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  • Commentaries
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11th Circuit Case Commentaries

Defining Constructive Possession and Judicial Discretion in Evidentiary Reopening

Defining Constructive Possession and Judicial Discretion in Evidentiary Reopening

Date: Apr 30, 2025
Defining Constructive Possession and Judicial Discretion in Evidentiary Reopening Introduction The Eleventh Circuit’s decision in United States v. Dennis Thompson (No. 24-10418, Apr. 29, 2025)...
Border Search Exception for Electronic Devices and Restitution Notice Flexibility in United States v. Grimes

Border Search Exception for Electronic Devices and Restitution Notice Flexibility in United States v. Grimes

Date: Apr 30, 2025
Border Search Exception for Electronic Devices and Restitution Notice Flexibility Introduction United States v. Stephen Gordon Grimes, Jr., decided by the Eleventh Circuit on April 29, 2025,...
The Extraterritorial High-Seas Jurisdiction Principle Under the MDLEA

The Extraterritorial High-Seas Jurisdiction Principle Under the MDLEA

Date: Apr 29, 2025
The Extraterritorial High-Seas Jurisdiction Principle Under the MDLEA Introduction United States v. Yeiner Herrera-Barroz, No. 24-10149 (11th Cir. Apr. 28, 2025), addresses the U.S. government’s...
United States v. Marcle: Standards for Imposing Post-Revocation Supervised Release

United States v. Marcle: Standards for Imposing Post-Revocation Supervised Release

Date: Apr 29, 2025
United States v. Marcle: Standards for Imposing Post-Revocation Supervised Release Introduction The Eleventh Circuit’s decision in United States v. Jerry William Marcle (No. 25-10362, decided April...
Clarifying MDLEA Jurisdiction: EEZ Inclusion, Stateless Vessel Definition, and Nexus Irrelevance

Clarifying MDLEA Jurisdiction: EEZ Inclusion, Stateless Vessel Definition, and Nexus Irrelevance

Date: Apr 29, 2025
Clarifying MDLEA Jurisdiction: EEZ Inclusion, Stateless Vessel Definition, and Nexus Irrelevance Introduction United States v. Genaro Sanchez is an Eleventh Circuit decision handed down on April 28,...
EEZ as High Seas: Jurisdiction Under the MDLEA Affirmed

EEZ as High Seas: Jurisdiction Under the MDLEA Affirmed

Date: Apr 29, 2025
EEZ as High Seas: Jurisdiction Under the MDLEA Affirmed Introduction In United States v. Gustavo Brito-Fernandez (11th Cir. Apr. 28, 2025), the Eleventh Circuit addressed challenges to federal...
No Equitable Exception to Under-21 Requirement in Cancellation of Removal

No Equitable Exception to Under-21 Requirement in Cancellation of Removal

Date: Apr 29, 2025
No Equitable Exception to Under-21 Requirement in Cancellation of Removal Introduction In Pedro Zarate Piña & Marina Dominguez Gonzalez v. Attorney General of the United States, 24-12590 (11th Cir....
Establishing the Nexus Requirement for Firearm-Drug Proximity Under U.S.S.G. §2K2.1(b)(6)(B) and Non-Retroactivity of Substantive Guideline Amendments

Establishing the Nexus Requirement for Firearm-Drug Proximity Under U.S.S.G. §2K2.1(b)(6)(B) and Non-Retroactivity of Substantive Guideline Amendments

Date: Apr 29, 2025
Establishing the Nexus Requirement for Firearm-Drug Proximity Under U.S.S.G. §2K2.1(b)(6)(B) and Non-Retroactivity of Substantive Guideline Amendments Introduction United States v. Dallas Robinson,...
EEZs as High Seas and Extraterritorial Reach of the Maritime Drug Law Enforcement Act

EEZs as High Seas and Extraterritorial Reach of the Maritime Drug Law Enforcement Act

Date: Apr 29, 2025
EEZs as High Seas and Extraterritorial Reach of the Maritime Drug Law Enforcement Act Introduction This commentary examines the Eleventh Circuit’s per curiam decision in United States v. Saul...
Conclusive Plea Record Bars §2255 Ineffective Assistance Claims

