Case law

United States v. Kyle Melkonian

Court of Appeals for the Eleventh Circuit · Nov 8, 2023

We will not set aside the district court’s determination on this issue un- less “the record clearly establishe[s] that a defendant has accepted personal responsibility.” United States v. … Here, the district court did not clearly err in declining to de- crease Melkonian’s offense level because the record does not clearly establish that he accepted responsibility.

United States v. Phillip Howard

Court of Appeals for the Eleventh Circuit · Jan 7, 2026

Wire fraud in violation of 18 U.S.C. § 1343 qualifies as a “racketeering activity.” 18 U.S.C. § 1961(1)(B). … Here, the district court did not clearly err in its calculation of the restitution value.

Charloris Hawkins v. BBVA Compass Bancshares Inc.

613 F. App'x 831 · Court of Appeals for the Eleventh Circuit · Jun 2, 2015

Under McDonnell Douglas, the plaintiff bears the initial burden of establishing a prima facie case, which generally requires showing: (1) the plaintiff was a member of a protected class; (2) she was qualified to do the … We address only the causation element of Plaintiff’s prima facie retaliation claim because her termination was clearly an adverse action and the district court assumed, without deciding, that Plaintiff had engaged in protected

Sherri S. Luke v. Board of Trustees Florida A&M University

674 F. App'x 847 · Court of Appeals for the Eleventh Circuit · Dec 22, 2016

A qualified employee is “not entitled to the accommodation of her choice, but only to a reasonable accommodation.” Stewart v. Happy Herman’s Cheshire Bridge, Inc., 117 F.3d 1278, 1285 (11th Cir. 1997). … First, the record demonstrates clearly that Chief Calloway’s decision to eliminate light duty positions was implemented department-wide as part of a larger restructuring of FAMU’s entire police department.

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.

Luxottica Group, S.p.A. v. Airport Mini Mall, LLC

932 F.3d 1303 · Court of Appeals for the Eleventh Circuit · Aug 7, 2019

The movant must also establish “substantial prejudicial effect.” Goldsmith v. Bagby Elevator Co., 513 F.3d 1261, 1276 (11th Cir. 2008). … The evidence was sufficient to support the jury’s finding that Luxottica established both elements as to Jerome, Donald, and Jamison.

Frank Gargett, Jr. v. Florida Department of Juvenile Justice

Court of Appeals for the Eleventh Circuit · Dec 18, 2023

Given that dif- ference in age, Plaintiff’s replacement clearly qualifies as being sub- stantially younger than Plaintiff for purposes of the third require- ment for a prima facie case. … See Liebman, 808 F.3d at 1299 (holding that a seven-year difference in age qualifies as substantially younger); see also Damon, 196 F.3d at 1360 (a five-year difference qualifies as substantially younger

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.

North American On-Site, LLC v. Zurich American Insurance Co.

Court of Appeals for the Eleventh Circuit · Oct 28, 2024

In particular, we must determine whether NAOS’s costs of remediation qualify as damages that it was legally obligated to pay. … App. 1997) (“[T]he law is clear in this state that an insurer, having affirmatively expressed coverage in broad promissory terms, has a duty to define any limitations or ex- clusions clearly and explicitly

United States v. Tajrick Conaway

535 F. App'x 898 · Court of Appeals for the Eleventh Circuit · Sep 17, 2013

We held that the defendants did not qualify for § 3582(c)(2) relief because Amendment 706 had no effect on their guideline ranges, which were calculated under § 4B1.1. Id. at 1327-30. … However, Justice Sotomayor concluded that “when a [Rule 11(c)(1)(C)] agreement expressly uses a Guidelines sentencing range to establish the term of imprisonment, and that range is subsequently lowered by the Commission

United States v. Roland Pugh Construction, Inc.

Court of Appeals for the Eleventh Circuit · May 12, 2010

In late 1999, the PRC changed the criteria, making it more difficult for other contractors to pre-qualify for “cured-in-place” work, and potentially delaying by two years the qualification of otherwise qualified contractors … Those do not establish any payment in July, whatsoever. They don’t establish any payment that’s been alleged in this case whatsoever. . . . He gave even another story while on the stand.

United States v. S. Sam Caldwell

776 F.2d 989 · Court of Appeals for the Eleventh Circuit · Nov 21, 1985

See, e.g., Haimowitz, 725 F.2d at 1571 (in scheme whereby defendant sought to obtain a liquor license for a client he knew was not qualified to receive it, mailings of false liquor license applications upon which the scheme … As such, the mailings, even though they were between the insurance companies, clearly were "closely related" to the schemes to defraud.

Mekdeci, David v. Merrell National Laboratories

711 F.2d 1510 · Court of Appeals for the Eleventh Circuit · Aug 15, 1983

Even more indicative, however, is the fact that the jury attempted to qualify its verdict. … Such a difference of opinion, standing alone, falls far short of establishing an irreconcilable conflict.

United States v. Jason Christopher Walker

479 F. App'x 329 · Court of Appeals for the Eleventh Circuit · Jul 11, 2012

First, he argues that the district court clearly erred in overruling his Batson objection. … Third, the trial court must determine if the defendant established purposeful discrimination. Id. Throughout, the ultimate burden of persuasion rests with the defendant. Id.

United States v. Savannah Rolle

Court of Appeals for the Eleventh Circuit · Mar 26, 2020

We acknowledged that Reed established errors in his indictment and at trial that Rehaif made plain. … The district court’s decision on the acceptance of responsibility reduction will not be overturned unless the facts in the record clearly establish that the defendant actually accepted personal responsibility.

United States v. Anthony Jerome Bell

218 F. App'x 885 · Court of Appeals for the Eleventh Circuit · Feb 23, 2007

In sentencing Bruce Bell, the district court clearly indicated that it applied the guidelines in an advisory fashion. … If evidence establishes that a defendant possessed a firearm, the district court may apply a 2-level enhancement under § 2D1.1(b)(1) “unless it is clearly improbable that the weapon was connected with the offense.”

Tittle v. Jefferson County Commission

10 F.3d 1535 · Court of Appeals for the Eleventh Circuit · Jan 6, 1994

Thus, the mere opportunity for suicide, without more, is clearly insufficient to impose liability on those charged with the care of prisoners. … likelihood exists that a constitutionally intolerable number of deaths will occur in the county's jail. 42 The majority's reasoning would permit the county to equip its jail cells forever with implements of suicide, fully immunized

United States v. Jorge Luis Reyes

Court of Appeals for the Eleventh Circuit · Jul 31, 2013

Even if some of Gonzalez’s objections at sentencing were well-founded, the record does not clearly establish that he accepted responsibility. See Moriarty, 429 F.3d at 1022-23. … Reyes also asserts that Ramos was given full immunity for her cooperation with the government.

Brandi McKay v. Miami-Dade County

36 F.4th 1128 · Court of Appeals for the Eleventh Circuit · Jun 9, 2022

The extent to which the intern and the employer clearly understand that there is no expectation of compensation. … And in participating in the Program, McKay clearly under- stood that she would not be paid and that she was not entitled to a job with Miami-Dade County following her internship.