Case law

United States v. Anthony Reid

256 F. App'x 317 · Court of Appeals for the Eleventh Circuit · Nov 28, 2007

“A district court’s determination that a defendant is not entitled to [a reduction for] acceptance of responsibility will not be set aside unless the facts in the record clearly establish that a defendant has accepted … Accordingly, the district court did not clearly err in finding that 10 Reid did not meet his burden of establishing that he had accepted personal responsibility. 6.

Sebastian St. Aubyn Murphy v. U.S. Attorney General

662 F. App'x 706 · Court of Appeals for the Eleventh Circuit · Oct 11, 2016

As to Murphy’s eligibility for adjustment of status, the BIA found the IJ’s adverse credibility finding was not clearly erroneous. … “that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible”).

United States v. Edward Townsend

Court of Appeals for the Eleventh Circuit · Dec 26, 2017

Even assuming the Government failed to establish that the requisite conditions for admissibility were “shown by the testimony of the custodian or another qualified witness,” Fed. R. … The district court did not clearly err by including in the loss amount all of the deposits made into Defendant’s PayPal account during the life of the conspiracy, because that finding is supported by sufficient circumstantial

United States v. Emiliano Palma-Meza

685 F. App'x 806 · Court of Appeals for the Eleventh Circuit · Apr 17, 2017

The district court did not clearly err in denying Palma-Meza a minor-role reduction under U.S.S.G. § 3B1.2(b). … Palma-Meza bore the burden of establishing his minor role in the offense, and, based on the record as a whole, we cannot say that the court clearly erred in finding that Palma-Meza failed to meet his burden.

United States v. Alenio Bonilla-Tello

270 F. App'x 982 · Court of Appeals for the Eleventh Circuit · Mar 27, 2008

Thus, the district court did not clearly err in determining that neither Bonilla-Tello nor Bruno- Hernandez qualified for a mitigating-role reduction. II. … Bonilla-Tello also has not established his sentence was substantively unreasonable.

United States v. Jong Sung Kim

Court of Appeals for the Eleventh Circuit · Aug 24, 2022

Factual findings are clearly erroneous when they leave us “with a definite and firm conviction that a mistake has been committed.” United States v. … Because Kim has not established that Lee testified falsely, Kim has not established a Giglio violation.

United States v. Camilo Ochea Moreno

199 F. App'x 839 · Court of Appeals for the Eleventh Circuit · Oct 4, 2006

“[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).” Id. … The government agreed, however, that Ochea-Moreno qualified for safety-valve relief.

United States v. Marcos Valenzela

199 F. App'x 908 · Court of Appeals for the Eleventh Circuit · Oct 18, 2006

Under U.S.S.G. § 3B1.2(b), a defendant qualifies for a two-level reduction to his offense level if he was a minor participant in the offense. U.S.S.G. § 3B1.2(b). … Here, it cannot be said that the district court clearly erred by denying Valenzela a minor-role reduction.

United States v. Antonio Mitchell Bent

183 F. App'x 917 · Court of Appeals for the Eleventh Circuit · Jun 9, 2006

The defendant has the burden of establishing his role in the offense by a preponderance of the evidence.1 Id. at 939. … Here, the district court did not clearly err in refusing to give Bent a mitigating role reduction.

Carl Puiatti v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · Oct 15, 2013

Sally Karioth, a college professor and a licensed traumatologist, was qualified as an expert in the areas of grief and trauma. After reviewing Puiatti’s case in 1990, Dr. … The district court’s findings of fact, however, are subject to review under the clearly erroneous standard.” Turner, 339 F.3d at 1273 (internal citations omitted).

Carmen Maria Garcia v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit · Nov 3, 2020

The ALJ must also clearly articulate his reasons for giving less weight to a treating physician’s opinion, and the failure to do so is reversible error. Lewis v. Callahan, 125 F.3d 1436, 1440 (11th Cir. 1997). … To meet a Listing, the claimant must meet all of the specified medical criteria, and an impairment that fails to do so does not qualify, no matter how severely it meets some of the criteria. Sullivan v.

