Case law

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

Bradley Jones v. RS&H, Inc.

Court of Appeals for the Eleventh Circuit · May 31, 2019

Under that framework, the plaintiff must first create an inference of discrimination by establishing a prima facie case. Id. … That means drawing fine distinctions between qualified employees, who, under better economic conditions, might all continue to be employed.

United States v. Steven A. Harris

296 F. App'x 736 · Court of Appeals for the Eleventh Circuit · Oct 14, 2008

As such, we do not consider Harris’s argument that he does not qualify for sentencing as a career offender because carrying a concealed weapon is no longer considered a crime of violence. … The party challenging the sentence has the burden of establishing that the sentence is unreasonable in light of the record and the § 3553(a) factors. Talley, 431 F.3d at 788.

Rismed Oncology Systems, Inc. v. Daniel Esgardo Rangel Baron

638 F. App'x 800 · Court of Appeals for the Eleventh Circuit · Jul 17, 2015

Rangel Baron fooled IVSS by convincing it to change the routing numbers for bank accounts to which it wired payments to those he established in connection with each Rismed Dialysis company he had formed. … court abuses its discretion if it applies an incorrect legal standard, applies the law in an unreasonable or incorrect manner, follows improper procedures in making a determination, or makes findings of fact that are clearly

United States v. Biscain Umbacia

183 F. App'x 904 · 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. … The district court did not clearly err in refusing to grant Umbacia a mitigating role reduction.

Karen Shannon v. National Railroad Passenger Corporation

Court of Appeals for the Eleventh Circuit · May 20, 2019

Instead, the evidence showed that they chose the applicant they believed was the most qualified. Kirk and Jerew also explained that they did not chose Shannon, in part, because of concerns about her integrity. … Shannon suggests Murphy’s statement was an oblique reference to her FMLA leave, but Murphy explained that the fact that Shannon had applied for a lower position in 2014 clearly indicated to him that she was no longer interested

Peter Jang v. Apex Clearing Corporation

Court of Appeals for the Eleventh Circuit · Oct 8, 2024

And New York courts have identified at least three relevant situations qualifying as “extenuating circumstances” in this context. … In short, New York law clearly establishes that clearing bro- kers generally don’t owe investors any duties. Neither traditional agency law nor industry rules support the Investors’ claims.

Samuel R. Hayes, III v. ATLHAWKS, LLC

Court of Appeals for the Eleventh Circuit · Feb 4, 2021

subjected to an adverse employment action, (3) that [he] was qualified to perform the job in question, and (4) that [his] 14  USCA11 Case: 20-10169 … that the employer has failed to clearly articulate and follow its formal policies.”

United States v. Kevin Hartley

Court of Appeals for the Eleventh Circuit · Aug 7, 2024

“Traffic stops qualify as seizures under the Fourth Amend- ment.” United States v. Perkins, 348 F.3d 965, 969 (11th Cir. 2003). … Under Georgia law, “[w]henever any roadway has been di- vided into two or more clearly marked lanes for traffic . . .

United States v. Zandrina Alexander

237 F. App'x 399 · Court of Appeals for the Eleventh Circuit · Mar 29, 2007

The district court did not clearly err in finding this evidence sufficient to establish the existence of a conspiracy by a preponderance of the evidence. … We first note that under circuit precedent, these statements may qualify as co-conspirator statements.

United States v. Troy Anthony Coleman

Court of Appeals for the Eleventh Circuit · Apr 8, 2019

Wilks, without addressing a modified sentence of probation, we concluded that a defendant’s Florida youthful-offender convictions qualified as predicate offenses warranting sentencing enhancements under the guidelines. … doctrine: in cases where “(1) the evidence on a subsequent trial was substantially different, (2) controlling authority has since made a contrary decision of the law applicable to the issue, or (3) the previous decision was clearly

United States v. Mark S. Maggert

428 F. App'x 874 · Court of Appeals for the Eleventh Circuit · May 31, 2011

“Jury instructions will not be reversed for plain error unless the charge, considered as a whole, is so clearly erroneous as to result in a likelihood of a grave miscarriage of justice, or the error seriously affects the … To establish the defense, the defendant must show that he “(1) fully disclosed all relevant facts to the expert and (2) relied in good faith on the expert’s advice.” Id.

Luz Elsa Cediel v. U.S. Attorney General

170 F. App'x 89 · Court of Appeals for the Eleventh Circuit · Mar 7, 2006

Similar to the facts in Yang, however, the IJ did not clearly state that he was making an adverse credibility finding. See id. … Additionally, similar to the facts in Sanchez, Cediel alleged that members of the FARC harassed her solely due to her failure to cooperate by giving them information, which was insufficient to prove that she qualified

Securities and Exchange Commission v. Michael T. Rand

Court of Appeals for the Eleventh Circuit · Mar 11, 2020

The jury was instructed that for any of these acts to qualify as objects of the conspiracy, they had to find that Rand committed them. … The government presented evidence to establish intent. Rand centered his defense around good faith during the trial.

Nohra Yolanda Ocampo-Roncancio v. U.S. Atty. Gen.

199 F. App'x 938 · Court of Appeals for the Eleventh Circuit · Nov 28, 2006

Here, substantial evidence supports the BIA’s decision, as well as the IJ’s finding, that Ocampo-Roncancio did not establish past persecution or a well- founded fear of future persecution because she did not establish her … We observed the following: Congress did not directly speak on the issue of what constitutes a “particular social group,” one of the five listed categories that qualify for refugee status or withholding

Cities of Lakeland & Tallahassee, & Gainesville Regional Utilities v. Federal Energy Regulatory Commission

702 F.2d 1302 · Court of Appeals for the Eleventh Circuit · Apr 4, 1983

These expert opinions are clearly sufficient to support a finding that boiler fuel users can convert to alternate fuels more cheaply than non-boiler fuel users. … By qualifying this plan as interim and proceeding with the EIS on the permanent plan, the Commission complied with its duties under the NGA and NEPA to the fullest extent possible.

United States v. Peter Thai Hoang

237 F. App'x 458 · Court of Appeals for the Eleventh Circuit · Jun 12, 2007

John Cao, Hoang’s co-defendant, established a local cell in Pensacola, Florida. … Accordingly, the district court’s finding that Hoang was an organizer or leader of the criminal enterprise was not clearly erroneous.

Yellow Pages Photos, Inc. v. YP, LLC

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

Each of the below changes regarding the companies occurred after these licenses were established. As is relevant to the Berry License, L.M. … Each of the uses in this case qualify for use by Print Media as a renewal, reprint, or republication based on the clear language of the Berry License.

Yellow Pages Photos, Inc. v. YP, LLC

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

The Answer clearly reflects that Print Media claimed that it was authorized to print the images pursuant to a license agreement. … Each of the uses in this case qualify for use by Print Media as a renewal, reprint, or republication based on the clear language of the Berry License.