Case law

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.

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

United States v. Richitelli

420 F. App'x 861 · Court of Appeals for the Eleventh Circuit · Feb 3, 2011

The district court’s discretion, however, does not extend to the exclusion of crucial, relevant evidence necessary to establish a valid defense. Id. … Straub, 508 F.3d 1003, 1011 (11th Cir. 2007) (explaining that to preserve an issue for appellate review, the defendant must clearly raise the specific grounds for the objection).

United States v. Tasha Michelle Blackburn

398 F. App'x 453 · Court of Appeals for the Eleventh Circuit · Sep 30, 2010

Sullivan and Blackburn further assert that the government did not adequately establish how Stone’s experience as a narcotics officer could be applied reliably to the facts of the present case. … An individual’s review and signing of a consent form, which clearly states that she had the right to refuse consent, may constitute “an important intervening circumstance.”

Phillip A. Rodin v. City of Coral Springs, Florida

229 F. App'x 849 · Court of Appeals for the Eleventh Circuit · Apr 26, 2007

To establish a claim of retaliation for protected speech under the First Amendment, “the employee must show by a preponderance of the evidence that: (1) the employee’s speech is on a matter of public concern; (2) the employee … Chappel’s speech on these issues was clearly within the ambit of the First Amendment’s protection.” Id. at 578-79.

Gulf Power Company v. FCC

Court of Appeals for the Eleventh Circuit · Apr 11, 2000

For the FCC to be able to regulate the rent for an attachment that provides Internet service then, Internet service must qualify as either a cable service or a telecommunications service. … They are usually located within cables that also contain fibers providing cable or telecommunications services, i.e., lit fibers the FCC clearly has the authority to regulate.

United States v. Stephen G. House

Court of Appeals for the Eleventh Circuit · Jun 20, 2012

“An abuse of discretion occurs if the district court applies an incorrect legal standard or makes findings of fact that are clearly erroneous.” United States v. Wilk, 572 F.3d 1229, 1234 (11th Cir. 2009). … Ct. 576, 578 (1951) (holding that a jury could find that a private detective who was qualified as a special police officer had acted under color of law when he flashed his badge while committing a series of assaults).

United States v. Andrew Beasley

562 F. App'x 745 · Court of Appeals for the Eleventh Circuit · Mar 28, 2014

that “every court of appeals that has addressed the issue has held that a defendant’s knowing use of a P2P file-sharing program that allows others to have access to child pornography files on the defendant’s computer qualifies … In Vadnais, the defendant did not dispute that his use of Limewire was sufficient to establish “distribution” for purposes of the two-level increase in § 2G2.2(b)(3)(F). Id. at 1209.

Johnny Ford v. Luther J. Strange, III

580 F. App'x 701 · Court of Appeals for the Eleventh Circuit · Sep 3, 2014

The Alabama Constitution, however, provides for the adoption of “amendment[s] which affect[] or appl[y] to only one county” if approved by, inter alia, a majority vote of the qualified electors in that county. … No. 97-417, at 30 (1982), reprinted in 1982 U.S.C.C.A.N. 177, 208 (“[T]he committee reiterates the existence of the private right of action under section 2, as has been clearly intended by Congress since 1965.”). 7

Tambourine Comercio Internacional SA v. Solowsky

312 F. App'x 263 · Court of Appeals for the Eleventh Circuit · Feb 17, 2009

It is a well-established rule in this Circuit that “[i]ssues not clearly raised in the briefs are considered abandoned.” Marek v. Singletary, 62 F.3d 1295, 1298 n.2 (11th Cir. 1995) (citation omitted). … That privilege would have belonged to Fausto, and in testifying on this topic he was clearly waiving it. See, e.g., Cox v. Adm’r U.S.

United States v. Samuel J. Johnson

681 F. App'x 735 · Court of Appeals for the Eleventh Circuit · Feb 27, 2017

“To establish plain error, [Johnson] must show there is (1) error, (2) that is plain, and (3) that affects substantial rights.” Id. at 1019. … on point” that it “undermine[s]” our established practice of interpreting these statutes based on their plain meaning “to the point of abrogation.”

United States v. Gail Russ

Court of Appeals for the Eleventh Circuit · Jan 16, 2026

Appellants went to trial, where many employers who hired individuals based on fraudulent qualifications testified that, had they known the individual was not actually a qualified nurse, they would … Furthermore, Jean’s renewed motions and motion for new trial, adopted by both Duroseau and Russ, acknowledged the trial evidence “[a]t best” established “co-conspirators used fraudu- lent diplomas

United States v. Armando Reyes-Garcia

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

The defendant must establish that the combined errors affected his substantial rights. Id. … Cruz had a previously established relationship with the Ortega-Montez.

Robert Matthew Ross v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit · Nov 25, 2019

Stewart-Sabin formulated and the daily activities that Ross acknowledged were inconsistent with her opinion that Ross was 100% unemployable and qualified under the listed impairment of anxiety-related disorders. … The ALJ clearly articulated his reasoning for finding that Ross was not entirely credible.

Amos v. Glynn County Board of Tax Assessors

347 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Oct 20, 2003

Even if two years were an outer boundary, moreover, the district court clearly erred in finding that “[t]he evidence in this case shows that the length of time to resolve a tax appeal on average far exceeds the two-year … Simply put, this record does not establish that the appeals process embodied in O.C.G.A. § 48-5-311 is not “speedy” for purposes of the Tax Injunction Act.

United States v. Joe Harden

314 F. App'x 236 · Court of Appeals for the Eleventh Circuit · Dec 5, 2008

former, the Supreme Court re-affirmed that “[a]ny fact (other than a prior conviction) which is necessary to support a sentence 3 exceeding the maximum authorized by the facts established … Therefore, Booker does not disturb our holding regarding the applicability of the statutory minimum to Harden, and it does not qualify this case for an exception to the law of the case doctrine.

United States v. George Adrien Brooks

Court of Appeals for the Eleventh Circuit · Jan 18, 2018

Nevertheless, we hold that Brooks has failed to demonstrate that the district court clearly erred in accepting the Government’s race-neutral reasons for striking Ramachandran and Aviles. … According to Brooks, attempted enticement of a minor under § 2422(b) does not qualify as a child molestation crime under this approach.

Angel Vasquez Garcia v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Dec 9, 2020

With respect to their argument that they established a sufficient nexus between their alleged persecution by government-affiliated actors and their political opinion, Angel and Axel’s notice of appeal clearly referenced … In conclusion, the BIA will have an opportunity on remand to explain more clearly its determination whether Axel has carried his burden to establish that he was shot by government agents with a non-lethal projectile, that

United States v. Alejandrino Lozano-Ramirez

294 F. App'x 548 · Court of Appeals for the Eleventh Circuit · Sep 25, 2008

A drug courier may or may not qualify for a minor role reduction. Id. at 942. The district court did not clearly err in denying Lozano a minor role 4 reduction. … “[T]he party who challenges the sentence bears the burden of establishing that the sentence is unreasonable in light of both [the] record and the factors in section 3553(a).” Id.

Kirsten Kissinger-Campbell v. C. Randall Harrell

418 F. App'x 797 · Court of Appeals for the Eleventh Circuit · Feb 11, 2011

Defendants refer vaguely to the contract without citing any language in it that would establish such a privilege. … Thus, the jury was clearly aware that it was inappropriate for Plaintiff to report anything that was discussed in the interview with Zbella.