11th Circuit Case Commentaries

Abuse of Discretion in EAJA Attorney's Fees: 40% Reduction Arbitrary, Vacated and Remanded

Date: Jan 23, 2025

Abuse of Discretion in EAJA Attorney's Fees: 40% Reduction Arbitrary, Vacated and Remanded Introduction In the consolidated appeals of Amanda Smith and Eric Ackerman against the Commissioner of...

Eleventh Circuit Reaffirms Discretion in Sentencing Reductions under Amendment 821

Date: Jan 23, 2025

Eleventh Circuit Reaffirms Discretion in Sentencing Reductions under Amendment 821 Introduction In the case of United States of America v. Danny Nunez Marmol, the United States Court of Appeals for...

Enforceability of Appeal Waivers in Plea Agreements: Insights from U.S.A. v. Hall

Date: Jan 23, 2025

Enforceability of Appeal Waivers in Plea Agreements: Insights from U.S.A. v. Hall Introduction United States of America v. Charles Green Hall (24-12885) is a pivotal case decided by the United States...

No Retroactive Conversion of Contract Termination Grounds: Eleventh Circuit Clarifies Contract-For-Cause vs. For-Convenience Rights

Date: Jan 23, 2025

No Retroactive Conversion of Contract Termination Grounds: Eleventh Circuit Clarifies Contract-For-Cause vs. For-Convenience Rights Introduction This commentary examines the United States Court of...

Clarifying the Nieves Exception: Objective Comparators and Probable Cause in First Amendment Retaliation Claims

Date: Jan 22, 2025

Clarifying the Nieves Exception: Objective Comparators and Probable Cause in First Amendment Retaliation Claims Introduction Angel E. Gaston v. City of Leesburg, No. 24-10276 (11th Cir. Jan. 21,...

United States v. Mackroy: Clarifying Plain-Error Review and Sentencing Discretion in Bank Robbery Appeals

Date: Jan 22, 2025

United States v. Mackroy: Clarifying Plain-Error Review and Sentencing Discretion in Bank Robbery Appeals Introduction In United States v. Latavis Deyonta Mackroy, 23-10404 (11th Cir. Jan. 21, 2025),...

Guardado v. United States: Upholding Conviction Based on Sufficient Circumstantial Evidence

Date: Jan 19, 2025

Guardado v. United States: Upholding Conviction Based on Sufficient Circumstantial Evidence Introduction In the case of United States of America v. Melissa Vasquez Guardado, the United States Court...

Denying Asylum: Exhaustion of Administrative Remedies and Standards for Persecution in Immigration Law

Date: Jan 19, 2025

Denying Asylum: Exhaustion of Administrative Remedies and Standards for Persecution in Immigration Law Introduction The case of Joao Batista Dos Santos et al. v. U.S. Attorney General represents a...

Enforcement of Sentence-Appeal Waivers in Federal Plea Agreements: Analysis of United States v. Ripley

Date: Jan 19, 2025

Enforcement of Sentence-Appeal Waivers in Federal Plea Agreements: Analysis of United States v. Ripley Introduction United States of America v. Robert Lee Ripley is a landmark decision by the United...

Ensuring Valid Sentence-Appeal Waivers and Clear Pronouncement of Supervised Release Conditions

Date: Jan 19, 2025

Ensuring Valid Sentence-Appeal Waivers and Clear Pronouncement of Supervised Release Conditions Introduction In the case of United States of America v. Mandel Lamont Stewart, decided by the United...

Fineta Dumitru v. U.S. Attorney General: Upholding Exhaustion Requirements and Procedural Compliance in Asylum Appeals

Date: Jan 19, 2025

Fineta Dumitru v. U.S. Attorney General: Upholding Exhaustion Requirements and Procedural Compliance in Asylum Appeals Introduction In the case of Fineta Dumitru and Mario Dumitru v. U.S. Attorney...

Affirmation of Fla. Stat. § 768.79 in Diversity Jurisdiction Cases: Grayson v. No Labels, Inc. et al.

Date: Jan 19, 2025

Affirmation of Fla. Stat. § 768.79 in Diversity Jurisdiction Cases: Grayson v. No Labels, Inc. et al. Introduction In the case of Alan Grayson v. No Labels, Inc., Progress Tomorrow, Inc., United...

Reinterpreting Federal Jurisdiction in Private Prisons: Insights from Rivadeneira v. D. Ray James Correctional Facility

Date: Jan 19, 2025

Reinterpreting Federal Jurisdiction in Private Prisons: Insights from Rivadeneira v. D. Ray James Correctional Facility Introduction The case of Felipe Ignacio Rivadeneira v. D. Ray James...

Standard Conditions of Supervised Release: Written Reference Suffices for Due Process

Date: Jan 19, 2025

Standard Conditions of Supervised Release: Written Reference Suffices for Due Process Introduction In the case of United States of America v. Darius Monterro Williams, the United States Court of...

Affirmation of Admissibility of Prior Drug Convictions and Drug Quantity Determination in Sentencing – U.S. v. Bell

Date: Jan 19, 2025

Affirmation of Admissibility of Prior Drug Convictions and Drug Quantity Determination in Sentencing – U.S. v. Bell Introduction The case of United States of America v. Diangilo Antuan Bell presents...

Clarifying Split Sentencing in Rule 11 Plea Agreements: Eleventh Circuit Affirms Imprisonment Plus Supervised Release

Date: Jan 19, 2025

Clarifying Split Sentencing in Rule 11 Plea Agreements: Eleventh Circuit Affirms Imprisonment Plus Supervised Release Introduction In the landmark case of United States of America v. Adam H. Smith,...

Affirming Prosecutorial Discretion in Rule 35(b) Motions: Insights from United States v. Hurtado

Date: Jan 19, 2025

Affirming Prosecutorial Discretion in Rule 35(b) Motions: Insights from United States v. Hurtado Introduction The case of United States of America v. Eulogio Garces Hurtado presents a pivotal...

Eleventh Circuit Affirms Use of State Aggravated Assault Convictions as Crimes of Violence under Sentencing Guidelines

Date: Jan 19, 2025

Eleventh Circuit Affirms Use of State Aggravated Assault Convictions as Crimes of Violence under Sentencing Guidelines Introduction In the case of United States of America v. Omar Malik Miller, the...

Affirmation of Reasonable Suspicion to Extend a Traffic Stop in the Eleventh Circuit

Date: Jan 19, 2025

Affirmation of Reasonable Suspicion to Extend a Traffic Stop in the Eleventh Circuit Introduction The case of United States of America v. Darryl Lee Chandler deals with the legality of extending a...

Guideline Consideration and Sentencing Discretion: 11th Circuit’s Analysis in United States v. Deshawn Martin

Date: Jan 19, 2025

Guideline Consideration and Sentencing Discretion: 11th Circuit’s Analysis in United States v. Deshawn Martin Introduction In the case of United States of America v. Deshawn Martin, decided by the...