Case law

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 . . .

Frederick v. Kirby Tankships, Inc.

205 F.3d 1277 · Court of Appeals for the Eleventh Circuit · Mar 8, 2000

Instead, the current statute, which 13 does not mention coasting voyages, establishes three designations for voyages: foreign, intercoastal, and coastwise. … Instead, Congress clearly intended the coastwise commerce exception to cover coastwise voyages engaged in commerce.

United States v. Dennis Mitchell

374 F. App'x 859 · Court of Appeals for the Eleventh Circuit · Mar 12, 2010

relevant precedent identified burglary as a crime of violence; (2) the jury was not required to make findings regarding the serial number for purposes of applying the enhancement; and (3) the facts were sufficient to establish … factors enumerated in the statute,” and the judgment of the district court “should not lightly be disturbed” if the district court has considered all of the statutory factors and if the underlying factual findings are not clearly

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. Antoine Francis

140 F. App'x 184 · Court of Appeals for the Eleventh Circuit · Jul 14, 2005

Motion to Suppress We review a district court’s denial of a defendant’s motion to suppress under a mixed standard of review, reviewing the district court’s findings of fact under the clearly erroneous standard and … him for a base 10 offense level of 30 pursuant to U.S.S.G. § 2D1.1(c)(5), and (2) found that he was a career offender, thus qualifying him for a 7 level offense enhancement pursuant

United States v. Campa

459 F.3d 1121 · Court of Appeals for the Eleventh Circuit · Aug 9, 2006

that the defendant would be denied a fair trial. 223 Indeed, we have ruled that a trial court’s method of holding its decision on a Rule 21 motion for change of venue in abeyance until the conclusion of the voir dire “is clearly … media coverage of the case vaguely recalled a “shootdown,” but little else. 231 Ultimately, the court struck 32 out of 168- potential jurors (19%) for Cuba-related animus, which was well within an acceptable range. 232 Qualified

Glenn C. Smith v. Secretary, Department of COrrections

602 F. App'x 466 · Court of Appeals for the Eleventh Circuit · Feb 12, 2015

immunity 2 The FDC regulations provide: “Fixed prosthetics (crowns and bridges) are not to be done except in unusual circumstances and only when an adequate restoration cannot be placed.” … Id. 8  Case: 14-13848 Date Filed: 02/12/2015 Page: 9 of 12 The party invoking federal jurisdiction bears the burden of establishing these elements

United States v. Anthony Rashad Brown

Court of Appeals for the Eleventh Circuit · Oct 10, 2019

Finally, the district court did not clearly err in finding that Brown’s firearm facilitated felony drug possession. … We therefore consider only whether Brown’s offense qualified for this enhancement under Application Note 14(A). See United States v.

United States v. Jose Rojo

610 F. App'x 878 · Court of Appeals for the Eleventh Circuit · May 8, 2015

Circumstantial evidence can be used to establish the elements of a conspiracy. Id. … The district court did not clearly err when it found $49,366,900, the amount BMHC billed Medicare from January 2007 through when the conspiracy ended in September 2011, to be the appropriate loss amount.

United States v. Patricia Lynn Hough

803 F.3d 1181 · Court of Appeals for the Eleventh Circuit · Sep 9, 2015

David Leon Fredrick, decided to establish a medical school on the Caribbean island of Saba, Netherlands- Antilles. … The district 27  Case: 14-12156 Date Filed: 09/09/2015 Page: 28 of 40 court did not clearly err by including in the loss amount the tax she owed on the

Sandra Vail-Romero v. U.S. Attorney General

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

Moreover, to meet the burden of establishing eligibility for asylum, the noncitizen must, with specific and credible evi- dence, establish (1) past persecution on account of a statutorily pro- tected … To preserve an argument, the party must clearly and specifically identify the claim in its brief, such as by de- voting a discrete section of its argument to that claim.

Teper v. Miller

Court of Appeals for the Eleventh Circuit · Apr 24, 1996

The regulation also enumerates the following areas in which state law is not preempted: "(1) [m]anner of qualifying as a candidate or political party organization; (2) [d]ates and places of election; (3) [v]oter registration … This language reflects the general principle established in the landmark case of Chevron U.S.A., Inc. v. National Resources Defense Council, Inc., 104 S.

United States v. Aundrice Moss

Court of Appeals for the Eleventh Circuit · Sep 29, 2022

Once eligibility is established, we re- view the denial of a defendant’s § 3582(c) motion under the abuse of discretion standard. See id. … “A district court abuses its discretion if it applies an incorrect legal standard, follows improper proce- dures in making the determination, or makes findings of fact that are clearly erroneous.” United States v.

Delong Equipment Company v. Washington Mills Electro Minerals Corp.

990 F.2d 1186 · Court of Appeals for the Eleventh Circuit · May 17, 1993

Indeed, two of the "special" media, known as P & W 6,000 and P & W 7,000, were clearly identified as stock media on Washington Mills' price list. … Legal Arguments on the Sherman Antitrust Act Claims: 26 Of considerably more stature are appellant's three principal legal arguments, namely, that DeLong failed to establish "antitrust injury"; that DeLong failed to establish

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. 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.

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

Lee v. Etowah County Board of Education

963 F.2d 1416 · Court of Appeals for the Eleventh Circuit · Jun 4, 1992

The plaintiffs in the present cases complain that the district court did not comply with the procedures this court established in Youngblood and Pitts . … March 10, 1988 order, averred that since 1984 it had sent recruiters to twelve different colleges and universities specifically for the purpose of interviewing minority teacher candidates but had been unable to attract qualified

United States v. Arnold D. Holland

214 F. App'x 957 · Court of Appeals for the Eleventh Circuit · Jan 23, 2007

His plea agreement also acknowledged that the government would argue at sentencing that § 2G2.2(b)(4)’s five-level enhancement applied because Holland had engaged in qualifying conduct. … This evidence is more than sufficient to establish by a preponderance of the evidence that Holland engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.

Daniel Ferguson v. Bombardier Services Corp.

244 F. App'x 944 · Court of Appeals for the Eleventh Circuit · Jul 26, 2007

If it was not, Malley’s testimony does nothing to establish whether there was a defect in the autopilot system. … Reviewing the record, there is no basis for determining that the district court’s conclusion regarding the aircraft’s weight was clearly erroneous.