Case law

United States v. Starrett

55 F.3d 1525 · Court of Appeals for the Eleventh Circuit · Jun 27, 1995

Hegney’s and Sears’s knowing implementation of the decision to commit murder qualifies under the Reves operation or management test. … All three appellants’ predicate acts involving narcotics were clearly related to the enterprise for purposes of proving the fifth RICO element.

United States v. Edward Neil Feldman

936 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Aug 30, 2019

The record in the present case clearly shows that Mrs. … Thus, the evidence clearly 47  Case: 16-12978 Date Filed: 08/30/2019 Page: 48 of 67 established that, had each respective victim not used the Schedule II

Nicole Colton v. FEHRER Automotive, North America, LLC

Court of Appeals for the Eleventh Circuit · Jul 21, 2021

Given these definitions, the facts pleaded in Colton’s complaint establish only that her height was a physical characteristic. … The Supreme Court’s opinion in Sutton and the EEOC’s interpretive guidance have clearly stated that height is only a physical characteristic, not a disability. See Furcron v. Mail Ctrs.

Thomas Edward Malone, Jr. v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · May 26, 2021

Applications are first scored by BOP’s human resources office in Texas, who then generate a best-qualified list that they send to the regional office. … He clearly stated that he did not discuss his disability with his supervisors until he submitted the reasonable accommodation request on April 17, 2017.

United States v. Jeu Herrera-Contreras

269 F. App'x 875 · Court of Appeals for the Eleventh Circuit · Mar 12, 2008

Next, Herrera argues that the district court clearly erred by holding him accountable, at sentencing, for 5,945.5 kilograms of cocaine, which was the amount discerned by the probation officer in the Presentence Investigation … We review a district court’s determination of whether a defendant qualifies for a minor-role reduction for clear error. United States v. Rodriguez De Varon, 175 F.3d 930, 945 (11th Cir. 1999).

United States v. Michael Metayer

543 F. App'x 970 · Court of Appeals for the Eleventh Circuit · Nov 6, 2013

Metayer speak Creole, or that Agent Smith qualified as an expert in voice recognition. Mr. … “Once a witness establishes familiarity with an identified voice, it is up to the jury to determine the weight to place on the witness's voice identification.” Brown v.

Kayla Paul Lindsey v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jul 16, 2019

The problem for Lindsey is that the Supreme Court has clearly held that § 371 “involves fraud or deceit” for purposes of § 1101(a)(43)(M)(i). Nijhawan v. Holder, 557 U.S. 29, 40 (2009). … of the Attorney General that the alien’s denial of admission would result in extreme hardship” to the qualifying relative.

In Re Trusted Net Media Holdings, LLC

525 F.3d 1095 · Court of Appeals for the Eleventh Circuit · Dec 2, 2008

Title 28 Congress established the jurisdiction of the bankruptcy courts in Title 28. Kontrick v. Ryan, 540 U.S. 443, 453, 124 S. Ct. 906, 914 (2004). … Section 303(b), the subsection with which we are primarily concerned, sets forth the prerequisites for commencing an involuntary petition, specifically who is qualified to do so, as follows: An involuntary case

United States v. Thomas Joe Obregon

Court of Appeals for the Eleventh Circuit · Mar 15, 2023

The connection between charged and uncharged conduct Where a defendant objects to a factual finding that is used to calculate his guideline range, the Government bears the burden of establishing … The commentary also provides offenses may qualify as part of the same course of conduct if they are sufficiently connected or related to each other so as to draw the conclusion they are part of a single

United States v. Rudisill

Court of Appeals for the Eleventh Circuit · Sep 3, 1999

Micah and White established a mailing address in Georgia to receive the funds. The checks received were then deposited in banks in Birmingham, Alabama. … We readily conclude that the district court's findings and its application of the obstruction of justice enhancement are not clearly erroneous.

