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  • Commentaries
  • Judgments

11th Circuit Case Commentaries

Patently Meritless § 1983 “State Action” Allegations Do Not Create Federal-Question Jurisdiction; Jurisdictional Dismissals Must Be Without Prejudice

Patently Meritless § 1983 “State Action” Allegations Do Not Create Federal-Question Jurisdiction; Jurisdictional Dismissals Must Be Without Prejudice

Date: Jan 16, 2026
Patently Meritless § 1983 “State Action” Allegations Do Not Create Federal-Question Jurisdiction; Jurisdictional Dismissals Must Be Without Prejudice Case: Jonathan Harrington v. Calvin Glidewell,...
Strict Local Rule 56.1 Compliance and “Similarly Situated” Comparator Proof in Federal-Sector Title VII/ADEA Suspension Cases

Strict Local Rule 56.1 Compliance and “Similarly Situated” Comparator Proof in Federal-Sector Title VII/ADEA Suspension Cases

Date: Jan 16, 2026
Strict Local Rule 56.1 Compliance and “Similarly Situated” Comparator Proof in Federal-Sector Title VII/ADEA Suspension Cases Introduction In David Jackson v. Secretary, U.S. Department of...
Rule 32.2(b)(4)(B) Treats Omitted Forfeiture in the Judgment as a Correctable Clerical Error (and Government Appeal Exception Can Unlock Post-Remand Review)

Rule 32.2(b)(4)(B) Treats Omitted Forfeiture in the Judgment as a Correctable Clerical Error (and Government Appeal Exception Can Unlock Post-Remand Review)

Date: Jan 16, 2026
Rule 32.2(b)(4)(B) Treats Omitted Forfeiture in the Judgment as a Correctable Clerical Error (and Government Appeal Exception Can Unlock Post-Remand Review) Case: United States v. Nidal Hatum (11th...
Mens Rea Challenges to Georgia Aggravated Assault as a Guidelines “Crime of Violence” Are Foreclosed by Hicks

Mens Rea Challenges to Georgia Aggravated Assault as a Guidelines “Crime of Violence” Are Foreclosed by Hicks

Date: Jan 15, 2026
Mens Rea Challenges to Georgia Aggravated Assault as a Guidelines “Crime of Violence” Are Foreclosed by United States v. Hicks Introduction In United States v. Christian Isaiah Carter (11th Cir. Jan....
Oral Pronouncement Controls Unless “Unambiguous Conflict”: Referencing PSI/Standard Conditions Suffices for Supervised-Release Conditions (11th Cir.)

Oral Pronouncement Controls Unless “Unambiguous Conflict”: Referencing PSI/Standard Conditions Suffices for Supervised-Release Conditions (11th Cir.)

Date: Jan 15, 2026
Oral Pronouncement Controls Unless “Unambiguous Conflict”: Referencing PSI/Standard Conditions Suffices for Supervised-Release Conditions (11th Cir.) Case: United States v. Derrick Slade (11th Cir....
With-Prejudice Dismissal for Shotgun Pleadings and Rule 12(b)(6) Reliance on Undisputed Bodycam Video Under Incorporation-by-Reference

With-Prejudice Dismissal for Shotgun Pleadings and Rule 12(b)(6) Reliance on Undisputed Bodycam Video Under Incorporation-by-Reference

Date: Jan 14, 2026
With-Prejudice Dismissal for Shotgun Pleadings and Rule 12(b)(6) Reliance on Undisputed Bodycam Video Under Incorporation-by-Reference Introduction In Trekessa Gilliam v. Jari Sanders (11th Cir. Jan....
Plain-Error Limits on Esteras/Tapia Challenges to Post-Revocation Supervised Release

Plain-Error Limits on Esteras/Tapia Challenges to Post-Revocation Supervised Release

Date: Jan 14, 2026
Plain-Error Limits on Esteras/Tapia Challenges to Post-Revocation Supervised Release I. Introduction In United States v. Melvin Ford (11th Cir. Jan. 13, 2026) (unpublished), the Eleventh Circuit...
MDLEA Jurisdiction Extends to Foreign EEZ Interdictions; “Statelessness” and No-Nexus Theories Rejected; Safety-Valve Disqualification Is Triggered by Any § 3553(f)(1) Prong

MDLEA Jurisdiction Extends to Foreign EEZ Interdictions; “Statelessness” and No-Nexus Theories Rejected; Safety-Valve Disqualification Is Triggered by Any § 3553(f)(1) Prong

Date: Jan 14, 2026
MDLEA Jurisdiction Extends to Foreign EEZ Interdictions; “Statelessness” and No-Nexus Theories Rejected; Safety-Valve Disqualification Is Triggered by Any § 3553(f)(1) Prong I. Introduction In United...
MDLEA Jurisdiction Confirmed in Foreign EEZs: No Nexus Required, “Nationality” Equals “Registry,” and Nominal U.S. Interdiction Role Does Not Bar Prosecution

MDLEA Jurisdiction Confirmed in Foreign EEZs: No Nexus Required, “Nationality” Equals “Registry,” and Nominal U.S. Interdiction Role Does Not Bar Prosecution

Date: Jan 14, 2026
MDLEA Jurisdiction Confirmed in Foreign EEZs: No Nexus Required, “Nationality” Equals “Registry,” and Nominal U.S. Interdiction Role Does Not Bar Prosecution Case: United States v. Roberto Peralta...
Upward Variances for § 922(g): Prior Ineffective Sentences and Underrepresented Criminal History as Proper § 3553(a) Grounds

Upward Variances for § 922(g): Prior Ineffective Sentences and Underrepresented Criminal History as Proper § 3553(a) Grounds

