11th Circuit Case Commentaries

Upward Variances for Aggravated Reentry: Heavy Weight on Criminal History and “Apples-to-Apples” Limits on Codefendant Disparity Claims

Date: Sep 3, 2026

Upward Variances for Aggravated Reentry: Heavy Weight on Criminal History and “Apples-to-Apples” Limits on Codefendant Disparity Claims 1. Introduction United States v. Cesar Alvarez (11th Cir. Sept....

Attributing Co‑Conspirator Losses Under U.S.S.G. § 1B1.3: Undisputed PSR Facts and Agent Testimony Can Establish Reasonable Foreseeability of Later Fraudulent Orders

Date: Sep 3, 2026

Attributing Co‑Conspirator Losses Under U.S.S.G. § 1B1.3: Undisputed PSR Facts and Agent Testimony Can Establish Reasonable Foreseeability of Later Fraudulent Orders Introduction In United States v....

Driving an Armed Passenger to a Drug Deal Constitutes “Transport[ing]” a Firearm “in Connection With” the Offense Under U.S.S.G. § 4C1.1(a)(7)

Date: Sep 3, 2026

Driving an Armed Passenger to a Drug Deal Constitutes “Transport[ing]” a Firearm “in Connection With” the Offense Under U.S.S.G. § 4C1.1(a)(7) Introduction In United States v. Jose David Figueroa...

Potential-to-Facilitate Rule for §2K2.1(b)(6)(B) During Vehicular Flight; No Double Counting with §3C1.2

Date: Sep 3, 2026

Potential-to-Facilitate Rule for U.S.S.G. §2K2.1(b)(6)(B) During Vehicular Flight; No Impermissible Double Counting with §3C1.2 Case: United States v. Taris Devoe Hollomon (11th Cir. Sept. 1, 2026)...

PFAS Disclaimers Cannot Defeat Federal-Officer Removal When the Gravamen Is Riverwide Contamination and a Contractor Plausibly Links AFFF to the Harm

Date: Sep 3, 2026

PFAS Disclaimers Cannot Defeat Federal-Officer Removal When the Gravamen Is Riverwide Contamination and a Contractor Plausibly Links AFFF to the Harm Case: The Town of Pine Hill, Alabama v. 3M...

Procedural Reasonableness: No Error When a District Court Omits Explicit Discussion of a Psychological Evaluation Yet Acknowledges and Applies § 3553(a)

Date: Sep 3, 2026

Procedural Reasonableness: No Error When a District Court Omits Explicit Discussion of a Psychological Evaluation Yet Acknowledges and Applies § 3553(a) Case: United States v. Edward Cordovez (11th...

Public-Policy Rejection of an Offer-in-Compromise May Stand Despite Collectability Disputes When Undisputed Noncompliance Would Undermine Voluntary Compliance

Date: Sep 3, 2026

Public-Policy Rejection of an Offer-in-Compromise May Stand Despite Collectability Disputes When Undisputed Noncompliance Would Undermine Voluntary Compliance I. Introduction Case: Andrew Filipowski...

Guideline-Driven Statutory-Maximum Revocation Sentences Upheld When Grounded in Deterrence and Public Protection

Date: Sep 3, 2026

Guideline-Driven Statutory-Maximum Revocation Sentences Upheld When Grounded in Deterrence and Public Protection Case: United States v. Christopher Lewis (11th Cir. Sept. 2, 2026) (per curiam)...

Younger Abstention and Judicial Immunity Bar Federal Collateral Attacks Seeking State-Judge Recusal, Case Transfers, and Reversal of Ongoing State Proceedings

Date: Sep 3, 2026

Younger Abstention and Judicial Immunity Bar Federal Collateral Attacks Seeking State-Judge Recusal, Case Transfers, and Reversal of Ongoing State Proceedings 1. Introduction Case: Aymara Sorhegui v....

Federal Illegality Is a Merits Issue, Not a Standing Bar, for Challenges to State Cannabis Licensing; Supremacy-Clause Invalidation Must Redress the Plaintiff’s Injury

Date: Sep 3, 2026

Federal Illegality Is a Merits Issue, Not a Standing Bar, for Challenges to State Cannabis Licensing; Supremacy-Clause Invalidation Must Redress the Plaintiff’s Injury 1. Introduction Georgia Atlas,...

