Case law

United States v. Joel G. Audain

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

“A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes find- ings of fact that are clearly erroneous.” … Defendant does not allege a qualifying med- ical condition or an age-related basis for his release.

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.”

Gerald A. West v. C. Peoples

589 F. App'x 923 · Court of Appeals for the Eleventh Circuit · Oct 1, 2014

Thus, § 1997e(a) “clearly applies” to Bivens claims. Accord Alexander v. Hawk, 159 F.3d 1321, 1324 (11th Cir. 1998). “[T]he PLRA exhaustion requirement requires proper exhaustion.” Woodford v. … This specific, statutory exception to sovereign immunity is strictly construed. See Suarez, 22 F.3d at 1065.

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.

United States v. Timothy Smith

Court of Appeals for the Eleventh Circuit · Apr 10, 2024

At trial, Smith moved for a judgment of acquittal on the ex- tortion count based on the insufficiency of the evidence to establish that he intended to extort money or something of value. … Smith contends that Counterman qualifies as an intervening change in controlling law. But “[n]ot just any change in law qualifies as an exception to the law of the case doctrine.” United States v.

United States v. Donaveon Lightbourn

357 F. App'x 259 · Court of Appeals for the Eleventh Circuit · Dec 17, 2009

Lightbourn did not qualify for any additional adjustments, so his total offense level remained 33. … We accept the district court’s findings of fact unless they are clearly erroneous, but review de novo the application of law to those facts. Id.

United States v. Gary Todd Smith

Court of Appeals for the Eleventh Circuit · Apr 28, 2021

We therefore conclude that the district court did not clearly err by using the intended loss method to calculate the loss amount, nor did it clearly err by calculating the intended loss to be in excess of $70 million. … The district court based this enhancement on its finding that one of Smith’s victims qualified as a “vulnerable victim.”

United States v. William Irey

Court of Appeals for the Eleventh Circuit · Jul 29, 2010

R. 36-2, IOP 7 (“The court may cite to them . . . to establish the . . . facts of the case.”). … It is well established that a finding of fact is clearly erroneous when “although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been committed. . .

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. Darrell Mark Babcock

924 F.3d 1180 · Court of Appeals for the Eleventh Circuit · May 24, 2019

court held that an officer’s brief detention of a suspect’s phone during a traffic stop—for just long enough to see if it would ring when the officer dialed a known drug-distributor’s number—was sufficiently minimal to qualify … Alford, 543 U.S. 146, 149, 155– 56 (2004)), as did his own present-tense statements clearly indicating an ongoing relationship.

Michael Polelle v. Florida Secretary of State

131 F.4th 1201 · Court of Appeals for the Eleventh Circuit · Mar 11, 2025

As the three-judge court noted, “Connecticut’s voting laws clearly provide avenues for supporting candidates of one’s per- suasion without affiliating with an established ‘major’ political party.” … Sims, 377 U.S. 533, 554 (1964) (“[A]ll qualified voters have a constitutionally protected right to vote”); see also Classic, 313 U.S. at 315 (“[T]he right of qualified voters within a state to cast their

Joe Edwin Rogers, Jr. v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit · Oct 1, 2020

“To qualify as an ‘adequate’ procedural ground, a state rule must be ‘firmly established and regularly followed.’” Walker v. Martin, 562 U.S. 307, 316 (2011) (quoting Beard v. … P. 9.141(d)(5) is an independent and adequate state procedural ground that is firmly established and regularly followed.

United States v. Rachael Maia Winslow

Court of Appeals for the Eleventh Circuit · Jul 31, 2024

When construing a statute, we assume that Con- gress is aware of the well-established judicial construction of cer- tain terms, including legal terms of art. Id. … To qualify for the three-level enhance- ment, the defendant is only required to manage or supervise one other participant in the criminal offense. Id. (citing U.S.S.G. § 3B1.1, comment. (n.2)).

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.

Mandy Powrzanas v. Jones Utility and Contracting Co, Inc.

Court of Appeals for the Eleventh Circuit · Oct 30, 2020

It contended that her discrimination claim failed because the statements she made in her SSDI application established that she was not a “qualified individual.” … She must also establish that, although disabled, 8  USCA11 Case: 19-14314 Date Filed: 10/30/2020 Page: 9 of 20 she is a qualified individual, and she

BUC International Corp. v. International Yacht Council Ltd.

489 F.3d 1129 · Court of Appeals for the Eleventh Circuit · Jun 21, 2007

BUC proposed the following instruction: “BUC can establish copying [if] . . . … In light of the MiTek court's clearly expressed judgment that its application of "virtual identicality" was limited to a specific factual context, we see no inconsistency with BellSouth.

United States v. Taparrish Shakane Vails

Court of Appeals for the Eleventh Circuit · Jul 13, 2023

Vails argues on appeal that the district court clearly erred in denying his request for a minor role reduction under U.S.S.G. § 3B1.2. … Moreover, Vails cannot point to a broader criminal scheme and assert that he was a minor participant in that scheme to qualify for the reduction.

Kirby Mohammed v. Jacksonville Hospitalists, P.A.

712 F. App'x 872 · Court of Appeals for the Eleventh Circuit · Oct 18, 2017

Nor does Plaintiff’s argument that Defendant’s failure to clearly and consistently articulate its reasons for Plaintiff’s termination show pretext. … Plaintiff must rebut each of Defendant’s stated reasons for termination before she can show pretext, and she has clearly failed to do so.

Angela Ruckh v. Salus Rehabilitation, LLC

963 F.3d 1089 · Court of Appeals for the Eleventh Circuit · Jun 25, 2020

Bradley explained that in each week used to set the payment level, the defendants reported providing the patient with 720 minutes of therapy—the minimum amount needed to qualify for the Ultra High level. … This evidence, without more, is insufficient to establish materiality.

Marius Brown v. Wrigley Manufacturing Company

Court of Appeals for the Eleventh Circuit · Mar 7, 2023

Additionally, Brown served as a Safety Champion and assisted with validating and qualifying new Tab machines and equipment. … Under the second step of the McDonnell-Douglas frame- work, the employer must clearly explain the nondiscriminatory reasons for its actions, but it need not establish those reasons by a preponderance