Case law

Advantor Systems Corporation v. DRS Technical Services, Inc.

678 F. App'x 839 · Court of Appeals for the Eleventh Circuit · Jan 31, 2017

The parties do not agree on the proper interpretation of this provision, but DRS’s bid to SPAWAR clearly stated that “DRS acknowledges the critical requirements for manufacturer certifications for the . . . … Evid. 702 (establishing that expert testimony is appropriate based on “scientific, technical, or other specialized knowledge”).

Fedaa Al Najjar v. John Ashcroft

257 F.3d 1262 · Court of Appeals for the Eleventh Circuit · Jul 18, 2001

Where "an applicant is unable to meet the 'well-founded fear' standard for asylum, he is generally precluded from qualifying for either asylum or withholding of deportation." Nkacoang v. … Instead, § 1253(a) clearly defines the procedure to be followed in all cases, without reference to statelessness.

Fedaa Al Najjar v. John Ashcroft

257 F.3d 1262 · Court of Appeals for the Eleventh Circuit · Jul 18, 2001

Where "an applicant is unable to meet the 'well-founded fear' standard for asylum, he is generally precluded from qualifying for either asylum or withholding of deportation." Nkacoang v. … Instead, § 1253(a) clearly defines the procedure to be followed in all cases, without reference to statelessness.

United States v. Maurice Exavier

Court of Appeals for the Eleventh Circuit · Jul 30, 2019

To qualify as a victim, the means of identification used must be of “an actual (i.e., not fictitious) individual.” Id., cmt. n.1. … Based on the trial record, the district court did not clearly err in applying the sophisticated means enhancement.

Paula Velasquez v. U.S. Attorney General

303 F. App'x 703 · Court of Appeals for the Eleventh Circuit · Dec 15, 2008

The proceedings were again continued until 5 January 2005. 1 “Adjustment of status” is a discretionary immigration benefit that affords qualifying aliens the opportunity to obtain lawful permanent resident … . she is clearly and beyond a doubt entitled to be admitted to the United States and is not inadmissible as charged.”

United States v. Dennis Richardson

353 F. App'x 208 · Court of Appeals for the Eleventh Circuit · Nov 16, 2009

Procedural reasonableness means that a district court correctly calculated the advisory guidelines range, considered the § 3553(a) factors, relied on facts that are not clearly erroneous, and adequately explained the chosen … The party challenging the sentence carries the burden of establishing unreasonableness. See United States v. McBride, 511 F.3d 1293, 1297 (11th Cir. 2007) (per curiam).

HCA Health Services of Georgia, Inc. v. Employers

Court of Appeals for the Eleventh Circuit · Feb 2, 2001

It seems that Exhibit C evidences some of the entities with which MedView had established the payor/in-network provider relationship. … As a 'business entity' having a contract with MedView, HSI qualified as a payor."

Jerry Scott Heidler v. Warden GDCP

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

We can’t say that this no-prejudice determination was con- trary to, or an unreasonable application of, clearly established fed- eral law. … “[T]he state [habeas] court’s decision to view the affidavit evidence with caution was neither contrary to nor an unreasonable application of clearly established federal law.” Id.

United States v. Jonathan Keith Thomas

317 F. App'x 852 · Court of Appeals for the Eleventh Circuit · May 28, 2008

On appeal, Thomas argues that (1) the district court violated his due process rights when it imposed the upward variance based, in part, on hearsay or unreliable testimony concerning an uncharged offense that did not qualify … After hearing the evidence, the court concluded that the government had established “beyond a reasonable doubt” that Thomas used a 38 caliber gun to rob McMeans.

HCA Health Services of Georgia, Inc. v. Employers

Court of Appeals for the Eleventh Circuit · Feb 2, 2001

As a ‘business entity’ having a contract with MedView, HSI qualified as a payor.” … It seems that Exhibit C evidences some of the entities with which MedView had established the payor/in-network provider relationship.

United States v. Eric Kennard Crump

564 F. App'x 440 · Court of Appeals for the Eleventh Circuit · Apr 25, 2014

Based on his criminal history, Crump qualified as a career offender. … The PSI further stated that Jackson had established himself as a credible witness during the trials of two codefendants.

United States v. Renet Blanc

660 F. App'x 882 · Court of Appeals for the Eleventh Circuit · Sep 21, 2016

The undisputed facts in the PSI established that Blanc’s co-conspirator was his brother, with whom he shared a residence. The materials from the conspiracy were found in both brothers’ bedrooms. … The district court also did not err in concluding that Blanc did not qualify for a minor role reduction under U.S.S.G. § 3B1.2. Blanc had the burden to prove he was entitled to the reduction, see United States v.

Merardo Moreno-Moreno v. U.S. Atty. Gen.

208 F. App'x 697 · Court of Appeals for the Eleventh Circuit · Nov 16, 2006

The BIA also upheld the IJ’s denial of withholding of removal because the IJ’s factual findings were not clearly erroneous. … To qualify for withholding of removal based on persecution by a guerilla group on account of a political opinion, Moreno must establish that the guerillas persecuted him or will seek to persecute him in the future because

United States v. Willie Wilcher

Court of Appeals for the Eleventh Circuit · Jul 30, 2018

These spent shell casings, he posits, do not qualify as ammunition under federal law. … Given the absence of any clear law establishing that spent shell casings are not ammunition for the purpose of 18 U.S.C. § 922(g)(1), we find that Wilcher cannot show plain error. 6,7 Because we find, under our

Philadelphia Indemnity Insurance Company v. Sabal Insurance Group, Inc.

Court of Appeals for the Eleventh Circuit · Aug 26, 2019

There is no dispute that the criminal proceeding at issue in this case qualifies as a Claim under the Policy. … attributable to any dishonest or fraudulent act or omission or any criminal act or omission by such Insured; however, this exclusion shall only apply if a final and non- appealable judgment or adjudication establishes

United States v. Campa

529 F.3d 980 · Court of Appeals for the Eleventh Circuit · Aug 9, 2006

conspiracy to transmit national defense information to Cuba, violations of the Foreign Services Registration Act, and conspiracy to commit murder; improper denial of a motion to dismiss Count 3 based on Foreign Sovereign Immunities … 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

United States v. Ralph Alpizar

Court of Appeals for the Eleventh Circuit · Jul 26, 2018

The burden is on the government to “establish[] by a preponderance of the evidence the facts necessary to support a sentencing enhancement.” United States v. … As regards his second argument, the evidence was sufficient to establish that Alpizar had committed two or more separate instances of sexual abuse of a minor.

Karen Kallen-Zury v. United States

Court of Appeals for the Eleventh Circuit · Jan 12, 2023

Several recruiters, each of whom testified under a grant of immunity, claimed to have discussed with Kallen-Zury how HP would pay them to recruit patients. … We also conclude that the magistrate judge’s thorough factual findings set forth in the report and recommendation, which were adopted by the district court, are not clearly erroneous, especially given

Harris v. Ivax Corporation

182 F.3d 799 · Court of Appeals for the Eleventh Circuit · Jul 27, 1999

First, a list or explanation will only qualify for this treatment if it contains assumptions underlying a forward-looking statement. … Phillip Frost, M.D., IVAX' Chairman and Chief Executive Officer, said "Clearly, we have experienced a very disappointing quarter.

United States v. Calh Holding Corp.

Court of Appeals for the Eleventh Circuit · May 5, 2026

Javat was clearly an “agent of ” his wholesaling company because he was “authorized to act for” the company. Id. … Also, Pennco’s only member was Pennco Trust, which Javat established in 2016.