Case law

United States v. Joseph Paul Zada

706 F. App'x 500 · Court of Appeals for the Eleventh Circuit · Aug 11, 2017

His total offense level of 37 and criminal history category of I established a guideline range of 210 to 262 months of imprisonment. … “For a factual finding to be clearly erroneous, we must be left with a definite and firm conviction that a mistake has been committed.” Id.

United States v. Angel L. Davila-Rodriguez

166 F. App'x 399 · Court of Appeals for the Eleventh Circuit · Jan 13, 2006

He also contended that his prior firearms offenses from Puerto Rico were inadmissible due to lack of notice, translation, fingerprints to establish identity, and factual details. … United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.”

United States v. Michael Rojas

Court of Appeals for the Eleventh Circuit · Jul 31, 2020

’ crimes affected a financial institution, because it clearly demonstrated that STB provided the money used in STMI’s loans to the straw buyers. … Essentially, Michael argues that this “summary witness for monetary transactions gave opinion evidence that a signature was [Michael’s] without being qualified as an expert in that area; and admission of the testimony,

Arthur D. Weiss v. City of Gaineville, Florida

Court of Appeals for the Eleventh Circuit · Mar 21, 2012

Policy 2.3.8 established standards for the property’s development. Policy 2.3.8(m) provided: m. … This document clearly did not promise Weiss a future development of regional impact hearing. D.

Susan Drazen v. Juan Pinto

106 F.4th 1302 · Court of Appeals for the Eleventh Circuit · Jul 16, 2024

“To qualify as an [ATDS], a .... … Finally, the plain text of (e)(4) clearly allows another round of notice for class members to opt out, even in our scenario.

United States v. Rohan Hope

686 F. App'x 623 · Court of Appeals for the Eleventh Circuit · Apr 19, 2017

The government responded and attached documents it argued established Hope was affiliated with One Order. … Because the judge failed to make explicit reliability findings, and the record does not clearly establish 16  Case: 16-12213 Date Filed: 04/19/2017 Page

United States v. Cornelius Bryant

355 F. App'x 329 · Court of Appeals for the Eleventh Circuit · Dec 3, 2009

We review de novo whether Bryant’s prior conviction qualifies as a crime of violence under the Sentencing Guidelines. United States v. Harris, No. 08- 15909, slip op. at 4 (11th Cir. … Boyer never identified Bryant as the bank robber, but other evidence established his guilt.

Nurul Islam v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jun 24, 2020

The BIA concluded that the IJ’s adverse credibility finding was not clearly erroneous, finding that Islam’s personal statement was inconsistent with his testimony regarding how his brother-in-law was threatened, and that … To qualify for asylum, Islam must prove, with reliable and specific evidence, that he is a “refugee.” 8 U.S.C. § 1158(b)(1); Sanchez Jimenez, 492 F.3d at 1232.

United States v. Rafael Ubieta

630 F. App'x 964 · Court of Appeals for the Eleventh Circuit · Nov 3, 2015

The district court’s decision was not clearly erroneous. … Therefore, the district court did not clearly err. iv.

United States v. Antonio Dawon Woodley

484 F. App'x 310 · Court of Appeals for the Eleventh Circuit · Jun 18, 2012

In any event, the district court clearly and properly considered whether the delay was reasonable. … Thus, Woodley must establish actual prejudice under Barker.

United States v. Yoel Graveran-Palacios

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

In combination, this evidence clearly supports a finding that the account number at issue in Yoel’s aggravated identity theft charge belonged to a real person. … The decision about whether a defendant qualifies for a minor role adjustment is a finding of fact that we review for clear error. Id. at 934.

United States v. Yulisey Herrera Gongora

Court of Appeals for the Eleventh Circuit · Dec 17, 2025

Later that year, the Sentencing Commission changed the guidelines so that inchoate crimes qualify. See U.S.S.G. App. C, amend. 822 (Nov. 2023); U.S.S.G. § 4B1.2(d). … To preserve a challenge to the procedural reasonableness of a sentence, a defendant must clearly state the grounds on which the objection is made in the district court, or she waives the objection.

