Isolated Taliban Harm, Non-Immediate Death Threats, and Extended Post-Incident Residence Defeat Asylum; Reconsideration Cannot Merely Re-Argue Prior Points 1. Introduction In Faridullah Liwan Khil v....
Single Taliban Beating/Threat + 18-Month Delay Does Not Compel Persecution; Reconsideration Cannot Rehash Prior Arguments (11th Cir.) Case: Faridullah Liwan Khil v. U.S. Attorney General...
Unaccepted Jury Verdicts Do Not Trigger Double Jeopardy; Habeas Affirmance Despite District Court Misanalysis When Remand Would Be Futile Introduction Frank J. Evans v. Secretary, Florida Department...
§ 841(b)(1)(C) Authorizes Up to Life Supervised Release After Revocation; § 3583(h) Subtraction Does Not Constrain a 36‑Month Reimposition and Mazarky’s “Notice-Based” Cap Is Narrow I. Introduction...
Upward Variance May Rest on § 3553(a) Factors Despite a Rejected Guideline Enhancement; “Coincidental” Alignment with the Rejected Range Does Not Show Reliance on Improper Facts I. Introduction In...
Plain-Meaning Enforcement of “State Cases” Fee-Sharing Letters and Integration-Clause Supersession of Prior Oral Understandings in MDL-Adjacent Lawyer Disputes I. Introduction Gordon Ball v. Patrick...
Sentencing Due Process in the Eleventh Circuit: Using Co-Conspirators’ Trial Evidence with a Rebuttal Opportunity; Unnoticed Unrelated Comparator Sentences as Non-Prejudicial Error Introduction...
Compassionate Release Under U.S.S.G. § 1B1.13(b)(6): Non-Retroactive Guideline Changes and Unchallenged ACCA Predicates Defeat “Gross Disparity” Claims 1. Introduction In United States v. Eric...
Ancillary Jurisdiction to Enforce Criminal Restitution After Probation Ends 1. Introduction In United States v. Mikel Mims (11th Cir. Mar. 2, 2026), the Eleventh Circuit addressed a question of first...
Oral Testimony to the Magistrate Counts in § 1983 Malicious-Prosecution Review: A Bare Affidavit Is Not Constitutionally Infirm if Probable Cause Is Truthfully Supplied Orally I. Introduction In...
Rooker-Feldman Bars Damages Claims That Functionally Undo State-Court Fee/Lien Judgments; Jurisdictional Dismissals Must Be Without Prejudice Case: Robert Jones v. The Lamar Company, LLC, et al....
§ 4C1.1(a)(7) Requires Defendant-Specific Firearm Possession Findings; § 2D1.1(b)(1) Enhancement Alone Does Not Automatically Bar the Zero-Point Offender Reduction Case: United States v. Dominic...
United States v. Brice: Generally Applicable Federal Criminal Statutes Apply to Indian-on-Indian Crimes in Indian Country, Unconstrained by the Major Crimes Act I. Introduction United States v....
McDonnell Douglas “Drops Out” After Rebuttal: Summary Judgment Turns on a Rule 56 “Convincing Mosaic,” and Mixed-Motive Theories Must Be Properly Raised Court: U.S. Court of Appeals for the Eleventh...
When the Employer Rebuts, McDonnell Douglas “Drops Out”: Plaintiffs Must Prove a Convincing Mosaic (and Properly Raise Mixed-Motive) to Survive Summary Judgment Introduction In Larry Coleman v....
Probable Cause Defeats Retaliatory-Arrest and False-Arrest Claims Even When State “In-the-Presence” Limits Are Alleged; Municipal Liability Requires an Identified Policy or Custom Introduction In...
Eleventh Circuit Enforces Knowing-and-Voluntary Sentence-Appeal Waivers and Channels Guilty-Plea Ineffectiveness Claims to § 2255 Absent a Developed Record Introduction United States v. Beatriz...
Judicial Fact-Finding May Support U.S.S.G. § 2D1.1(b)(13)(B) Enhancements Where the Statutory Range Is Unchanged Introduction In United States v. Brendan Wells (11th Cir. Feb. 27, 2026)...
Florida Attempted Armed Robbery Is Not an ACCA “Violent Felony” After United States v. Taylor (Abrogating United States v. Joyner) Case: United States v. Jimmy Lightsey Court: Eleventh Circuit Date:...
Res Judicata Bars Later “Fraud on the Court” Claims When Earlier Fraud Litigation Already Pleaded the Same Markman-Based Misrepresentation Introduction In Capital Security Systems, Inc. v. NCR...