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  • Commentaries
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11th Circuit Case Commentaries

Ensuring “Real Weight” to Advisory Guidelines: Limits on Upward Variances in Sentencing – United States v. Deshawn Martin

Ensuring “Real Weight” to Advisory Guidelines: Limits on Upward Variances in Sentencing – United States v. Deshawn Martin

Date: Jan 15, 2025
Ensuring “Real Weight” to Advisory Guidelines: Limits on Upward Variances in Sentencing Introduction United States v. Deshawn Martin (11th Cir. Jan. 14, 2025) addresses how district courts must treat...
Affirmation of Prosecutorial Discretion in Rule 35(b) Motions: United States v. Garces Hurtado

Affirmation of Prosecutorial Discretion in Rule 35(b) Motions: United States v. Garces Hurtado

Date: Jan 15, 2025
Affirmation of Prosecutorial Discretion in Rule 35(b) Motions: United States v. Garces Hurtado 1. Introduction United States v. Eulogio Garces Hurtado (11th Cir. Jan. 14, 2025) addresses the scope of...
Manbru-Encarnacion v. U.S. Attorney General: Establishing Strict Standards for CAT Relief and Counsel Effectiveness

Manbru-Encarnacion v. U.S. Attorney General: Establishing Strict Standards for CAT Relief and Counsel Effectiveness

Date: Jan 14, 2025
Manbru-Encarnacion v. U.S. Attorney General: Establishing Strict Standards for CAT Relief and Counsel Effectiveness Introduction Nicolas Elpidio Manbru-Encarnacion, a citizen of the Dominican...
Affirmation of Conspiracy and Attempted Child Sex Trafficking Convictions: A Comprehensive Analysis of US v. Kerby Brown Jr., 11th Cir., 2025

Affirmation of Conspiracy and Attempted Child Sex Trafficking Convictions: A Comprehensive Analysis of US v. Kerby Brown Jr., 11th Cir., 2025

Date: Jan 14, 2025
Affirmation of Conspiracy and Attempted Child Sex Trafficking Convictions: A Comprehensive Analysis of US v. Kerby Brown Jr., 11th Cir., 2025 Introduction In the landmark case of United States of...
Southern Company Services v. Christian: Clarifying Equitable Tolling under the Age Discrimination in Employment Act

Southern Company Services v. Christian: Clarifying Equitable Tolling under the Age Discrimination in Employment Act

Date: Jan 14, 2025
Southern Company Services v. Christian: Clarifying Equitable Tolling under the Age Discrimination in Employment Act Introduction In Southern Company Services v. Christian, the United States Court of...
Eleventh Circuit Clarifies Requirements for Grave Risk Findings under the Hague Convention in Bindslev v. Silva

Eleventh Circuit Clarifies Requirements for Grave Risk Findings under the Hague Convention in Bindslev v. Silva

Date: Jan 14, 2025
Eleventh Circuit Clarifies Requirements for Grave Risk Findings under the Hague Convention in Bindslev v. Silva Introduction In the landmark case of Christian Bindslev v. Melissa Carolina Silva,...
Affirmation of Remand: Federal Jurisdiction Limits in State-Law Tort Suits Amid COVID-19

Affirmation of Remand: Federal Jurisdiction Limits in State-Law Tort Suits Amid COVID-19

Date: Jan 14, 2025
Affirmation of Remand: Federal Jurisdiction Limits in State-Law Tort Suits Amid COVID-19 Introduction The appellate case MATT HOLMAN, Administrator of the Estate of Edna Diane Holman, deceased,...
Eleventh Circuit Confirms Constitutionality of 18 U.S.C. § 922(g)(1) and Classification of Attempted Armed Bank Robbery as a 'Crime of Violence' in Morelock v. United States

Eleventh Circuit Confirms Constitutionality of 18 U.S.C. § 922(g)(1) and Classification of Attempted Armed Bank Robbery as a 'Crime of Violence' in Morelock v. United States

Date: Jan 14, 2025
Eleventh Circuit Confirms Constitutionality of 18 U.S.C. § 922(g)(1) and Classification of Attempted Armed Bank Robbery as a 'Crime of Violence' in Morelock v. United States Introduction In the...
Affirmation of Child Pornography Convictions and Sentencing Under U.S.S.G. § 2G2.2(b)(7)(D)

Affirmation of Child Pornography Convictions and Sentencing Under U.S.S.G. § 2G2.2(b)(7)(D)

Date: Jan 14, 2025
Affirmation of Child Pornography Convictions and Sentencing Under U.S.S.G. § 2G2.2(b)(7)(D) Introduction The case of United States of America v. Christopher Snow is a significant appellate decision...
11th Circuit Clarifies Application of All Writs Act in Subsequent Litigation Post-Class Action Settlement

11th Circuit Clarifies Application of All Writs Act in Subsequent Litigation Post-Class Action Settlement

Date: Jan 14, 2025
11th Circuit Clarifies Application of All Writs Act in Subsequent Litigation Post-Class Action Settlement Introduction The case of Robert C. McBride et al. v. Genworth Life and Annuity Insurance...
Priority of Federal Tax Liens Over Security Interests in Commercial Tort Claims: In Re: Payroll Management, Inc.

