11th Circuit Case Commentaries

United States v. Davis: Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Matters for Allegedly Coaching Instructions

Date: Sep 20, 2026

Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Controls Whether Officers “Coached” an Identification Case: United States v. Leonon Ricky Davis (11th Cir. Sept....

Willful Discovery Noncompliance Warrants Dismissal with Prejudice Under Rules 41(b) and 37—Even for Pro Se Litigants After Clear Warnings

Date: Sep 20, 2026

Willful Discovery Noncompliance Warrants Dismissal with Prejudice Under Rules 41(b) and 37—Even for Pro Se Litigants After Clear Warnings 1. Introduction In Paula Willis v. Lockheed Martin...

U.S.S.G. § 2K2.1(b)(4)(B)(i) After the 2024 Amendment: A Scratched-but-Legible Serial Number Does Not Trigger the Enhancement

Date: Sep 20, 2026

U.S.S.G. § 2K2.1(b)(4)(B)(i) After the 2024 Amendment: A Scratched-but-Legible Serial Number Does Not Trigger the Enhancement I. Introduction United States v. Eddie Flournah, Jr. (11th Cir. Sept. 18,...

Under Amended U.S.S.G. § 2K2.1(b)(4)(B)(i), a Scratched-but-Legible Serial Number Does Not Trigger the Enhancement; Government Must Prove Illegibility to the Unaided Eye

Date: Sep 20, 2026

Under Amended U.S.S.G. § 2K2.1(b)(4)(B)(i), a Scratched-but-Legible Serial Number Does Not Trigger the Enhancement; Government Must Prove Illegibility to the Unaided Eye Introduction In United States...

CyberTip-Based Warrants and the Leon Good-Faith Exception: NCMEC Reliability as “Indicia of Probable Cause”

Date: Sep 19, 2026

CyberTip-Based Warrants and the Leon Good-Faith Exception: NCMEC Reliability as “Indicia of Probable Cause” Case: United States v. Kevan Carter Gibbs, II (11th Cir. Sept. 17, 2026) 1. Introduction In...

Revocation Sentences May Run Consecutively to Related State Time Without Full “Credit” — Eleventh Circuit Affirms Within-Discretion Deterrence Focus

Date: Sep 19, 2026

Revocation Sentences May Run Consecutively to Related State Time Without Full “Credit” — Eleventh Circuit Affirms Within-Discretion Deterrence Focus 1. Introduction In United States v. Robert Lee...

Prison Mailbox Rule Bars Rule 41(b) Dismissal for “Failure to File” When an Amended Complaint Was Signed and Delivered for Mailing Before the Dismissal Order

Date: Sep 19, 2026

Prison Mailbox Rule Bars Rule 41(b) Dismissal for “Failure to File” When an Amended Complaint Was Signed and Delivered for Mailing Before the Dismissal Order 1. Introduction In Shaun Stewart v. Ried...

Harmless-Error Affirmance of Disputed Guideline Adjustments When the District Court Announces an Identical Alternative Sentence

Date: Sep 19, 2026

Harmless-Error Affirmance of Disputed Guideline Adjustments When the District Court Announces an Identical Alternative Sentence Case: United States v. George Willie Hughley (11th Cir. Sept. 17, 2026)...

Pleading “Protected Activity” and Severe-or-Pervasive Harassment Under Title VII: Civility Complaints, Magistrate Authority Without Consent, and Rule 11’s Court-Filing Limitation

Date: Sep 19, 2026

Pleading “Protected Activity” and Severe-or-Pervasive Harassment Under Title VII: Civility Complaints, Magistrate Authority Without Consent, and Rule 11’s Court-Filing Limitation 1. Introduction In...

Discretion to Set the Extent of Compassionate-Release Reductions After § 924(c) Anti-Stacking Changes, Guided by § 3553(a) and U.S.S.G. § 1B1.13(b)(6)

Date: Sep 19, 2026

Discretion to Set the Extent of Compassionate-Release Reductions After § 924(c) Anti-Stacking Changes, Guided by § 3553(a) and U.S.S.G. § 1B1.13(b)(6) Case: United States v. Demetrius Renaldo Bowers...

