Case law

Loggerhead Turtle v. County Council of Volusia County, Florida

148 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Aug 3, 1998

Ramsey, 96 F.3d at 438, 442. 72 Volusia County argues that the Service "clearly anticipated" takes resulting from artificial beachfront lighting in the incidental take permit, just as the issuing agency in Ramsey "clearly … fairly trace to Volusia County 25 The First Circuit did not specifically address the district court's determination of standing 26 Unlike the defendants in Strahan, Volusia County does not assert Tenth or Eleventh Amendment immunity

United States v. Khalif Edwards

Court of Appeals for the Eleventh Circuit · Sep 26, 2023

The application notes to § 1B1.13 establish four categories of circumstances in which “extraordinary and compelling reasons” for a sentence reduction exist: (1) qualifying medical conditions, (2) advanced … Consequently, the government’s position on appeal is “clearly right as a matter of law so that there can be no substantial question as to the outcome of the case.”

Marvin C. Thompson v. United States

368 F. App'x 930 · Court of Appeals for the Eleventh Circuit · Mar 12, 2010

Banks to the courthouse”; and Thompson “was clearly upset and . . . surprise[d] that Mr. Bethel did not intend to let Ms. Banks testify.” … Schlei, 122 F.3d 944, 994 (11th Cir. 1997) (“‘[T]he acumen gained by a trial judge over the course of the proceedings [makes him] well qualified to rule on the basis of affidavits without a hearing.’”

United States v. Juan Demetrius Allen

714 F. App'x 988 · Court of Appeals for the Eleventh Circuit · Mar 9, 2018

Hence, the District Court did not clearly err. … Stat. § 893.13 qualifies as a “controlled substance offense.” Id. Allen preserved this objection pending resolution of the certiorari petition to the Supreme Court in Pridgeon, which has since been denied.

United States v. Larry Dale McCoy

475 F. App'x 724 · Court of Appeals for the Eleventh Circuit · May 9, 2012

Fifth, McCoy argues that the district court clearly erred in applying a two-level sentence enhancement, pursuant to U.S.S.G. § 2K2.1(b)(1)(A), for an offense involving three to seven firearms. … The commentary to this section defines a qualifying firearm as one with an attached “magazine or similar device that could accept more than 15 rounds of ammunition.” Id. cmt. 2.

United States v. Diaz-Soler

Court of Appeals for the Eleventh Circuit · Apr 2, 2009

When a breach of an agreement by the government has been established, we may remand the case to the district court, which may order specific performance of the agreement or allow withdrawal of the plea. … Those statements made them ineligible for the safety valve, and the government’s promise to not oppose their request for application of the safety valve was conditioned on their first qualifying for the safety valve.

Ronald Satish Emrit v. Secretary, United States Department of Education

Court of Appeals for the Eleventh Circuit · Oct 7, 2020

The magistrate judge also found that Emrit failed to establish that the Northern District of Florida was the proper venue for his case. … Notwithstanding this relaxed standard, a party must still “specifically and clearly” identify all issues on appeal. Access Now, Inc. v. Sw. Airlines Co., 385 F.3d 1324, 1330 (11th Cir. 2004).

Greg Nance v. Ricoh Electronics, Inc.

407 F. App'x 404 · Court of Appeals for the Eleventh Circuit · Jan 5, 2011

Nance, who was a senior-level engineer for REI in its Lawrenceville, Georgia facility, alleged that as a white male he was passed over for a promotion to be an engineering manager in favor of a less qualified Asian employee … After thorough review and consideration of the briefs and the record, we find no clearly erroneous findings of fact by the district court.

R.W. Ex Rel. M.W. v. Georgia Department of Education

353 F. App'x 422 · Court of Appeals for the Eleventh Circuit · Dec 2, 2009

We conclude that appellant’s brief with respect to the exhaustion issue is so sparse and so clearly fails to address the relevant issues that appellant’s claim in this regard is deemed abandoned. See United States v. … Dist., 397 F.3d 1321 (11th Cir. 2005) 3 Appellant does not challenge the district court’s conclusion that OSAH was entitled to judicial immunity, and any such challenge would have been frivolous.

United States v. Orlando Matisas Mesa

322 F. App'x 718 · Court of Appeals for the Eleventh Circuit · Apr 2, 2009

When a breach of an agreement by the government has been established, we may remand the case to the district court, which may order specific performance of the agreement or allow withdrawal of the plea. … Those statements made them ineligible for the safety valve, and the government’s promise to not oppose their request for application of the safety valve was conditioned on their first qualifying for the safety valve.