Date: Jan 14, 2026
Upward Variances for § 922(g): Prior Ineffective Sentences and Underrepresented Criminal History as Proper § 3553(a) Grounds Introduction In United States v. Gary Hanford (11th Cir. Jan. 12, 2026)...
No New Trial Required When Charged Drug Quantity Fails: Lesser-Included Conspiracy Judgment and § 1957 Proof May Rest on Cumulative Drug-Proceeds Evidence

No New Trial Required When Charged Drug Quantity Fails: Lesser-Included Conspiracy Judgment and § 1957 Proof May Rest on Cumulative Drug-Proceeds Evidence

Date: Jan 14, 2026
No New Trial Required When Charged Drug Quantity Fails: Lesser-Included Conspiracy Judgment and § 1957 Proof May Rest on Cumulative Drug-Proceeds Evidence Introduction In United States v. Alfonso...
Rule 8018(a)(4) Notice Flexibility and “Consistently Dilatory Conduct” as Grounds to Dismiss a Bankruptcy Appeal

Rule 8018(a)(4) Notice Flexibility and “Consistently Dilatory Conduct” as Grounds to Dismiss a Bankruptcy Appeal

Date: Jan 14, 2026
Rule 8018(a)(4) Notice Flexibility and “Consistently Dilatory Conduct” as Grounds to Dismiss a Bankruptcy Appeal Introduction 2408 W. Kennedy, LLC v. Bank of Central Florida (11th Cir. Jan. 12, 2026)...
Ambiguous References to § 3553(a) at Revocation Do Not Establish Plain Esteras Error Absent Clear Reliance on Retribution

Ambiguous References to § 3553(a) at Revocation Do Not Establish Plain Esteras Error Absent Clear Reliance on Retribution

Date: Jan 13, 2026
Ambiguous References to § 3553(a) at Revocation Do Not Establish Plain Esteras Error Absent Clear Reliance on Retribution I. Introduction United States v. Joseph Jones (11th Cir. Jan. 12, 2026)...
Presentence Report Typos Do Not Create Plain-Error Guideline Miscalculations, and Ineffective-Assistance Claims Usually Belong in § 2255 Absent a Developed Record

Presentence Report Typos Do Not Create Plain-Error Guideline Miscalculations, and Ineffective-Assistance Claims Usually Belong in § 2255 Absent a Developed Record

Date: Jan 13, 2026
Presentence Report Typos Do Not Create Plain-Error Guideline Miscalculations, and Ineffective-Assistance Claims Usually Belong in § 2255 Absent a Developed Record Case: United States v. Juan Antonio...
Miranda Violations After Arrest Are Harmless Where § 922(g) Elements Are Overwhelmingly Proven, and ACCA “Different Occasions” Is Not Defeated by Nonmaterial Date Variances

Miranda Violations After Arrest Are Harmless Where § 922(g) Elements Are Overwhelmingly Proven, and ACCA “Different Occasions” Is Not Defeated by Nonmaterial Date Variances

Date: Jan 13, 2026
Miranda Violations After Arrest Are Harmless Where § 922(g) Elements Are Overwhelmingly Proven, and ACCA “Different Occasions” Is Not Defeated by Nonmaterial Date Variances Case: United States v....
Revocation Requires a Real Rule 32.1 Hearing and an On-the-Record Guidelines Calculation

Revocation Requires a Real Rule 32.1 Hearing and an On-the-Record Guidelines Calculation

Date: Jan 13, 2026
Revocation Requires a Real Rule 32.1 Hearing and an On-the-Record Guidelines Calculation I. Introduction United States v. Jonathan Young (11th Cir. Jan. 12, 2026) addresses two procedurally distinct...
Rule 32.1 Requires a Real Revocation Hearing and an On-the-Record Guidelines Calculation for Revocation Sentences

Rule 32.1 Requires a Real Revocation Hearing and an On-the-Record Guidelines Calculation for Revocation Sentences

Date: Jan 13, 2026
Rule 32.1 Requires a Real Revocation Hearing and an On-the-Record Guidelines Calculation for Revocation Sentences 1. Introduction In United States v. Jonathan Young (11th Cir. Jan. 12, 2026)...
Post-Erlinger Rule: ACCA “Different Occasions” Must Be Found by a Jury (or Admitted), and Sentencing-Court Factfinding Requires Vacatur Absent Harmlessness

Post-Erlinger Rule: ACCA “Different Occasions” Must Be Found by a Jury (or Admitted), and Sentencing-Court Factfinding Requires Vacatur Absent Harmlessness

Date: Jan 13, 2026
Post-Erlinger Rule: ACCA “Different Occasions” Must Be Found by a Jury (or Admitted), and Sentencing-Court Factfinding Requires Vacatur Absent Harmlessness I. Introduction United States v....
Adverse § 3553(a) Findings Alone Foreclose Compassionate Release Without Reaching “Extraordinary and Compelling” Disputes

Adverse § 3553(a) Findings Alone Foreclose Compassionate Release Without Reaching “Extraordinary and Compelling” Disputes

Date: Jan 11, 2026
Adverse § 3553(a) Findings Alone Foreclose Compassionate Release Without Reaching “Extraordinary and Compelling” Disputes 1. Introduction In United States v. Frantz Pierre (11th Cir. Jan. 9, 2026)...
Irreparable Harm Requires a Legally Available Referendum: Kemp Bars Injunctive Relief Against Atlanta’s Petition-Circulator Residency Rule

Irreparable Harm Requires a Legally Available Referendum: Kemp Bars Injunctive Relief Against Atlanta’s Petition-Circulator Residency Rule

Date: Jan 10, 2026
Irreparable Harm Requires a Legally Available Referendum: Kemp v. City of Claxton Bars Injunctive Relief Against Atlanta’s Petition-Circulator Residency Rule I. Introduction In Lisa Baker v. City of...
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