Case law

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  • United States v. Terry Carlton Lancaster

    137 F. App'x 316 · Court of Appeals for the Eleventh Circuit · Jun 29, 2005

    The district court did not clearly err when it found that Lancaster was a career offender. … The district court did not clearly err when it denied Lancaster’s request for an additional one-point reduction for acceptance of responsibility.

    Cited 1 timesUnpublished
  • Sarah Jane Underwood v. Rita Harkins

    698 F.3d 1335 · Court of Appeals for the Eleventh Circuit · Oct 18, 2012

    When no Democrat qualified to run in the election, Ms. Harkins became the superior court clerk by having won the Republican primary. The primary contest in which Ms. Underwood and Ms. … We rejected, as clearly erroneous, the district court’s finding that a deputy clerk was a “policymaking” position within the meaning of Elrod .

    Cited 15 timesPublished
  • United States v. Oral Roger Russell

    994 F.3d 1230 · Court of Appeals for the Eleventh Circuit · Apr 15, 2021

    The PSR found that Russell qualified as a career offender under the Sentencing Guidelines. See U.S.S.G. § 4B1.1. … First, Jones makes clear that Russell’s offense—possessing with intent to distribute 50 grams or more of crack cocaine—qualifies as a covered offense. See Jones, 962 F.3d at 1303.

    Cited 21 timesPublished
  • Nimshi L. Ivy v. Florida Department of Corrections

    543 F. App'x 923 · Court of Appeals for the Eleventh Circuit · Oct 30, 2013

    A state court decision can be “contrary to” established federal law in two ways: (1) if the state court applies a rule that contradicts clearly established U.S. … A state court decision is an “unreasonable application” of clearly established federal law if the state court unreasonably applies the correct law to the facts of a case. Id. at 407 , 120 S.Ct. at 1520 .

    Cited 4 timesUnpublished
  • 22 Collier bankr.cas.2d 1304, Bankr. L. Rep. P 73,353 in Re Justice Oaks Ii, Ltd. Chapter 11, Debtor. Bruce Wallis, Kate Wallis v. Justice Oaks Ii, Ltd.

    898 F.2d 1544 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

    The Wallises, as guarantors of Justice Oaks' loan from Park Bank, clearly were parties in interest, 5 and the bankruptcy court, in considering the Wallises' objection, treated them as such. … As we explain in the text, the Wallises did have a sufficient interest in the estate to qualify them as parties in interest.

    Cited 1 timesPublished
  • Ruperto Hernandez Zarate v. U.S. Attorney General

    26 F.4th 1196 · Court of Appeals for the Eleventh Circuit · Feb 18, 2022

    The Government confesses that it is ‘a term that is not clearly defined,’ . . . … Holder, 679 F.3d 1052, 1057 (8th Cir. 2012) (“The Su- preme Court established in [De George] that a crime in which fraud is an element is categorically a CIMT.”); Navarro-Lopez v.

    Cited 8 timesPublished
  • United States v. Cloepha Franks

    Court of Appeals for the Eleventh Circuit · Sep 25, 2025

    Watts clearly took Franks’s threats seriously. … These unrelated messages were neither relevant nor necessary to qualify, explain, or contex- tualize Franks’s later threats to murder Watts.

    Cited 0 timesUnpublished
  • Softball Country Club-Atlanta v. Decatur Federal Savings & Loan Ass'n

    121 F.3d 649 · Court of Appeals for the Eleventh Circuit · Sep 10, 1997

    Plaintiffs' counsel replied that Norman dealt with federal law and that under Georgia law his testimony could establish the propriety of the claim. … Because Plaintiffs have not had an adequate opportunity to address this matter, pursuant to well-established authority, we decline to entertain it. See, e.g., Bigby v.

    Cited 7 timesPublished
  • United States v. Kopituk

    690 F.2d 1289 · Court of Appeals for the Eleventh Circuit · Nov 4, 1982

    The evidence adduced at trial, however, was clearly sufficient to establish that Morales and Kopituk sought out the union officials and willingly agreed to make payoffs in return for lucrative waterfront business. … A reading of the transcript of Teitlebaum’s testimony, however, does not convey any such impression, for his testimony clearly established his own complicity in the criminal enterprise.

    Cited 172 timesPublished
  • United States v. Reginald Anderson

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

    Here, Livingston was qualified to testify as an expert in drug trafficking and distribution, and his testimony was helpful to the jury. … sufficiently established” the defendant’s guilt.