Priority of Federal Tax Liens Over Security Interests in Commercial Tort Claims: In Re: Payroll Management, Inc.

Date: Jan 14, 2025
Priority of Federal Tax Liens Over Security Interests in Commercial Tort Claims: In Re: Payroll Management, Inc. Introduction The case of Sunz Insurance Company v. Payroll Management, Inc....
Clarification of Jurisdictional Boundaries: Diversity Tort Claims vs FTCA Liability for Federal Prison Contractors

Clarification of Jurisdictional Boundaries: Diversity Tort Claims vs FTCA Liability for Federal Prison Contractors

Date: Jan 14, 2025
Clarification of Jurisdictional Boundaries: Diversity Tort Claims vs FTCA Liability for Federal Prison Contractors Introduction This commentary examines the Eleventh Circuit’s decision in Felipe...
Clarifying the Scope of Rule 11(c)(1)(C) Plea Agreements: Specified Sentence Excludes Mandatory Supervised Release

Clarifying the Scope of Rule 11(c)(1)(C) Plea Agreements: Specified Sentence Excludes Mandatory Supervised Release

Date: Jan 14, 2025
Clarifying the Scope of Rule 11(c)(1)(C) Plea Agreements: Specified Sentence Excludes Mandatory Supervised Release Introduction United States v. Adam H. Smith, decided by the Eleventh Circuit on...
Clarification of Federal Speedy-Trial Triggers and Authentication-Feature Sentencing Enhancements in Identity Theft and Fraud: United States v. Pendergrass

Clarification of Federal Speedy-Trial Triggers and Authentication-Feature Sentencing Enhancements in Identity Theft and Fraud: United States v. Pendergrass

Date: Jan 14, 2025
Clarification of Federal Speedy-Trial Triggers and Authentication-Feature Sentencing Enhancements in Identity Theft and Fraud: United States v. Pendergrass Introduction United States v. Allen J....
Georgia Aggravated Assault with Deadly Weapon as a “Crime of Violence” Under Sentencing Guidelines §4B1.2(a)(2)

Georgia Aggravated Assault with Deadly Weapon as a “Crime of Violence” Under Sentencing Guidelines §4B1.2(a)(2)

Date: Jan 14, 2025
Georgia Aggravated Assault with Deadly Weapon as a “Crime of Violence” Under Sentencing Guidelines §4B1.2(a)(2) Introduction United States v. Omar Miller, decided January 13, 2025 by the Eleventh...
Reaffirmation of Rule 704(b) Application in §2422(b) Cases: United States v. Herrera

Reaffirmation of Rule 704(b) Application in §2422(b) Cases: United States v. Herrera

Date: Jan 13, 2025
Reaffirmation of Rule 704(b) Application in §2422(b) Cases: United States v. Herrera Introduction In the case of United States of America v. Joshua Herrera, the United States Court of Appeals for the...
Eleventh Circuit Upholds 18 U.S.C. § 922(g)(1): Felon Firearm Prohibition Reaffirmed

Eleventh Circuit Upholds 18 U.S.C. § 922(g)(1): Felon Firearm Prohibition Reaffirmed

Date: Jan 13, 2025
Eleventh Circuit Upholds 18 U.S.C. § 922(g)(1): Felon Firearm Prohibition Reaffirmed Introduction The case of United States of America v. Johnathan Anton Williams revolves around Williams's...
Eleventh Circuit Upholds Asylum Denials for Brazilian Family Under Particular Social Group Standard

Eleventh Circuit Upholds Asylum Denials for Brazilian Family Under Particular Social Group Standard

Date: Jan 13, 2025
Eleventh Circuit Upholds Asylum Denials for Brazilian Family Under Particular Social Group Standard Introduction In the case of MAYKON DE BORBA OLIVEIRA, JHENYFER MARIA CARVALHO OLIVEIRA, OHANA...
Mandatory Consideration of Sentencing Guidelines: United States v. Marquis Donnell Jones

Mandatory Consideration of Sentencing Guidelines: United States v. Marquis Donnell Jones

Date: Jan 13, 2025
Mandatory Consideration of Sentencing Guidelines: United States v. Marquis Donnell Jones Introduction The case of United States of America v. Marquis Donnell Jones represents a pivotal moment in the...
Clarifying Appellate Review Limitations of Remand Orders Under 28 U.S.C. §1447(d): Myers v. Naples Golf and Beach Club

Clarifying Appellate Review Limitations of Remand Orders Under 28 U.S.C. §1447(d): Myers v. Naples Golf and Beach Club

Date: Jan 13, 2025
Clarifying Appellate Review Limitations of Remand Orders Under 28 U.S.C. §1447(d): Myers v. Naples Golf and Beach Club Introduction The case of In re: Gregory Brian Myers, Debtor v. Naples Golf and...
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