Case law

United States v. Jesse Bertetto

Court of Appeals for the Eleventh Circuit · Feb 12, 2026

Bertetto’s presentencing investigation report (“PSI”) states that Bertetto had not clearly demonstrated acceptance of responsi- bility as of completion of the presentence investigation. … It also noted that it was rare for a qualified mental health professional to testify to a causative relationship be- tween a defendant’s abuse and his criminal conduct and asserted that “[t]here are

United States v. Laurice Lamar Price

330 F. App'x 854 · Court of Appeals for the Eleventh Circuit · Jun 1, 2009

The party challenging the reasonableness of the sentence bears the burden of establishing that the sentence is unreasonable in the light of both the record and the 18 U.S.C. § 3553(a) factors. United States v. … The court clearly considered the section 3553(a) factors and did not focus solely on the guidelines range or Price’s criminal history in sentencing Price. 4  Based on

Walona S. Heath v. Terrell County School District

Court of Appeals for the Eleventh Circuit · May 12, 2020

The district court concluded that “Heath clearly delayed prosecuting her case and complying with federal rules, local rules, and [its] orders.” … Moreover, a dismissal without prejudice does not qualify as an abuse of discretion, so long as the only prejudice to the plaintiff is the prospect of filing a second lawsuit. Kotzen v.

United States v. Jose Ivan Carbajal

Court of Appeals for the Eleventh Circuit · Mar 3, 2026

“To qualify for an adjustment under this section, the defendant must have been the organizer [or] leader . . . of one or more participants.” U.S.S.G. § 3B1.1 Comment. 2. … While Carbajal did clearly object to the use of the testimony, he did not object to the use of the ex- hibits or the use of the sentences.9 He also did not object to notice.

United States v. William Jerry Auger

381 F. App'x 947 · Court of Appeals for the Eleventh Circuit · Jun 8, 2010

Hersey stated that a Georgia Bureau of Investigation agent instructed his officers that each organism had to have rootballs, root hairs or a rooting system to qualify as a plant. … When a defendant objects to a PSI’s factual allegation “used in calculating his guideline sentence, such as drug amount, the government bears the burden of establishing the disputed fact by a preponderance of the evidence

United States v. Moghadam

175 F.3d 1269 · Court of Appeals for the Eleventh Circuit · May 19, 1999

The URAA also enacted a similar provision establishing civil liability for the same conduct (but omitting the commercial advantage or private financial gain requirement). … In fact, since a sound recording qualifies as a “Writing” in the constitutional sense, Shaab v. Kleindienst, 345 F.

John K. Aning v. Federal National Mortgage Association

Court of Appeals for the Eleventh Circuit · Oct 30, 2018

It is well established that “[e]very pleading, written motion, and other paper must be signed by . . . a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). … Moreover, the decision was clearly by a court of competent jurisdiction.

United States v. Donovan G. Davis, Jr.

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

Id. at 1315–16 (holding that sovereign immunity protects the government from money damages under Rule 41(g)). Here, the district court did not err in denying Davis’s motion under Rule 41(g). … Third, Davis points to other evidence that, in his view, establishes the government’s possession of the property at issue. But none of the evidence he cites contradicts the district court’s findings.

Jesus David Garcia-Reina v. U.S. Atty. Gen.

147 F. App'x 898 · Court of Appeals for the Eleventh Circuit · Sep 8, 2005

If an IJ clearly sets forth the reasons for a denial of an application for asylum, the Board “adequately explains its decision when it adopts a decision of the IJ.” Cuevas v. … To qualify for withholding of removal based on persecution by a guerilla group on account of a political opinion, Garcia must establish that the guerillas persecuted him or will seek to persecute him in the future because

Glen L. Eaton v. Michael J. Keith

154 F. App'x 844 · Court of Appeals for the Eleventh Circuit · Nov 16, 2005

immunity. … Here, Eaton has failed to establish facts that justify our applying the doctrine of equitable tolling.

