Case law

United States v. Miguel Roque Ochoa

Court of Appeals for the Eleventh Circuit · Dec 15, 2020

Ochoa did not object to several paragraphs in the PSR that establish facts supporting the district court’s finding. … Delva, 922 F.3d 1228, 1251-52 (11th Cir. 2019) (stating it is well established under the federal evidence rules that qualified and experienced law enforcement agents can testify to decode criminal communications and operations

Blue Sky L. Rep. P 72,221, Fed. Sec. L. Rep. P 92,035 J. Don Foster, an Individual v. Jesup and Lamont Securities Co., Inc., a Corporation, Cross-Appellee. J. Don Foster, an Individual, Cross-Appellee v. Texas Partners '80 Ltd., a Limited Partnership, Minnick Resources Management, Inc., a Corporation, F. Wendell Minnick, an Individual, Jesup and Lamont Securities Co., Inc., a Corporation, and Pyron Exploration and Drilling Corp., a Corporation, Cross-Appellants

759 F.2d 838 · Court of Appeals for the Eleventh Circuit · May 6, 1985

If the holder's business records do not clearly segregate the sales into the business categories authorized by this permit they will be placed in the most logical category. … It is, therefore, necessary to establish GFA for the first time for each of the situations.

Gjellum v. City of Birmingham

829 F.2d 1056 · Court of Appeals for the Eleventh Circuit · Oct 13, 1987

It was this belief that led Congress to establish the right to a federal court forum. These conclusions are supported by McDonald v. … It permits the States to correct violations through their own procedures, and it encourages the establishment of such procedures.

Marsteller ex rel. United States v. Tilton

880 F.3d 1302 · Court of Appeals for the Eleventh Circuit · Jan 26, 2018

However, we also have stated clearly , that, in a qui tarn action, the enhanced pleading requirements of Rule 9(b) apply. See United States ex rel. Clausen v. Lab. … But it held that Universal Health’s claims “fall squarely within the rule that half-truths—representations that state the truth only so far .as it goes, while omitting critical qualifying information—can be actionable misrepresentations

Rani Bolton v. Inland Fresh Seafood Corporation of America, Inc.

Court of Appeals for the Eleventh Circuit · Oct 15, 2025

Jones is neither clearly on point nor clearly contrary to our exhaus- tion precedents. For one, it concerns a different statute. … The district court held that the plan establishes a forum to review the plaintiffs’ claims.

James E. Dorsey v. John Chapman

262 F.3d 1181 · Court of Appeals for the Eleventh Circuit · Aug 20, 2001

unreasonable application of, clearly established federal law. See 28 U.S.C. § 2254(d)(1), (2). … Accordingly, the state court's admission of testimony by Hardee while in a dissociative state was neither contrary to, nor an unreasonable application of, clearly established federal law.

Amlong & Amlong, PA v. Denny's, Inc.

500 F.3d 1230 · Court of Appeals for the Eleventh Circuit · Sep 17, 2007

He went on, however, to adopt the erroneous view that a lack of subjective bad faith on the part of counsel could immunize their objectively bad conduct from sanctions. … Quite clearly, this is not an accurate description of the objective test.

United States v. Eric Cunningham

322 F. App'x 927 · Court of Appeals for the Eleventh Circuit · Apr 13, 2009

Moreover, a 3 defendant cannot qualify for safety-valve relief “merely by expressing a willingness to provide information,” and there is no initial burden on the government … The Sentencing Guidelines provide for a two-level reduction when the defendant clearly demonstrates acceptance of responsibility for his offense. U.S.S.G. § 3E1.1(a).

United States v. Howard Dewayne Lawson

Court of Appeals for the Eleventh Circuit · Jan 19, 2023

To qualify under subsection (A), the defendant must be currently suffering from ei- ther (i) a terminal illness or (ii) a serious condition that substantially diminishes his ability to provide self-care … Therefore, his lengthy criminal history clearly supports the district court’s evaluation of the § 3553(a) factors and alone justified denying him relief. See Tinker, 14 F.4th at 1237.

