Case law

United States v. Desima James

Court of Appeals for the Eleventh Circuit · Aug 8, 2018

To establish plain error, the defendant must show (1) an error, (2) that is plain, and (3) that affected his substantial rights. … Because James’s allocution on this point was not clearly related to his crimes, it was not plain error for the district court to attempt to redirect James’s statements. Id.

David Thompson v. Regions Security Services, Inc.

Court of Appeals for the Eleventh Circuit · Nov 21, 2025

And Regions does not clearly identify or rely on any “legitimate factor other than the number of hours in his workweek” to justify the reduction of Thompson’s non-overtime wage. … Regions has not established that the district court abused its discretion in denying a reduction on either ground.

United States v. Ivory Charles Brinson

315 F. App'x 196 · Court of Appeals for the Eleventh Circuit · Dec 3, 2008

Both because of his criminal history points and because he qualified as a career offender, Brinson’s criminal history category was VI. … As noted above, Brinson cannot establish that the court abused its discretion in finding that this sentence was appropriate.

United States v. Gladys Fuertes

Court of Appeals for the Eleventh Circuit · Jan 23, 2018

He says “the evidence established that Mr. … Fuertes qualified under either version.

Nancy Wanjiru Igamba v. U.S. Attorney General

675 F. App'x 867 · Court of Appeals for the Eleventh Circuit · Jan 10, 2017

Like the IJ before it, the BIA determined that, because Igamba could not establish her asylum eligibility, she also failed to meet the higher burden of proof necessary to establish eligibility for withholding of removal … Igamba’s appeal brief to this Court, however, makes no argument about whether her proposed group qualifies as a particular social group.

Spencer Sheehan v. Big Lots, Inc.

Court of Appeals for the Eleventh Circuit · Aug 27, 2025

Big Lots pointed to other evidence to establish Sheehan’s knowledge. … Given these unique circumstances, the court did not clearly err in setting the reasonable hourly rates. See id. at 438.

Thomas D. Arthur v. Kim Tobias Thomas

Court of Appeals for the Eleventh Circuit · Jan 6, 2014

As to actual innocence, the district court found that Arthur had not made a showing of “actual innocence” sufficient to establish a “miscarriage of justice” and avoid AEDPA’s time bar. … The Coleman Court held that negligence on the part of a prisoner’s post-conviction attorney did not qualify as “cause” sufficient to excuse the procedural default of the habeas claims. Id. at 753, 111 S.

United States v. Michael Peyton Gunn

Court of Appeals for the Eleventh Circuit · Jun 27, 2023

According to Gunn, the videos qualified as exculpatory ev- idence because they showed Amanda reading from a script that was similar to one the child had used in an explicit video and thus supported … In addition, when the lost evidence was not clearly exculpatory but only “potentially useful,” the defendant must show that law enforcement acted in bad faith. See Arizona v.

Patricia Shue v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit · Jul 7, 2020

The ALJ clearly erred in concluding that Florida law does not distinguish between voluntary and involuntary manslaughter. See id. … Additionally, the ALJ said the jury’s dismissal of that defense required finding that Shue’s actions qualified as “intentional” under the Agency’s guidance.

Monica Bartley v. Florida Intracity Patrol, Inc.

568 F. App'x 827 · Court of Appeals for the Eleventh Circuit · Jun 11, 2014

Unbeknownst to Sykes, Florida’s reciprocity with Georgia did not extend to openly carrying a firearm; instead, that act qualified as a second-degree misdemeanor under Florida law. See Fla. Stat. § 790.053. … Chatham Cnty., Ga., 547 U.S. 189, 195, 126 S.Ct. 1689, 1694 (2006) (finding a defendant’s concession below that it was not entitled to sovereign immunity to be dispositive on that question); Ross v. Jefferson Cnty.

Constantin Afanasie Rotaru v. U.S. Attorney General

704 F. App'x 875 · Court of Appeals for the Eleventh Circuit · Aug 30, 2017

at 1284. 2  Case: 16-16634 Date Filed: 08/30/2017 Page: 3 of 8 To adequately raise an issue on appeal before us, the party must “specifically and clearly … Att’y Gen., 448 F.3d 1229, 1237 (11th Cir. 2006) (holding that death threats and threatening anonymous phone calls were merely harassment and, without more, did not qualify as persecution).

Paul Anthony Brown v. Secretary, Department of Corrections

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

We are not immunizing him in any way, and that anything he says can be used against him.” Mr. McGuire then pled the Fifth when Mr. … Brown clearly felt betrayed. Ms.

Walter Javier Alvarenga Romero v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Mar 15, 2022

But an applicant who fails to establish his eligibility for asylum neces- sarily fails to establish that he is eligible for withholding of removal. Mehmeti, 572 F.3d at 1200. … To qualify for relief under the Convention Against Torture, an applicant must show that it is “more likely than not that he would be tortured by or with the acquiescence of a public official in his home country.”

United States v. Iseal Dixon

Court of Appeals for the Eleventh Circuit · Jul 6, 2018

The district court’s adoption of the magistrate judge’s finding that all of the evidence “supported the supposition that Dixon might be one of the two robbers and that he might be armed and dangerous” was not clearly … Under the advisory Sentencing Guidelines, Dixon’s base offense level was enhanced because of his two prior felony convictions for crimes of violence, U.S.S.G. 4 “Under the well-established prior panel precedent rule

United States v. Rashid Turner

Court of Appeals for the Eleventh Circuit · Sep 13, 2022

As to the first motion, the district court held that, at the time of the search, our caselaw established that no warrant was re- quired to obtain cell-site information. … Hubert, 909 F. 3d 335 (11th Cir. 2018), in which we held that Hobbs Act robbery “independently qualifies as a crime of violence under § 924(c)(3)(A)’s use-of-force clause.” Id. at 345.

United States v. Nathaniel James

Court of Appeals for the Eleventh Circuit · Apr 24, 2019

The judge stated that James’s argument ignored precedent from this court that existed before the Clarke decision, “that definitively established that a withheld- adjudication could be considered a predicate offense in … He argues that, therefore, the district court’s findings of fact in denying his motion for attorney’s fees were clearly erroneous.

Marlon Dionires Sopon-Mendoza v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Nov 13, 2019

The IJ held a merits hearing and then denied cancellation of removal, concluding that he had not established the necessary “good moral character” or exceptional and extremely unusual hardship to a qualifying relative. … While his brief could have been more explicit, he clearly provided “information sufficient to enable the BIA to review and correct any errors below.” Id.; see Alim, 446 F.3d at 1254.

Eugene Powell Griffin v. United States

405 F. App'x 377 · Court of Appeals for the Eleventh Circuit · Dec 13, 2010

Griffin has not shown Griffin I is clearly erroneous, much less that Griffin I results in manifest injustice. … Despite this typographical error in the judgment,5 the record clearly establishes that Griffin was in fact convicted and sentenced under § 924(e), not § 924(c)(3).

Gladys Teye v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jun 28, 2018

The question then becomes what must be shown to establish that an alien’s false representation of citizenship was made “for” such a benefit. … Such holding clearly pertains to the second question in the required analysis: what it means for an alien to lie “for” a purpose or benefit under state or federal law.

United States v. Kenneth Karow

Court of Appeals for the Eleventh Circuit · Jan 31, 2018

of money laundering under the rule of coconspirator liability established by Pinkerton v. … The District Court determined this was sufficient to establish Mr.