Case law

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  • United States v. David Neil Yeager

    331 F.3d 1216 · Court of Appeals for the Eleventh Circuit · May 29, 2003

    Zweifel, 921 F.2d 1465, 1498 (11th Cir. 1991), but we have never clearly stated that proof that the victim reasonably relied on the misrepresentation is unnecessary. … profit fr om Y eager’s d iversion : Yeage r wron gfully sold Atrovent to non-authorized customers, using the low contract price from BIPI to bolster sales, and BIPI was denied the opportunity to sell Atrovent through establishe

    Cited 0 timesPublished
  • United States v. Dave Carty

    Court of Appeals for the Eleventh Circuit · Jul 20, 2020

    In order to qualify as a victim under the MVRA, an entity “must have suffered a harm that directly and proximately results from the commission of [the defendant’s] offenses.” … This qualifies the School District as a victim under the MVRA.

    Cited 0 timesUnpublished
  • Luz Meyers v. U.S. Attorney General

    Court of Appeals for the Eleventh Circuit · May 2, 2024

    First, the BIA case that establishes the presumption of deliv- ery for documents sent through the U.S. … Holloway, 510 U.S. 510, 516 (1994) (citation omitted) (holding that an appellate court address- ing qualified immunity is not limited to the authorities cited in the district court).

    Cited 0 timesUnpublished
  • United States v. Alberto Yuniel Garcia

    Court of Appeals for the Eleventh Circuit · Mar 14, 2018

    The Government bears the burden of establishing the attributable loss by a preponderance of the evidence. See United States v. Rodriguez, 751 F.3d 1244, 1255 (11th Cir. 2014). … In De Varon, we established a two-part test to determine whether a defendant qualifies for a minor-role adjustment. See id. at 940.

    Cited 0 timesUnpublished
  • United States v. Brenda Darling

    396 F. App'x 607 · Court of Appeals for the Eleventh Circuit · Sep 17, 2010

    Thus, if the 3201 report qualified as a business record under Federal Rule of Evidence 803(6), there would be no constitutional violation. … To constitute an ‘overruling’ for the purposes of this prior panel precedent rule, the Supreme Court decision must be clearly on point.” (citation and quotation marks omitted)).

    Cited 1 timesUnpublished
  • United States v. Wayne Dale Epps, Jr.

    Court of Appeals for the Eleventh Circuit · Jan 19, 2023

    USCA11 Case: 21-13922 Document: 41-1 Date Filed: 01/19/2023 Page: 8 of 13 8 Opinion of the Court 21-13922 government emphasized that in October, Epps “establish … Activity that qualifies as “relevant conduct” includes “all acts and omissions committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused by the defendant . . . that occurred

    Cited 0 timesUnpublished
  • Darly Napoleon v. U.S. Attorney General

    348 F. App'x 471 · Court of Appeals for the Eleventh Circuit · Oct 5, 2009

    To qualify for withholding of removal, an applicant must establish “that his life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion. … be returned to his country, then he cannot qualify for either asylum or withholding of removal.

    Cited 0 timesUnpublished
  • Sean Reilly v. Guelsy M. Herrera

    Court of Appeals for the Eleventh Circuit · Apr 3, 2018

    He further contends that the district court abused its discretion in denying the post-judgment motions because he established that we relied on erroneous facts when we decided Reilly I. … Under § 1983, a person acting under color of state law may be held liable for causing the deprivation of “any rights, privileges, or immunities secured by the Constitution.” 42 U.S.C. § 1983.

    Cited 0 timesUnpublished
  • Beck v. Prupis

    162 F.3d 1090 · Court of Appeals for the Eleventh Circuit · Dec 15, 1998

    For instance, they set up an entity called Construction Performance Corporation (CPC), which extracted substantial “fees” from otherwise non-creditworthy contractors in order to qualify them for SIG surety bonds, in violation … Beck’s cross-claim conspiracy has no overt act requirement – the agreement itself is sufficient to establish culpability.

    Cited 0 timesPublished
  • United States v. Edward Lezcano

    657 F. App'x 839 · Court of Appeals for the Eleventh Circuit · Jul 21, 2016

    A writ of mandamus is appropriate only if the plaintiff establishes that: (1) he has a “clear right to the relief requested”; (2) the defendant has a “clear duty to act”; and (3) “no other adequate remedy is available.” … Although Lezcano may disagree with the government’s conclusion that his cooperation was untimely, the ultimate decision as to whether Lezcano qualifies under Rule 35(b) is within the government’s discretion.

