Case law
Opinions from 1658 to today.
9,466 results
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Aaron Preston v. Secretary, Department of Corrections
Court of Appeals for the Eleventh Circuit · Aug 13, 2018
These differences, though, do not clearly establish a reasonable probability that the outcome would have been different, particularly where the other testimony already showed that the victim and/or his friends had a tire … As already explained, most of the trial judge’s admonishments occurred outside the presence of the jury, and those that the jury heard qualify (again, in context) as “gentle reminders.”
Cited 0 timesUnpublishedUnited States v. Peterson Jean
351 F. App'x 408 · Court of Appeals for the Eleventh Circuit · Nov 3, 2009
Because he qualified as a career offender under § 4B1.1, however, he got a criminal history category of VI. … Jean also asserts that a procedural error occurred because the district court selected a sentence based on clearly erroneous facts.
Cited 0 timesUnpublishedUnited States v. Muller Vedrine
Court of Appeals for the Eleventh Circuit · Nov 29, 2022
Thus, Vedrine clearly retained a possessory interest in the cell phones, which was interfered with when the government kept his phones. … Restitution Vedrine argues that the district court erred in awarding restitution because Capital One does not qualify as a “victim” under the MVRA.
Cited 0 timesUnpublished55 F.3d 1525 · Court of Appeals for the Eleventh Circuit · Jun 27, 1995
Viewed in context with Nolan's numerous pre-Arizona predicate acts, his Arizona predicate acts clearly exhibit the relationship plus continuity needed to prove a pattern of racketeering activity. H.J. … Hegney's and Sears's knowing implementation of the decision to commit murder qualifies under the Reves operation or management test.
Cited 0 timesPublishedKearney v. Auto-Owners Insurance
422 F. App'x 812 · Court of Appeals for the Eleventh Circuit · Apr 7, 2011
While the court acknowledged that Hahn was qualified to give an expert opinion on damage calculation generally, it also found that his testimony would not assist the jury in resolving the issues before them. … Hahn’s expert report stated that his testimony would establish that it was reasonable to assume a jury would award Kearney economic loss damages in excess of $50 million.
Cited 4 timesUnpublishedUnited States v. Reginald Lonnel Cray
450 F. App'x 923 · Court of Appeals for the Eleventh Circuit · Jan 12, 2012
In interpreting the Wiretap Act, 18 U.S.C. §§ 2510-2522, which Title I of the ECPA amended to address the interception of electronic communications, we held that, “while the Wiretap Act clearly provides criminal and civil … To establish plain error, a defendant must show that there is “(1) error, (2) that is plain, and (3) that affects substantial rights.
Cited 1 timesUnpublishedUnited States v. John Watkins, Jr.
Court of Appeals for the Eleventh Circuit · Dec 12, 2017
A district court abuses its discretion when its decision “rests upon a clearly erroneous finding of fact, an errant conclusion of law, or an improper application of law to fact.” United States v. … § 893.13, do not qualify as a “crime of violence” or a “controlled substance offense,” respectively, under USSG § 4B1.2.
Cited 0 timesUnpublishedLandcastle Acquisition Corp. v. Renasant Bank
57 F.4th 1203 · Court of Appeals for the Eleventh Circuit · Jan 12, 2023
A Belizean minister executed a lease waiving sovereign immunity. Id. at 1302–03. When GDG sued Belize for rent, Belize argued its minister lacked authority to waive immunity. … It then explained that Landcastle had flipped the burden to Re- nasant to establish the presence of apparent authority because Landcastle had established that Hardwick entered the transaction for
Cited 4 timesPublishedUnited States v. Rashaad DeShaun Foster
Court of Appeals for the Eleventh Circuit · May 21, 2018
We will not set aside a district court’s denial of a U.S.S.G. § 3E1.1 adjustment unless the facts in the record clearly establish that the defendant accepted responsibility. Tejas, 868 F.3d at 1248. … In determining whether a defendant qualifies for this reduction, appropriate considerations include, but are not limited to: (1) truthfully admitting to the conduct comprising the conviction; (2) voluntary termination
Cited 0 timesUnpublishedUnited States v. Chester Wayne Santoro
242 F. App'x 627 · Court of Appeals for the Eleventh Circuit · Jun 15, 2007
Santoro further contends the Cobray pistol does not qualify as a prohibited short-barreled rifle, for purposes of 26 U.S.C. § 5845(c), because the shoulder stock was not attached to the Cobray pistol at the time it was … Santoro has not met his burden of establishing the sentence imposed was unreasonable.
