11th Circuit Case Commentaries

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....

U.S.S.G. § 1B1.3(c) Limits Only Acquitted Conduct: Uncharged/Unadjudicated Relevant Conduct May Still Drive RICO Fraud Loss, Restitution, and Forfeiture

Date: Jan 8, 2026

U.S.S.G. § 1B1.3(c) Limits Only Acquitted Conduct: Uncharged/Unadjudicated Relevant Conduct May Still Drive RICO Fraud Loss, Restitution, and Forfeiture I. Introduction In United States v. Phillip...

Meaningful Guideline Consideration as a Substantive-Reasonableness Constraint on Major Upward Variances (United States v. John Lee)

Date: Jan 8, 2026

Meaningful Guideline Consideration as a Substantive-Reasonableness Constraint on Major Upward Variances (United States v. John Lee) 1. Introduction In United States v. John Lee (11th Cir. Jan. 6,...

Nonretroactive Guideline Amendments Are Excluded from U.S.S.G. § 1B1.13(b)(6)’s “Change in the Law” Compassionate-Release Path

Date: Jan 8, 2026

Nonretroactive Guideline Amendments Are Excluded from U.S.S.G. § 1B1.13(b)(6)’s “Change in the Law” Compassionate-Release Path I. Introduction United States v. Jose Romeu (11th Cir. Jan. 6, 2026)...

Ineffective Assistance (Strickland Prejudice) When Uncalled Witness Is Impeachable and the Record Evidence of Guilt Is Overwhelming

Date: Jan 8, 2026

Ineffective Assistance (Strickland Prejudice) When Uncalled Witness Is Impeachable and the Record Evidence of Guilt Is Overwhelming 1. Introduction In Robert Donelson v. United States (11th Cir. Jan....

FTC Act Unfairness in the Eleventh Circuit: § 45(n)’s Three-Factor Test Controls and Courts May “Fence In” Hidden-Fee Practices with Unavoidable, Non-Hyperlinked Disclosures and Fee-by-Fee Assent

Date: Jan 7, 2026

FTC Act Unfairness in the Eleventh Circuit: § 45(n)’s Three-Factor Test Controls and Courts May “Fence In” Hidden-Fee Practices with Unavoidable, Non-Hyperlinked Disclosures and Fee-by-Fee Assent...

Pre-2024 U.S.S.G. § 2B1.1 Requires the Greater of Actual or Intended Loss (and Upholds Upward Variances in Pandemic-Relief Fraud)

Date: Jan 7, 2026

Pre-2024 U.S.S.G. § 2B1.1 Requires the Greater of Actual or Intended Loss (and Upholds Upward Variances in Pandemic-Relief Fraud) Case: United States v. Omar Loaces Gonzalez (11th Cir., Jan. 6, 2026)...

Rooker–Feldman Bars Federal Damages Claims That Depend on Undoing a State Foreclosure Judgment; Futility and Willful Noncompliance Justify Dismissal With Prejudice

Date: Jan 7, 2026

Rooker–Feldman Bars Federal Damages Claims That Depend on Undoing a State Foreclosure Judgment; Futility and Willful Noncompliance Justify Dismissal With Prejudice 1. Introduction In Roy Dixon v....

Lozada’s Ineffective-Assistance Framework Survives Loper Bright and Remains Procedurally Mandatory in Immigration Proceedings

Date: Jan 7, 2026

Lozada’s Ineffective-Assistance Framework Survives Loper Bright and Remains Procedurally Mandatory in Immigration Proceedings Case: Ginna Alejandra Gutierrez-Mikan v. U.S. Attorney General (11th Cir....

Eleventh Circuit: Appellate Abandonment and Strict Rule 15/Local-Rule Compliance When Attempting Post-Dismissal Amendments

Date: Jan 7, 2026

Eleventh Circuit: Appellate Abandonment and Strict Rule 15/Local-Rule Compliance When Attempting Post-Dismissal Amendments 1. Introduction In Derrick James v. The Geo Group, Inc. (11th Cir. Jan. 2,...

Hobbs Act Robbery Requires Force Before or During the Taking, Not Merely in Escape

Date: Jan 6, 2026

Hobbs Act Robbery Requires Force Before or During the Taking, Not Merely in Escape Case: United States v. Jy'Quale Grable (11th Cir. Jan. 5, 2026) Core holding: A taking is not “robbery” under 18...

Pre-Suspension Notice and Opportunity to Contest Suffice for Florida Child-Support-Related License Suspensions; Qualified Immunity Bars § 1983 Claims Against the Program Director

Date: Jan 6, 2026

Pre-Suspension Notice and Opportunity to Contest Suffice for Florida Child-Support-Related License Suspensions; Qualified Immunity Bars § 1983 Claims Against the Program Director Case: Kenneth...

Affirming Dismissal With Prejudice for Repeated Shotgun Pleadings After Explicit Repleading Instructions (Even for Pro Se Litigants)

Date: Jan 6, 2026

Affirming Dismissal With Prejudice for Repeated Shotgun Pleadings After Explicit Repleading Instructions (Even for Pro Se Litigants) Case: Jibrail Muhammad, Sr. v. Dolgencorp, LLC (11th Cir. Jan. 2,...

United States v. Jamar Nattiel (11th Cir. Jan. 5, 2026) — Commentary

Date: Jan 6, 2026

Rule 29 Specificity as a Gatekeeper: New Emphasis on Plain-Error Review for Unraised Sufficiency/Variance Theories Case: United States v. Jamar Nattiel, No. 24-10954 (11th Cir. Jan. 5, 2026) (per...

Collateral Attacks on Criminal Forfeiture Are Not Cognizable Under Bivens; Failure to Object Waives Appellate Review; Prefiling Injunctions May Be Expanded to Cover Related Forfeiture/Foreclosure Claims

Date: Jan 2, 2026

Collateral Attacks on Criminal Forfeiture Are Not Cognizable Under Bivens; Failure to Object Waives Appellate Review; Prefiling Injunctions May Be Expanded to Cover Related Forfeiture/Foreclosure...

Federal-Sector Title VII (Religion): Plaintiff Must Show Religion Played “Some Part” in the Personnel Action; Non-Decisionmaker Vaccine Warnings and Performance Disputes Are Insufficient

Date: Jan 2, 2026

Federal-Sector Title VII (Religion): Plaintiff Must Show Religion Played “Some Part” in the Personnel Action; Non-Decisionmaker Vaccine Warnings and Performance Disputes Are Insufficient Case: Andre...

No Plain Error on Excluding Good-Time Credits from U.S.S.G. § 1B1.13(b)(2) “Served Time” Calculations Absent Binding Precedent

Date: Jan 2, 2026

No Plain Error on Excluding Good-Time Credits from U.S.S.G. § 1B1.13(b)(2) “Served Time” Calculations Absent Binding Precedent Case: United States v. Eduardo Ortiz-Cervantes (11th Cir. Dec. 31, 2025)...

Bruen and Rahimi Do Not Abrogate Eleventh Circuit Precedent Upholding 18 U.S.C. § 922(g)(1) (Rozier Controls)

Date: Jan 1, 2026

Bruen and Rahimi Do Not Abrogate Eleventh Circuit Precedent Upholding 18 U.S.C. § 922(g)(1) (Rozier Controls) Introduction In United States v. Brady Castro (11th Cir. Dec. 31, 2025) (unpublished),...

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