United States v. Karen Collins

Court of Appeals for the Eleventh Circuit · Jul 1, 2021

Zapata, 139 F.3d 1355, 1358 (11th Cir. 1998) (“A defendant who enters a not guilty plea makes intent a material issue which imposes a substantial burden on the government to prove intent, which it may prove by qualifying … evaluating whether the probative value of Collins’s prior offense was substantially outweighed by the risk of undue prejudice, the differences between the prior and charged offenses, and their temporal proximity, do not clearly

United States v. Ryan Vincent Hill

Court of Appeals for the Eleventh Circuit · Apr 25, 2018

The Government responded that Defendant qualified for the physical-restraint enhancement because he aided and abetted Adeleye and Brown, both of whom had pointed guns directly at victims to restrain them. … Witness testimony established that Adeleye and Brown had their guns out as they entered the bank and that Defendant entered the bank after them.

United States v. Michael Bernard Lawson

Court of Appeals for the Eleventh Circuit · Jan 14, 2022

Therefore, the court record “speak[s] plainly in establishing the elements of” Lawson’s 2004 conviction. Gandy, 917 F.3d at 1340 (quotation omitted). … Here, the court did not clearly err by finding that the firearms were in close proximity to Lawson’s drugs and applying the enhancement on that basis.

National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement

Court of Appeals for the Eleventh Circuit · Mar 14, 2025

statute which, under the pretence of regulating, amounts to a destruction of the right, or which requires arms to be so borne as to render them wholly useless for the purpose of defence, would be clearly … But it did so precisely because, under its interpretation of the Privileges or Immunities Clause, the right the Second Amendment secured was a pre-existing one, not “in any manner dependent upon

United States v. Ruben Campa, A.K.A. John Doe 3, A.K.A. Vicky, A.K.A. Camilo, A.K.A. Oscar, Rene Gonzalez, A.K.A. Iselin, A.K.A. Castor, Gerardo Hernandez, A.K.A. Giro, A.K.A. Manuel Viramontez, A.K.A. John Doe 1, A.K.A. Manuel Viramontes, Luis Medina, A.K.A. Oso, A.K.A. Johnny, A.K.A. Allan, A.K.A. John Doe 2, Antonio Guerrero, A.K.A. Rolando Gonzalez-Diaz, A.K.A. Lorient, United States of America v. Gerardo Hernandez, A.K.A. Giro, A.K.A. Manuel Viramontez, A.K.A. John Doe 1, A.K.A. Manuel Viramontes, Luis Medina, A.K.A. Oso, A.K.A. Johnny, A.K.A. Allan, A.K.A. John Doe 2, Rene Gonzalez, A.K.A. Iselin, A.K.A. Castor, Antonio Guerrero, A.K.A. Rolando Gonzalez-Diaz, A.K.A. Lorient, Ruben Campa, A.K.A. John Doe 3, A.K.A. Vicky, A.K.A. Camilo, A.K.A. Oscar

459 F.3d 1121 · Court of Appeals for the Eleventh Circuit · Aug 9, 2006

that the defendant would be denied a fair trial. 223 Indeed, we have ruled that a trial court's method of holding its decision on a Rule 21 motion for change of venue in abeyance until the conclusion of the voir dire "is clearly … to media coverage of the case vaguely recalled a "shootdown," but little else. 231 Ultimately, the court struck 32 out of 168 potential jurors (19%) for Cuba-related animus, which was well within an acceptable range. 232 Qualified

Rein William Soetendal v. U.S. Atty. Gen.

209 F. App'x 913 · Court of Appeals for the Eleventh Circuit · Dec 7, 2006

Past Persecution Soetendal’s petition first argues that the IJ erred in denying his claim for asylum because he clearly established past persecution. … Withholding of Removal Substantial evidence also supports the IJ’s finding that Soetendal failed to qualify for withholding of removal under the INA.

United States v. Ricky Adams Glasco

223 F. App'x 951 · Court of Appeals for the Eleventh Circuit · May 15, 2007

I think that establishes that the government has met its burden of establishing that the defendant had sustained a felony conviction for a crime of violence.” Glasco did not make any further objections. … Glasco’s Prior Child Abuse Conviction Qualifies as a Crime of Violence for Purposes of U.S.S.G. § 2K2.1(a)(4)(A) 6  Section 2K2.1(a)(4)(A) of the Sentencing Guidelines

Raeann Bayless v. Coloplast Corp

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

Mays was “clearly qualified to testify on the oxidative degradation of a polymer, and his methodology is reliable.” But because Dr. … Rosenzweig “was thorough and used reliable methodology for excluding other possible causes,” as he “clearly explained his reasons for rejecting alternative explanations” and determining that “Restorelle