Sentencing Upheld Where Court Disclaims Reliance on Acquitted Death-Resulting Conduct and Cooperator Co-Defendant Is Not a § 3553(a)(6) Comparator Case: United States v. Corey Gaddy (11th Cir. June...
Eleventh Circuit Clarifies Rule 12(b)(6) Pleading Sufficiency for Fordice Higher-Education Desegregation Claims Case: Britney Denton v. Board of Governors for the State University System Court:...
Compassionate Release in the Eleventh Circuit: Denial May Rest Solely on § 3553(a) Without Reaching “Extraordinary and Compelling Reasons” I. Introduction United States v. Jean Henry (11th Cir. June...
Prospective-Relief Challenges to an Uninvalidated Conviction Are Barred by Article III Standing Limits and Heck, Making Amendment Futile Under § 1915(e)(2)(B) 1. Introduction In Michael Townes v....
PPP Fraud Sentencing: Loss “Detection” Occurs When the Lending Bank Flags/Feezes Accounts; Co‑Conspirator PPP Loans and SBA Fees Are Attributable for Loss and Restitution 1. Introduction In United...
§ 3582(c)(2) After Amendment 821: District Courts May Deny a Zero-Point-Offender Reduction Based on § 3553(a) and Consider “Obstructive” Offense Conduct Even Without a § 3C1.1 Enhancement 1....
Federal-Question Jurisdiction May Be Dismissed Under Rule 12(b)(1) When Claims Are “Wholly Insubstantial and Frivolous” 1. Introduction In Ahmed Shaikh v. Fox News Network, LLC, the Eleventh Circuit...
FBAR Penalties Are Subject to the Excessive Fines Clause—Remand Required to Build a Proportionality Record Under United States v. Schwarzbaum Contents Introduction Summary of the Opinion Analysis...
Post-Rahimi Binding Precedent: § 922(g)(1) Remains Constitutional (Including As-Applied to Nonviolent Felons) and Upward Variances May Rest on Recidivism Despite Guideline Enhancements 1....
Futility as a Basis to Dismiss a Pro Se § 1983 Shotgun Pleading Without Leave to Amend I. Introduction In Izik Aliya v. State of Florida (11th Cir. 2026-06-04) (unpublished), the Eleventh Circuit...
Filing (Not Mailing) Controls Rule 59(e)’s 28-Day Deadline, and Estoppel Is Not “Newly Discovered Evidence” Under Rule 60(b)(2) Case: Abdur-Rahim Dib Dudar v. State Farm Fire & Casualty Insurance...
Ineffective Appellate Counsel and Unpreserved Corpus Delicti Claims: No Deficiency Absent Florida “Fundamental Error” 1. Introduction In Lavon Shinn v. Secretary, Department of Corrections (11th Cir....
Broad Settlement Release and Covenant Not to Sue Bar Later FHA/§ 1983 Claims; Florida School-Choice Statute Creates No Federal Property Interest 1. Introduction In Blake Warner v. School Board of...
Termination Rights Are Bankruptcy Estate Property: § 203 Copyright Termination Interests Pass Into Chapter 7 Under § 541 and Remain with the Estate if Unscheduled I. Introduction Lil' Joe Records,...
Nonretroactive Guideline Amendments Cannot Supply the “Change in the Law” Needed for Compassionate Release Under U.S.S.G. § 1B1.13(b)(6) 1. Introduction United States v. Terrence Smith (11th Cir....
Rule 4(a)(6) Is the Exclusive Path to Reopen an Appeal: Mailbox Neglect, Reliance on Clerk “No Action” Notices, and Rule 60(b) Cannot Create an Equitable Extension 1. Introduction In Michael DeWayne...
USERRA Standing Survives Payroll “Corrections” When Complaint Seeks Reinstatement, Lost Opportunities, and Liquidated Damages Introduction In Michael Baluja v. City of Coral Gables (11th Cir. June 2,...
Antitrust-Training “Illegality” Testimony as Context (Curable by Instruction) and Evidence Threshold for Per Se Sherman Act Conspiracy in Coordinated Bidding/Pricing Introduction In United States v....
Major-Professor Withdrawal Treated as an Academic Judgment: “Careful and Deliberate” Process Satisfies Due Process Without a Disciplinary Hearing I. Introduction Lily Barrett v. Diana Williams (11th...
Attorneys Lack Article III Standing to Sue Under the FDCPA for Derivative, Client-Only Injuries I. Introduction In Gregory Light v. LVNV Funding, LLC, the Eleventh Circuit dismissed an FDCPA/FCCPA...