11th Circuit Case Commentaries

A Convincing Mosaic Must Support a Reasonable Inference of Discrimination, and a Voluntary Resignation Is Not an Adverse Employment Action

Date: Sep 30, 2026

A Convincing Mosaic Must Support a Reasonable Inference of Discrimination, and a Voluntary Resignation Is Not an Adverse Employment Action Case: Tara Burge v. Sheriff of Manatee County, Florida...

Binding Eleventh Circuit Precedent Forecloses As-Applied Second Amendment Challenges to the Federal Felon-in-Possession Ban

Date: Sep 30, 2026

Binding Eleventh Circuit Precedent Forecloses As-Applied Second Amendment Challenges to the Federal Felon-in-Possession Ban Case: United States v. Donald Parr Court: United States Court of Appeals...

A Pro Se Litigant’s Refusal to Amend Leaves With-Prejudice Dismissal of a Shotgun Pleading Intact

Date: Sep 30, 2026

A Pro Se Litigant’s Refusal to Amend Leaves With-Prejudice Dismissal of a Shotgun Pleading Intact Case: Jose Yeyille v. Greenberg Traurig, P.A. Court: United States Court of Appeals for the Eleventh...

Post-Sentence Exposure Preserves the Fifth Amendment Privilege, and Evidence of Both Knowledge and Willful Blindness Supports a Deliberate-Ignorance Instruction

Date: Sep 30, 2026

Post-Sentence Exposure Preserves the Fifth Amendment Privilege, and Evidence of Both Knowledge and Willful Blindness Supports a Deliberate-Ignorance Instruction Case: United States v. Carla Jackson...

A Nonappealable Interlocutory Appeal Does Not Halt District-Court Proceedings, and an Uncorrected Shotgun Pleading May Be Dismissed with Prejudice

Date: Sep 29, 2026

A Nonappealable Interlocutory Appeal Does Not Halt District-Court Proceedings, and an Uncorrected Shotgun Pleading May Be Dismissed with Prejudice Case: Gloria Evans Mickens v. Tyrec Baker Court:...

Deadly Force Against an Unarmed Attacker: A Reasonably Perceived Threat of Serious Physical Harm Is Enough

Date: Sep 24, 2026

Deadly Force Against an Unarmed Attacker: A Reasonably Perceived Threat of Serious Physical Harm Is Enough Chanda Callaway v. Mason Adcock · United States Court of Appeals for the Eleventh Circuit ·...

United States v. McCabe: Connected Offenses May Be Tried Together Despite Their Different Subject Matter

Date: Sep 24, 2026

Connected Offenses May Be Tried Together Despite Their Different Subject Matter United States v. Dustin Sean McCabe — U.S. Court of Appeals for the Eleventh Circuit, September 22, 2026 (unpublished)...

Adverse Credibility and Exhaustion of Independent Torture-Protection Claims

Date: Sep 24, 2026

Adverse Credibility and Exhaustion of Independent Torture-Protection Claims Henry Alejandro Salazar Delgado v. U.S. Attorney General, No. 25-12847 (11th Cir. Sept. 21, 2026) (not for publication)....

Marketwide Price Increases Can Plausibly Plead a Sherman Act Claim Without Pricing Methodology

Date: Sep 24, 2026

Marketwide Price Increases Can Plausibly Plead a Sherman Act Claim Without Pricing Methodology Case: OJ Commerce, LLC v. National Christmas Products, LLC | Court: U.S. Court of Appeals for the...

Threat-Sentencing Enhancement May Rest on Preparatory Conduct Even When Arrest Prevents the Threat

Date: Sep 24, 2026

Preparatory Conduct Can Support a Threat-Sentencing Enhancement Even When Arrest Prevents the Threat Introduction In United States v. Kyle S. Hinderer (Eleventh Circuit, September 22, 2026), Kyle...

