Case law

United States v. Faisad Nader Palis

305 F. App'x 558 · Court of Appeals for the Eleventh Circuit · Dec 29, 2008

We conclude that under either prong of the definition, Palis’s prior offenses qualify as crimes of violence. … “[T]he party who challenges the sentence bears the burden of establishing that the sentence is unreasonable in the light of both [the] record and the factors in section 3553(a).” United States v.

Terry Roberts v. Rayonier, Inc.

135 F. App'x 351 · Court of Appeals for the Eleventh Circuit · Jun 16, 2005

This evidence falls well short of establishing a disability under § 12102(2)(A). … In this regard, Rayonier argues that Roberts never clearly communicated to Rayonier that his request was in the nature of an ADA accommodation, nor did he clearly apprise Rayonier of his opinion that the test as applied

Herman v. South Carolina Nat'l Bank

Court of Appeals for the Eleventh Circuit · May 15, 1998

Charter’s stock was not publicly traded and had no established market price. … Congress clearly contemplated the involvement of non-fiduciary parties with employee benefit plans when it drafted provisions of ERISA.

United States v. Austin Michael Burak

Court of Appeals for the Eleventh Circuit · Aug 20, 2026

However, we have also recognized that “some expert testimony will be so clearly admissible that a district court need not conduct a Daubert hearing in every case.” Id. … The government bears the burden of establishing by a pre- ponderance of the evidence the facts necessary to support a sen- tencing enhancement. United States v.

William Neal Moore v. Ralph Kemp

824 F.2d 847 · Court of Appeals for the Eleventh Circuit · Jul 27, 1987

The concurring opinions do not clearly ascribe to this position. … Smith, saw the State's conduct "as violating clearly established constitutional law") (emphasis added), cert. denied, 474 U.S. 934 , 106 S.Ct. 267 , 88 L.Ed.2d 274 (1985). 76 Holdings of the former Fifth Circuit are binding

Miami-Dade County v. United States Environmental Protection Agency

529 F.3d 1049 · Court of Appeals for the Eleventh Circuit · Jun 6, 2008

Through repeated reference to the possibility that a USDW could be endangered, Congress established no particular metric for evaluating endangerment. … (2) EPA’s Interpretation of the SDWA An agency’s construction of a statute is “deemed reasonable if it is not arbitrary, capricious, or clearly contrary to law.” Ala. Power Co. v.

United States v. Joseph D. Young

Court of Appeals for the Eleventh Circuit · Apr 1, 2021

After the court established a guideline range at the statutory maximum of 60 months (otherwise 87 to 108 months), Young requested a sentence “in the 24 to 30 months range,” while the government requested a sentence of … On their face, these facts do not clearly show how the bribes caused actual loss to the government.

United States v. Jesse Howard

Court of Appeals for the Eleventh Circuit · Oct 3, 2022

Howard had not established extraordinary and compelling reasons or because he would pose a danger to the community. The government argued that Mr. … Howard asserted that his medical condi- tions and his high risk from coronavirus qualified as “extraordinary and compelling reasons” warranting relief under U.S.S.G. § 1B1.13.

United States v. Gorge Antonio Vargas

Court of Appeals for the Eleventh Circuit · Oct 22, 2019

But the affidavit does not need to establish that the drugs were sold at Villar’s home; rather, the affidavit need only establish a connection between Villar’s home and the sale of drugs. See United States v. … The other testimony at trial established that D. Vargas did not join the conspiracy until 2015.

Sandra Sunderland v. Bethesda Hospital, Inc.

686 F. App'x 807 · Court of Appeals for the Eleventh Circuit · Apr 27, 2017

Liese has macular degeneration, so he could not see the VRI screen clearly, and on at least one occasion, he and Mrs. Liese were unable to comprehend the remotely located interpreter’s signing. Mr. … Gluckman) have established a triable issue of deliberate indifference and that one of the patients (Ms. Gluckman) and the Association have established standing. A.

