Case law

United States v. Jennifer Scott

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

Due to her role in obtaining and depositing WIC vouchers for which her store was not qualified, Ms. … Thus, the district court did not clearly err in finding that Ms.

United States v. Randolph Alvin

Court of Appeals for the Eleventh Circuit · Aug 18, 2020

First, Alvin challenges the district court’s finding that the charged conspiracy began before 26 January 2016: a finding that resulted in Alvin’s 25 January 2006 drug conviction qualifying as a prior felony for purposes … The party challenging the sentence bears the burden of establishing that the sentence is unreasonable in the light of both the record and the section 3553(a) factors. 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

United States v. David Henson McNab, Robert D. Blandford

Court of Appeals for the Eleventh Circuit · Mar 21, 2003

Thus, if Congress had sought to define “any foreign law” with any kind of specificity whatsoever, it might have effectively immunized . . . … The Honduran court clearly stated that Resolution 030-95 was annulled for prospective application only, and we assume that the Honduran court meant what it said.

Matthew Reeves v. Commissioner, Alabama Department of Corrections

Court of Appeals for the Eleventh Circuit · Nov 10, 2020

“[W]hile that approach today would be contrary to clearly established federal law—that is, contrary to Moore . . . … Its per se rule is objectively unreasonable. 8 8 We recognize that only Supreme Court cases constitute clearly established law under § 2254(d).

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.

Barry L. Jones v. Commissioner of Social Security

603 F. App'x 813 · Court of Appeals for the Eleventh Circuit · Mar 2, 2015

marks omitted). 9  Case: 14-13325 Date Filed: 03/02/2015 Page: 10 of 15 “[C]redibility determinations are the province of the ALJ, and we will not disturb a clearly … “It is well-established that the testimony of a treating physician must be given substantial or considerable weight unless good cause is shown to the contrary.”

United States v. Miles L. Gammage

614 F. App'x 476 · Court of Appeals for the Eleventh Circuit · Jun 17, 2015

Number of victims The district court did not clearly err in finding that Gammage’s offense involved at least 50 victims. See United States v. … Lee, 427 F.3d 881, 894-95 (11th Cir. 2005) (rejecting the argument that people who have been reimbursed cannot qualify as victims for purposes of § 2B1.1(b)(2)(A)). B.

Great Bowery Inc. v. Consequence Sound LLC

Court of Appeals for the Eleventh Circuit · May 5, 2026

A copyright plaintiff bears the burden of proving that he is the owner of that right to establish his standing. See DRK Photo v. McGraw-Hill Global Educ. … Leibovitz clearly retained the right to grant licenses to other parties at her own discretion” and “retained the same rights for herself,” the court concluded that she had not granted Great Bowery

United States v. Bryan A. Hines

Court of Appeals for the Eleventh Circuit · Apr 26, 2021

STANDARD OF REVIEW We ordinarily review the district court’s application of the Sentencing Guidelines to established facts de novo. United States v. Bradley, 644 F.3d 1213, 1283 (11th Cir. 2011). … Wright, 862 F.3d 1265 (11th Cir. 2017), his citation and notice to appear do not qualify as an “arrest” within the meaning of § 4A1.2(a)(2).

United States v. Kevin Baptiste

335 F. App'x 15 · Court of Appeals for the Eleventh Circuit · Jun 9, 2009

Under the circumstances, the fact that there were no drugs found in the bedroom does not establish that a connection between the firearms and the drug conspiracy was clearly improbable. … Defendants who are more than a minimal participant but less than a minor participant qualify for a three-level reduction.

David Peek v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

746 F.2d 672 · Court of Appeals for the Eleventh Circuit · Feb 5, 1985

The failure of a state to afford a particular defendant the benefit of established procedures under state law may, however, result in a denial of due process when the error made by the state court renders the state proceedings … I think he needs to qualify him as an expert before asking for his opinion on his physical condition. MR. ROBINSON: No, Your Honor. I am asking for an opinion as you are with any witness.

United States v. Mario Damon Wren

Court of Appeals for the Eleventh Circuit · Mar 31, 2021

He noted that he had Type 1 diabetes, a history of heart-related problems, and sickle-cell anemia, and he asserted that these long-term health conditions weakened his immune system and made him more likely to contract … It is well established that a district court has no inherent authority to modify a defendant’s sentence and may do so “only when authorized by a statute or rule.” United States v.

Kennard Warfield, Jr., Mary Ellen Warfield vs James A. Steward, Terrill L. Stewart

434 F. App'x 777 · Court of Appeals for the Eleventh Circuit · Jul 7, 2011

The jury was given no reason to immunize VIP from the actions and knowledge of Mr. Humphrey. … The Warfields have not established plain error. D. Attorney’s Fees Finally, the Warfields contend the district court erred by awarding attorney’s fees to VIP and Mr. Hall.

United States v. Homer Holloway

362 F. App'x 948 · Court of Appeals for the Eleventh Circuit · Jan 25, 2010

The proponent of the downward adjustment bears the burden of establishing his minor role in the offense by a preponderance of the evidence. Id. at 939. … To establish plain error, an appellant must show there is (1) error, (2) that is plain, and (3) that prejudicially affected his substantial rights. Id.

United States v. Reginald Woods

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

Ct. 583 (2021), was wrongly decided and that the district court had discretion to consider what qualifies as an “extraordinary and compelling” reason for his release. … Accordingly, we need not reach whether he established an “extraordinary and compelling” reason for his release or whether the 18 U.S.C. § 3553 factors supported his release.

United States v. Masoniek Stinfort

Court of Appeals for the Eleventh Circuit · Sep 20, 2018

The government bears the burden of establishing a defendant’s role in the offense. United States v. Pope, 461 F.3d 1331, 1335 (11th Cir. 2006) (citing United States v. … To qualify for a § 3B1.1 enhancement, the defendant need only have been an “organizer, leader, manager, or supervisor of one or more of the other participants.” U.S.S.G. § 3B1.1 cmt. n.2.

United States v. Matthew Joshua Green

Court of Appeals for the Eleventh Circuit · Jan 9, 2020

But more importantly, your conviction for aggravated battery is certainly a qualifying conviction. … He also did not clearly object to our consideration of the issue.

Adler v. Duval Cty. School Board

174 F.3d 1236 · Court of Appeals for the Eleventh Circuit · May 11, 1999

Clearly, the student vote satisfies the first part of this analysis: but for the policy, the student vote would not occur. … The majority also cites Justice O’Connor’s concurrence in Lynch for the more general proposition that religious expression can solemnize public occasions, but Justice O’Connor’s statement is qualified.

United States v. Carlos Emilio Ibarg

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

the public from further crimes of the defendant; (5) the need “to provide the defendant with . . . correctional treatment in the most effective manner;” (6)”the kinds of sentencing and the sentencing range established … The district court did not clearly err in concluding that these facts demonstrate that Ibarguen Palacios acted willfully and with malice aforethought.