11th Circuit Case Commentaries

Invited-Error Bar to “Rehabilitation-Based Imprisonment” Challenges in Federal Sentencing

Date: Jan 10, 2026

Invited-Error Bar to “Rehabilitation-Based Imprisonment” Challenges in Federal Sentencing Case: United States v. Brian Joseph McKay (11th Cir. Jan. 9, 2026) (unpublished, “Not for Publication”)...

Generic National Sentencing Statistics Do Not Prove “Unwarranted Disparity” Without Apples-to-Apples Comparability

Date: Jan 10, 2026

Generic National Sentencing Statistics Do Not Prove “Unwarranted Disparity” Without Apples-to-Apples Comparability Introduction In United States v. Oscar Pena-Sanregre (11th Cir. Jan. 9, 2026) (per...

Self-Representation Requires a Knowing Waiver and Courtroom Decorum: Disruptive “Sovereign Citizen” Conduct Permits Counsel Appointment and Trial in the Defendant’s Absence

Date: Jan 10, 2026

Self-Representation Requires a Knowing Waiver and Courtroom Decorum: Disruptive “Sovereign Citizen” Conduct Permits Counsel Appointment and Trial in the Defendant’s Absence Introduction United States...

Conspiracy Acquittal Does Not Undermine Anti‑Kickback Substantive Convictions; Supervisory Role Bars §4C1.1 Zero‑Point Offender Relief

Date: Jan 10, 2026

Conspiracy Acquittal Does Not Undermine Anti‑Kickback Substantive Convictions; Supervisory Role Bars §4C1.1 Zero‑Point Offender Relief Case: United States v. David Byron Copeland (11th Cir. Jan. 9,...

Subjective Recklessness as the Decisive Gatekeeper: Deliberate-Indifference, Prison Diet Claims, and Conclusory “Policy” Pleading in § 1983/RLUIPA Litigation

Date: Jan 10, 2026

Subjective Recklessness as the Decisive Gatekeeper: Deliberate-Indifference, Prison Diet Claims, and Conclusory “Policy” Pleading in § 1983/RLUIPA Litigation Introduction In Nyka O'Connor v. Barry...

Upward Variances May Rest on Guideline-Accounted Facts, and Disparity Claims Require “Apples-to-Apples” Comparators — United States v. Anna Michelle La Rue

Date: Jan 10, 2026

Upward Variances May Rest on Guideline-Accounted Facts, and Disparity Claims Require “Apples-to-Apples” Comparators — United States v. Anna Michelle La Rue (11th Cir. 2026) 1. Introduction In United...

Section 1367(b) Does Not Bar Defendants’ Counterclaims/Third-Party Claims Against a Nondiverse Subsidiary; Realignment Requires a “Collision of Interests”

Date: Jan 10, 2026

Section 1367(b) Does Not Bar Defendants’ Counterclaims/Third-Party Claims Against a Nondiverse Subsidiary; Realignment Requires a “Collision of Interests” Case: EPI-USE Systems Limited v. BI Brainz,...

Eleventh Circuit: § 922(g)(1) As-Applied Second Amendment Challenges by Nonviolent Felons Remain Foreclosed

Date: Jan 9, 2026

Eleventh Circuit Rule: Nonviolent-Felon As-Applied Second Amendment Challenges to 18 U.S.C. § 922(g)(1) Are Foreclosed by Rozier and Dubois II Despite Bondi and Florida Commissioner Introduction In...

Post-Bruen/Rehimi Felon-in-Possession Challenges Remain Foreclosed in the Eleventh Circuit; Brief § 3553(c)(2) Variance Explanations Suffice When the Record Is Clear

Date: Jan 9, 2026

Post-Bruen/Rahimi Felon-in-Possession Challenges Remain Foreclosed in the Eleventh Circuit; Brief § 3553(c)(2) Variance Explanations Suffice When the Record Is Clear Case: United States v. Randall...

Autobiographical “Fiction” as Intrinsic Evidence “Necessary to Complete the Story” of a Drug Conspiracy

Date: Jan 9, 2026

Autobiographical “Fiction” as Intrinsic Evidence “Necessary to Complete the Story” of a Drug Conspiracy Introduction In United States v. Kenneth Pertillo (11th Cir. Jan. 8, 2026) (unpublished), the...

