Case law

Whirlpool Corporation v. Freight Revenue Recovery of Miami, Inc.

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

Dawson testified that he founded Freight Revenue in the 1970s and established the profit sharing plan (the “Plan”) in 1981. Dawson had been the only participant in the Plan since at least 2012. … “Yet, the clearly erroneous standard does not govern an appellate court’s review of district court findings made under a mistaken view of 6  Case: 17-14752 Date

United States v. Michael J. Baxter

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

We apply harmless error review to a misapplication of Batson that results in an otherwise qualified juror being seated. United States v. Williams, 731 F.3d 1222, 1236 (11th Cir. 2013). … Accordingly, the district court did not clearly err in finding that Baxter did not have a legitimate reason for kicking Glover when he was on the ground.

Metropolitan Life Insurance Company v. M.D. Fred A. Liebowitz

Court of Appeals for the Eleventh Circuit · Jul 10, 2023

This element is clearly established, since the uncontradicted evidence is that MetLife would not have issued the Policy if Dr. Liebowitz had disclosed the DOH Complaints and investigations. … At a minimum, there are clearly issues of Dr.

West Morgan-East Lawrence Water and Sewer Authority v. Charles Owens

Court of Appeals for the Eleventh Circuit · Jun 4, 2018

Governor’s Council on Indian Affairs, Inc., 734 F.2d 730, 732 (11th Cir. 1984) (stating four- factor test for immunity under the Eleventh Amendment). … The district court clearly erred in that regard.

United States v. Robert Fike

Court of Appeals for the Eleventh Circuit · Jul 20, 2023

Fike has also not met his burden of establishing that any sup- posed error affected his substantial rights. … Fike cannot establish that his term of imprisonment would have been shorter absent any improper consideration of rehabilita- tion.

United States v. Norman Javier Herrera Pastran

Court of Appeals for the Eleventh Circuit · Aug 31, 2023

An error qualifies as “plain” for purposes of plain error re- view only if it is clearly established by the “explicit language of a statute or rule” or “precedent from the Supreme Court or this Court … North Carolina, 582 U.S. 98 (2017) clearly establishes the dis- trict court’s error in imposing the computer restrictions at issue here.

United States v. Pedro Lorenzo Fuenmayor-Arevalo

490 F. App'x 217 · Court of Appeals for the Eleventh Circuit · Sep 18, 2012

To the contrary, the record and evidence established that he was competent before, during, and after entering his plea. … Nevertheless, although noting that the issue was close, the district court concluded that Fuenmayor-Arevalo did not qualify for safety-valve relief.

United States v. Ryan Felton

Court of Appeals for the Eleventh Circuit · Feb 29, 2024

But that is just one example of conduct that qualifies. See United States v. Feaster, 798 F.3d 1374, 1380 (11th Cir. 2015). … Instead, the defendant must “clearly demonstrate” his ac- ceptance of responsibility. USSG § 3E1.1(a).

United States v. Rhonda K. Fenwick

281 F. App'x 946 · Court of Appeals for the Eleventh Circuit · Jun 17, 2008

“[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. … Thus, the district court clearly considered the seriousness of the offense, Fenwick’s history, and the nature and circumstances of the offense conduct in applying an upward variance.

United States v. Mitchell Lichtman

683 F. App'x 873 · Court of Appeals for the Eleventh Circuit · Mar 31, 2017

In his motion for a variance, Lichtman conceded that “[t]he mere fact that he was on a peer-to-peer network automatically qualifies the Defendant for distribution.” … Lichtman also offers the novel procedural argument that the district court has a heightened duty to address the Report because it qualifies as a “policy statement” under § 3553(a)(5).

