Case law

United States v. Devonne L. Walker

Court of Appeals for the Eleventh Circuit · Apr 27, 2023

Second, even though, in light of the number of partici- pants, establishing that the criminal activity was otherwise exten- sive was unnecessary, the record supports such a finding. … But even assuming the district court erred in finding that Walker qualified as a career offender, any error was harmless.

Jean A. Saint Vil v. Perimeter Mortgage Funding Corporation

630 F. App'x 928 · Court of Appeals for the Eleventh Circuit · Oct 30, 2015

But even if we accept the general allegation that SSH is a debt collector, the complaint did not establish that SSH’s alleged conduct was “related to debt collection.” … That motion is clearly based, at least in part, on independent federal claims. We reverse the denial of that motion and remand for further proceedings consistent with this opinion.

United States v. Frank

599 F.3d 1221 · Court of Appeals for the Eleventh Circuit · Mar 15, 2010

Crimes fall under the Bowman exception when limiting “their locus to the strictly territorial jurisdiction would be greatly to curtail the scope and usefulness of the statute and leave open a large immunity for frauds as … a weapon” is the first example “to 22 come to mind when the phrase ‘uses . . . a firearm’ is uttered does not preclude us from recognizing that there are other ‘uses’ that qualify

Unises Chapotin v. United States

Court of Appeals for the Eleventh Circuit · Jul 21, 2022

“To conclude that we are not bound by a prior holding in light of a Supreme Court case, we must find that the case is ‘clearly on point’ and that it ‘actually abrogate[s] or directly conflict[s] with, as opposed to merely … Accordingly, because Beckles and Dimaya are not “clearly on point” and do not directly conflict with Griffin, we remain bound by Griffin. Now we turn to Chapotin’s second issue.

Johnny Blash v. William B. Cape

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

Where the defendant’s allegedly unlawful action was taken within the scope of his discretionary authority as a government official and the defendant asserts a defense of qualified immunity, the plaintiff must also show … that the defendant’s conduct violated clearly established law.

U.S. Commodity Futures Trading Commissioner v. Robert Escobio

946 F.3d 1242 · Court of Appeals for the Eleventh Circuit · Jan 6, 2020

It is well established that “once a civil contempt order is purged, no live case or controversy remains for adjudication.” … As we clearly laid out, if the Court used its contempt power to coerce the appellants into paying the money judgment, it was improperly entered. Id.

United States v. Deangelo Tavares Langford

533 F. App'x 948 · Court of Appeals for the Eleventh Circuit · Aug 21, 2013

Langford correctly notes that he pled guilty only to possession of the 9mm pistol, and he denied possessing the AR-15 firearm, which was the firearm that qualified him for a base offense level of 22. … The party challenging the sentence has the burden of establishing that the sentence was unreasonable based on the record and the factors set forth in § 3553(a). Id.

United States v. Juan Delgado, Emilio Albelo, Juan Carlos Riverol, Tomas Raul Hernandez

56 F.3d 1357 · Court of Appeals for the Eleventh Circuit · Jul 5, 1995

Further, the defense must establish that the document falls within the reach of Jencks. Gaston, 608 F.2d at 611 . … 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 404(b) evidence absent affirmative

Levis Leon Aldrich v. Louie L. Wainwright

777 F.2d 630 · Court of Appeals for the Eleventh Circuit · Nov 19, 1985

The Florida Supreme Court unconstitutionally applied the principle of law established in Elledge v. … Strickland was on parole from prison, and had been granted immunity for his testimony. He owned the murder weapon, in violation of the terms of his parole.

Channa Imports, Inc. v. Hybur, Ltd.

