Case law

Neika Rosa Riera Leonardez v. US Attorney General

386 F. App'x 863 · Court of Appeals for the Eleventh Circuit · Jul 9, 2010

The BIA found that Leonardez’s “generic allegations of error” were insufficient to demonstrate that the IJ’s adverse credibility finding was not based on specific, cogent reasons, or was clearly erroneous. Id. … To qualify for CAT relief, an applicant must show that it is more likely than not that he will be tortured if removed to the designated country of removal. 8 C.F.R. § 208.16(c)(2).

United States v. Lenin Lugo

Court of Appeals for the Eleventh Circuit · Oct 8, 2019

A district court may admit opinion testimony of a lay witness if the testimony is (a) rationally based on the witness’s perception, (b) helpful to clearly understanding the witness’s testimony or to determining a fact … in issue, and (c) not based on scientific, technical, or other specialized knowledge that would qualify 6  Case: 18-11616 Date Filed: 10/08/2019 Page

Victor 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

United 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.

David Angelucci vs GEICO

Court of Appeals for the Eleventh Circuit · Jan 19, 2011

This sequence of events prejudiced the Angeluccis because their actions could be interpreted “by the jury to be hiding clearly relevant evidence.” Borcheck v. State Farm Mut. Auto. … In light of the foregoing, we conclude that the Angeluccis have established a substantial prejudicial effect.

United States v. Corey Antwan Ammons

Court of Appeals for the Eleventh Circuit · Mar 9, 2018

To be clear, he does not argue that a conviction for Florida armed robbery does not qualify as a violent felony. … The plea colloquy establishes that Defendant committed four separate and distinct armed robberies against several different victims.

Lancelot Kollman Ramos v. US Dept. of Agriculture

322 F. App'x 814 · Court of Appeals for the Eleventh Circuit · Apr 7, 2009

It is well established that pro se pleadings are to be liberally construed. See Boxer X v. Harris, 437 F.3d 1107, 1110 (11th Cir. 2006). … The answer shall: (1) Clearly admit, deny, or explain each of the allegations of the Complaint and shall clearly set forth any defense asserted by the respondent; or (2) State that the respondent

Dimitar Petlechkov v. FEDEX Corporation

Court of Appeals for the Eleventh Circuit · Feb 22, 2024

This statute requires the Court to dismiss a case if the action is frivolous, fails to state a claim on which relief may be granted or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. … As such, Plaintiff’s allegations establish the first element of a RICO claim. 2.

Michele Yates v. Pinellas Hematology & Oncology, P.A.

21 F.4th 1288 · Court of Appeals for the Eleventh Circuit · Dec 29, 2021

See Mackby, 339 F.3d at 1014–15 (compliance with requirement that physical therapy be rendered by a physician, a qualified employee of a physician, a physician-directed clinic, or a qualified physical USCA11 Case: 20-10276 … Consequently, a party invoking a federal court’s jurisdiction must establish that it has standing. See Wittman, 136 S. Ct. at 1736.

Davis v. Chiles

139 F.3d 1414 · Court of Appeals for the Eleventh Circuit · Apr 30, 1998

First, Davis’s plan would require changes to Article V, Section 10 of the Florida Constitution, which directs that circuit and county judges be elected “by a vote of the qualified electors within the territorial jurisdiction … The Supreme Court has clearly and repeatedly held that Section Two applies to state judicial elections. See Chisom v. Roemer, 501 U.S. 380, 111 S. Ct. 2354, 115 L.

United States v. Gerson Theramene

517 F. App'x 789 · Court of Appeals for the Eleventh Circuit · Apr 23, 2013

Accordingly, the magistrate’s credibility findings concerning Theramene’s testimony that he was threatened were not clearly erroneous. V. … The party challenging the sentence has the burden of establishing that the sentence was unreasonable based on the record and the factors set forth in 18 U.S.C. § 3553(a). United States v.

United States v. Murray John Batson

Court of Appeals for the Eleventh Circuit · Sep 11, 2018

The district 4  Case: 17-15713 Date Filed: 09/11/2018 Page: 5 of 6 court did not clearly err in finding that Batson decided to cooperate with investigators … The district court also did not err in concluding that Batson’s multiple sexual offenses involving the same minor victim qualified as a pattern of sexual activity.

United States v. Yilvert Angulo Candelo

385 F. App'x 895 · Court of Appeals for the Eleventh Circuit · Jul 1, 2010

The defendant has the burden of establishing his role in the offense by a preponderance of the evidence. De Varon, 175 F.3d at 939. … Notably, this was below the ten-year mandatory minimum because Candelo qualified for the safety- 1 The § 3553(a) factors include: (1) the nature and circumstances of the offense and the history and characteristics

United States v. Adrian Hardy

Court of Appeals for the Eleventh Circuit · Nov 8, 2022

Hardy made it farther, escaping the perimeter established by law enforcement and forcibly entering a nearby res- idence, where he held the four individuals inside hostage while he planned his escape, all the while checking … Here, the district court did not clearly err in attributing Hardy’s abduction and carjacking conduct to Simmons as relevant conduct for purposes of sentencing. Our decision in United States v.

Union Pacific Railroad Co. v. Federal Railroad Administration

Court of Appeals for the Eleventh Circuit · Aug 11, 2026

In other words, FRA clearly changed its po- sition between 2019 and 2024 on whether a two-person-crew re- quirement would enhance public safety. … may also incur increased labor costs if FRA determines they do not qualify for an automatic exception or if they wish to begin carrying hazardous materials.

United States v. Misty Marie Howard

Court of Appeals for the Eleventh Circuit · Jul 18, 2019

The District Court Did Not Clearly Err in Refusing to Apply a Minor- Role Adjustment. … Here, the district court did not clearly err when it found that Howard had more than a minor role.

United States v. Michael Renard Albury, Jr.

Court of Appeals for the Eleventh Circuit · Jan 25, 2022

A district court retains a “range of choice,” so long as it does not apply an incorrect legal standard, rely on clearly erroneous facts, or commit a clear error of judgment. Harris, 989 F.3d at 911–12. … Hamilton, 715 F.3d 328, 337 (11th Cir. 2013) (explaining that in the § 3582(c)(2) context, the defendant bears the burden of establishing that he qualifies for a sentence reduction).

United States v. David Earl Butler

Court of Appeals for the Eleventh Circuit · Jul 5, 2022

That by itself is enough to establish probable cause. … The dis- trict court correctly ruled it was not because there was an absence of the required “corroborating circumstances [that] clearly indicate the trustworthiness of the statement.” United States v.

United States v. Derrick Jones

218 F. App'x 916 · Court of Appeals for the Eleventh Circuit · Feb 27, 2007

“As rulings on motions to suppress involve mixed questions of fact and law, the district court’s factual findings are reviewed under the clearly erroneous standard, while that court’s application of the law is subject … To establish constructive possession, the government must show ownership, dominion, or control over” the possessed item. United States v.

Xing Lin v. U.S. Attorney General

307 F. App'x 298 · Court of Appeals for the Eleventh Circuit · Jan 9, 2009

We retrace its byzantine contours in some detail in order to clearly identify the issues at hand and to address them in an orderly fashion. … The BIA concluded that Lin did not qualify for an exception to the applicable time and numerical limitations because he did not establish that a material change had occurred in China with respect to its enforcement of