Case law

NOVA Information Systems, Inc. v. Greenwich Insurance

365 F.3d 996 · Court of Appeals for the Eleventh Circuit · Apr 9, 2004

The second press release stated that “Prior experience has shown that . . . credit card issuers may often provide speedier reimbursement to passengers than the claims process established to handle claims under bonds issued … Essentially, NOVA argues that it qualifies for equitable subrogation because it paid Greenwich's debt to Premier passengers.

United States v. Erin Sharma

394 F. App'x 591 · Court of Appeals for the Eleventh Circuit · Aug 24, 2010

“To affirm the denial, we need determine only that a reasonable factfinder could conclude that the evidence established the defendant’s guilt beyond a reasonable doubt.” Id. … Thus, “the more severe punishment prescribed for those Section 242 violations resulting in death is clearly designed to deter the type of conduct that creates an unacceptable risk of loss of life.” Id. at 821.

United States v. Earl R. Wolfe

367 F. App'x 74 · Court of Appeals for the Eleventh Circuit · Feb 24, 2010

The Guidelines also provide that “[t]o qualify for an adjustment [under § 3B1.1], the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.” … The challenger “bears the burden of establishing that the sentence is unreasonable in light of both [the] record and the factors in section 3553(a).” United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005).

United States v. Satterfield

743 F.2d 827 · Court of Appeals for the Eleventh Circuit · Oct 3, 1984

When Satterfield later took off his mask, Callaway could see his face, but because it was dark she could not see it very clearly. … For example, courts will be called upon to determine the class of persons who can qualify as "victim[s] of the offense” under subsection 3579(a)(1). The VWPA and legislative history offer no guidance on this issue.

Cedric Jones v. James McDonough

215 F. App'x 812 · Court of Appeals for the Eleventh Circuit · Jan 24, 2007

Where a claim was adjudicated on the merits in state court, federal courts may not grant habeas relief unless the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established … Moreover, the state trial court’s decision was not an objectively unreasonable application of clearly established federal law.

Hill v. Jones

81 F.3d 1015 · Court of Appeals for the Eleventh Circuit · Apr 9, 1996

Hill to more clearly present issues critical to his case." Loewy continued to represent Hill. … Hill contends that under these circumstances, his collateral counsel's ineffectiveness should qualify as cause. In Coleman, the Supreme Court faced a similar but distinct situation.

United States v. Maxwell Garvice Johnson

Court of Appeals for the Eleventh Circuit · Feb 10, 2023

In other words, the use of such a nickname does not control whether a de- fendant qualifies for a four-level role enhancement as “an organizer or leader” or a three-level enhancement as “a manager … Johnson concedes that the govern- ment has established that he and Ms. Walker were members of the conspiracy at the time of the firearm possession.

Vincent Cavarra, Sr. v. Michael J. Astrue

393 F. App'x 612 · Court of Appeals for the Eleventh Circuit · Aug 18, 2010

Finally, the ALJ did not explain how the ability to perform basic household chores with difficulty qualified Cavarra to perform medium work, which “involves lifting no more than 50 pounds at a time with frequent lifting … “A clearly articulated credibility finding with substantial supporting evidence in the record will not be disturbed by a reviewing court.” Id. at 1562.

Center for Biological Diversity v. U.S. Army Corps of Engineers

941 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Nov 4, 2019

I understand this admonition to qualify what’s come before. See, e.g., Edison v. … As the record clearly shows, Mosaic intended to use its § 404 permit to mine phosphate for fertilizer.

United States v. Benjamin Smith

Court of Appeals for the Eleventh Circuit · Dec 4, 2025

Smith contends that Bruen qualifies as an intervening change in controlling law. We disagree. … Second, even assuming arguendo that Bruen still qualified as an intervening change in the law even though it issued prior to our mandate in Smith’s case, “[n]ot just any change in law qualifies as

United States v. Leonard Edward Westry, Jr.