    Cited 0 timesUnpublished
  • Neal Edward Cobb v. City of Roswell, Georgia

    533 F. App'x 888 · Court of Appeals for the Eleventh Circuit · Aug 12, 2013

    Employees are not immunized from the “petty slights” or “minor annoyances” that all workers experience. Id. at 68, 126 S.Ct. at 2415. … Establishing a constructive discharge claims is a more difficult “task than establishing a hostile work environment claim.” Bryant, 575 F.3d at 1298.

    Cited 11 timesUnpublished
  • Miccosukee Tribe of Indians of Florida v. USA

    Court of Appeals for the Eleventh Circuit · May 15, 2013

    According to the Corps, those easements essentially rendered it immune from the Tribe’s suit for injunctive relief from the flooding of tribal lands. … We disagree; the interests obviously qualify as a property entitled to procedural due process protection.

    Cited 0 timesPublished
  • Martin E. O'Boyle v. Town of Gulf Stream

    Court of Appeals for the Eleventh Circuit · Mar 21, 2023

    But there is no question that a state official who directly vi- olates a clearly established First Amendment right can be held lia- ble under section 1983. … See, e.g., Bennett, 423 F.3d at 1255 (deny- ing qualified immunity for officials who allegedly suppressed pro- tected political expression).

    Cited 0 timesUnpublished
  • Claude Jerome Wilson, II v. United States

    Court of Appeals for the Eleventh Circuit · Sep 28, 2021

    In Adams, we held that the information in the PSI documenting guilty pleas for “burglarizing both dwellings and businesses” established that the movant’s Georgia burglary convictions were generic and, thus, constituted … Because the evidence does not clearly explain what happened and Wilson had the burden of proof under Beeman, his claim fails.

    Cited 0 timesUnpublished
  • United States v. Adilson Fernandes De Aguiar

    453 F. App'x 927 · Court of Appeals for the Eleventh Circuit · Jan 12, 2012

    Singh, 291 F.3d 756 (11th Cir. 2002), where we held that a defendant need not personally commit a substantial part of the fraudulent scheme from outside of the United States in order to qualify for a two-level enhancement … We then concluded that the evidence clearly established that a significant part of the conspiracy’s acts occurred outside of the United States, in light of the fact that ninety-nine percent of Singh’s telephone calls were

    Cited 1 timesUnpublished
  • Vista Marketing, LLC v. Terri A. Burkett

    812 F.3d 954 · Court of Appeals for the Eleventh Circuit · Feb 4, 2016

    Vista relied on 18 U.S.C. § 2701 (a)(1) to establish Terri’s liability. … He added that Gjoen had initially established Vista’s email procedures.

    Cited 49 timesPublished
  • Robert Sharkey v. Food and Drug Administration

    250 F. App'x 284 · Court of Appeals for the Eleventh Circuit · Oct 5, 2007

    Therefore, we find that the Defendants have demonstrated 5 The report is CDC, Surveillance for Safety After Immunization: Vaccine Adverse Event Reporting System (VAERS)–United States, 1991-2001, 52 Morbidity & … Our conclusion that market share and sales volume qualifies as confidential information is supported by Merck’s declaration detailing the drastic measures it takes to ensure this information remains confidential.

    Cited 1 timesUnpublished
  • United States v. Joe Freeman Moorer, Jr.

    Court of Appeals for the Eleventh Circuit · Aug 15, 2010

    U.S.S.G. § 4B1.2(b). 2 The district court alternatively found that Moorer qualified as a career offender under U.S.S.G. § 4B1.1. … As noted above, the evidence was sufficient to establish that Moorer possessed the cocaine with the intent to distribute it.

    Cited 0 timesUnpublished
  • Wyatt v. Fetner

    92 F.3d 1074 · Court of Appeals for the Eleventh Circuit · Aug 8, 1996

    Both groups of plaintiffs sought to redress the deprivation, under color of laws and statutes of the State of Alabama, of rights, privileges, and immunities secured by the Fifth, Eighth and Fourteenth Amendments … 5 The Wyatt standards were designed to meet what the district court called the three "fundamental conditions for adequate and effective treatment": "(1) a humane psychological and physical environment, (2) qualified

    Cited 0 timesPublished
  • Audrey Shaps v. Provident Life & Accident Insurance Company, Provident Life and Casualty Insurance Company, a Foreign Corporation

    244 F.3d 876 · Court of Appeals for the Eleventh Circuit · Mar 28, 2001

    The policy defines “Physician” as “any legally qualified physician.” … Shaps has failed to demonstrate that the district court clearly abused its discretion in admitting this evidence.

    Cited 25 timesPublished

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