Case law

Arabian American Oil Company v. Scarfone

939 F.2d 1472 · Court of Appeals for the Eleventh Circuit · Aug 30, 1991

Aramco qualified the designers and contractors, entertained bids, assigned projects, and supervised construction. … After Aramco amended its complaint to delete the allegations of substandard design, Scarfone argued that the documents were still necessary to establish that Aramco was not damaged. R6-128-7.

United States v. Raymond Donovan Williams

579 F. App'x 837 · Court of Appeals for the Eleventh Circuit · Sep 5, 2014

On appeal, Williams argues that: (1) the district court erred in denying his motion for judgment of acquittal challenging the sufficiency of the evidence offered to establish that he conspired with another person to possess … We review a district court’s evidentiary rulings for abuse of discretion, which occurs when a decision “rests upon a clearly erroneous finding of fact, an errant conclusion of law, or an improper application of law to

Raquel Camps v. Roberto Bravo

142 F.4th 743 · Court of Appeals for the Eleventh Circuit · Jun 23, 2025

Our precedent, however, establishes that the TVPA’s statute of limitations may be equitably tolled. See Cabello, 402 F.3d at 1154. … Excluded also from calculation of the statute of limitations would be the period when a defendant has immunity from suit.

United States v. Herman Torres

531 F. App'x 964 · Court of Appeals for the Eleventh Circuit · Aug 9, 2013

Again, calls for a conclusion that this witness is not qualified to provide.” Doc. 450 at 127. But Defendant did not point out any errors in the transcripts or propose an alternative translation. … The commentary says in “rare situations” a defendant “may clearly demonstrate an acceptance of responsibility” despite going to trial. Id.

Craig v. Singletary

127 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Nov 7, 1997

Lonberger, 459 U.S. 422 , 103 S.Ct. 843 , 74 L.Ed.2d 646 (1983), and upon the district court's findings, which we have found not to be clearly erroneous, see, e.g., Anderson v. … For example, the confession of a mental patient that he and the suspect, aided by an army of little green men, committed the crime clearly would not pass muster.

Francisco Urdaneta v. Wells Fargo Bank N.A.

Court of Appeals for the Eleventh Circuit · May 16, 2018

We cannot say that the district court clearly erred in making such a decision. Young, 358 F.3d at 864. Accordingly, we affirm in this respect. II. … Section 2605(f) of RESPA establishes a private right of action for a borrower to enforce RESPA and Regulation X. See id.; 12 U.S.C. § 2605(f).

Acrylicon USA, LLC v. Silikal GMBH

985 F.3d 1350 · Court of Appeals for the Eleventh Circuit · Jan 26, 2021

The evidence AC-USA introduced at trial was likewise insufficient to establish lost profits. … (emphasis added). 42  USCA11 Case: 17-15737 Date Filed: 01/26/2021 Page: 43 of 44 To qualify as a prevailing party under a standard contractual

United States v. Casiano Baraona Estupinan

Court of Appeals for the Eleventh Circuit · Nov 23, 2005

The defendant has the burden of establishing his role by a preponderance of evidence. Id. … Crawford, 407 F.3d 1174, 1178 (11th Cir. 2005) (noting that “Booker established a ‘reasonableness’ standard for the sentence finally imposed on a defendant”).

Archivaldo Antonio Chow Davilla v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · May 21, 2021

4  USCA11 Case: 20-12414 Date Filed: 05/21/2021 Page: 5 of 9 finding that his contacting police was enough to diminish the threat to him and his fear of harm was clearly … ANALYSIS To qualify for withholding of removal, an alien bears the burden of showing either “past persecution in [his] country based on a protected ground,” Tan v. U.S.

United States v. Jose Rolando Garcia

405 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Mar 22, 2005

This evidence coupled with an abundance of physical evidence, including photographs of marijuana plants and cultivation paraphernalia, clearly indicate a marijuana cultivation network. … “Once the existence of a conspiracy is established, only slight evidence is necessary to connect a particular defendant to the conspiracy.” United States v. Clavis, 956 F.2d 1079, 1085 (11th Cir. 1992).

