Case law

United States v. Jordan Leahy

Court of Appeals for the Eleventh Circuit · Sep 25, 2025

The bounds of Congress’s authority to enforce the Thir- teenth Amendment are well established. … Jones so clearly demands that we uphold § 245(b)(2)(B) that Leahy seeks a way around it. He spends the bulk of his argument adopting a bold strategy.

Charles Baldwin v. Express Oil Change, LLC

87 F.4th 1292 · Court of Appeals for the Eleventh Circuit · Dec 6, 2023

applying O.C.G.A. § 13-8-57(b), it presumed the opposite. 14 13 The “at a minimum” language contained in O.C.G.A. § 13-8-51(17) suggests that not just any amount of consideration will suffice to qualify … to modify the . . . geographic area established herein, to the extent such court determines is necessary . . . [for] this Agreement [to] be enforced.” Doc. 1-1 at 52.

Gary Glenn v. American United Life Insurance Company

604 F. App'x 893 · Court of Appeals for the Eleventh Circuit · Apr 14, 2015

Finding that Plaintiff failed to establish an entitlement to long-term disability benefits under the Policy, the district court entered judgment as a matter of law in favor of defendants. This timely appeal followed. … Patterson qualified his earlier agreement with the result of the Functional Capacity Exam.

AMERICAN ASS'N OF PEOPLE WITH DISAB. v. Harris

605 F.3d 1124 · Court of Appeals for the Eleventh Circuit · May 11, 2010

The City and the County are consolidated and are governed under the Charter of the Consolidated Government of the City of Jacksonville, which established a mayor-city council form of government. … There is no freestanding private right of action to enforce a statute’s implementing regulation 18 unless Congress has clearly indicated, expressly or impliedly, to the contrary

United States v. David Lopez Mendez

490 F. App'x 287 · Court of Appeals for the Eleventh Circuit · Sep 21, 2012

“Only if the defendant can establish that [he] played a relatively minor role in the conduct for which [he] has already been held accountable—not a minor role in any larger criminal conspiracy—should the district court … However, even assuming that the challenged testimony did qualify as an extrajudicial statement, Ocampo has not shown that Carcamo’s statement directly inculpated Ocampo in the conspiracy.

Adriana Patricia Hurtado v. U.S. Attorney General

136 F. App'x 331 · Court of Appeals for the Eleventh Circuit · Jun 23, 2005

Claims not clearly outlined on appeal are deemed abandoned, and thus will not be addressed. See Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1228 n.2 (11th Cir. 2005); Allison v. McGhan Med. … “To qualify as persecution, a person’s experience must rise above unpleasantness, harassment, and even basic suffering.” Nelson v. INS, 232 F.3d 258, 263 (1st Cir. 2000).

Megan Sands v. Kawasaki Motors Corp. U.S.A.

513 F. App'x 847 · Court of Appeals for the Eleventh Circuit · Mar 20, 2013

Federal Rule of Evidence 702, which controls the admission of expert testimony, provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form … “For reversible error to be found in a closing argument, the challenged argument must be ‘plainly unwarranted and clearly injurious.’” Id.

United States v. Michael Venetez McRae

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

For a waiver of the Sixth Amendment to be valid, the defendant must clearly and unequivocally assert his right of self-representation. Fitzpatrick v. … McRae relies on our decision in Jackson I, to argue that his two 2017 cocaine offenses do not qualify under the ACCA. In United States v.

United States v. Kimberly Shea Tebrugge

134 F. App'x 291 · Court of Appeals for the Eleventh Circuit · May 17, 2005

The district court, therefore, did not clearly err in denying Tebrugge’s request for a § 3B1.2(b) minor-role adjustment. … right to allocute was not constitutional; and (2) no authority supported the defendant’s claim that the court either had to refuse to consider evidence of acts for which the defendant had not been charged, or grant him immunity

United States v. Joel Vivas-Moreno

255 F. App'x 381 · Court of Appeals for the Eleventh Circuit · Nov 13, 2007

In Rodriguez De Varon, 175 F.3d at 940-45, we established a two-part test to determine whether a mitigating-role reduction is appropriate. … The district court did not clearly err in determining that Vivas-Moreno failed 3 to qualify for a minor-role reduction under § 3B1.2.

