11th Circuit Case Commentaries

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range

Date: Oct 2, 2025

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range...

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice

Date: Oct 2, 2025

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice Case: United States v. Jorge...

No Unwarranted Disparity Shown by Aggregate Statistics: Eleventh Circuit Affirms Statutory-Maximum Upward Variance and Consecutive Revocation Term for Immediate Recidivism in Child-Pornography Case

Date: Oct 1, 2025

No Unwarranted Disparity Shown by Aggregate Statistics: Eleventh Circuit Affirms Statutory-Maximum Upward Variance and Consecutive Revocation Term for Immediate Recidivism in Child-Pornography Case...

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist

Date: Oct 1, 2025

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist Introduction...

No Bruen Abrogation of § 922(g)(1) in the Eleventh Circuit; Harmlessness via Keene Where District Court Announces Identical Alternative Sentence

Date: Oct 1, 2025

No Bruen Abrogation of § 922(g)(1) in the Eleventh Circuit; Harmlessness via Keene Where District Court Announces Identical Alternative Sentence Commentary on United States v. Roderick Farrier, No....

Strong DNA on Trigger and Grip, Coupled with Access and Furtive Movements, Is Sufficient to Prove Knowing Possession Under § 922(g) Even When the Gun Is in a Passenger’s Purse

Date: Oct 1, 2025

Strong DNA on Trigger and Grip, Coupled with Access and Furtive Movements, Is Sufficient to Prove Knowing Possession Under § 922(g) Even When the Gun Is in a Passenger’s Purse Introduction This...

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th Cir. 2025)

Date: Oct 1, 2025

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof Case: Joseph Belcik...

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni

Date: Oct 1, 2025

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni Introduction In United States v. Babatunde...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified Mailing

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified...

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense (United States v. Foley)

Date: Sep 30, 2025

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense Introduction In United States v....

EEZs Count as “High Seas,” MDLEA’s Stateless-Vessel Rule Stands, and No U.S. Nexus Is Required: Eleventh Circuit Reaffirms in United States v. Juan De Leon Berroa

Date: Sep 30, 2025

EEZs Count as “High Seas,” MDLEA’s Stateless-Vessel Rule Stands, and No U.S. Nexus Is Required: Eleventh Circuit Reaffirms in United States v. Juan De Leon Berroa Introduction In United States v....

Nebraska Failure‑to‑Warn Law Clarified: Learned Intermediary Extends to Proximate Cause and Supports Merging Negligence and Strict Liability Claims

Date: Sep 30, 2025

Nebraska Failure‑to‑Warn Law Clarified: Learned Intermediary Extends to Proximate Cause and Supports Merging Negligence and Strict Liability Claims Introduction In Jeffrey Thelen v. Somatics, LLC,...

Post‑Abitron, Narrowing an Injunction Does Not Strip Prevailing‑Party Status or Preclude Exceptional‑Case Fees Under § 1117(a)

Date: Sep 30, 2025

Post‑Abitron, Narrowing an Injunction Does Not Strip Prevailing‑Party Status or Preclude Exceptional‑Case Fees Under § 1117(a) Introduction In this unpublished per curiam decision, the Eleventh...

Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action

Date: Sep 27, 2025

Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action Introduction In Bodie-Jernigan v. School Board of...

Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts

Date: Sep 27, 2025

Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts Introduction In United States v. Jacob Elijah Groover, No. 24-13068 (11th Cir. Sept....

Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or “Exceptional Circumstances” Without Clear, Prejudicial Proof

Date: Sep 27, 2025

Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or...

Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle — United States v. Meyers (11th Cir. 2025)

Date: Sep 27, 2025

Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle Case: United States v. Leslie Meyers, No. 24-12915 (11th Cir. Sept. 26,...

No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term

Date: Sep 27, 2025

No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term Introduction...

Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness — Commentary on Canyon Moye v. Pouparinas (11th Cir. 2025)

Date: Sep 27, 2025

Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness Case: Canyon Duff Moye v. Manuel Pouparinas Court: U.S....

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