Paid Suspension Plus No-Contact Restrictions Can Be a Title VII “Adverse Employment Action” Under Muldrow

Date: Sep 18, 2026

Paid Suspension Plus No-Contact Restrictions Can Be a Title VII “Adverse Employment Action” Under Muldrow Case: Telma Hall v. Alabama State University (11th Cir. Sept. 16, 2026) (Not for Publication)...

United States v. Guerrero-Alba: No Plain-Error Reversal for a Brief § 3553(c) Explanation Where the Record Makes the Variance Rationale Clear; Sentencing-Disparity Claims Require a Specific “Apples-to-Apples” Comparator

Date: Sep 18, 2026

United States v. Guerrero-Alba: No Plain-Error Reversal for a Brief § 3553(c) Explanation Where the Record Makes the Variance Rationale Clear; Sentencing-Disparity Claims Require a Specific...

Pro Se Summary-Judgment Safeguards in EEOC Right-to-Sue Timeliness Disputes: Courts Must Draw Reasonable Inferences and Give Clear Notice of Competent Evidence Requirements

Date: Sep 18, 2026

Pro Se Summary-Judgment Safeguards in EEOC Right-to-Sue Timeliness Disputes: Courts Must Draw Reasonable Inferences and Give Clear Notice of Competent Evidence Requirements 1. Introduction In David...

MDLEA Stateless-Vessel Jurisdiction: A “Request” for Nationality Need Not Use Magic Words, and U.S. Coast Guard Operations May Be Conducted from a Partner Nation’s Ship

Date: Sep 18, 2026

MDLEA Stateless-Vessel Jurisdiction: A “Request” for Nationality Need Not Use Magic Words, and U.S. Coast Guard Operations May Be Conducted from a Partner Nation’s Ship 1. Introduction This...

Eleventh Circuit Recognizes Claim-by-Claim Supplemental Jurisdiction After Federal Claims Are Dismissed

Date: Sep 18, 2026

Eleventh Circuit Recognizes Claim-by-Claim Supplemental Jurisdiction After Federal Claims Are Dismissed I. Introduction In T. Mueller v. Walmart Corporation (11th Cir. Sept. 16, 2026), plaintiff Todd...

Rule 60(b)(6) Relief Requires True Attorney Abandonment and Client Diligence; Strategic Non-Opposition to Summary Judgment Is Not “Extraordinary”

Date: Sep 18, 2026

Rule 60(b)(6) Relief Requires True Attorney Abandonment and Client Diligence; Strategic Non-Opposition to Summary Judgment Is Not “Extraordinary” I. Introduction In Shannon Olson v. Takeda...

One Chance to Replead: With-Prejudice Dismissal of Pro Se “Shotgun” Pleadings That Fail to Tie Counts to Defendants

Date: Sep 17, 2026

One Chance to Replead: With-Prejudice Dismissal of Pro Se “Shotgun” Pleadings That Fail to Tie Counts to Defendants Introduction In St. Claire Dreka v. Florida Department of Children and Families...

MDLEA Jurisdiction: No “Magic Words” Needed for a Nationality Request; Use of a Foreign Vessel Does Not Defeat U.S. Jurisdiction

Date: Sep 17, 2026

MDLEA Jurisdiction: No “Magic Words” Needed for a Nationality Request; Use of a Foreign Vessel Does Not Defeat U.S. Jurisdiction I. Introduction This consolidated Eleventh Circuit decision concerns...

MDLEA “Request” for Nationality Requires No Magic Words; Joint/Foreign-Platform Interdictions Do Not Defeat Jurisdiction

Date: Sep 17, 2026

MDLEA “Request” for Nationality Requires No Magic Words; Joint/Foreign-Platform Interdictions Do Not Defeat Jurisdiction Case: United States v. Manuel Melo (consolidated with codefendants Yesid...

MDLEA in a Foreign EEZ Treated as “High Seas”; Rule 5 Delay Remedies Limited to Suppression (Not Dismissal)

Date: Sep 17, 2026

MDLEA in a Foreign EEZ Treated as “High Seas”; Rule 5 Delay Remedies Limited to Suppression (Not Dismissal) Case: United States v. Silverio Henriquez (with codefendant Victor Manuel Pena-Abreu)...