Eleventh Circuit Clarifies Appellate Abandonment in Social Security Appeals and Limits SSR 11-1p to Appeals Council “Not Chronologically Relevant” Findings I. Introduction In Belinda Belajonas v....
Acquitted Conduct May Support a § 3553(a) Upward Variance Within the Statutory Maximum Despite U.S.S.G. § 1B1.3(c) (2024) Introduction In United States v. Keith Pharms (11th Cir. Feb. 5, 2026) (per...
Record-Incorporation Suffices for § 3582(c)(2) Denials Under Amendment 821 When the Court States It Considered § 3553(a) Introduction In United States v. Robert Willis, Jr. (11th Cir. Feb. 5, 2026)...
Eleventh Circuit Reaffirms Rozier: § 922(g)(1) Challenges Barred Post-Bruen and Rahimi Under the Prior-Panel-Precedent Rule Case: United States v. Travion Cortez Vanhorn (11th Cir., Feb. 5, 2026)...
Parties-Only Vexatious-Litigant Injunctions May Impose Cross-Court Disclosure Duties and Support Rule 41(b) Dismissal for Noncompliance Case: Waseem Daker v. Commissioner, Georgia Department of...
First Step Act Reclassification at Supervised-Release Revocation Is Discretionary, Not Mandatory 1. Introduction In United States v. John Henry Alexander (11th Cir. Feb. 4, 2026) (unpublished), the...
At PLRA Screening, Pro Se Prisoner’s Title II ADA Claim Must Be Liberally Construed as an Official-Capacity Failure-to-Accommodate Claim; Damages Require Deliberate Indifference Introduction In James...
Ambiguous Restitution Basis in Title 26 Cases Is Not Plain Error Absent Clear Reliance on MVRA/VWPA Case: United States v. Ali Akhenaten (11th Cir. Feb. 4, 2026) (unpublished, Non-Argument Calendar)...
MDLEA Presentment Delays Do Not Justify Dismissal; EEZ Is “High Seas” Under the Felonies Clause I. Introduction United States v. Franklin Dominguez (11th Cir. Feb. 4, 2026) is an unpublished per...
Announced Alternative § 3553(a) Variance Makes Guideline/Allocution Errors Harmless; Reliable Polygraph Admissions May Support Sentencing Facts I. Introduction In United States v. William Ervin...
FTCA § 2680(h) Does Not Bar Negligence Claims for Breach of an Independent Duty to Protect Children in Government Custody, Even When Injury Results from Employee Assaults 1. Introduction In John Doe,...
United States v. Holley: Body-Camera Bystander Statements as “Effect on Listener” Evidence and Anonymous 911 Calls as Present Sense Impressions Without Confrontation Clause Bar Introduction United...
FTCA Prison Housing Decisions Remain Discretionary, and Limited Pepper-Spray Use Does Not Establish Florida Battery Absent Clearly Excessive Force Case: David A. Diehl v. United States Court: Court...
Speculation Cannot Defeat Summary Judgment in FLSA Overtime/Retaliation and Title VII Pay-Disparity/Hostile-Environment Claims I. Introduction In Junior Andrew v. Waste Pro of Florida, Inc. (11th...
Upward Variance to the Statutory Maximum in Illegal Reentry Based on Recidivism and Public-Safety Risk, Not National Sentencing Averages Introduction In United States v. Gabriel Rojas-Lopez (11th...
MDLEA Jurisdiction Reaffirmed: EEZ Treated as “High Seas,” and No-Master Crews Need Not Be Asked to Claim Nationality Case: United States v. Jesus Alberto Hernandez Osorio (consolidated with...
MDLEA Jurisdiction in a Foreign EEZ: EEZ Treated as “High Seas,” Statelessness Shown by No Master, and Foreign-Assisted Interdiction Permitted I. Introduction This consolidated Eleventh Circuit...
MDLEA Jurisdiction Preserved When No Master Is Identified and Foreign Partners Assist Interdiction I. Introduction United States v. Oscar Jose Carreno Fernandez (consolidated with appeals by Jesus...
Res Judicata Remains a Four-Part Test; No Separate “Full and Fair Opportunity” Finding Required for Rule 60(b)(6) Relief 1. Introduction In Alexander Harvin v. JPMorgan Chase Bank, N.A. (11th Cir....
Bench-Trial “Uncontradicted Evidence” Comments Are Not an Adverse Inference from Silence When Tied to the Evidentiary Record and Accompanied by Explicit Non-Use Assurances I. Introduction United...