consideration if the promisor agrees to do something that he or she is not already obligated to do.” Palm Lake Partners II, LLC v. … Since the ELOCs clearly called for written notice to terminate, however, oral communications may not be material to the breach of contract issue according to Florida law.

Ivonne E. Galdames vs N & D Investment Corp.

432 F. App'x 801 · Court of Appeals for the Eleventh Circuit · Jun 23, 2011

Indeed, facts judicially admitted are facts established not only beyond the need of evidence to prove them, but beyond the power of evidence to controvert them.” … First, they argue that the district court erred in concluding that plaintiff Osorio did not qualify for the “executive exemption” to the FLSA. 29 C.F.R. § 541.100.

United States v. Snipes

611 F.3d 855 · Court of Appeals for the Eleventh Circuit · Jul 16, 2010

The district court did not clearly err in finding the evidence was sufficient to establish that the subpoena was related to the charged tax offenses. … The party challenging a sentence has the burden of establishing that it was unreasonable. United States v.

United States v. Esnel Isnadin

Court of Appeals for the Eleventh Circuit · Feb 14, 2014

The court explicitly found that it would not hold as a general rule that once entrapment occurred, a defendant’s subsequent acts are immunized from culpability. … According to Gustama, the jury’s question during deliberations “clearly” meant the jurors “had unanimously found entrapment” and that their not guilty verdict as to four of the six counts is proof of that finding.

United States v. Raheem Morrissette

Court of Appeals for the Eleventh Circuit · Dec 3, 2025

Bruen emphasized that Heller established the correct test for determining the constitutionality of gun re- strictions. See id. at 26. … and as clearly excluding felons from those categories by referring to felon-in-pos- session bans as presumptively lawful.”

United States v. Manuel Velez-Acosta

Court of Appeals for the Eleventh Circuit · Feb 27, 2024

Second, the district court did not plainly err in admitting the IONSCAN evidence as the Defendants have not pointed to any rule or caselaw clearly establishing that IONSCAN evidence gathered in such … As such, he was qualified to testify as an expert witness and therefore permitted to rely upon facts which he had been made aware of for the case.

Karastan Edwards v. U.S. Attorney General

97 F.4th 725 · Court of Appeals for the Eleventh Circuit · Mar 6, 2024

DENIAL OF WITHHOLDING OF REMOVAL ISSUE To qualify for withholding of removal, Edwards must show that if he returned to Jamaica his life or freedom would be threat- … on point” and “clearly contrary” to the panel precedent.

United States v. Nathaniel Broughton

Court of Appeals for the Eleventh Circuit · Apr 17, 2026

court committed any significant procedural error, such as miscalculating the advisory guideline range . . . , fail- ing to consider the 18 U.S.C. § 3553(a) factors, selecting a sentence based on clearly … A party arguing a sentence is unreasonable bears “the burden of establishing the sentence is unreasonable in light of the record and the § 3553(a) factors.” United States v.

Construction Aggregate Transport, Inc. v. Florida Rock Industries, Inc.

710 F.2d 752 · Court of Appeals for the Eleventh Circuit · Jul 29, 1983

Such is clearly not the law in this circuit. See Terrell v. … Should plaintiff choose to pursue a tying theory, and produce sufficient evidence to warrant same, a qualified “per se” instruction would be appropriate.

Continental Illinois Corporation, Cross v. Gerald A. Lewis, in His Official Capacities as Comptroller of the State of Florida and Head of the Department of Banking of the State of Florida, Cross-Appellee. Continental Illinois Corporation and William D. Plechaty, Plaintiffs v. Gerald A. Lewis, in His Official Capacity as Comptroller of the State of Florida and Head of the Department of Banking of the State of Florida

827 F.2d 1517 · Court of Appeals for the Eleventh Circuit · Sep 22, 1987

While in-state bank holding companies are also precluded from establishing ISBs, they have the alternative of establishing traditional banks and thereby gaining access to Florida deposits. 6 In fact, we must assume that in-state … Florida ISBs are clearly not banks. Although they are authorized to make commercial loans, they may not take demand deposit accounts.

United States v. John Allen Root

296 F.3d 1222 · Court of Appeals for the Eleventh Circuit · Jul 10, 2002

The government established, based on Root’s instant messages and confession, that he'traveled in interstate' commerce for the purpose of engaging in criminal sexual activity with a person under age 18. … We review the district court’s interpretation of the Sentencing Guidelines de novo, although we must accept its factual findings unless they are clearly erroneous. United States v.

Curfew Davis v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center

721 F.2d 1478 · Court of Appeals for the Eleventh Circuit · Mar 6, 1984

Sparks, supra; however, the use of such lists does not establish as a conclusive fact that a true cross-section of the community is being drawn. … KENDALL: Your Honor, we submit that this juror is qualified. THE COURT: Excused for cause. You may get out. R.Vol. 11 at 25-31. . See R.Vol. 11 at 45-46; Vol. 8 at 99-100. . R.Vol. 1 at 207-10. .

Guyana Telephone & Telegraph Co. v. Melbourne International Communications, Ltd.

329 F.3d 1241 · Court of Appeals for the Eleventh Circuit · May 7, 2003

Therefore, for GT&T to prevail on its argument, the Florida legislature must have clearly intended retroactive application. … The contract between GT&T and AT&T is only relevant in helping to establish the market price for calls from the United States to Guyana. .

United States v. Jimmy Diggs

Court of Appeals for the Eleventh Circuit · Nov 6, 2025

Here, Diggs contends that his Florida convictions do not qualify as serious drug offenses because Florida’s cocaine definition was broader than the federal definition. … We explained that the defendant had not identified any authority demonstrating that Florida’s cocaine definition was clearly overbroad, and thus, the de- fendant had not met his burden to show plain error

Norfolk County Retirement System v. Health Management Associates, Inc.

608 F. App'x 855 · Court of Appeals for the Eleventh Circuit · May 11, 2015

It requires that plaintiffs establish a causal link between a defendant’s misconduct and the economic loss that they have suffered. … Instead, they may establish loss causation by showing that fraud was gradually revealed through a series of “partial disclosures.”

Kenneth T. Blaylock v. United States Merit Systems Protection Board

851 F.2d 1348 · Court of Appeals for the Eleventh Circuit · Aug 10, 1988

The Hatch Act stops party bosses from using government employees to establish their party irremovably in power. … It is time for our union to speak, and to speak clearly. As your president, I need your help and guidance.