Case law

United States v. Sam Bradley Douglas

193 F. App'x 925 · Court of Appeals for the Eleventh Circuit · Aug 18, 2006

If a defendant qualifies for this two-level reduction, he may be eligible for an additional one-level reduction. U.S.S.G. § 3E1.1(b). … Accordingly, Douglas cannot establish plain error. 5  II.

United States v. William Franklin Booth

252 F. App'x 288 · Court of Appeals for the Eleventh Circuit · Oct 23, 2007

“The district court’s interpretation of the sentencing guidelines is subject to de novo review on appeal, while its factual findings must be accepted unless clearly erroneous.” United States v. … In De Varon, we established a two-part test to determine whether a role reduction is appropriate. See De Varon, 175 F.3d at 940-45.

Harrell v. the Florida Bar

608 F.3d 1241 · Court of Appeals for the Eleventh Circuit · Jun 17, 2010

Thus, this type of as-applied challenge is most likely to be ripe if the rules clearly apply on their face, or if the enforcing authority -- here, the Bar -- has told us that they apply. … We recognize that to produce a finalized television advertisement might cost Harrell tens of thousands of dollars, and that appealing an adverse ruling to the Board might take upwards of a year -- both of which might qualify

Shaun Frederick vs Dept of Corrections, Attorney General of the State of Florida

438 F. App'x 801 · Court of Appeals for the Eleventh Circuit · Aug 17, 2011

Whether petitioner was denied effective assistance of counsel, where his lawyer failed to discover that one of the petitioner’s prior convictions did not qualify as a predicate offense for purposes of his habitual … Furthermore, petitioner has failed to establish that the outcome of the proceedings would have been different had his counsel objected to the amended information, and thus, he has failed to establish that he suffered any

United States v. Pedro Pinales-Espinal

375 F. App'x 937 · Court of Appeals for the Eleventh Circuit · Apr 21, 2010

The defendant has the burden of establishing entitlement to a reduction by a preponderance of the evidence. Id. at 939. … The party challenging the sentence has the burden of establishing unreasonableness in light of the record and the § 3553(a) factors. Id. at 788.

Holsomback v. White

Court of Appeals for the Eleventh Circuit · Jan 26, 1998

Because Holsomback clearly addressed this deficiency in recounting the procedural history of the case, (see R.1-1 at 60-61), however, we interpret his petition to include this allegation. See Golden v. … Nolen was qualified as an expert in family medicine and all the areas it encompasses. (See R.1-7, Ex. F at 17). Dr.

United States v. Donald Lee Ubele

215 F. App'x 971 · Court of Appeals for the Eleventh Circuit · Feb 2, 2007

Qualifying Prior Convictions Second, Ubele asserts the district court erred in designating him as an armed career offender because the record did not support that he had three prior convictions to qualify him as … By contrast, “[t]he fact of a prior conviction clearly may be found by the district court.” Id. (emphasis added).

United States v. Robert Blackman, Marvin Hinsey, Kenny Thompson, Salathiel Calvin Thompson

66 F.3d 1572 · Court of Appeals for the Eleventh Circuit · Oct 20, 1995

The court denied the challenge and said, among other things, that defendants had failed to establish a "pattern" of racial discrimination. 6 To establish a violation under Batson v. … And, based on the record of Bentley's statements, the trial court's finding is, at least, not clearly erroneous.

United States v. Carlos Diaz

377 F. App'x 883 · Court of Appeals for the Eleventh Circuit · May 4, 2010

The evidence established that Crespo-Dones conspired with Diaz to purchase cocaine from Zapada. … The district court did not clearly err in finding that Diaz obstructed or impeded justice by feigning a mental illness.