    Cited 0 timesUnpublished
  • United States v. Torrey Amica

    704 F. App'x 863 · Court of Appeals for the Eleventh Circuit · Aug 23, 2017

    Third, he argues that the court clearly erred in denying him an additional one-point reduction for acceptance of responsibility. II. DISCUSSION A. … “[T]he party challenging the 9 Case: 16-11835 Date Filed: 08/23/2017 Page: 10 of 13 sentence bears the initial burden of establishing that the district

    Cited 0 timesUnpublished
  • United States v. Perez

    432 F. App'x 930 · Court of Appeals for the Eleventh Circuit · Jun 29, 2011

    "We review the district court's interpretation of the Sentencing Guidelines de novo and accept its factual findings unless clearly erroneous." United States v. … Upon review of the record, we cannot say that the district court's finding was clearly erroneous. AFFIRMED. 16

    Cited 1 timesUnpublished
  • United States v. Yovanny Hernandez Severino

    Court of Appeals for the Eleventh Circuit · Jan 5, 2023

    Opinion of the Court 5 The government, in response, moved for summary affir- mance and to stay the briefing schedule, arguing that Severino failed to establish … Substantively, the government argues that Severino failed to estab- lish that he suffered from a qualifying medical extraordinary and compelling reason and the district court could not consider other

    Cited 0 timesUnpublished
  • United States v. Khalid Z. Sarsour

    271 F. App'x 923 · Court of Appeals for the Eleventh Circuit · Mar 31, 2008

    The probation officer estimated the total of retail value of qualifying goods by multiplying the total amount of qualifying goods bought for the market by Sarsour’s own estimate that 64% of his sales were from food stamps … The Guidelines state that if the defendant “clearly demonstrates acceptance of responsibility,” the offense level should be reduced.

    Cited 0 timesUnpublished
  • Paul L. Spain v. Brown and Williamson

    363 F.3d 1183 · Court of Appeals for the Eleventh Circuit · Mar 29, 2004

    ACLU of Alabama, 711 So. 2d 952, 964 (Ala. 1998) (“no appellate pronouncement becomes binding on inferior courts unless it has the concurrence of a majority of the Judges or Justices qualified to decide the cause”). … claims premised upon a failure to warn through advertisement: “insofar as claims under [a] failure-to-warn theory require a showing that . . . post-1969 advertising or promotions should have included additional, or more clearly

    Cited 21 timesPublished
  • United States v. Diaz

    190 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Sep 30, 1999

    The trial evidence established that Diaz gave Easterling United States currency to buy a truck. … Diaz failed to produce any evidence tending to show that such a connection was clearly improbable. The district court did not clearly err by imposing the enhancement. C.

    Cited 0 timesPublished
  • Anthony T. Lee, United States of America, Plaintiff-Intervenor, National Education Association, Inc., Plaintiff-Intervenor v. Etowah County Board of Education, Anthony T. Lee, United States of America, Plaintiff-Intervenor, National Education Association, Inc., Plaintiff-Intervenor v. Sylacauga City Board of Education, Anthony T. Lee, United States of America, Plaintiff-Intervenor, National Education Association, Inc., Plaintiff-Intervenor v. Talladega City Board of Education

    963 F.2d 1416 · Court of Appeals for the Eleventh Circuit · Jun 4, 1992

    March 10, 1988 order, averred that since 1984 it had sent recruiters to twelve different colleges and universities specifically for the purpose of interviewing minority teacher candidates but had been unable to attract qualified … irrelevant what precise language the district court used to announce its findings The plaintiffs further argue that even if the district court did find that the school systems had achieved unitary status, this finding is clearly

    Cited 0 timesPublished
  • United States v. Harold Olenda Peagler

    238 F. App'x 577 · Court of Appeals for the Eleventh Circuit · Aug 3, 2007

    A defendant bears the burden of establishing that he is entitled to a reduction for acceptance of responsibility. See United States v. Sawyer, 180 F.3d 1319, 1323 (11th Cir. 1999). … (b) If the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and upon motion of the government stating that

    Cited 0 timesUnpublished
  • Meeks v. Moore

    216 F.3d 951 · Court of Appeals for the Eleventh Circuit · Jun 27, 2000

    It clearly appears that defense counsel attempted to make the codefendant the more dominant participant.” Id. … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to

    Cited 0 timesPublished
  • Raymond Outler v. United States

    485 F.3d 1273 · Court of Appeals for the Eleventh Circuit · May 11, 2007

    After careful consideration of all the circumstances, we cannot conclude that Outler has established an entitlement to equitable tolling. … The recharacterization was clearly not obvious error at the time. More significant, the government argued the absence of prejudice, and Outler demonstrated none.

    Cited 112 timesPublished

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