Case law

Carl D. Bond v. Secretary, Dept. of Corrections

155 F. App'x 447 · Court of Appeals for the Eleventh Circuit · Nov 18, 2005

established Federal law as determined by the Supreme Court of the United States; or (2) . . . was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.’” … statute to provide that a criminal defendant may be sentenced as an habitual offender if, among other things, “the defendant has previously been convicted of any combination of two or more felonies in this state or other qualified

United States v. Derrick Bernard Jackson

388 F. App'x 906 · Court of Appeals for the Eleventh Circuit · Jul 22, 2010

The government must establish, by a preponderance of the evidence, the facts necessary to support a sentence enhancement. Id. at 1280-81. … The district court did not clearly err in finding that conduct relevant to the offense took place while Jackson was under a sentence of probation for forgery.

United States v. David E. Martinelli

265 F. App'x 784 · Court of Appeals for the Eleventh Circuit · Feb 13, 2008

The district court did not clearly err in calculating the “value of the funds” for purposes of § 2S1.1(b)(2). … Martinelli failed to establish that his sentence is unreasonable.

United States v. Jamarr Simmons

291 F. App'x 992 · Court of Appeals for the Eleventh Circuit · Sep 10, 2008

We held that the district court did not clearly err in finding that the shotgun was possessed “in connection with” the marijuana possession. Id. at 858. … Thus, even though Simmons possessed only a small amount of marijuana, the drug possession constitutes a felony in this case and it qualifies for the enhancement.

Hector Manuel Rosales-Diaz v. United States

Court of Appeals for the Eleventh Circuit · Feb 20, 2020

The district court then found that Rosales-Diaz “was clearly convicted of two felony offenses” before his deportation and illegal reentry. … United States, 871 F.3d 1215, 1221-22 (11th Cir. 2017) (holding that a Johnson § 2255 claimant, “like any other § 2255 movant,” must prove his Johnson claim and that he must do so by establishing that “the [ACCA’s residual

United States v. David Ming Pon

963 F.3d 1207 · Court of Appeals for the Eleventh Circuit · Jun 29, 2020

They were not, of course, qualified to testify whether they had ever actually had WMD. … Pon clearly preserved the trial error issue in the district court, but it is far from clear that he preserved the constitutional issue.

United States v. Dustin Sandiford

Court of Appeals for the Eleventh Circuit · Jul 1, 2025

Sent’g Guidelines Manual § 3E1.1(a) (“If the defendant clearly demonstrates acceptance of re- sponsibility for his offense, decrease the offense level by 2 levels.”). … The government may move for an additional one-level reduction if the defendant qualifies for the two-level reduction, has an offense level of 16 or USCA11 Case: 23-13131 Document: 70-1 Date Filed

United States v. Ernest Mallety

496 F. App'x 984 · Court of Appeals for the Eleventh Circuit · Nov 14, 2012

The evidence clearly permitted the jury to conclude that Mallety both possessed a firearm and that his possession of the firearm furthered a drug crime. III. … Midway through Agent Bryant's testimony, and after the district court qualified Agent Bryant as an expert, the district court, in a sua sponte bench conference, expressed concern about the scope of Agent Bryant’s testimony

United States v. Arman Abovyan

988 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Feb 22, 2021

Rather, Abovyan admitted that he established this testing protocol because that was “what Kenneth Chatman . . . wanted.” … Therefore, the district court did not clearly err in reaching its loss findings. D. Count Two Statutory Penalty Finally, Abovyan argues that his Count Two sentence exceeds the statutory maximum penalty.

Bridge Capital Investors, II v. Susquehanna Radio Corp.

458 F.3d 1212 · Court of Appeals for the Eleventh Circuit · Aug 1, 2006

Section 5.4(d) sets forth three requirements for the CP to qualify as a “Final Order”: (1) the CP has never been “reversed, stayed, enjoined, set aside, annulled or suspended”; (2) “no timely … To the contrary, BCI’s reading of § 1.117(a) in its Response Brief, which the majority today adopts, clearly indicates that the Appellees received more than adequate notice of Susquehanna’s argument, and that it was therefore

Donavette Ely v. Mobile Housing Board

605 F. App'x 846 · Court of Appeals for the Eleventh Circuit · Mar 27, 2015

As the Supreme Court has explained, “[t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.” Bd. of Regents of State Colls. v. … We assume, without deciding, that Ely’s son Devin has a qualifying disability, and that Ely was therefore entitled to request a reasonable accommodation on his behalf.

