Case law

United States v. Samuel Valiant Shannahan, III

135 F. App'x 253 · Court of Appeals for the Eleventh Circuit · Jun 10, 2005

To prevail under a plain error standard, the appellant must establish: (1) an error; (2) that the error is plain; and (3) that the plain error affected substantial rights. United States v. … Based on these standards, the district court did not clearly err by denying Shannahan the § 3E1.1 reduction.

United States v. Maurice Hicks

174 F. App'x 505 · Court of Appeals for the Eleventh Circuit · Apr 4, 2006

. §§ 841 and 846 are unconstitutionally overbroad in that they allow the federal government to regulate conduct with little or no connection to interstate commerce; (2) that the government failed to establish the interstate … Govan, 293 F.3d 1248, 1250 (11th Cir. 2002) (noting that it was undisputed that defendant’s prior conviction for delivery of cocaine qualified as a controlled substance offense within the meaning of U.S.S.G § 4B1.2(b))

United States v. Sydney Samuel Hamilton

154 F. App'x 775 · Court of Appeals for the Eleventh Circuit · Nov 15, 2005

Other than this brief comment, nothing in the record tells us why the court concluded that the appellant did not qualify for a § 5C1.2 reduction. … Furthermore, the evidence in the record does not clearly establish that he did not qualify. . .

Young Apartments, Inc. v. Town of Jupiter, Florida

Court of Appeals for the Eleventh Circuit · Jan 7, 2013

immunity. … immunity.

United States v. Heraclio Gutierrez

Court of Appeals for the Eleventh Circuit · Apr 21, 2020

Here, the district court did not clearly err in holding Gutierrez accountable for the drug quantity calculated in the PSR. … And combined with the other shipments, and even assuming the earlier amounts were overstated to some degree, the drug quantity involved in Gutierrez’s offense was clearly sufficient to qualify him for level 38.

Edwin Jose Velasquez-Otero v. U.S. Attorney General

456 F. App'x 822 · Court of Appeals for the Eleventh Circuit · Feb 1, 2012

Therefore, the BIA’s decision in this case was not arbitrary, capricious, or clearly contrary to law. … “To qualify for withholding of removal or CAT relief, an alien must establish standards more stringent than those for asylum eligibility.” Rodriguez Morales v. U.S.

Gulf Power Co. v. Federal Communications Commission

208 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Apr 11, 2000

For the FCC to be able to regulate the rent for an attachment that provides Internet service then, Internet service must qualify as either a cable service or a telecommunications service. … They are usually located within cables that also contain fibers providing cable or telecommunications services, i.e., lit fibers the FCC clearly has the authority to regulate.

Eric Wendell Holloman v. Jacksonville Housing Auth

Court of Appeals for the Eleventh Circuit · Jan 30, 2007

To state a claim under Title II of the ADA, a plaintiff must allege that (1) he is a “qualified individual with a disability,” (2) he was “excluded from participation in or . . denied the benefit of the services, programs … successful § 1985(3) conspiracy claim, a plaintiff must allege: (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person of the equal protection of the laws, or of equal privileges and immunities

United States v. Jamerson Vashon Smalls

397 F. App'x 606 · Court of Appeals for the Eleventh Circuit · Sep 28, 2010

The guideline commentary further provides that the defendant will qualify for the enhancement if he was the organizer or leader “of one or more other participants.” U.S.S.G. § 3B1.1, comment. … We thus concluded that the government had not sufficiently established facts to support the application of the leadership-role enhancement. Id. at 1030.

Jane Doe v. Celebrity Cruises, Inc.

394 F.3d 891 · Court of Appeals for the Eleventh Circuit · Dec 22, 2004

Indeed, the Oasis is a short, five-to-ten-minute walk from the ship, and the ship is clearly visible from the club. … Because Doe is a resident of Connecticut and no defendant resides there, diversity jurisdiction clearly exists. See 28 U.S.C. § 1332(a); Triggs v.

United States v. Nemias Cintora-Gonzalez

569 F. App'x 849 · Court of Appeals for the Eleventh Circuit · Jun 24, 2014

211-month total sentence based on a low-end guideline sentence of 151 months because Armando-Reyes was responsible for a lesser amount of drugs, he did not maintain the premises for drug distribution, and he did not qualify … As such, the government had to rely on the calls to establish the scope of the conspiracy.

Karastan Edwards v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Mar 6, 2024

DENIAL OF WITHHOLDING OF REMOVAL ISSUE To qualify for withholding of removal, Edwards must show that if he returned to Jamaica his life or freedom would be threat- … on point” and “clearly contrary” to the panel precedent.

Odie Gray v. Deloitte LLP

Court of Appeals for the Eleventh Circuit · Mar 11, 2021

argued, in reply, that he established pretext. … Sampson, 518 F.3d 870, 874 (11th Cir. 2008) (stating although we liberally construe the pleadings of pro se litigants, issues that a pro se litigant has not clearly raised on appeal are still deemed abandoned and we will

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit · May 13, 2025

All three of Miller’s prongs must be satisfied for content to qualify as “obscene.” … It held that “AOE, as principal sponsor of the ballot initiative, qualified to defend Ar- ticle XXVIII on appeal.” Id. at 58, 117 S. Ct. at 1064.

Fireman's Fund Insurance Company v. In Any Event

254 F.3d 987 · Court of Appeals for the Eleventh Circuit · Jun 19, 2001

In reaching its decision, the district court found that the bill of lading legibly and clearly described the stage as "one unit" or "package" for purposes of COGSA. … § 1304(5), when it concluded that the mobile stage trailer qualified as one "package," such that Tropical and Birdsall's liability for damage to the stage should be limited to $500.

Albert Yaw Oppong v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Sep 15, 2020

Moreover, the record clearly shows that the BIA considered this evidence and explicitly rejected it as insufficient to meet his burden. See Malu v. U.S. … Withholding of Removal and CAT Relief Finally, because Oppong has failed to establish a claim of asylum on the merits, and all three of his claims rely upon the same evidence, he necessarily fails to establish eligibility

United States v. Marrell Hunter

Court of Appeals for the Eleventh Circuit · Aug 14, 2020

offenses consistent with well-established case law in this circuit.” … To constitute an overruling of a panel precedent, a Supreme Court decision must be clearly on point and must “actually abrogate or directly conflict with, as opposed to merely weaken, the holding of the prior panel.”

United States v. Kandi Kay Holden

566 F. App'x 860 · Court of Appeals for the Eleventh Circuit · May 20, 2014

At sentencing, the district judge determined Holden qualified for a two-level enhancement for obstruction of justice under U.S.S.G. § 3C1.1, based on her statements to Agent Pekerol that she had been authorized to transfer … Therefore, the district judge did not clearly err in finding that Holden’s false statements led the government down a “rabbit trail” and significantly had hindered or obstructed the investigation of her offenses.

United States v. Joshua Eugene Gaines

Court of Appeals for the Eleventh Circuit · Sep 10, 2025

our purposes, it then explained that no “conviction is ‘presumptively’ a felony” and that § 1229b(a)(3) would apply only if “the record of conviction of the predicate of- fense” had “necessarily establishe … Finally, the Act specifies the circumstances under which a community-corrections sentence may be altered or revoked—and, in so doing, clearly distinguishes between community-corrections programs and

United States v. Carlington Cruickshank

Court of Appeals for the Eleventh Circuit · Jan 12, 2018

In De Varon, we established a two-part test to determine whether a defendant qualifies for a minor-role adjustment. See id. at 940. … Here, the district court did not clearly err in denying Cruickshank a two- level minor-role reduction.