Conclusive Plea Record Bars §2255 Ineffective Assistance Claims

Date: Apr 26, 2025
Conclusive Plea Record Bars §2255 Ineffective Assistance Claims 1. Introduction This commentary examines the Eleventh Circuit’s decision in Nathaniel Blancher v. United States (No. 24-10584, 11th...
Jury Determination Required for ACCA Predicate “Different Occasions” Post-Erlinger

Jury Determination Required for ACCA Predicate “Different Occasions” Post-Erlinger

Date: Apr 26, 2025
Jury Determination Required for ACCA Predicate “Different Occasions” Post-Erlinger Introduction United States v. Davion Rivers arises from the Eleventh Circuit’s consideration of two core issues: the...
Clarifying Evidentiary Hearing Standards in §2255 Proceedings: Tolling Agreements and Counsel Conflicts

Clarifying Evidentiary Hearing Standards in §2255 Proceedings: Tolling Agreements and Counsel Conflicts

Date: Apr 26, 2025
Clarifying Evidentiary Hearing Standards in §2255 Proceedings: Tolling Agreements and Counsel Conflicts Introduction Donovan G. Davis, Jr. v. United States (11th Cir. 2025) addresses critical...
Limiting Government’s Introduction of Uncharged Conduct Contrary to Loss‐Amount Stipulations in Plea Agreements – United States v. Camon

Limiting Government’s Introduction of Uncharged Conduct Contrary to Loss‐Amount Stipulations in Plea Agreements – United States v. Camon

Date: Apr 25, 2025
Limiting Government’s Introduction of Uncharged Conduct Contrary to Loss‐Amount Stipulations in Plea Agreements Introduction The Eleventh Circuit’s decision in United States v. Isaac Camon (No....
Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct

Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct

Date: Apr 25, 2025
Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct Introduction The Eleventh Circuit’s decision in United States v. Isaac...
Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products

Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products

Date: Apr 25, 2025
Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products Introduction This commentary examines the Eleventh Circuit’s April 24, 2025 decision in Bidi Vapor LLC...
Clarifying the Specific-Threat Requirement in Eighth Amendment Deliberate Indifference Claims: Oliver v. Warden, Wilcox State Prison

Clarifying the Specific-Threat Requirement in Eighth Amendment Deliberate Indifference Claims: Oliver v. Warden, Wilcox State Prison

Date: Apr 24, 2025
Clarifying the Specific-Threat Requirement in Eighth Amendment Deliberate Indifference Claims Introduction In Anthony Oliver v. Warden Wilcox State Prison (11th Cir. 2025), the Court of Appeals for...
Upheld: Content-Neutral Age Restriction and Prior Restraint Safeguards in Adult-Entertainment Licensing

Upheld: Content-Neutral Age Restriction and Prior Restraint Safeguards in Adult-Entertainment Licensing

Date: Apr 24, 2025
Upheld: Content-Neutral Age Restriction and Prior Restraint Safeguards in Adult-Entertainment Licensing Introduction In Wacko’s Too, Inc. v. City of Jacksonville, a panel of the Eleventh Circuit...
Independent-Injury Rule under Rooker-Feldman and Limits of Claim Preclusion: Derek Thomas v. John Bartholomew, IV

Independent-Injury Rule under Rooker-Feldman and Limits of Claim Preclusion: Derek Thomas v. John Bartholomew, IV

Date: Apr 24, 2025
Independent-Injury Rule under Rooker-Feldman and Limits of Claim Preclusion: Derek Thomas v. John Bartholomew, IV Introduction Derek Thomas v. John Bartholomew, IV, decided April 23, 2025 by the...
Mitigating Secondary Effects Through Age-Based Regulation: Emperors, Inc. v. City of Jacksonville

Mitigating Secondary Effects Through Age-Based Regulation: Emperors, Inc. v. City of Jacksonville

Date: Apr 24, 2025
Mitigating Secondary Effects Through Age-Based Regulation: Emperors, Inc. v. City of Jacksonville Introduction Emperors, Inc. v. City of Jacksonville (11th Cir. Apr. 23, 2025) addresses the...
Reinforcing Strict Substantiation: Limits of “Cohan” in Patitz v. Commissioner

Reinforcing Strict Substantiation: Limits of “Cohan” in Patitz v. Commissioner

Date: Apr 24, 2025
Reinforcing Strict Substantiation: Limits of “Cohan” in Patitz v. Commissioner Introduction The Eleventh Circuit’s opinion in Lori Michelle Patitz & Andrew Robert Moody v. Commissioner of Internal...
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