§ 3582(c)(2) Amendment 821 Reductions: Prior § 3553(a) Variances Cannot Expand the § 1B1.10(b)(2)(B) Substantial-Assistance Exception

Date: Jan 9, 2026

§ 3582(c)(2) Amendment 821 Reductions: Prior § 3553(a) Variances Cannot Expand the § 1B1.10(b)(2)(B) Substantial-Assistance Exception Introduction In United States v. Wayne Duke (11th Cir. Jan. 7,...

MDLEA Jurisdiction in Foreign EEZs: EEZ Treated as “High Seas,” Broad Stateless-Vessel Definition, and No U.S. Nexus Requirement

Date: Jan 9, 2026

MDLEA Jurisdiction in Foreign EEZs: EEZ Treated as “High Seas,” Broad Stateless-Vessel Definition, and No U.S. Nexus Requirement Case: United States v. Ronald Arregoces Barros (11th Cir. Jan. 7,...

U.S.S.G. § 1B1.3(c) Limits Only Acquitted-Conduct Use: Relevant Conduct Beyond the Plea Remains Proper (United States v. Phillip Howard)

Date: Jan 9, 2026

U.S.S.G. § 1B1.3(c) Limits Only Acquitted-Conduct Use: Relevant Conduct Beyond the Plea Remains Proper Case: United States v. Phillip Howard (11th Cir., Jan. 7, 2026) (per curiam) (not for...

“In Connection With” Under U.S.S.G. § 2K2.1(b)(6)(B): Constructive Facilitation and the Presumption from Knowing Possession During an Armed Robbery

Date: Jan 9, 2026

“In Connection With” Under U.S.S.G. § 2K2.1(b)(6)(B): Constructive Facilitation and the Presumption from Knowing Possession During an Armed Robbery Introduction In United States v. Demarion Nelson...

Third-Party Notice May Be “On the Insured’s Behalf,” But Timeliness Is Measured From the Insured’s Occurrence-Based Duty

Date: Jan 8, 2026

Third-Party Notice May Be “On the Insured’s Behalf,” But Timeliness Is Measured From the Insured’s Occurrence-Based Duty Introduction In A. B. v. David Jacobs Barrow (11th Cir. Jan. 7, 2026), the...

DMCA § 512(c) Safe Harbor: Hash-Matching Outputs and Algorithmic Curation Do Not Create “Red Flag” Knowledge or “Right and Ability to Control” Without Specific Infringement and Substantial Influence

Date: Jan 8, 2026

DMCA § 512(c) Safe Harbor: Hash-Matching Outputs and Algorithmic Curation Do Not Create “Red Flag” Knowledge or “Right and Ability to Control” Without Specific Infringement and Substantial Influence...

Conspiracy Is Not Automatically Coextensive with “Jointly Undertaken Criminal Activity” for Loss and Restitution

Date: Jan 8, 2026

Conspiracy Is Not Automatically Coextensive with “Jointly Undertaken Criminal Activity” for Loss and Restitution Case: United States v. Abdoulaye Barry (11th Cir. Jan. 7, 2026) | Court: United States...

Reasoned Consideration Is Satisfied When the BIA Affirms Dispositive IJ Findings Unchallenged in Substance (Nexus and CAT Acquiescence)

Date: Jan 8, 2026

Reasoned Consideration Is Satisfied When the BIA Affirms Dispositive IJ Findings Unchallenged in Substance (Nexus and CAT Acquiescence) 1. Introduction Case: Edinson Isaias Cruz-Yanes v. U.S....

Compassionate Release: Tapia Does Not Limit § 3582(c)(1)(A) Courts from Considering In-Prison Treatment and Public Safety

Date: Jan 8, 2026

Compassionate Release: Tapia Does Not Limit § 3582(c)(1)(A) Courts from Considering In-Prison Treatment and Public Safety Case: United States v. Antonio Easterly (11th Cir. Jan. 7, 2026)...

Federal-Sector Title VII Retaliation in the Eleventh Circuit: No Liability Without a “Personnel Action” and a Work Environment That Would Dissuade a Reasonable Worker

Date: Jan 8, 2026

Federal-Sector Title VII Retaliation in the Eleventh Circuit: No Liability Without a “Personnel Action” and a Work Environment That Would Dissuade a Reasonable Worker I. Introduction In Bobby Lett v....

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