613 F. App'x 812 · Court of Appeals for the Eleventh Circuit · May 28, 2015

This prong is satisfied when the defendant establishes “a reasonable probability that, but for the error, the outcome of the proceedings would have been different.” United States v. … Westry has met the first two prongs of plain-error review: the district judge clearly considered the need for rehabilitation in imposing the sentence, and, after Vandergrift, doing so was plain error.

Lana Patrick v. Pasco County Florida Tax Collector

Court of Appeals for the Eleventh Circuit · Jun 16, 2026

The district court determined that Patrick’s complaint failed to state a claim and that the defendants were protected by qualified immunity. … Patrick’s complaint did not include separate counts clearly stating her causes of action but rather contained only the above references to the First Amendment and the Florida Sunshine Law.

Sukhdev Singh v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 20, 2021

If an alien is unable to establish that he qualifies for asylum, he cannot meet the “more stringent” standard for withholding of removal. Id. 1. … Further, because Petitioner was unable to establish that he qualified for asylum, he could not meet the more 28  USCA11 Case: 20-13776 Date Filed: 08/20/2021

United States v. Suba

Court of Appeals for the Eleventh Circuit · Jan 9, 1998

contends that Managed Risk agreed to purchase a $125,000 Trust Company Bank certificate of deposit for Sizemore Security to use as collateral for a bond necessary to qualify as a self-insured.9 With supplemented assets, … The Government claims that the evidence clearly indicates Kelly's intent to defraud when he mailed a "request for $125,000 check"/invoice from the Augusta WC fund to the Trust Company Bank.

United States v. Edward Perl

Court of Appeals for the Eleventh Circuit · Oct 11, 2012

This tape would have established only that the script was not used in one of the very many calls Creative Concepts’ employees received and made. … Appellants argue that these writings were not sufficiently contemporaneous with the phone calls with the references to qualify as present sense impressions.

United States v. Wilfredo Robles

Court of Appeals for the Eleventh Circuit · Nov 19, 2025

(n.5). 6 The defendant bears the burden of establishing by a preponderance of the 6 In United States v. … Here, the district court did not clearly err in denying each of the appellants’ request for a minor role reduction.

United States v. James Keith Johnson

Court of Appeals for the Eleventh Circuit · Jul 23, 2020

It is well-established that a district court has no inherent authority to modify a defendant’s sentence and may do so “only when authorized by statute or rule.” United States v. … Even though Amendment 599 might have applied to his case, the PSI expressly observed that he alternatively would have qualified as a career offender, under § 4B1.1, which would have yielded the same offense level.

Doe v. Garrett, III

903 F.2d 1455 · Court of Appeals for the Eleventh Circuit · Jun 25, 1990

Section 794(a) of the Rehabilitation Act 6 provides: 9 No otherwise qualified individual with handicaps in the United States ... shall, solely by reason of her or his handicap, be excluded from the participation in, be denied … Codd, 429 U.S. at 627 , 97 S.Ct. at 884 . 24 Because Doe's due process claim so clearly fails on the merits, we need not consider at any length the district court's initial finding that Doe's claim is unreviewable under Mindes

Kevin Gerald Forde v. Miami Federal Department of Corrections

Court of Appeals for the Eleventh Circuit · Apr 11, 2018

Varela because absolute immunity protected him from suit under the Public Health Service Act, see 42 U.S.C. § 233(a), and dismissed the claim against Officer Salazar because Mr. … The rules governing the grievance procedures and exhaustion requirements at a federal detention center are established in the BOP’s Administrative Remedy Program. See 28 C.F.R. §§ 542.13–542.15.

United States v. De Andre Smith

967 F.3d 1196 · Court of Appeals for the Eleventh Circuit · Jul 30, 2020

In light of these factors, the district court did not clearly err in concluding that the lineup was not unduly suggestive. … That is enough to establish that her business was engaged in interstate commerce.