Case law

Mohammed S. Shaikh v. U.S. Attorney General

688 F. App'x 804 · Court of Appeals for the Eleventh Circuit · May 23, 2017

As to cancellation of removal, the BIA concluded that the IJ had not clearly erred in his findings of fact, including the finding that the record indicated that the I-140 visa petition was automatically revoked as of the … In any event, to establish a due process violation, an alien in removal proceedings must show, inter alia, the deprivation of a liberty interest. Lapaix v. U.S. Att’y Gen., 605 F.3d 1138, 1143 (11th Cir. 2010).

United States v. Mark Antonio Sanders

162 F. App'x 861 · Court of Appeals for the Eleventh Circuit · Jan 9, 2006

Insofar as the district court’s enhancement of Sanders’ offense level under § 4B1.4 merely involved determinations that he had prior qualifying convictions, the enhancement did not implicate the Apprendi/Blakely/Booker … line of cases, as those cases clearly exempt prior convictions from the types of facts that must be admitted by the defendant or proved to a jury beyond a reasonable doubt in order to support a sentence enhancement.

The Hurry Family Revocable Trust v. Christopher Frankel

Court of Appeals for the Eleventh Circuit · May 6, 2026

disclosures, Alpine listed certain categories of damages that it intended to seek at trial—including unjust enrichment—but it did not provide a computation of damages or explain how it planned to establish … Alpine challenges that conclusion on appeal, arguing that the district court clearly erred in finding that its trade blotter did not qualify as a trade secret.

Cherelle Fletcher v. City Of Madison

Court of Appeals for the Eleventh Circuit · Apr 8, 2025

And the district court faulted Cherelle for “devot[ing] a chunk of the[] Second Amended Complaint to what appears to be commentary on the qualified immunity doctrine and altercations between citizens … “To establish appellate standing, a litigant must prove that it has (1) ‘suffered a concrete and particularized injury’ (2) ‘that is fairly trace- able to the challenged conduct,’ (3) and that ‘is likely to

Willie Jasper Darden v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida

725 F.2d 1526 · Court of Appeals for the Eleventh Circuit · Jun 4, 1984

Petitioner argues that two of these dismissals were errors of constitutional magnitude under the standard established by the Supreme Court in Witherspoon v. … He was clearly shown to be a person who could not vote in favor of capital punishment without violating his principles.

Plumbers & Pipefitters Local Union 630 Welfare Fund v. Glaxosmithkline LLC

Court of Appeals for the Eleventh Circuit · Nov 7, 2022

IQ Formulations, LLC, 942 F.3d 1076, 1084 (11th Cir. 2019) (“Cer- tainly, an economic injury qualifies as a concrete injury.”). We turn, then, to traceability. … The district court seemed to acknowledge this problem in its order but did not clearly rule on the question.

United States v. James E. Maxwell, Jr.

141 F. App'x 878 · Court of Appeals for the Eleventh Circuit · Jul 27, 2005

We accept the district court’s findings of fact to be true, unless it is shown to be clearly erroneous, and review the district court’s application of the law to those facts de novo. Id. … As an initial matter, we have held that possession with intent to distribute drugs qualifies as a “drug trafficking crime” for purposes of § 924(c). See United States v. Rivera, 889 F.2d 1029, 1030 (11th Cir. 1989).

Estate of Dr. John Ellis, Jr. v. American Advisors Group, Inc.

Court of Appeals for the Eleventh Circuit · Jan 6, 2023

Setting aside whether she was qualified to give this opinion, Ms. O’Bryant’s statements do not support “a knowing and intentional publication of untrue and derogatory information.” See id. … They establish that American Advisors Group’s publication of any untrue information was not “knowing and intentional” but merely mistaken—the result of interdepartmental miscommunica- tion caused by

Yelena Pavlova v. U.S. Attorney General

242 F. App'x 656 · Court of Appeals for the Eleventh Circuit · Jul 30, 2007

Eventually, Kaplan filed a pre-trial brief on Pavlova’s behalf, arguing that she had experienced past persecution and was qualified for asylum as the victim of “gender-related violence” and domestic abuse. … Although voluntary departure is clearly less favorable than asylum, its benefits are still superior to removal, and there was never any guarantee that Pavlova would have prevailed on her application.