Good-Cause Disclosure of Bank Examination Materials and Prejudgment Interest from a Regulatory Consent-Order Date in Florida Fiduciary-Duty Derivative Actions

Date: Sep 2, 2026

Good-Cause Disclosure of Bank Examination Materials and Prejudgment Interest from a Regulatory Consent-Order Date in Florida Fiduciary-Duty Derivative Actions Case: Bancor Group Inc v. Carlos...

Nondisclosure of Prior Litigation Is Not “Malicious” Under § 1915A(b)(1); Sanctions Must Proceed Under Inherent Powers with Bad-Faith Findings

Date: Sep 2, 2026

Nondisclosure of Prior Litigation Is Not “Malicious” Under § 1915A(b)(1); Sanctions Must Proceed Under Inherent Powers with Bad-Faith Findings Introduction In Edgar Zuniga-Mejia v. Graceville CF...

Failure to Object to a Magistrate Judge’s Report—and Failure to Invoke Civil Plain-Error Review—Waives ADEA Appellate Challenges (11th Cir.)

Date: Sep 2, 2026

Failure to Object to a Magistrate Judge’s Report—and Failure to Invoke Civil Plain-Error Review—Waives ADEA Appellate Challenges (11th Cir.) Introduction Folasade Loye v. Emory University is an...

Merits Judgment Triggers “Second or Successive” § 2255 Status Despite Pending Appeal

Date: Sep 2, 2026

Merits Judgment Triggers “Second or Successive” § 2255 Status Despite Pending Appeal Introduction In Jeffrey Spivack v. United States (11th Cir. Aug. 31, 2026) (per curiam) (not for publication), the...

Martinez Excuses Default, But § 2254(e)(2) Requires Claim-Specific Diligence: An Unrelated State Hearing Request Won’t Unlock a Federal Evidentiary Hearing

Date: Sep 2, 2026

Martinez Excuses Default, But § 2254(e)(2) Requires Claim-Specific Diligence: An Unrelated State Hearing Request Won’t Unlock a Federal Evidentiary Hearing 1. Introduction Orlando Hernandez v....

Mootness Requires Munsingwear Vacatur When a Restitution-Lien Expiration Dispute Becomes Nonjusticiable on Appeal

Date: Sep 2, 2026

Mootness Requires Munsingwear Vacatur When a Restitution-Lien Expiration Dispute Becomes Nonjusticiable on Appeal 1. Introduction In Ralph Pinson v. United States (11th Cir. Aug. 31, 2026) (per...

Residential High-Speed Flight (and Discarding a Loaded Firearm) Supports U.S.S.G. § 3C1.2 Based on Reliable Video Evidence

Date: Sep 2, 2026

Residential High-Speed Flight (and Discarding a Loaded Firearm) Supports U.S.S.G. § 3C1.2 Based on Reliable Video Evidence Introduction In United States v. Sherron Gary (11th Cir. Aug. 31, 2026)...

Displaced Corporate Managers Cannot Assert Company Privilege; Loan-Fraud “Loss” Does Not Require Personal Gain; Restitution Offset Appeals Become Moot Once Credit Is Applied

Date: Sep 2, 2026

Displaced Corporate Managers Cannot Assert Company Privilege; Loan-Fraud “Loss” Does Not Require Personal Gain; Restitution Offset Appeals Become Moot Once Credit Is Applied 1. Introduction Case:...

Eleventh Circuit Clarifies That Routine Supervision, Non-Impactful Evaluations, and Delayed Resignations Do Not Support Title VII Retaliation or Constructive Discharge

Date: Sep 2, 2026

Eleventh Circuit Clarifies That Routine Supervision, Non-Impactful Evaluations, and Delayed Resignations Do Not Support Title VII Retaliation or Constructive Discharge Introduction In William Gary v....

Mass-Shooting Negligence Claims Trigger Assault-and-Battery Sublimits; Settlement Paying the Sublimit Exhausts Coverage and Ends the Insurer’s Defense Duty

Date: Sep 2, 2026

Mass-Shooting Negligence Claims Trigger Assault-and-Battery Sublimits; Settlement Paying the Sublimit Exhausts Coverage and Ends the Insurer’s Defense Duty Introduction Case: James River Insurance...