United States v. Jorge Hernandez

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

To establish plain error, a defendant must show that there is an error, that it was plain, and that it affected his substantial rights. United States v. Moriarty, 429 F.3d 1012, 1019 (11th Cir. 2005) (per curiam). … Hernandez’s plea agreement clearly indicated that Hernandez faced a minimum term of 5 years’ supervised release. 1 At the plea colloquy, the district court ensured that Hernandez understood “the consequences of [his] guilty

United States v. Willie C. Anderson

131 F. App'x 212 · Court of Appeals for the Eleventh Circuit · May 10, 2005

In this case, Alexander clearly possessed “reasonable suspicion” to conduct a Terry frisk of Anderson. … In so doing, the district court clearly violated Anderson’s Sixth Amendment rights under Booker.

Ricky Wayne Bracewell v. Walter W. Kelley

454 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Jun 30, 2006

Our dissenting colleague argues that decisions of the Supreme Court and this Court establish that a crop loss automatically creates property rights. … See Agricultural Assistance Act of 2003, § 202(a) (“The Secretary ... shall use such sums as are necessary ... to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for

United States v. Stephen G. House

684 F.3d 1173 · Court of Appeals for the Eleventh Circuit · Jun 20, 2012

“An abuse of discretion occurs if the district court applies an incorrect legal standard or makes findings of fact that are clearly erroneous.” United States v. Wilk, 572 F.3d 1229, 1234 (11th Cir. 2009). … Ct. 576, 578 (1951) (holding that a jury could find that a private detective who was qualified as a special police officer had acted under color of law when he flashed his badge while committing a series of assaults).

United States v. Tristin Washington

Court of Appeals for the Eleventh Circuit · Oct 1, 2025

Nevertheless, even if somehow Washington could establish that § 2G2.2 would yield a higher total offense level compared to § 2G2.1, he cannot show that any potential error affected his substantial … Washington’s actions may not qualify as “distribution” under § 2G2.1(b)(3), given that he solicited images and videos from B.G., but no evidence shows he thereafter delivered or shared the material

United States v. Li Valdes

688 F. App'x 739 · Court of Appeals for the Eleventh Circuit · May 16, 2017

Brey argues that the district court clearly erred in determining that MDEA was the most closely related substance to ethylone under Application Note 6 to § 2D1.1 because the government did not put forth any evidence establishing … Brey does not dispute that the experts were qualified. We also readily conclude that their testimony was helpful to determine a fact in issue. Brey’s contention that only potency was at issue is unpersuasive.

Jennifer Smith v. Florida A & M University Board of Trustees

Court of Appeals for the Eleventh Circuit · Oct 8, 2020

Smith cannot establish a prima facie case of pay discrimination under the Equal Pay Act. … To establish a prima facie case under that framework, a plaintiff must show that she was a qualified member of a protected class and subjected to an “adverse employment action” in contrast to similarly situated employees

Saul Otoniel Gaspar-Gaspar v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Apr 18, 2024

She concluded that none of Gaspar-Gaspar’s proposed groups qualified as a particular social group, stating, “[r]esistance to gang recruitment is not a particular social group as defined by case law … The Board concluded that the immigration judge’s finding that Gaspar-Gaspar had failed to establish a nexus was not clearly erroneous.

United States v. Susan Denise Harper

339 F. App'x 974 · Court of Appeals for the Eleventh Circuit · Aug 3, 2009

We held that a hearsay statement made against penal interest failed to qualify as sufficient indicia of reliability, particularly because the co-conspirator was a fugitive. Id. at 1275-76. … As the record here shows, the district court did not clearly err in including the two attempted checks as part of the loss amount for Harper’s offense.

United States v. Leonard Allen, Jr.

274 F. App'x 811 · Court of Appeals for the Eleventh Circuit · Apr 21, 2008

We have established such evidence is admissible if (1) it is relevant to an issue other than the defendant’s character; (2) it is established by sufficient proof to permit a jury to find that the defendant committed the … Other evidence presented at trial clearly established that Allen had access to guns.

United States v. Jose Luis Montes

151 F. App'x 846 · Court of Appeals for the Eleventh Circuit · Sep 27, 2005

shows that he did not qualify for this relief. … for relief under the “safety valve” provisions, and the evidence in the record also did not clearly establish that the defendant did not qualify). 19  Under § 5C1.2(