368 F. App'x 32 · Court of Appeals for the Eleventh Circuit · Feb 26, 2010

Because COGSA does not define the term “package,” and on account of “the adoption of new methods of preparing and assembling goods for shipment,” courts are inevitably asked to determine whether a given item qualifies as … Accordingly, the Magistrate Judge’s factual finding that Channa failed to establish a loss of carpets at outturn was not clearly erroneous. 6 AFFIRMED. 7

Virgil Delano Presnell v. Warden

975 F.3d 1199 · Court of Appeals for the Eleventh Circuit · Sep 16, 2020

established Federal law, as determined by the Supreme Court of the United States, § 2254(d)(1). … In this appeal, we ask whether the District Court erred in deciding that the Superior Court of Butts County’s decision was not (1) “contrary to, or involved an unreasonable application of, clearly established Federal law

Fane Lozman v. City of Riviera Beach, Florida

713 F.3d 1066 · Court of Appeals for the Eleventh Circuit · Apr 1, 2013

“[T]he party claiming the benefit of the former adjudication has the burden of establishing, with sufficient certainty by the record or by extrinsic evidence, that the matter was formerly adjudicated.” State St. … Supp. 2d at 1372; see Seaboard, 260 So. 2d at 864B65 (noting the burden is on the party asserting collateral estoppel to show issues clearly adjudicated).

Gary Ray Spears v. Warden

605 F. App'x 900 · Court of Appeals for the Eleventh Circuit · Apr 7, 2015

Both Holland and our cases applying Holland clearly place the burden of establishing entitlement to equitable tolling on the petitioner. Holland, 560 U.S. at 649, 130 S. … Yet even if Spears had established an extraordinary circumstance, as explained above, “equitable tolling is available only if a petitioner establishes both extraordinary circumstances and due diligence.” Diaz v.

United States v. Timothy McNeal

591 F. App'x 760 · Court of Appeals for the Eleventh Circuit · Nov 17, 2014

A “custodian or another qualified witness” is someone who can testify to the record-keeping procedure used. Garnett, 122 F.3d at 1018–19. … McNeal argues that the district court abused its discretion by admitting those items into evidence without establishing a chain of custody or laying an adequate foundation.

Jerry L. Lyons v. Georgia-Pacific Corp.

221 F.3d 1235 · Court of Appeals for the Eleventh Circuit · Aug 11, 2000

Ct. at 2782 n.11 (“The court need not conclude that the agency construction in order for the plan to obtain and maintain qualified status under the Code. … The IRS Determination Letter In 1989 the IRS issued Georgia-Pacific a determination letter stating that the Plan was tax qualified.

Fred Brown v. Blue Cross and Blue Shield of Alabama, Inc.

898 F.2d 1556 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

The discussion following the statement of the scope of review considers the district court’s factual findings under the clearly erroneous standard but visits relevant legal principles anew. See Guy, 877 F.2d at 39-40 . … an asset held in trust for the beneficiaries of the plan because the trust requirements of section 1103(a) do not apply “to assets of a plan which consist of insurance contracts or policies issued by an insurance company qualified

Judge v. American Motors Corporation

908 F.2d 1565 · Court of Appeals for the Eleventh Circuit · Aug 21, 1990

This provision is, however, qualified by the general limitation that plaintiffs who prevail in any Michigan lawsuits cannot recover punitive damages. See, e.g., Jackovich v. … Mexico's rule, as noted above, completely immunizes certain in-state activities from the chilling effect of adverse damage awards.

United States v. Jones

408 F. App'x 258 · Court of Appeals for the Eleventh Circuit · Jan 7, 2011

Accordingly, Jones has not established plain error as to this issue. IV. … The appellant bears the burden of establishing that the sentence is unreasonable. Id. at 788. After United States v.

Dorothy Markuske v. Commissioner of Social Secuirty

572 F. App'x 762 · Court of Appeals for the Eleventh Circuit · Jul 17, 2014

Good cause exists if, among other things, the ALJ “clearly articulates” why the “evidence supported a contrary finding.” Phillips v. … A claimant can establish a disability through personal testimony about pain or other symptoms.

Hill v. Winn-Dixie Stores, Inc.

934 F.2d 1518 · Court of Appeals for the Eleventh Circuit · Jul 10, 1991

Injunction and reinstatement are clearly forms of equitable relief. … “The law in this circuit with respect to constructive discharge is well-established.