Case law

United States v. Angel Moreno

134 F. App'x 339 · Court of Appeals for the Eleventh Circuit · Jun 8, 2005

To qualify for safety valve relief under U.S.S.G. § 5C1.2, “the defendant . . . [must] truthfully disclose to the government all information and evidence that he has about the offense and all relevant conduct.” … To do so, he must establish that “there is a reasonable probability of a different result if the guidelines had been applied in an advisory instead of binding fashion by the sentencing judge.” Id. at 1301.

United States v. Apolinar Aguilar

214 F. App'x 964 · Court of Appeals for the Eleventh Circuit · Jan 24, 2007

The probation officer found that Aguilar qualified for a two-level enhancement for the possession of a firearm. U.S.S.G. § 2D1.1(b)(1). Aguilar objected to the enhancement. … The district court did not err in finding that Aguilar failed to prove that the connection between the gun and the offense was “clearly improbable.”

Mohammed Zeeshan Zafar v. U.S. Atty. Gen.

473 F.3d 1350 · Court of Appeals for the Eleventh Circuit · Aug 24, 2006

Zafar argued that because he was then under the age of twenty-one, he might qualify as a derivative beneficiary of his father’s employment-based visa petition if it was ultimately approved. … filed only labor certificate applications with the DOL, were not yet statutorily eligible for adjustment of status under § 1255(i), and had not filed I-485 applications for adjustment-of-status relief under § 1255(i), it clearly

United States v. Olga Lezcano

296 F. App'x 800 · Court of Appeals for the Eleventh Circuit · Oct 17, 2008

Rule 902(11) permits a party to authenticate business records with a written declaration of a records custodian or other qualified person, as long as the party provides notice of intention to the adverse party, and makes … Thus, Delgado has not shown the district court clearly erred by relying on one set of figures over another.

Ricardo Vega v. Secretary, Department of Corrections

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

“An unreasonable application of clearly established federal law occurs when the state court correctly identifies the governing legal principle but unreasonably applies it to the facts of the particular case.” … established federal law.

Maria Isabel Mendoza-Rodriguez v. U.S. Attorney General

405 F. App'x 359 · Court of Appeals for the Eleventh Circuit · Dec 13, 2010

In Castillo-Arias, this court held that the Board’s legal definition of what constitutes a particular social group was reasonable and “neither arbitrary, 5 capricious, nor clearly … CAT Relief To qualify for CAT relief, the applicant carries the burden of proof to “establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.”

United States v. Elroy Antonio Phillips

177 F. App'x 942 · Court of Appeals for the Eleventh Circuit · Apr 26, 2006

The government disclosed that all the cooperating defendants received limited use immunity and other assistance from the 2 government and all but White were convicted felons … The PSI concluded that Phillips qualified as an armed career criminal, pursuant to § 4B1.4(a), and a career offender, pursuant to § 4B1.1(a).

Port Terminal & Warehousing Co. v. John S. James Co.

695 F.2d 1328 · Court of Appeals for the Eleventh Circuit · Jan 17, 1983

Allen McKinney, owner of same has somehow qualified as a licensed Foreign Freight Forwarder. The name of this new firm is McKinney Forwarding Company. … Eaton: It has come to our attention that your agent in Savannah, Georgia has established itself as a licensed foreign freight forwarder.

Reynolds v. McInnes

338 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Jul 22, 2003

That affidavit supported the defendants’ position that there were serious problems with the plaintiffs’ proposed classifications and the qualifying tests that would be used for hiring for those new positions under the … It reached that conclusion because we had clearly instructed that consent decrees, like other injunctions, are to be enforced through the district court’s contempt power. Id. at 1297.

