11th Circuit Case Commentaries

Harmless Dupree Career-Offender Error: Keene Alternative-Sentence Affirmance While Reaffirming MDLEA Jurisdiction in Foreign EEZs

Date: Sep 2, 2026

Harmless Dupree Career-Offender Error: Keene Alternative-Sentence Affirmance While Reaffirming MDLEA Jurisdiction in Foreign EEZs Introduction United States v. Luis Alfonso Nunez (consolidated with...

MDLEA Jurisdiction in a Foreign EEZ and “Statelessness-by-Nonconfirmation,” Plus Harmless Career-Offender Error Under Keene

Date: Sep 2, 2026

MDLEA Jurisdiction in a Foreign EEZ and “Statelessness-by-Nonconfirmation,” Plus Harmless Career-Offender Error Under Keene Case: United States v. Mario Tovar (consolidated appeals with Luis Alfonso...

Non-Retroactive Sentencing Changes Cannot Supply “Extraordinary and Compelling Reasons” for Compassionate Release

Date: Sep 2, 2026

Non-Retroactive Sentencing Changes Cannot Supply “Extraordinary and Compelling Reasons” for Compassionate Release Introduction United States v. Patrick Fitzgerald Porter (11th Cir. Aug. 28, 2026) is...

Danger-to-the-Community Finding Alone Defeats Compassionate Release Under § 3582(c)(1)(A)

Date: Sep 2, 2026

Danger-to-the-Community Finding Alone Defeats Compassionate Release Under § 3582(c)(1)(A) Introduction In United States v. Wilbert McKreith (11th Cir. Aug. 28, 2026) (per curiam) (unpublished), the...

FTCA Misdiagnosis Claims in Georgia Require Plaintiff Expert Testimony; Misdiagnosis Is Professional (Not Ordinary) Negligence

Date: Aug 29, 2026

FTCA Misdiagnosis Claims in Georgia Require Plaintiff Expert Testimony; Misdiagnosis Is Professional (Not Ordinary) Negligence Introduction In LaQuetta Gordon v. United States (11th Cir. Aug. 27,...

Eleventh Circuit: Younger Abstention Requires Dismissal Without Prejudice When Federal Relief Would Interfere with Ongoing State Contempt Enforcement

Date: Aug 29, 2026

Eleventh Circuit: Younger Abstention Requires Dismissal Without Prejudice When Federal Relief Would Interfere with Ongoing State Contempt Enforcement Case: Brian C. Chubboy v. Nona C. Chubboy, et al....

Commingled Special-Needs Trust Funds Trigger Automatic Stay as Estate-Property Claims

Date: Aug 29, 2026

Commingled Special-Needs Trust Funds Trigger Automatic Stay as Estate-Property Claims: Beneficiaries’ Non-Debtor Class Actions Must Yield to Bankruptcy Administration 1. Introduction In Clark...

ERISA LTD Termination Upheld Where Multiple Medical Reviews and Vocational Evidence Provide a Reasonable Basis; SSA Disability and Minor Record Errors Are Not Dispositive

Date: Aug 29, 2026

ERISA LTD Termination Upheld Where Multiple Medical Reviews and Vocational Evidence Provide a Reasonable Basis; SSA Disability and Minor Record Errors Are Not Dispositive 1. Introduction In Marcy...

Rule 72(a) Waiver Bars Appellate Review of Unobjected-to Magistrate Discovery Orders, and Post-Judgment Filings Cannot Defeat Summary Judgment (11th Cir.)

Date: Aug 29, 2026

Rule 72(a) Waiver Bars Appellate Review of Unobjected-to Magistrate Discovery Orders, and Post-Judgment Filings Cannot Defeat Summary Judgment (11th Cir.) I. Introduction In Michael Eugene Grimage v....