United States v. Sudiata Stinson

Court of Appeals for the Eleventh Circuit · Sep 25, 2025

But the PSI increased Stinson’s offense level to 32 because he had three predi- cate controlled substance convictions that qualified him as a career offender. Id. § 4B1.1(b)(3). … The government contended that Stinson “ha[d] clearly shown that he[] [was] not going to be deterred,” as he continued to sell drugs despite previously serving lengthy sentences for similar crimes,

Leonardo Esparza-Diaz v. U.S. Attorney General

606 F. App'x 962 · Court of Appeals for the Eleventh Circuit · Apr 2, 2015

Our review of the Notice of Appeal and Esparza-Diaz’s brief to the BIA establish that Esparza-Diaz sufficiently alleged the IJ’s error before the BIA. Alim, 446 F.3d at 1253. … The record of conviction clearly indicates that Esparza-Diaz was convicted of and sentenced for open carrying of a firearm.

Ashley L. Dunn v. Secretary, Department of Corrections

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

To qualify as an “application for State post-conviction or other collateral review,” a pleading actually must seek “review” by making a good faith request for legal relief from the court. Sibley v. … Moreover, the district court did not clearly err in finding that Dunn was not diligent. Diaz, 362 F.3d at 702 & n.7.

United States v. Ronald Morrobel

Court of Appeals for the Eleventh Circuit · Nov 5, 2018

For Morrobel, the district court did not clearly err in applying the four-level trafficking-in-firearms enhancement. … Morrobel next argues he is not an armed career criminal because his conviction for Florida aggravated assault does not qualify as a violent felony.

International Aircraft v. Unidentified Wrecked

218 F.3d 1255 · Court of Appeals for the Eleventh Circuit · Jul 17, 2000

Dudley qualified his answer as conjectural, and expressed the need to research the question.4 Moreover, Dr. … Reg. 11727 (1944) (establishing a pricing policy for surplus aircraft both within the United States and abroad).

Albert Alunni v. Development Resources Group, LLC

445 F. App'x 288 · Court of Appeals for the Eleventh Circuit · Oct 27, 2011

The district court concluded that the sales of the Legacy Dunes condominium units to the plaintiffs were not investment contracts, and thus did not qualify as securities for purposes of the federal securities laws. … The Supreme Court concluded, under the circumstances, that the coupled transaction was an investment contract: The transactions in this case clearly involve investment contracts as so defined.

United States v. Steven Lawrence Lake

274 F. App'x 784 · Court of Appeals for the Eleventh Circuit · Apr 18, 2008

Booker does not alter our previously established standards of review of the district court’s interpretation of the Guidelines. See id. … err in finding that Lake had not provided truthful and complete information to the government and, thus, that he did not qualify for safety-valve relief.

United States v. Clinton Givens

179 F. App'x 570 · Court of Appeals for the Eleventh Circuit · Apr 27, 2006

The judgment in each of those cases clearly indicates the nature of the offense as involving the sale or possession of cocaine. … Accordingly, the district court did not clearly err in finding that the evidence established by a preponderance that Givens qualified as a career offender under the sentencing guidelines. See United States v.

William Sims v. Alexis Figueroa

Court of Appeals for the Eleventh Circuit · Jan 21, 2022

The district court rejected the doctor’s arguments to dismiss the com- plaint for lack of exhaustion of administrative remedies, for failure to state a claim of deliberate indifference, and as barred by qualified immunity … Sims’s medical records establish that Dr. Figueroa provided at least minimally adequate treatment for Sims’s hemorrhoids. That Dr. Montoya and Dr. Li had different medical judgments did not establish that Dr.

United States v. Campa

419 F.3d 1219 · Court of Appeals for the Eleventh Circuit · Aug 9, 2005

Some venire members were clearly biased against Castro and the Cuban government. … (b) The Attorney General shall promulgate rules and regulations establishing requirements for notification. 18 U.S.C. § 951 (a) and (b).