11th Circuit Case Commentaries

No Limitations Period for Denaturalization; Non‑Shepard Evidence May Establish Statutory‑Period Timing

Date: Nov 7, 2025

No Limitations Period for Denaturalization; Non‑Shepard Evidence May Establish Statutory‑Period Timing Introduction In United States v. Lazaro Prat, the Eleventh Circuit affirmed a district court...

Eleventh Circuit Reaffirms: No § 3582(c)(2) Reduction Below the Amended Guideline Range Absent Substantial Assistance; Non‑Binding Rule 11(c)(1)(B) Recommendations Do Not Control Retroactive Guideline Calculations

Date: Nov 7, 2025

Eleventh Circuit Reaffirms: No § 3582(c)(2) Reduction Below the Amended Guideline Range Absent Substantial Assistance; Non‑Binding Rule 11(c)(1)(B) Recommendations Do Not Control Retroactive...

Sham Latent‑Print Verification as Fabrication: Eleventh Circuit Denies Qualified Immunity to Forensic Examiner, Rejects a Clearly Established Right to an “Exhaustive” Investigation

Date: Nov 7, 2025

Sham Latent‑Print Verification as Fabrication: Eleventh Circuit Denies Qualified Immunity to Forensic Examiner, Rejects a Clearly Established Right to an “Exhaustive” Investigation Introduction This...

Laches Bars Belated Rule 41(g) Claims to Cryptocurrency Keys on Destroyed Devices: United States v. Prime (11th Cir. 2025)

Date: Nov 7, 2025

Laches Bars Belated Rule 41(g) Claims to Cryptocurrency Keys on Destroyed Devices: United States v. Prime (11th Cir. 2025) Introduction In United States v. Prime, the Eleventh Circuit confronted a...

Reviving Terrace and Rational-Basis Review for Alienage-Based Real-Property Rules: Eleventh Circuit Narrows Challenges to Florida’s SB 264 in Shen v. Commissioner

Date: Nov 7, 2025

Reviving Terrace and Rational-Basis Review for Alienage-Based Real-Property Rules: Eleventh Circuit Narrows Challenges to Florida’s SB 264 Introduction In Shen v. Commissioner, Florida Department of...

Incarceration Does Not Preclude a §3B1.1 Leadership Enhancement; Guidelines Counsel Consecutive Sentences for In‑Custody Offenses

Date: Nov 5, 2025

Incarceration Does Not Preclude a §3B1.1 Leadership Enhancement; Guidelines Counsel Consecutive Sentences for In‑Custody Offenses Case: United States v. Antoine D. Wilson Court: U.S. Court of Appeals...

Eleventh Circuit: Mental Illness Does Not Preclude an Upward Variance for Deterrence and Public Protection; Mere Reference to Pending State Charges Is Not Procedural Error When Disclaimed

Date: Nov 2, 2025

Eleventh Circuit: Mental Illness Does Not Preclude an Upward Variance for Deterrence and Public Protection; Mere Reference to Pending State Charges Is Not Procedural Error When Disclaimed Case:...

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew

Date: Nov 1, 2025

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew Introduction In Ibhar Al Mheid v. Katy Minchew et al., No. 24-11930 (11th...

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025)

Date: Nov 1, 2025

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025) Court:...

Eleventh Circuit Clarifies: Misadvice on Supervised-Release Maximum at Revocation Is Not Plain Error Absent Prejudice; District Courts May Weigh Context of Dismissed Violations When Varying Upward

Date: Nov 1, 2025

Misadvice at Supervised-Release Revocation Is Not Plain Error Without Prejudice; Broad Sentencing Latitude Under § 3583(e) Confirmed Case: United States v. Clonet Junior Charmant, No. 25-10202 (11th...

Recharacterization Without Notice Violates Due Process; Murder Cross‑Reference Does Not Defeat First Step Act Eligibility

Date: Nov 1, 2025

Recharacterization Without Notice Violates Due Process; Murder Cross‑Reference Does Not Defeat First Step Act Eligibility Introduction This commentary analyzes the Eleventh Circuit’s unpublished, per...

Erlinger Claims Are Waivable: Eleventh Circuit Enforces Appeal Waiver and Upholds Georgia Marijuana PWID as an ACCA “Serious Drug Offense”

Date: Nov 1, 2025

Erlinger Claims Are Waivable: Eleventh Circuit Enforces Appeal Waiver and Upholds Georgia Marijuana PWID as an ACCA “Serious Drug Offense” Introduction In United States v. Orlando Paradise (No....

Eleventh Circuit (post–Loper Bright) holds Florida “culpable negligence” child‑neglect convictions categorically qualify as a deportable “crime of child neglect” under INA § 1227(a)(2)(E)(i); Chevron‑era Pierre still exerts precedential force

Date: Nov 1, 2025

Post–Loper Bright framework: Florida “culpable negligence” child‑neglect is a categorical “crime of child neglect” under INA § 1227(a)(2)(E)(i), and Chevron‑era Pierre remains operative (for now)...

Reese v. SSA: Post-Dated Mental-Health Reports Are Not Chronologically Relevant Without Pre-Decision Corroboration; De Novo Review Permits Courts to Reach Materiality Not Addressed by the Appeals Council

Date: Nov 1, 2025

Reese v. SSA: Post-Dated Mental-Health Reports Are Not Chronologically Relevant Without Pre-Decision Corroboration; De Novo Review Permits Courts to Reach Materiality Not Addressed by the Appeals...

No Backdoor via Rule 60(b)(4): Eleventh Circuit Reaffirms Law‑of‑the‑Case Limits and Imposes Rule 38 Sanctions in Foley v. Orange County

Date: Nov 1, 2025

No Backdoor via Rule 60(b)(4): Eleventh Circuit Reaffirms Law‑of‑the‑Case Limits and Imposes Rule 38 Sanctions in Foley v. Orange County Introduction In this unpublished, per curiam opinion, the U.S....

From FCHR “No Cause” to Federal Preclusion: Eleventh Circuit Bars § 1981 Claims and Reaffirms Strict Title VII Timeliness and Plausibility Requirements

Date: Nov 1, 2025

From FCHR “No Cause” to Federal Preclusion: Eleventh Circuit Bars § 1981 Claims and Reaffirms Strict Title VII Timeliness and Plausibility Requirements Introduction In Elias Makere v. Allstate...

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court” under Rule 60(d)(3)

Date: Nov 1, 2025

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court”...

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases

Date: Nov 1, 2025

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases Introduction This non-argument,...

Eleventh Circuit Clarifies Limits on Ancillary Enforcement: No Rule 69/Section 56.29 Constructive-Trust Proceedings Against Non‑Judgment Debtors

Date: Nov 1, 2025

Eleventh Circuit Clarifies Limits on Ancillary Enforcement: No Rule 69/Section 56.29 Constructive-Trust Proceedings Against Non‑Judgment Debtors Introduction This appeal arises at the intersection of...

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: A Commentary on Goolsby v. City of Monroe (11th Cir.)

Date: Oct 30, 2025

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: Eleventh Circuit in Goolsby v. City of Monroe Introduction In Alicia Goolsby v. City of Monroe, the Eleventh...

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