Case law

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.”

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.

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.

Adrienne L. Curry v. Secretary, Department of Veterans Affairs

Court of Appeals for the Eleventh Circuit · May 21, 2013

While the VA singled out certain claims for additional discussion, the VA’s motion clearly moved for summary judgment on all claims. In response, Curry addressed only the three above claims. … The Rehabilitation Act “prohibits federal agencies from discriminating in employment against otherwise qualified individuals with a disability.” Mullins v.

United States v. Leigh Jesse Quinto

264 F. App'x 800 · Court of Appeals for the Eleventh Circuit · Feb 5, 2008

Quinto did not challenge the validity of any of these convictions at sentencing, and did not object to the district court’s finding that he qualified as a career offender. … Quinto also has not established that his sentence is substantively unreasonable. See Gall, ___ U.S. at ___, 128 S.Ct. at 597; Hunt, 459 F.3d at 1182 n.3.

Vincent J. Rhodes v. Lazy Flamingo 2, Inc.

Court of Appeals for the Eleventh Circuit · Mar 29, 2018

If you have chronic illness of the liver, stomach or blood or have immune disorders, you are at greater risk of serious illness from raw oysters, and should eat oysters fully cooked. … The regulation (quoted above) clearly requires that the notice be displayed “either on menus or on table placards.”

Henry Losch v. Experian Information Solutions, Inc.

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

Determining the legal effects of a discharge order, Experian says, is precisely the kind of legal question that credit-reporting agencies are “neither qualified nor obligated to answer.” … The “Civil Register” there “clearly indicate[d] that the case against Dennis was dismissed,” while there is no similarly clear indication here. Id.

Cecil Daughtrey, Jr. v. Luis E. Rivera, II

896 F.3d 1255 · Court of Appeals for the Eleventh Circuit · Jul 24, 2018

He qualified his remark by saying, “I don’t quite yet know what we’re selling.” … DeCailly’s presentation firmly established that his clients were not eligible to be Chapter 11 debtors. D.

United States v. Robert E. Spiker

649 F. App'x 770 · Court of Appeals for the Eleventh Circuit · May 5, 2016

On this record, Devereaux clearly faced a conflict in prosecuting Spiker. Nevertheless, Devereaux continued playing a lead role in the perjury case. … , and whether any individuals should be granted immunity.

Mason v. Clayton County Board of Education

334 F. App'x 191 · Court of Appeals for the Eleventh Circuit · May 19, 2009

The district court found that Mason could not establish a prima facie case of discrimination under the ADA because she was neither disabled nor a “qualified individual.” … Mason also argues that the district court erred in suggesting that the individual defendants were entitled to qualified immunity from her disability, retaliation, and harassment claims.

Atlanta Gas Light Company v. U. S. Department of Energy, James B. Edwards, Secretary of Energy, Economic Regulatory Administration, Hazel Rollins, Administrator, Entex, Inc. v. U. S. Department of Energy, Economic Regulatory Administration, Laclede Gas Company v. U. S. Department of Energy, James B. Edwards, Secretary of Energy, Economic Regulatory Administration, Hazel Rollins, Administrator, American Gas Association v. U. S. Department of Energy, James B. Edwards, Secretary of Energy, Economic Regulatory Administration, Hazel Rollins, Administrator

666 F.2d 1359 · Court of Appeals for the Eleventh Circuit · Feb 1, 1982

Just as in Hodel, the Act merely "establishes a program of cooperative federalism that allows the states within limits established by federal minimum standards, to enact and administer their own regulatory programs, structured … Presumably one state could decide to enforce the Act retroactively, whereas another could within its terms grant immunity to all past violators up to the day the state enforcement regulations are promulgated.

Jose Fernando Castillo v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jun 27, 2014

In relevant part, the pardon established: [P]ursuant to Article IV, Section II, Paragraph II(a) of the Constitution of the State of Georgia, the Board, without implying innocence, hereby … Like the BIA, we hold that Congress clearly and unambiguously intended § 1227(a)(2)(A)(vi) to apply only when an alien secures a pardon restoring all rights vitiated by the underlying adjudication of guilt.

United States v. Anthony Mackey

Court of Appeals for the Eleventh Circuit · Apr 24, 2026

A Supreme Court decision “must be clearly on point” to constitute an overruling for the purposes of the prior-panel-precedent rule. United States v. … We have “clearly held that § 922(g) is constitutional under the Commerce Clause.” United States v.

Jacob Horn v. Liberty Insurance Underwriters, Inc.

998 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Jun 1, 2021

These allegations show that the class claim clearly “ha[s] a connection with” the invasion of privacy.9 Taurus Holdings, 913 So. 2d at 539. … TCPA’s connection to invasions of privacy that the Ninth Circuit relied on in Los Angeles Lakers, we need not address in this case whether every TCPA claim is by its nature an invasion of privacy claim because of the broad qualifying

Florida Board Of Business Regulation 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.

United States v. Olajuwon Raheem Williams

Court of Appeals for the Eleventh Circuit · Jun 3, 2024

(b) If the defendant qualifies for a decrease under sub- section (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and upon motion of … Coats contended his guilty plea evidenced acceptance of responsibility despite his obstructive conduct, we re- jected his argument, because a defendant “must present more than just a guilty plea to establish

Baby Buddies, Inc. v. Toys" R" US, Inc.

611 F.3d 1308 · Court of Appeals for the Eleventh Circuit · Jul 22, 2010

The bear has sharply defined features, with its toes, muzzle, and mouth clearly delineated. A bow made of textured, aquamarine- colored ribbon2 attaches to the back of the bear. … Id. § 817.40(5). 20 Registration with the Copyright Office is permissive; it is not required before adding the © symbol on a work that qualifies for copyright protection. See 17 U.S.C. § 408(a).

Ajit Bhogaita v. Altamonte Heights Condominium Assn., Inc.

765 F.3d 1277 · Court of Appeals for the Eleventh Circuit · Aug 27, 2014

The Association’s critical inquiries were whether Bhogaita’s PTSD amounted to a qualifying disability and whether Kane’s presence alleviated the effects of the disorder. Cf. … But establishing an accommodation’s necessity requires only proof the accommodation “address[es] the needs created by the handicap,” Schwarz, 544 F.3d at 1226, and the instruction given properly expressed that principle

United States v. Merrill

513 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Jan 17, 2008

“To establish prosecutorial misconduct, (1) the remarks must be improper, and (2) the remarks must prejudicially affect the substantial rights of the defendant.” … He qualified this assertion by stating that it was possible that he could not see an injection site due to a small needle or that the injection was in an uncommon area.