Community State Bank v. Strong

485 F.3d 597 · Court of Appeals for the Eleventh Circuit · Apr 27, 2007

Finally, the note clearly identified the bank as the lender, and stated that Strong, by signing, acknowledged that the bank had contracted with Cash America to assist with the loan, but that Cash America was not “owned by … We held that the developer had now pled facts giving rise to a federal question, but dismissed the claim because IGRA itself provided no right of relief for the developer, and the tribe had only waived its sovereign immunity

Michale E. Roy v. Broward Sheriff's Office

160 F. App'x 873 · Court of Appeals for the Eleventh Circuit · Dec 22, 2005

In this case Roy seeks to establish a prima facie case by showing that he: (1) belongs to a protected class; (2) was qualified to do his job; and (3) was treated less favorably than similarly situated employees outside … Two of the employees charged with “Discretion” and/or “Abuse of Position or Identification,” Royer, and Osteen, clearly were not similarly situated.

United States v. Chastain

198 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Dec 30, 1999

He was clearly qualified as an expert. Federal Rule of Evidence 702 permits expert testimony to be admitted when it is helpful to the finder of fact in determining a fact in issue. … This information was clearly relevant to establishing the existence of a conspiracy to smuggle marijuana by using an airplane.

United States v. Joseph Mann Prnonpublished_opinionst

369 F. App'x 42 · Court of Appeals for the Eleventh Circuit · Mar 9, 2010

The suspect “must articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney.” … He qualified his reference to a lawyer by saying: “you know what I am saying, have some papers saying something.”

United States v. Bissell

866 F.2d 1343 · Court of Appeals for the Eleventh Circuit · Mar 2, 1989

The Sixth Amendment comprehends a qualified right to select and be represented by counsel of choice because “were a defendant not provided the opportunity to select his own counsel at his own expense, substantial risk would … Convictions generally have been sustained as long as the proof upon which they are based corresponds to an offense that was clearly set out in the indictment.

United States v. Bryant Terrence Cooper

Court of Appeals for the Eleventh Circuit · Aug 27, 2021

“A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous.” Id. … The commentary to the policy statement defines four factors that qualify as extraordinary and compelling reasons: medical condition, age, family circumstances, and “other reasons . . .

Ramon Pimental v. Florida Department of Corrections

560 F. App'x 942 · Court of Appeals for the Eleventh Circuit · Mar 27, 2014

Therefore, Pimental’s direct appeal had concluded before any Florida appellate court had held that use of the 2008 pattern instruction (as distinguished from the 2006 pattern instruction) qualified as fundamental error … established Federal law” or (2) “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding”).

Allapattah Services, Inc. a Florida corp., Robert Lewis, Inc., a Florida corp, d.b.a. Trian Exxon, G.G.S.K.1, Inc., a Florida corp., d.b.a North Stuart Exxon, G.G.S.K., Inc. v. Roy Page, Glebe Road Exxon, Inc. v. Exxon Corporation, a New Jer

333 F.3d 1248 · Court of Appeals for the Eleventh Circuit · Jun 11, 2003

Thus, we find that § 1367 clearly and unambiguously provides district courts with the authority in diversity class actions to exercise supplemental jurisdiction over the claims of class members who do not meet the minimum … which the district court determined were enforceable. 30 parties’ expert witnesses, it entered a lengthy order determining that (1) both parties’ expert witnesses were qualified

Jimmy Lee Horton v. Walter Zant, Warden, Georgia Diagnostic and Classification Center

941 F.2d 1449 · Court of Appeals for the Eleventh Circuit · Oct 31, 1991

Briley’s hardball tactics clearly do not comport with the prosecutor’s obligation to “do justice.” The tactics, however, may be understandable, though not excusable, in light of Mr. … because when the prosecutor in a county, in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be, is responsible for the removal of [blacks] who have been selected as qualified

Jeffery Wooden v. The Town of Eatonville

Court of Appeals for the Eleventh Circuit · Aug 9, 2023

While the court noted that Wooden maintained that the room was vacant, it stated that two witnesses had provided Roy Smith with statements establishing that the room had been rented to Davis and Davis … Florida’s sovereign immunity statute grants immunity to police officers unless they “acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human