Daisy Miller v. United States

Court of Appeals for the Eleventh Circuit · Jul 10, 2023

Several recruiters, each of whom testified under a grant of immunity, claimed to have discussed with Miller how HP would pay them to recruit patients and how HP would admit the re- cruited patients … After a review of the record, we conclude that the magistrate judge’s factual findings about the potential witnesses are not clearly erroneous, especially given the substantial deference we afford

United States v. Alfonzo Churchwell

Court of Appeals for the Eleventh Circuit · Nov 20, 2023

“To establish a [racketeering-]conspiracy violation under 18 U.S.C. … Thompson failed to establish error, let alone plain error, be- cause he failed to establish that his silence occurred in a custodial setting.

Helen R. Bester v. Michael O. Leavitt

226 F. App'x 872 · Court of Appeals for the Eleventh Circuit · Feb 13, 2007

Similarly, in 1998, Bester was not selected for the “Team Biologics Specialist” position, and she alleges that her supervisor gave her a negative reference based on race, although she admitted that she was not qualified … The trial judge, however, clearly advised the jury that courts have used both terms interchangeably.

United States v. Desmond Alexander

713 F. App'x 919 · Court of Appeals for the Eleventh Circuit · Nov 14, 2017

Indeed, defense counsel clearly “understood the court to be eliciting objections,” including legal ones. United States v. Campbell, 473 F.3d 1345, 1348 (11th Cir. 2007). … Reasoning that the express selection of five statutes reflects an intent to exclude others, we held that a conviction under 46 U.S.C. § 70503 does not qualify for the safety valve because “no Title 46 offense appears in

United States v. Juan Rene Caro

454 F. App'x 817 · Court of Appeals for the Eleventh Circuit · Jan 10, 2012

Donadio cooperated in the investigation and obtained immunity for his statements and was not charged in the conspiracy. 8. … He’s opining about legal issues on agency and things that he’s just simply not qualified to opine on. He’s qualified to opine about IRS matters because he worked there for 34 years.

United States v. Jasmin Marrero

Court of Appeals for the Eleventh Circuit · Aug 9, 2023

The district court continued that “it sure undermines the process when you can just tell so many lies that eventually you become immune to any prosecution or supervised release violation for lying. … The district court explained that, at Robinson’s revocation hearing, it was dealing with the government’s reluctance to present evidence of “a clearly toxic domestic relationship, in which there [was

United States v. Alexandre Ovadia

Court of Appeals for the Eleventh Circuit · Nov 7, 2025

Had he -- even if he qualified for the four-level enhancement, I was prepared to sentence him higher than the 30 months. … The district court’s factual findings at sentencing, however, are reviewed under the clearly erroneous standard. United States v.

Michael William Kenny v. Critical Intervention Services, Inc.

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

Indeed, Kenny’s counsel argued that he was uniquely qualified to handle the non-compete litigation and could not be re- placed if the state court disqualified him. … In any event, he falls far short of establishing by “clear and convincing evidence” any misconduct by CIS or the Trustee.

United States v. Wayne Burcks

Court of Appeals for the Eleventh Circuit · Jan 31, 2022

Once eligibility is established, we re- view the denial of a defendant’s § 3582(c) motion under the abuse of discretion standard. See id. … As discussed above, the district court agreed with De- fendant’s argument, raised at sentencing, that Hobbs Act robbery did not qualify as a crime of violence, and thus sustained Defend- ant’s objection to his career offender

United States v. Russel Lee Orr

Court of Appeals for the Eleventh Circuit · Jul 1, 2020

The report established the advisory guideline range as 188 months to 235 months of imprisonment. Mr. … In Spring, for example, the Court explicitly rejected the contention that mere silence by an officer as to the subject matter of an interrogation even qualified as trickery. See 479 U.S. at 576.

William Hower Melendez v. State of Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · Apr 15, 2022

The dis- trict court found there was no evidence establishing that Melen- dez should currently be placed in CM status. … We are mindful that, in this Circuit, a preliminary injunc- tion is an extraordinary remedy not to be granted unless the mo- vant clearly establishes the burden of persuasion for each of the four elements. Siegel v.