Cable/Home Communication Corp. v. Network Productions, Inc.

902 F.2d 829 · Court of Appeals for the Eleventh Circuit · Jun 4, 1990

Establishment of Vaduz, Liechtenstein, Black, Inc. v. … “A party's success on a claim that is ‘purely technical or de minimis’ does not qualify him as a ‘prevailing party.’ ” Warner Bros., 877 F.2d at 1126 (quoting Texas State Teachers Ass’n v. Garland Indep.

Oluwamuyiwa Awodiya v. Ross University School of Medicine

Court of Appeals for the Eleventh Circuit · May 24, 2021

For example, § 504 of the RA provides that “[n]o otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied … USCA11 Case: 19-12832 Date Filed: 05/24/2021 Page: 13 of 16 For example, in its motion relating to the earlier summary judgment order, Ross noted that “[t]he [website statement] language clearly

Loren Michelle Porto v. Acting Commissioner of Social Security Administration

Court of Appeals for the Eleventh Circuit · Mar 19, 2021

When good cause exists, the administrative law judge may disregard a treating physician’s opinion but must clearly articulate the reasons for doing so. Id. … A three-part “pain standard” applies when a claimant attempts to establish disability through her own testimony of pain or other subjective symptoms. Wilson, 284 F.3d at 1225.

United States v. Alexander Michael Roy

Court of Appeals for the Eleventh Circuit · Apr 26, 2017

The Sixth Circuit had held that the state court decision denying the petitioner habeas relief because of that 10-minute absence was contrary to, or involved an unreasonable application of, clearly established federal law … As for the decision of the Wisconsin Court of Appeals, the Supreme Court held that “it cannot be said that the state court ‘unreasonabl[y] appli[ed] clearly established Federal law.’” Id. at 126, 128 S.

Lee F. Adams v. M. Todd

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

A plaintiff may establish a “causal connection . . . by proving that the official was personally involved in the acts that resulted in the constitutional deprivation.” Id. (quotations omitted). … Matthews, 902 F.2d at 881 (also finding it noteworthy that “[t]here is no evidence that the misstatement was made in bad faith in order to qualify Matthews for in forma pauperis status when he was not

Cecile Barker v. Commissioner of Internal Revenue

Court of Appeals for the Eleventh Circuit · Apr 27, 2021

Here, the Tax Court did not clearly err in finding that Barker failed to substantiate his claimed NOL deduction in 2011. … The witnesses’ testimony did not fill in these gaps, and SoBe’s tax returns could not, by themselves, establish those losses. See Roberts, 62 T.C. at 837.

Seneka Castrell Readus v. HMR Veteran Services

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

HMR also submitted discovery materials, including Readus’s resume, that established she worked in 2016 for Maury Regional Hospital and Medical Staffing Network. … DISCUSSION Readus argues that the district court should have granted her postjudgment motion because the increased debt listed in her amended application to proceed in forma pauperis established that she qualified

Michelina Iaffaldano v. Sun West Mortgage Company, Inc.

Court of Appeals for the Eleventh Circuit · Apr 9, 2019

Alternatively, Iaffaldano argues that her claims are cognizable under the Qualified Written Request provision of RESPA found at 12 U.S.C. § 2605(e).3 We need not decide whether a private right of action exists under … Even assuming arguendo that a private right of action exists, the district court did not clearly err in finding that Iaffaldano 2 After a bench trial, we review the district court’s conclusions of law

Dino Iacullo v. USA

657 F. App'x 916 · Court of Appeals for the Eleventh Circuit · Aug 10, 2016

And without a qualifying expert affidavit, Plaintiff had failed to establish a medical malpractice claim under Alabama law. … Maggert’s future appearance before the Board to demonstrate his ability to practice, and subsection (c) establishes the Board’s future jurisdiction.