A Within-Guidelines Sentence May Stand Despite a Challenge to the Computer-Use Enhancement

Date: Sep 23, 2026

A Within-Guidelines Sentence May Stand Despite a Challenge to the Computer-Use Enhancement United States v. Brett Reichold — U.S. Court of Appeals for the Eleventh Circuit, September 22, 2026...

Raspberry Pi “Scanning Receiver” as U.S.S.G. § 2B1.1(b)(11)(A)(i) Device-Making Equipment; PSI Notice Satisfied by Application Note 10(A) Cross-References

Date: Sep 22, 2026

Raspberry Pi “Scanning Receiver” as U.S.S.G. § 2B1.1(b)(11)(A)(i) Device-Making Equipment; PSI Notice Satisfied by Application Note 10(A) Cross-References 1. Introduction United States v. Karol...

United States v. Davis: Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Matters for Allegedly Coaching Instructions

Date: Sep 20, 2026

Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Controls Whether Officers “Coached” an Identification Case: United States v. Leonon Ricky Davis (11th Cir. Sept....

Willful Discovery Noncompliance Warrants Dismissal with Prejudice Under Rules 41(b) and 37—Even for Pro Se Litigants After Clear Warnings

Date: Sep 20, 2026

Willful Discovery Noncompliance Warrants Dismissal with Prejudice Under Rules 41(b) and 37—Even for Pro Se Litigants After Clear Warnings 1. Introduction In Paula Willis v. Lockheed Martin...

U.S.S.G. § 2K2.1(b)(4)(B)(i) After the 2024 Amendment: A Scratched-but-Legible Serial Number Does Not Trigger the Enhancement

Date: Sep 20, 2026

U.S.S.G. § 2K2.1(b)(4)(B)(i) After the 2024 Amendment: A Scratched-but-Legible Serial Number Does Not Trigger the Enhancement I. Introduction United States v. Eddie Flournah, Jr. (11th Cir. Sept. 18,...

Under Amended U.S.S.G. § 2K2.1(b)(4)(B)(i), a Scratched-but-Legible Serial Number Does Not Trigger the Enhancement; Government Must Prove Illegibility to the Unaided Eye

Date: Sep 20, 2026

Under Amended U.S.S.G. § 2K2.1(b)(4)(B)(i), a Scratched-but-Legible Serial Number Does Not Trigger the Enhancement; Government Must Prove Illegibility to the Unaided Eye Introduction In United States...

CyberTip-Based Warrants and the Leon Good-Faith Exception: NCMEC Reliability as “Indicia of Probable Cause”

Date: Sep 19, 2026

CyberTip-Based Warrants and the Leon Good-Faith Exception: NCMEC Reliability as “Indicia of Probable Cause” Case: United States v. Kevan Carter Gibbs, II (11th Cir. Sept. 17, 2026) 1. Introduction In...

Revocation Sentences May Run Consecutively to Related State Time Without Full “Credit” — Eleventh Circuit Affirms Within-Discretion Deterrence Focus

Date: Sep 19, 2026

Revocation Sentences May Run Consecutively to Related State Time Without Full “Credit” — Eleventh Circuit Affirms Within-Discretion Deterrence Focus 1. Introduction In United States v. Robert Lee...

Prison Mailbox Rule Bars Rule 41(b) Dismissal for “Failure to File” When an Amended Complaint Was Signed and Delivered for Mailing Before the Dismissal Order

Date: Sep 19, 2026

Prison Mailbox Rule Bars Rule 41(b) Dismissal for “Failure to File” When an Amended Complaint Was Signed and Delivered for Mailing Before the Dismissal Order 1. Introduction In Shaun Stewart v. Ried...

Harmless-Error Affirmance of Disputed Guideline Adjustments When the District Court Announces an Identical Alternative Sentence

Date: Sep 19, 2026

Harmless-Error Affirmance of Disputed Guideline Adjustments When the District Court Announces an Identical Alternative Sentence Case: United States v. George Willie Hughley (11th Cir. Sept. 17, 2026)...