Maribel Lara v. Commissioner of Social Security

705 F. App'x 804 · Court of Appeals for the Eleventh Circuit · Jul 21, 2017

If the ALJ gives less than controlling weight to a treating source’s opinions, the ALJ must clearly articulate the reasons for doing so. … When a claimant attempts to establish a disability through her own testimony concerning her symptoms, we require “(1) evidence of an underlying medical condition; and (2) either (a) objective medical evidence confirming

William H. Harrell, Jr. v. The Florida Bar

Court of Appeals for the Eleventh Circuit · Jun 17, 2010

Thus, this type of as-applied challenge is most likely to be ripe if the rules clearly apply on their face, or if the enforcing authority -- here, the Bar -- has told us that they apply. … We recognize that to produce a finalized television advertisement might cost Harrell tens of thousands of dollars, and that appealing an adverse ruling to the Board might take upwards of a year -- both of which might qualify

Anesh Gupta v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Mar 25, 2020

On 3 We use the term “agency” because our role is to review the BIA’s determination of whether the factual findings of the IJ were clearly erroneous. 8 C.F.R. § 1003.1(d)(3)(i). … considered evidence that both Gupta’s Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) had been denied by the USCIS, indicating that Gupta did not qualify

United States v. Arico Javion Lipscomb

Court of Appeals for the Eleventh Circuit · Jul 6, 2020

The district court stressed, however, that Lipscomb’s criminal history, which dated back to 2000, was “significant” and that Lipscomb had nearly twice the number of criminal history points necessary to qualify for a criminal … Clearly, the chances of recidivism are great.” The district court also stated, “It is clear to the [c]ourt that you have a significant drug problem. In addition to using drugs, you also sell drugs.

Raul Jesus Alonso v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Mar 26, 2020

. § 1227(a)(2)(A)(iii), for having been convicted of Driving Under the Influence/Manslaughter, a crime that qualified as an aggravated felony under the Immigration and Nationality Act because it was a “crime of violence … on or off medicine or what conditions he had on or before May 2005. 7  Case: 19-12249 Date Filed: 03/26/2020 Page: 8 of 11 because Leocal clearly

United States v. Jose Alonso Nunez-Gutierrez

335 F. App'x 847 · Court of Appeals for the Eleventh Circuit · Jun 25, 2009

To qualify for an adjustment under this section, the defendant must have been the manager or supervisor of one or more participants. Id. at § 3B1.1, comment. (n.2). … “The 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.

Hill v. Jones

81 F.3d 1015 · Court of Appeals for the Eleventh Circuit · Apr 9, 1996

Hill to more clearly present issues critical to his case." Loewy continued to represent Hill. … Hill contends that under these circumstances, his collateral counsel's ineffectiveness should qualify as cause. In Coleman, the Supreme Court faced a similar but distinct situation.

German Bohorquez v. U.S. Attorney General

176 F. App'x 38 · Court of Appeals for the Eleventh Circuit · Mar 16, 2006

To establish asylum eligibility, the alien must, with specific and credible evidence, establish (1) past persecution on account of a statutorily listed factor, or 1 Petitioners make no argument regarding … To qualify for withholding of removal under the INA, an alien must show that his or her life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political

Darius Taurean Caldwell v. United States

Court of Appeals for the Eleventh Circuit · May 2, 2023

In particular, a litigant must have an ap- pellate court certify that the new motion contains newly discovered evidence “sufficient to establish by clear and convincing evidence that no reasonable … his counsel was ineffective; 2) the government failed to show he was in possession of a firearm; 3) testimony at trial regarding an incriminat- ing piece of evidence was false or misleading; 4) evidence clearly

United States v. Kendrick Marquis Minton

283 F. App'x 774 · Court of Appeals for the Eleventh Circuit · Jun 26, 2008

“A district court’s determination that a defendant is not entitled to acceptance of responsibility will not be set aside unless the facts in the record clearly establish that a defendant has accepted personal responsibility … Initially, Minton’s argument, that he is entitled to a reduction for acceptance of responsibility because his misrepresentations at Orr’s trial did not qualify for an obstruction of justice enhancement, is without merit