Arguable Probable Cause for Obstruction When a Suspect Lies About Carrying Identification During a Lawful Terry Stop (and No First Amendment Right to Refuse Identity Disclosure)

Date: Aug 29, 2026

Arguable Probable Cause for Obstruction When a Suspect Lies About Carrying Identification During a Lawful Terry Stop (and No First Amendment Right to Refuse Identity Disclosure) Case: Robert E....

Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum

Date: Aug 29, 2026

Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum 1. Introduction In United States v. Francisco Alvarez-Tello (11th Cir. Aug. 27, 2026)...

Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls

Date: Aug 29, 2026

Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls Case: United States v. Kenny...

Plain-View Seizure of an Unsecured Vehicle Firearm as “Immediately Apparent” Contraband Under Fla. Stat. § 790.25(4)(a)

Date: Aug 29, 2026

Plain-View Seizure of an Unsecured Vehicle Firearm as “Immediately Apparent” Contraband Under Fla. Stat. § 790.25(4)(a) 1. Introduction In United States v. Marquis Player (11th Cir. Aug. 27, 2026)...

Harmlessness of “Knowledge” Mens Rea Instructions, Limits on Mental-Health Context, and Lay Testimony on Call Routing in § 875(c) True-Threat Prosecutions

Date: Aug 28, 2026

Harmlessness of “Knowledge” Mens Rea Instructions, Limits on Mental-Health Context, and Lay Testimony on Call Routing in § 875(c) True-Threat Prosecutions Introduction In United States v. Richard...

Charging-Lien Enforcement Orders Are Not Immediately Appealable Under the Collateral-Order Doctrine

Date: Aug 28, 2026

Charging-Lien Enforcement Orders Are Not Immediately Appealable Under the Collateral-Order Doctrine I. Introduction In All Does (1-144) v. Conrad & Scherer, LLP (11th Cir. Aug. 26, 2026), the...

Qualified Immunity at the Pleading Stage: City Commissioners Can Face First Amendment Whistleblower-Retaliation Claims; City Manager Shielded for Paid Suspension Pending Termination

Date: Aug 28, 2026

Qualified Immunity at the Pleading Stage: City Commissioners Can Face First Amendment Whistleblower-Retaliation Claims; City Manager Shielded for Paid Suspension Pending Termination 1. Introduction...

Full-Recourse Guaranty Triggered by the Mere Filing of a Bankruptcy Petition—Authorization Not Required (Georgia Law)

Date: Aug 28, 2026

Full-Recourse Guaranty Triggered by the Mere Filing of a Bankruptcy Petition—Authorization Not Required (Georgia Law) Case: Access Point Financial, LLC v. Charles Everhardt (No. 26-11169) (11th Cir....

Non-Merits Shotgun-Pleading Dismissals Need Not Precede with Subject-Matter Jurisdiction Analysis; Rule 72(a) Waiver Bars Appeal of Nondispositive Magistrate Orders

Date: Aug 28, 2026

Non-Merits Shotgun-Pleading Dismissals Need Not Precede with Subject-Matter Jurisdiction Analysis; Rule 72(a) Waiver Bars Appeal of Nondispositive Magistrate Orders 1. Introduction In Civica Simpson...

Policy Violations and Delayed Care Do Not Establish Eighth Amendment Liability Without Subjective Awareness of a Strong Likelihood of Serious Harm and a Causal Link

Date: Aug 28, 2026

Policy Violations and Delayed Care Do Not Establish Eighth Amendment Liability Without Subjective Awareness of a Strong Likelihood of Serious Harm and a Causal Link Introduction In Harold Dombrowski...

Eleventh Circuit: § 3553(a) Factors Alone Can Defeat Compassionate Release; Minimal Explanation Suffices and No Deference Owed to Original Sentencer

Date: Aug 28, 2026

Eleventh Circuit: § 3553(a) Factors Alone Can Defeat Compassionate Release; Minimal Explanation Suffices and No Deference Owed to Original Sentencer 1. Introduction In United States v. Julio...