Bobby Joe Long v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit · May 22, 2019

It concluded that because the trial judge had found that one of Long’s prior convictions qualified as an aggravating factor, and that prior conviction had since been reversed and vacated by an appellate court as a result … A district court abuses its discretion if, among other things, “it applies an incorrect legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous.”

United States v. Sencheze Dunlap

Court of Appeals for the Eleventh Circuit · May 15, 2024

An error is plain if the legal rule is clearly established at the time the case is reviewed on direct appeal. United States v. Hender- son, 409 F.3d 1293, 1307-08 (11th Cir. 2005). … We noted that Rozier inter- preted Heller as limiting the right to “law-abiding and qualified in- dividuals,” and as clearly excluding felons from those categories by referring to felon-in-possession

M.C. Dean, Inc. v. Secretary of Labor

505 F. App'x 929 · Court of Appeals for the Eleventh Circuit · Feb 1, 2013

Thompson and Young did not discuss the skylights on the roof, and Young did not inquire as to whether the skylights had a guardrail or screen, or whether they were clearly marked. … To establish infeasibility, M.C.

United States v. Fawad Shah Syed

616 F. App'x 973 · Court of Appeals for the Eleventh Circuit · Sep 17, 2015

Syed’s intent in the instant case was merely to establish a friendship with Samantha, as he claimed at trial, or whether he was interested in establishing a sexual relationship after attempting to entice her. … Page: 20 of 21 one additional qualifying instance to constitute a “pattern of activity” and apply the § 4B1.5(b)(1) enhancement.

Yi Song Jiang v. U.S. Attorney General

426 F. App'x 706 · Court of Appeals for the Eleventh Circuit · May 6, 2011

Finally, Jiang contended the BIA had qualified and limited its remand to the IJ solely to the issue of his eligibility for asylum. … Adverse credibility determination Jiang first contends the BIA’s adverse-credibility finding1 was clearly erroneous.

Haas v. Internal Revenue Service (In re Haas)

48 F.3d 1153 · Court of Appeals for the Eleventh Circuit · Mar 30, 1995

Although the current provision retains the willfulness standard and the broad phrase “in any manner” contained in H.R. 8200, it qualifies the exception by limiting it to attempts to evade or defeat “such tax.” … Since Congress purposely devoted separate sections of the I.R.C. to penalize evasion of a tax or payment thereof and to penalize filing a fraudulent return, it clearly did not consider the scope or effect of these two provisions

United States v. Alexander Michael Roy

855 F.3d 1133 · Court of Appeals for the Eleventh Circuit · Apr 26, 2017

While we assess harmless error on a case-by-case basis, an error that qualifies as structural error does so categorically. … As the Majority ably explains, the record here *1225 clearly demonstrates that Roy’s counsel’s trial-error absence was harmless beyond a reasonable doubt. III.

United States v. Frank Bell

112 F.4th 1318 · Court of Appeals for the Eleventh Circuit · Aug 14, 2024

The record also establishes that the sellers’ lies about the air- port kiosks went to the core of the bargain with investors. … Rhame cannot prove that he would have been clearly enti- tled to a lower sentencing range under the comparator 2014 man- ual.

United States v. Walter "Frenchy" Bagnell

679 F.2d 826 · Court of Appeals for the Eleventh Circuit · Jun 28, 1982

Bagnell contends that while expert testimony regarding the homosexual community standards about pornography was required in this case, Pastor Green was not qualified to give such expert testimony. … Although this basic proposition has been long established, it was not until the landmark decision in Miller v.

Irina Tesoriero v. Carnival Corporation

Court of Appeals for the Eleventh Circuit · Jul 14, 2020

And in the absence of an established federal maritime rule, we “may borrow from a variety of sources in establishing common law admiralty rules to govern maritime liability where deemed appropriate.” … As a result, Carnival’s policy does not clearly delineate when a doctor should prepare an accident form. 35  Case: 18-11638 Date Filed: 07/14/2020 Page: 36