United States v. Manuel DeJesus Bautista-Enamorado

196 F. App'x 834 · Court of Appeals for the Eleventh Circuit · Sep 14, 2006

The party seeking the downward departure bears the burden of establishing that the defendant’s role was minor by a preponderance of the evidence. De Varon, 175 F.3d at 939. … The district court did not clearly err in determining that Bautista-Enamorado did not qualify for a minor-role reduction. II.

Barkat Karim Bhai v. U.S. Attorney General

555 F. App'x 854 · Court of Appeals for the Eleventh Circuit · Jan 28, 2014

The IJ also found that Bhai failed to establish that he had a well-founded fear of persecution. … § 1229a(c)(2)(A). 3 To qualify for adjustment of status under INA § 245(i), 8 U.S.C. § 1255(i), an alien must be “admissible” to the United States.

Jason A. Calhoun v. Secretary, Florida Department of Corrections

607 F. App'x 968 · Court of Appeals for the Eleventh Circuit · Apr 23, 2015

In case No. 2008-CF-1846, the state filed a notice that Calhoun qualified as a prison-releasee reoffender, enabling the state to seek the imposition of a mandatory-minimum sentence under Fla. Stat. § 775.082. … established Federal law, as determined by the” United States Supreme Court. 28 U.S.C. § 2254(d)(1).

Elite Integrated Medical, LLC v. Hiscox, Inc.

Court of Appeals for the Eleventh Circuit · May 31, 2022

[Hiscox] will pay claim expenses until there is a final adjudication establishing such conduct . . . .” … See Garland, Samuel & Loeb, P.C., 651 S.E.2d at 179-80 (stating that, to qualify as “professional ser- vices” under a professional liability policy, an insured’s act or ser- vice must “necessarily entail[] an application

Wayne Jackson v. Blue Bird Corporation

Court of Appeals for the Eleventh Circuit · Nov 15, 2019

A Title VII plaintiff may establish a prima facie case of discrimination when he shows, by a preponderance of the evidence, that he (1) is a member of a protected class; (2) was qualified for the position he held; (3) suffered … Even if Jackson had established a prima facie case of discrimination, we would nevertheless affirm the district court’s grant of summary judgment in favor of Blue Bird because the record clearly demonstrates that Jackson

Cary Michael Lambrix v. Secretary, Florida Department of Corrections

851 F.3d 1158 · Court of Appeals for the Eleventh Circuit · Mar 15, 2017

Ct. 1481, 1485 (2009) (stating that denials of § 3599 motions are “clearly” appealable orders under 28 U.S.C. § 1291). … The government responds that, at no expense to him, Lambrix already has competent counsel in his Rule 60(b) case, had qualified clemency counsel but clemency has been denied, and has had counsel pursue multiple successive

Jian Lin Pan v. U.S. Attorney

Court of Appeals for the Eleventh Circuit · Mar 2, 2021

On December 4, 2019, the BIA dismissed the appeal, finding that the immigration judge’s adverse credibility determination was not clearly erroneous. … Like with the withholding of removal standard, the burden to establish “torture” for CAT protection is higher than the burden to establish a “well- founded fear” of future persecution for asylum. See Lapaix v. U.S.

Arthur v. Commissioner, Alabama Department of Corrections

680 F. App'x 894 · Court of Appeals for the Eleventh Circuit · May 24, 2017

ADOC’s regulations, specifically AR 303, establish ADOC’s procedures for all outside visitors coming into the prison. … The district court was correct that, insofar as Arthur’s § 1983 complaint perhaps "implicitly” challenged the constitutionality of § 15-18-83, such a § 1983 claim is clearly time-barred.

United States v. Jeremie Saintvil

Court of Appeals for the Eleventh Circuit · May 25, 2023

Coronavirus Aid, Relief, and Economic Security (“CARES”) Act which authorized the Small Business Administration (“SBA”) to administer funds under the PPP to help businesses retain employees and pay other qualified … “Bank fraud is established under two alternative methods.” United States v. Dennis, 237 F.3d 1295, 1303 (11th Cir. 2001).