United States v. Henry Collado

439 F. App'x 845 · Court of Appeals for the Eleventh Circuit · Aug 31, 2011

Third, he argues that the district court erroneously calculated his sentencing guidelines range based on a loss exceeding $200,000, which the government failed properly to establish. … Thus, the district court did not clearly err in relying on the invoices to calculate the loss amount, and we cannot say that the district court’s calculation was an unreasonable estimate of the loss amount.

United States v. Platten

448 F. App'x 873 · Court of Appeals for the Eleventh Circuit · Sep 12, 2011

Responding to the dissent’s charge that the certificates constitute business or public records, the Melendez-Diaz Court stated that business and public records are “generally admissible absent confrontation not because they qualify … Accordingly, because the record establishes that there were at least 250 investors who had sustained a part of the $750,000 actual loss attributable to Platten, the district court did not clearly err in adopting the 6-level

Jack E. Alderman v. Walter D. Zant

22 F.3d 1541 · Court of Appeals for the Eleventh Circuit · Apr 14, 1994

Nor is the phrase “any understanding or agreement” limited to bona fide enforceable grants of immunity. Haber v. Wainwright, 756 F.2d 1520, 1524 (11th Cir.1985). … Having reviewed the evidence, the district court made specific credibility and factual findings which are entitled to be reviewed under the clearly erroneous standard. 12 Trust Co. Bank v.

Snapper, Inc. v. Redan

171 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Apr 5, 1999

established concepts of abstention and supplemental jurisdiction. … We need not decide that question in this case, however, because the motion for remand in this case was clearly timely.

Title Max v. Gustavius A. Wilber

Court of Appeals for the Eleventh Circuit · Dec 11, 2017

Blackstone, Commentaries *396 (observing that “goods pledged or pawned,” like other property interests giving rise to “qualified” rights, “may be redeemed, or else forfeited”). … 17  Case: 16-17468 Date Filed: 12/11/2017 Page: 18 of 48 procedures would conclusively establish the property’s “reasonably equivalent value.”

Gregg v. Industries, Inc.

887 F.2d 1462 · Court of Appeals for the Eleventh Circuit · Oct 25, 1989

Our review of the district court's denial of a new trial involves determining whether the trial judge clearly abused his discretion. Pate, 819 F.2d at 1077 . … Gregg counters, however, that New York law requires that a party establish reliance before it can recover for a breach.

Kenneth D. Humphrey v. United Parcel Service

200 F. App'x 950 · Court of Appeals for the Eleventh Circuit · Oct 18, 2006

Humphrey’s claim clearly does not fall within these provisions. A single incident of delay in delivering a computer do not constitute criminal offenses under RICO, nor does it establish a pattern of RICO violations. … Specifically, the statute requires that a person prove that he was denied participation, based on his race, in a federally funded program for which he was otherwise qualified. 42 U.S.C. § 2000d.

United States v. Dallas County Commission

850 F.2d 1433 · Court of Appeals for the Eleventh Circuit · Jul 13, 1988

Lichtman's election plan on two grounds, both of which we find clearly erroneous. First, the court reasoned that Dr. … Lichtman's plan also appears to contain a predominant number of city residents" is also clearly erroneous.

Randall Burch v. Secretary, DOC, Florida Attorney General

535 F. App'x 789 · Court of Appeals for the Eleventh Circuit · Aug 23, 2013

established Federal law. … established Federal law.

United States v. Sergio Antonio Hood

Court of Appeals for the Eleventh Circuit · May 21, 2025

United States, 588 U.S. 225 (2019) “add[ed] the distinct requirement . . . of establishing [Hood’s] knowledge.” … “We have clearly held that § 922(g) is constitutional under the Commerce Clause.” United States v.

United States v. Darryl Johnson

470 F. App'x 740 · Court of Appeals for the Eleventh Circuit · Apr 13, 2012

To conclude that a factual finding is clearly erroneous, we “must be left with a definite and firm conviction that a mistake has been committed.” Id. … Thus, he had the requisite ownership, dominion, and control over the drugs to establish constructive possession. See id.