United States v. Altonne Marquaviyes Finley

Court of Appeals for the Eleventh Circuit · Mar 5, 2020

Specifically, the First Step Act added two new requirements for an offense to qualify as a serious drug felony: (1) “the offender [must have] served a term of imprisonment of more than 12 months”; and (2) the offender … Reed, 941 F.3d at 1021 (“[The defendant] has established errors in his indictment and at his trial that Rehaif made plain.”).

Nyesha Swope v. Episcopal Foundation of Jefferson County

Court of Appeals for the Eleventh Circuit · May 8, 2026

This is not to say that this Court will never find FLSA claims to be de minimis—Anderson and its progeny very clearly carve out instances wherein that would be permissible. … An em- ployee establishes that she was entitled to take leave under the FMLA by showing “she sought leave for a qualifying reason” and gave adequate notice under the statute.

United States v. Damon Daniel McCurry

Court of Appeals for the Eleventh Circuit · Oct 30, 2020

court abuses its discretion if it “applies an incorrect legal standard, applies the law in an unreasonable or incorrect manner, follows improper procedures in making a determination, or makes findings of fact that are clearly … Only “crack-cocaine offenses for which [21 U.S.C.] sections 841(b)(1)(A)(iii) and (B)(iii) provide the penalties” qualify as “covered offenses.” Jones, 962 F.3d at 1300–01.

United States v. Norman Kyle Jarrard

301 F. App'x 839 · Court of Appeals for the Eleventh Circuit · Nov 24, 2008

We held the FBI agent’s testimony did not establish the banks were federally insured, but stated a letter sent from the vice president of one of the banks to the FBI was sufficient to establish beyond a reasonable doubt … While we have not expressly stated what qualifies as sophisticated means, we have held “sophisticated means involves more than minimal planning.” United States v.

Jian Gao v. U.S. Attorney General

272 F. App'x 868 · Court of Appeals for the Eleventh Circuit · Apr 9, 2008

The IJ further found that Gao had failed to establish his identity. … Issues not clearly raised in an appellant’s brief on appeal are considered waived. Marek v. Singletary, 62 F.3d 1295, 1298 n. 2 (11th Cir. 1995).

Adler v. Duval County 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. Lynn Yue

186 F. App'x 872 · Court of Appeals for the Eleventh Circuit · Jun 23, 2006

“A district court’s determination that a defendant is not entitled 6 to acceptance of responsibility will not be set aside unless the facts in the record clearly establish … Thus, since the facts in the record do not clearly establish Yue was entitled to acceptance of responsibility and the district court’s decision is entitled to great deference, we hold the district court did not clearly

United States v. Edson Gelin

Court of Appeals for the Eleventh Circuit · Oct 18, 2022

Gelin moved for disqualification or recusal under § 144, any such motion filed post-judgment was untimely, and he other- wise has not established good cause. See, e.g., Weber v. … Gelin failed to establish extraordinary and compelling circumstances, and that alone justified denying him relief. See Tinker, 14 F.4th at 1237. Mr.

United States v. Jacob Dominic Vandyke

Court of Appeals for the Eleventh Circuit · Feb 9, 2024

But merely listing the types of qualifying visual depic- tions provides no guidance about what Congress meant when it said “images,” much less how it intended district courts to quantify videos containing … Because a video comprising multiple images plainly is not a single image, Vandyke fails to establish that the guideline is unambiguous.

United States v. Robert Brandon Bilus

626 F. App'x 856 · Court of Appeals for the Eleventh Circuit · Sep 15, 2015

Bilus does not dispute that an internet origin would satisfy the interstate commerce requirement, nor could he, because it is clearly established that “[t]he internet is an instrumentality of interstate commerce.” … Even though the manner in which Madsen stated his opinions leaves something to be desired, his qualified statements were not the only bases for his opinions.