Irvin Shay Viers v. Warden

605 F. App'x 933 · Court of Appeals for the Eleventh Circuit · May 19, 2015

Viers has established cause and prejudice for failing to raise his objections to the testimony of Dr. … The pivotal question in most federal habeas cases is whether the state court’s application of clearly established federal law was unreasonable. See Harrington, 562 U.S. at 101, 131 S. Ct. at 785.

United States v. Younes Ali

Court of Appeals for the Eleventh Circuit · Jan 29, 2025

But before analyzing the jurisdiction of the district court, we must determine whether an appeal sits within our own jurisdiction as established by Congress. United States v. … Lynd, 301 F.2d 818, 822 (5th Cir. 1962) ( “the movant . . . was clearly entitled to have a ruling from the trial judge [on his motion], and since he did not grant the order his action in declining

His House Recovery, Inc. v. Cobb County, Georgia

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

Before 2010, recovery residences were considered halfway houses and could not qualify as group homes. … The Ordinance now allows recovery residences to qualify as group homes where the relevant conditions of the County’s zoning ordinance are met.

United States v. Mack Doak

47 F.4th 1340 · Court of Appeals for the Eleventh Circuit · Sep 7, 2022

The proponent of expert testimony bears the burden of showing that its expert is qualified, that the testimony is reliable, and that the explanations will help the jury. United States v. … He claims that the court clearly erred when it held that he was not indigent, because he “has a negative net worth, limited accessible assets, no current source of income, and no ability to pay a fine.”

Marshall DeWayne Williams v. FCC Coleman Warden

Court of Appeals for the Eleventh Circuit · Nov 9, 2022

A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures when making its determinations, or makes clearly erroneous findings of fact. Id. … However, Williams essentially reargued that: (1) his 99-year sentence is illegal, and (2) the district court erred by applying the standard for when a petitioner may seek relief under § 2241 established by this Court en banc

United States v. John Jeffery Carr

573 F. App'x 840 · Court of Appeals for the Eleventh Circuit · Jul 29, 2014

as Grade C violations, but the burglary of a dwelling offense qualified as a Grade A violation under U.S.S.G. § 7B1.1(a)(1). … A district court abuses its discretion if it applies an incorrect legal standard or makes findings of fact that are clearly erroneous. United States v.

United States v. Heraldo Mojica, Jr.

Court of Appeals for the Eleventh Circuit · Oct 26, 2018

To qualify for this enhancement, the defendant “must have been the organizer, leader, manager, or supervisor of one or more participants.” § 3B1.1 cmt. n.2. … Therefore, the district court did not clearly err by relying on Mr. Sandoval’s testimony and other corroborative evidence to find that Mr.

Richardson v. INS

162 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Dec 22, 1998

Although nothing in the record clearly establishes that the basis of the immigration judge's decision was a lack of jurisdiction, both parties agree that the immigration judge did not conduct a bond hearing, although witnesses … For example, INA § 240(c)(2)(A) provides that an alien has the burden of establishing eligibility for admission "clearly and beyond doubt" or "by clear and convincing evidence that the alien is lawfully present in the United

United States v. Oscar Jose Carreno Fernandez

Court of Appeals for the Eleventh Circuit · Feb 3, 2026

On appeal, the defendants argued that the government did not establish MDLEA jurisdiction by showing that the GFV was without nationality. Id. at 588–89. … Here, the district court did not clearly err in denying the de- fendants minor role reductions.

Nilay Esin v. U.S. Attorney General

561 F. App'x 780 · Court of Appeals for the Eleventh Circuit · Dec 10, 2013

Esin’s appeal, concluding that the IJ’s adverse credibility determination was not clearly erroneous and agreeing with the IJ’s finding that Ms. … Esin had failed to establish a well-founded fear of persecution based on her conversion to Christianity.