United States v. Malcom Anwar Williams

Court of Appeals for the Eleventh Circuit · Jun 28, 2023

At sentencing, Williams was deemed a career offender under U.S.S.G. 4B1.2(a) on the basis that the Hobbs Act robbery conviction qualified as a “crime of violence,” and Williams had two prior state … “To conclude that we are not bound by a prior holding in light of a Supreme Court case, we must find that the case is ‘clearly on point’ and that it ‘actually abrogate[s] or directly conflict[s] with

Branch Banking and Trust Company v. Oswald P. Carrerou

Court of Appeals for the Eleventh Circuit · May 8, 2018

As the Zivtiz court explained, when read in context, the “may lose important rights” language in Section 77.041 merely accounts for instances in which the debtor ultimately does not qualify for an exemption and thus never … Moreover, as the Zivitz court observed, permitting debtors to exceed the clearly stated statutory deadlines would not only “render meaningless the time requirements established in the statute for filing claims of exemptions

Sumnar Robert Brewster v. Gary Hetzel

913 F.3d 1042 · Court of Appeals for the Eleventh Circuit · Jan 22, 2019

established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). … That list is not exhaustive, and the presence of some of the circumstances does not necessarily establish a substantial risk of coercion.

United States v. John Dennis Chapman

356 F. App'x 361 · Court of Appeals for the Eleventh Circuit · Dec 16, 2009

The record establishes that Sanchez participated in a single conspiracy. … The district court did not clearly err by finding that Sanchez did not qualify for reductions in his sentence. 15  F.

United States v. Walter C. Louissaint

407 F. App'x 378 · Court of Appeals for the Eleventh Circuit · Jan 4, 2011

Florida law determines whether Louissaint’s convictions qualify as “violent felonies” under the ACCA. See 18 U.S.C. § 921(a)(20). … As such, these convictions qualify as predicate convictions under ACCA. Second, the district court correctly concluded that Louissaint’s convictions qualified as “violent” for ACCA purposes.

United States v. Spencer Hogue, Jr.

812 F.2d 1568 · Court of Appeals for the Eleventh Circuit · Mar 30, 1987

When Kynard had been elected for the first time, Albert Turner and his family had demanded jobs with the county, and Kynard responded that they should submit applications and that Kynard intended to appoint the most qualified … This may explain why courts have spoken as though the falsity of & proposition — or the truth of its opposite — has been established by a not guilty verdict. For brevity, we will indulge in this manner of expression.

United States v. Mariece Sims

161 F. App'x 849 · Court of Appeals for the Eleventh Circuit · Jan 4, 2006

. § 2A4.1(b)(5), by two levels because Owens qualified as a vulnerable victim under U.S.S.G. § 3A1.1, and by an additional two levels because Sims was a leader or organizer under U.S.S.G. § 3B1.1(c). … Although the error was not plain at the time of sentencing, “where the law at the time of trial was settled and clearly contrary to the law at the time of appeal . . . it is enough that the error be ‘plain’ at the time

United States v. Tony DeVaughn Nelson

Court of Appeals for the Eleventh Circuit · Mar 13, 2013

“If Congress desires to go further,” the Court added, “it must speak more clearly than it has.” Id. … Clearly Nelson sought to hide the SSI payments. I do not know why. But neither does anyone else – least of all the jury. Perhaps tax evasion was his motive.

United States v. Tony DeVaughn Nelson

712 F.3d 498 · Court of Appeals for the Eleventh Circuit · Mar 13, 2013

“If Congress desires to go further,” the Court added, “it must speak more clearly than it has.” Id. … Clearly Nelson sought to hide the SSI payments. I do not know why. But neither does anyone else – least of all the jury. Perhaps tax evasion was his motive.

U.S. Securities and Exchange Commission v. Spartan Securities Group, LTD

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

Island argues that these two cases establish that the disgorgement or- dered here was inequitable. … The SEC allege that Rose and 26 The record does not clearly reveal whether the Court or the SEC drafted Instruction 19 on Count VI.

United States v. Branden Lavon Millender

Court of Appeals for the Eleventh Circuit · Oct 15, 2019

So “we will not set aside a district court’s determination that a defendant is not entitled to a § 3E1.1 adjustment unless the facts in the record clearly establish that the defendant has accepted responsibility.” … 8  Case: 19-10142 Date Filed: 10/15/2019 Page: 9 of 9 As for the § 3E1.1(b) one-level reduction, Millender ignores the necessity of a government motion, which he lacked, to qualify