Case law

United States v. Shaquandra Woods

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

When a defendant pleads not guilty, her intent becomes a material issue, which the government may establish through qualifying Rule 404(b) evidence. Edouard, 485 F.3d at 1345. … Woods describes Parker’s testimony about the threat as “false” and “clearly improbable.”

Fugate v. Head

261 F.3d 1206 · Court of Appeals for the Eleventh Circuit · Aug 16, 2001

Counsel was able to establish that Mark was unable to see what occurred. … However, Bellury later qualified this testimony, stating that he considered favorable testimony that Fugate was a good carpenter to be of little value.

United States v. Paul F. Wrubleski

707 F. App'x 650 · Court of Appeals for the Eleventh Circuit · Sep 6, 2017

The evidence also established that the statement was made “in furtherance of the conspiracy.” See Miles, 290 F.3d at 1351. … The rule says these requirements can be “shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11).” Id. 803(6)(D).

Craig A. Smith, II v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit · Mar 6, 2024

State agency medical consultants who reviewed Smith’s medical records, however, opined that his impairments were not severe enough to qualify for disability benefits. 2 As a result, the VA raised … “A claimant’s burden to establish a severe impairment at step two is only mild.” Schink, 935 F.3d at 1265 (quotation marks omitted).

United States v. Tiffany Smith

697 F. App'x 944 · Court of Appeals for the Eleventh Circuit · Jun 15, 2017

The court’s ruling was not clearly erroneous. … The Government questioned whether Defendant had actually so qualified this response in the hearing.

United States v. James L. Johnson

281 F. App'x 909 · Court of Appeals for the Eleventh Circuit · Jun 16, 2008

Lastly, the district court did not clearly err in applying an aggravating-role enhancement under U.S.S.G. § 3B1.1. … In order to qualify for a supervisory- role enhancement under this section, the defendant need only manage or supervise one other participant. U.S.S.G. § 3B1.1 cmt. n.2.

Windell Gordon v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Mar 13, 2023

The immi- gration judge raised this issue, too, pointing out that their failure to harm his family seemed to show “[t]hey clearly then think that [Gordon] hasn’t spoken to the DEA.” … To qualify for relief under the Convention, an applicant must “establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.”

West Coast Roofing & Waterproofing, Inc. v. Johns Manville, Inc.

287 F. App'x 81 · Court of Appeals for the Eleventh Circuit · Jul 24, 2008

Moreover, those allegations regarding representations during “the bidding and submittal phases” of a single construction project to induce purchase of a single roofing system clearly do not constitute the required pattern … Plaintiff argues that the District Court erred when it found that the Second Amended Complaint fails to qualify for diversity jurisdiction.

United States v. Michael Parnell

Court of Appeals for the Eleventh Circuit · Jan 23, 2018

That clearly refers to the net sales value of product actually recalled, which is clearly an appropriate loss for the loss calculation. … Lightsey’s testimony establishes that Michael managed or supervised at least Lightsey.

United States v. Andersen Rabel

Court of Appeals for the Eleventh Circuit · Jul 11, 2024

First, the evidence was clearly relevant to whether Rabel knew the kits were silencers. … A district court must deny a motion for judgment of acquit- tal based on the sufficiency of the evidence “if ‘a reasonable fact- finder could conclude that the evidence established the defendant’s

United States v. David Maurilio Zapata Velasquez

183 F. App'x 914 · 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. … Whether a defendant qualifies for a decrease is “heavily dependent upon the facts of the particular case.” U.S.S.G. § 3B1.2 cmt. n.3(C).

United States v. Julio Telles-Milton

347 F. App'x 522 · Court of Appeals for the Eleventh Circuit · Oct 1, 2009

First, because Telles-Milton was held accountable only for his actual conduct, the district court did not clearly err by denying him a minor-role reduction. … The burden of establishing that a sentence is unreasonable lies with the party challenging the sentence. Id. Pursuant to Gall v.

United States v. Oscar Gonzalez

414 F. App'x 189 · Court of Appeals for the Eleventh Circuit · Jan 24, 2011

The court observed that the black air pistol recovered by law enforcement qualified as a dangerous weapon because it resembled a firearm. … Thus, the district court did not clearly err by concluding that Gonzalez was accountable for 20 kilograms of cocaine. See Rodriguez, 398 F.3d at 1296.

United States v. Christopher Bernard Pitts

Court of Appeals for the Eleventh Circuit · Nov 27, 2019

Each contract required Pitts to establish a separate escrow account and to use that escrow account to receive purchase money, pay closing costs, and to remit payments to HUD. … About Pitts’s second breach argument, we observe that the plea agreement provided expressly that “[d]etermination of whether the defendant met the defendant’s obligations to qualify for the reduction pursuant to § 3E1.1

United States v. Ferdinand Mediko

Court of Appeals for the Eleventh Circuit · Nov 23, 2022

But importantly, surveillance photos and signed deposit slips established that Ms. … So we cannot con- clude that the district court clearly erred in concluding that the de- fendants (including Ms.

United States v. Moises Ardilla-Tepetate

Court of Appeals for the Eleventh Circuit · Apr 13, 2006

Ardilla has not established that he qualified for the safety valve. … Section 3E1.1 directs the district court to decrease a defendant’s offense level by two points if he “clearly demonstrates acceptance of responsibility for his offense.” U.S.S.G. § 3E1.1(a).

Roy Allen Harich v. Richard Dugger, Secretary, Florida Department of Corrections, Respondent

844 F.2d 1464 · Court of Appeals for the Eleventh Circuit · Apr 21, 1988

Clearly the jurors' perception of their role was minimized by the prosecutor's statement and then the trial court's endorsement when the court said "as you have been told...." … When the evidence tends to establish intoxication (impairment of the mental faculties by the use of narcotics or other drugs) to this degree, the burden is upon the state to establish beyond a reasonable doubt that the defendant

State of Florida v. Department of Health and Human Services

Court of Appeals for the Eleventh Circuit · Sep 4, 2026

It moved the prohibition on sex dis- crimination to § 92.101(a)(1) and added detail about the types of acts that qualified as sex discrimination. … The 2024 Rule also added or modified other regulations to address what acts qualified as sex discrimination.

United States v. Quantrell Grace

711 F. App'x 495 · Court of Appeals for the Eleventh Circuit · Sep 27, 2017

The district court granted the government’s motion to preclude the expert from testifying because prior precedent from this Court established that the testimony was not admissible under Daubert v. … It did not err by concluding that Hobbs Act robbery qualifies as a crime of violence under 18 U.S.C. § 924(c).

Auriga Polymers Inc. v. PMCM2, LLC

Court of Appeals for the Eleventh Circuit · Jul 18, 2022

The first two uses must refer to transfers that qualify as preferences, as the only preferences that can be avoided “under this section,” § 547, are “preferences,” which by definition are pre-petition transfers. … But the “at the time of adjudication language” was clearly tied to the provision of “new value.”