Cited 0 timesUnpublished157 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Oct 14, 1998
As we previously established, puts, calls, straddles and options share a material commonality: an underlying stock transaction. … As a result, Clay's analogy to stock options is not a persuasive one. 34 Because Congress clearly confined § 20A standing to individuals who purchased or sold the same class of securities as the inside trader, and Clay does
Vacated in part, on other grounds by Forrest Kelly Clay, Individually and on Behalf of All Those Similarly Situated v. Riverwood International Corporation, Thomas H. Johnson, 176 F.3d 1381 (1999)Cited 6 timesPublishedYelson Armand Rodriguez v. U.S. Attorney General
Court of Appeals for the Eleventh Circuit · Aug 31, 2022
On appeal, Rodriguez argued that he qualified as a refugee because he credibly testified and submitted evidence establishing that he suffered past persecution by the men who killed his brother and cousin because he was a … The IJ did not clearly err by determining that his attackers were motivated by the success of his business and envy, anger, or a personal dispute.
Cited 0 timesUnpublishedJohnson Enterprises of Jacksonville, Inc. v. FPL Group, Inc.
162 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Dec 18, 1998
Group concedes that JEJ established the first two elements, and, given the circumstantial evidence in the record,73 we conclude that JEJ established the third element. … Also, the claims for tortious interference with contractual relations and defamation did not incorporate by reference a few of the general allegations that clearly did not apply to those claims.
Cited 281 timesPublishedJeffery L. Mason v. FNU Bridger
261 F. App'x 225 · Court of Appeals for the Eleventh Circuit · Jan 8, 2008
“It is now established beyond a doubt that prisoners have a constitutional right of access to the courts,” and that the right must be “adequate, effective and meaningful.” Bounds v. Smith, 430 U.S. 817, 821–22, 97 S. … And the exhaustion requirement clearly satisfies rational basis review. “Beyond doubt, Congress enacted § 1997e(a) to reduce the quantity and improve the quality of prisoner suits.” Porter, 534 U.S. at 524, 122 S.
Cited 2 timesUnpublishedJames Edward Barber v. Commissioner, Alabama Department of Corrections
Court of Appeals for the Eleventh Circuit · Jun 25, 2021
If we decide that the state court’s decision was contrary to or involved an unreasonable application of clearly established precedent or was based on an unreasonable determination of the facts in light of the record, we … We also assume that the CCA’s prejudice determination was based on an unreasonable application of clearly established law, and thus AEDPA deference is not owed.3 See Castillo, 722 F.3d at 1283.
Cited 0 timesUnpublishedCrystal Kurtts v. Chiropractic Strategies Group, Inc.
481 F. App'x 462 · Court of Appeals for the Eleventh Circuit · Jun 1, 2012
sexual harassment case based on a constructive discharge, in addition to the elements of sexual harassment, the employee must also show “that the abusive working environment became so intolerable that her resignation qualified … In any event, there clearly are genuine issues of fact in that regard. A reasonable jury could find that Oviedo’s question posed a Hobson’s choice and was not a reasonable response to Kurtts’s complaint.
Cited 7 timesUnpublishedTello v. Dean Witter Reynolds, Inc.
494 F.3d 956 · Court of Appeals for the Eleventh Circuit · Jun 1, 2005
S.Ct. 2059, 2064 n.4 (1997) (recognizing from Landgraf that statutory language such as, “‘[This Act] shall apply to all proceedings pending on or commenced after the date of enactment of this Act,’” “might possibly have qualified … Clearly, we are seeing breakdowns, if not outright criminality, at all three levels. And it requires additional accountability at all three levels in order to restore investor confidence.
Cited 0 timesPublishedUnited States v. William Espinoza
635 F. App'x 739 · Court of Appeals for the Eleventh Circuit · Dec 28, 2015
Accordingly, the district court’s finding that the police searched clothing lying in the open in a shared bedroom was not clearly erroneous. … This general rule “is qualified by Rule 403 of the Federal Rules of Evidence.” United States v. O’Shea, 724 F.2d 1514, 1516 (11th Cir. 1984).
Cited 1 timesUnpublishedUnited States v. Alejandro Abadril Garcia Lopez
Court of Appeals for the Eleventh Circuit · Jul 31, 2019
He also conceded at sentencing that he did not qualify for a departure based on substantial assistance to the government, id. § 5K1.1. … We note that “avoidance of unwarranted disparities was clearly considered by the Sentencing Commission when setting the Guidelines ranges.
Cited 0 timesUnpublishedVictor Veloz-Matos v. U.S. Attorney General
Court of Appeals for the Eleventh Circuit · Aug 5, 2024
To establish eligibility for cancellation of removal, an applicant like Mr. … Veloz-Matos’ burden to establish eligibility “clearly and beyond doubt;” and at issue here is whether he met this burden with respect to showing that he has not been convicted of a con- trolled substance
Cited 0 timesUnpublished
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