Jorge Alfredo Torres v. U.S. Attorney General

222 F. App'x 893 · Court of Appeals for the Eleventh Circuit · Mar 16, 2007

To qualify for CAT relief, the applicant must establish that it is “more likely than not” that he would be tortured if removed to the proposed country of removal. 8 C.F.R. § 208.16(c)(2). … Nevertheless, we also find that the IJ’s decision to deny Torres’ CAT claim was clearly supported by substantial evidence because he failed to establish either “torture” or “acquiescence” by the Colombian government.

Sabal Trail Transmission, LLC v. 2.468 Acres of Land in Levy County, Florida

Court of Appeals for the Eleventh Circuit · Aug 3, 2020

Even if the references to “full compensation” were erroneous, Sabal Trail has not established prejudice. … So Sabal Trail has failed to establish prejudice and is not entitled to a new trial based on the jury instructions. See Mosher, 979 F.2d at 826–27.

United States v. General Lee Johnson, III

Court of Appeals for the Eleventh Circuit · Aug 20, 2021

A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes clearly erroneous factual findings. United States v. … 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.

Leonard Green Malunga v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Sep 27, 2018

He contends that the IJ clearly erred in determining that his testimony was not credible. The government, for its part, argues that substantial evidence supports the denial of the application because Mr. … Att’y Gen., 488 F.3d 884, 891(11th Cir. 2007) (holding that “[t]o qualify for withholding of removal or CAT relief, an alien must establish standards more stringent tha[n] those for asylum eligibility” and, therefore, an

Michelle Arevalo v. Coloplast Corp

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

Rosenzweig’s expert opinion, Arevalo has the burden of establishing its reliabil- ity. Frazier, 387 F.3d at 1260. Dr. … Miklos’ testimony was “clearly important” to Arevalo’s case. But we have held that the first and third factors together can outweigh the second. Romero v.

United States v. Terrence Johnson

535 F. App'x 902 · Court of Appeals for the Eleventh Circuit · Sep 20, 2013

Thus, Johnson argued, he had clearly demonstrated acceptance of responsibility. … My client has pled guilty and clearly has accepted responsibility.

Eddy Leonel Guerra Cabrera v. U.S. Attorney Gen.

300 F. App'x 712 · Court of Appeals for the Eleventh Circuit · Nov 18, 2008

To qualify for asylum, the alien must prove that he is a refugee. Al Najjar, 257 F.3d at 1284 (citing 8 U.S.C. § 1101(a)(42)(A)). … Indeed, in their application, the Petitioners did not clearly establish that they were persecuted after filing complaints.

Dalia Rosa Lugo v. US Attorney General

264 F. App'x 867 · Court of Appeals for the Eleventh Circuit · Feb 11, 2008

General civil strife does not create eligibility for relief from removal, even if the applicant’s life is clearly threatened, unless the applicant proves the relationship between her fear of harm and a statutorily enumerated … Because she did not establish that she was qualified for asylum, Lugo was unable to meet the higher standard for withholding of removal. Accordingly, we DENY Lugo’s petition as to those claims.

United States v. Chico Untras Morgan

398 F. App'x 497 · Court of Appeals for the Eleventh Circuit · Oct 1, 2010

Indeed, in this Court, the parties seem to agree that the pardoned Alabama conviction qualified Morgan for the § 851 enhancement. … establish that Morgan understood at the time of his guilty plea 5 We review a district court’s denial of a motion to withdraw a guilty plea for abuse of discretion.

DZ Bank Deutche Zentral-Genossenschaftsbank v. Michael McCranie

Court of Appeals for the Eleventh Circuit · Jan 10, 2018

In the event of an objection, these parties could demand that Brooke Credit substitute a qualifying loan or repurchase the non-qualifying loan. … Here, the predominant purpose for the Franchise Agreement and Sale of Agency Assets quite clearly was to establish the franchise relationship as a joint service endeavor between Brooke and McCranie.