Case law

United States v. Cooper

203 F.3d 1279 · Court of Appeals for the Eleventh Circuit · Feb 14, 2000

The Motion for an Evidentiary Hearing 3 We note that the Supreme Court has qualified the holding of Olson to some extent. In Minnesota v. Carter, __ U.S. __, 119 S. … Matthews, 168 F.3d 1234, 1248 (11th Cir. 1999).8 Cooper’s alternate argument likewise fails because the Guidelines state “[the enhancement] should be applied if the weapon was present, unless it is clearly improbable that

Florida Board of Business Regulation Department of Business Regulation, Division of Pari-Mutuel Wagering v. National Labor Relations Board

686 F.2d 1362 · Court of Appeals for the Eleventh Circuit · Sep 27, 1982

The Court later qualified this holding in Boire v. … Subject matter jurisdiction under 28 U.S.C. § 1331 was clearly present. III.

Cahaba Riverkeeper v. U.S. Environmental Protection Agency

Court of Appeals for the Eleventh Circuit · Sep 12, 2019

Those statements are enough to establish injury in fact. … And that, this Court said, “is the extent of [the plaintiffs’] burden to establish causation.” Id. So too here.

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.

United States v. Terrance Matthews

411 F.3d 1210 · Court of Appeals for the Eleventh Circuit · Jun 8, 2005

The question in this case was not whether Diaz was present at the shopping center during the cocaine transaction with Agent Jordan; he clearly was. … Delgado, we stated that [a] defendant who enters a not guilty plea makes intent a material issue, imposing a substantial burden on the government to prove intent; the government may meet this burden with qualifying

United States v. Arturs Spila

136 F.4th 1296 · Court of Appeals for the Eleventh Circuit · May 13, 2025

But a plain reading of the statute establishes that a defendant need not know that the money came from a felonious source. … A record may qualify for this special treatment only if it meets the requirements for a business record under Rule 803(6)(A) through (C).

Jamil A. Al-Amin v. James E. Donald

165 F. App'x 733 · Court of Appeals for the Eleventh Circuit · Jan 27, 2006

conduct an initial screening of a prisoner complaint to determine whether it “(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or (2) seeks monetary relief from a defendant who is immune … The record establishes that periodic review was conducted in Al-Amin’s case.

United States v. Trevor Nelson

321 F. App'x 904 · Court of Appeals for the Eleventh Circuit · Mar 25, 2009

Having considered the totality of the record, we find there is clearly sufficient evidence as to Jackson and Jones. … Jackson bears the burden of establishing that he qualifies for the reduction. United States v. Cruz, 106 F.3d 1553, 1557 (11th Cir. 1997).

United States v. Charles Horton

522 F. App'x 456 · Court of Appeals for the Eleventh Circuit · Jun 11, 2013

The district court did not clearly err in concluding that the criminal activity at issue involved five or more participants. … The party challenging the sentence has the burden of establishing that the sentence was unreasonable. United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005).

United States v. Ramon Puentes

50 F.3d 1567 · Court of Appeals for the Eleventh Circuit · May 2, 1995

We believe that Rauscher clearly confers such a right on the extradited defendant. … This court has held that a retraction of an earlier recantation of trial testimony does not qualify as newly discovered evidence. United States v. Santiago, 837 F.2d 1545, 1550 (1988).

United States v. Thomas Glen Hill

338 F. App'x 855 · Court of Appeals for the Eleventh Circuit · Jul 23, 2009

We accept the district court’s factual findings unless they are clearly erroneous, construing all facts in the light most favorable to the prevailing party below. Id. … The salvage procedure used by the firefighters here clearly qualifies as a search within the Fourth Amendment, even if not conducted by law enforcement officers. United States v.

United States v. Williams

534 F.3d 1371 · Court of Appeals for the Eleventh Circuit · Apr 6, 2006

Ed. (2000) 61 18 U.S.C. § 2256(2)(A)(v). 27 the actual depictions themselves.62 While the pictures needn’t always be “dirty” or even nude depictions to qualify … And Sender Two clearly intended that his recipients believe, however briefly, that the attached photos were sexually explicit depictions of minors.

Sandra Slater v. United Steel Corporation

871 F.3d 1174 · Court of Appeals for the Eleventh Circuit · Sep 18, 2017

But voluntariness alone does not necessarily establish a calculated attempt to undermine the'judicial process. … Our precedent has, in effect, treated the fact of the plaintiffs omission as establishing the requisite intent.

United States v. Joseph Deleon

116 F.4th 1260 · Court of Appeals for the Eleventh Circuit · Sep 5, 2024

He forced the victim to comply by passing him the goods he sought to secure, and the victim clearly in this case did not feel at liberty to leave in light of the presence of the … Section 2B3.1(b)(4)(B) qualifies the word “restrained” with “physically.”

Tozer v. United States

170 F.3d 1061 · Court of Appeals for the Eleventh Circuit · Mar 26, 1999

The DWRRT was not to play 34 The district judge denied the government's motion to dismiss based on Feres because of the government's failure to establish the three Feres rationales. … Clearly, the district judge, as factfinder, was not bound by the parties' stipulation in evaluating the full value of Lieutenant Whitley's life.

United States v. Orlando King

450 F. App'x 794 · Court of Appeals for the Eleventh Circuit · Nov 2, 2011

Additionally, Owen’s testimony established that the losses were reasonably foreseeable to King. … More than one member of a conspiracy can qualify as a leader or organizer under this section. U.S.S.G. § 3B1.1, comment. (n.4).

Greater Birmingham Ministries v. Secretary of State for the State of Alabama

Court of Appeals for the Eleventh Circuit · Jun 26, 2024

He argues that only those updates carried out to satisfy a different part of the Act, § 20507(a)(4), would qualify for disclosure. … Half a dozen other subsections in § 20507 also define, narrow, or qualify their statutory commands by referencing other subsections.

Mosley v. Alabama Unified Judicial System, Administrative Office of Courts

562 F. App'x 862 · Court of Appeals for the Eleventh Circuit · Apr 7, 2014

Hence, the Defendants failed to clearly identify Counts One and Two for purposes of seeking summary judgment. Gentry, 654 F.3d at 1261. … She contends her complaint clearly stated that she belonged to a protected class of “black females,” and she could establish a prima facie case of discrimination 6

LeBlanc v. Unifund CCR Partners

601 F.3d 1185 · Court of Appeals for the Eleventh Circuit · Mar 30, 2010

Unifund’s business activities clearly involve “collecting or attempting to collect consumer debt” from debtors located within Florida by means of interstate communication originating from outside of the state. … JP Morgan Chase has 290 offices in Florida.26 Because at least one Bank One affiliate has an office in Florida, Unifund qualifies as an “out-of-state debt collector” within the meaning of the FCCPA.

Armand Joseph v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Apr 13, 2022

But the restitution in this case, in contrast to Obasohan, was clearly based on conduct admitted by Joseph as part of his guilty plea to the conspiracy offense. … That evidence clearly and convincingly established that the loss amount “tied to” the spe- cific conspiracy conviction exceeded $10,000. See Nijhawan, 557 U.S. at 40–43.