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11th Circuit Case Commentaries

Harmless-Error Review Governs Early Denials of Compassionate Release Without a Reply; § 3553(a) Discretion Alone Can Sustain Denial

Harmless-Error Review Governs Early Denials of Compassionate Release Without a Reply; § 3553(a) Discretion Alone Can Sustain Denial

Date: Sep 4, 2025
Harmless-Error Review Governs Early Denials of Compassionate Release Without a Reply; § 3553(a) Discretion Alone Can Sustain Denial Introduction In United States v. Fednert Orisnord, No. 24-12776...
Flexible Daubert Gatekeeping and Circumstantial Proof of “Death Results” under § 841: United States v. Jackasal (11th Cir. 2025)

Flexible Daubert Gatekeeping and Circumstantial Proof of “Death Results” under § 841: United States v. Jackasal (11th Cir. 2025)

Date: Sep 4, 2025
Flexible Daubert Gatekeeping and Circumstantial Proof of “Death Results” under § 841: United States v. Jackasal (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument...
Danger Finding Alone Bars Compassionate Release, Despite First Step Act Anti‑Stacking and Concepcion: Eleventh Circuit’s Decision in United States v. Harrell

Danger Finding Alone Bars Compassionate Release, Despite First Step Act Anti‑Stacking and Concepcion: Eleventh Circuit’s Decision in United States v. Harrell

Date: Sep 4, 2025
Danger Finding Alone Bars Compassionate Release, Despite First Step Act Anti‑Stacking and Concepcion: Eleventh Circuit’s Decision in United States v. Harrell Court: U.S. Court of Appeals for the...
“More Than Minimal Planning” Includes Coordinated Travel and Instrument Procurement; Upward Variance for “Terroristic” Violence Affirmed — Commentary on United States v. Ruark (11th Cir. 2025)

“More Than Minimal Planning” Includes Coordinated Travel and Instrument Procurement; Upward Variance for “Terroristic” Violence Affirmed — Commentary on United States v. Ruark (11th Cir. 2025)

Date: Sep 4, 2025
“More Than Minimal Planning” Includes Coordinated Travel and Instrument Procurement; Upward Variance for “Terroristic” Violence Affirmed Commentary on United States v. Shawn Ruark, No. 24-11672 (11th...
Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge

Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge

Date: Sep 4, 2025
Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge Case: United States v. Nikequis Lachristopher Green, No. 24-11526 (11th Cir....
No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC

No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC

Date: Sep 2, 2025
No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC Introduction In Deutsche Bank National Trust Company v....
No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4

No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4

Date: Sep 2, 2025
No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4 Case: Julio Connor-Molina v. U.S....
Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison

Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison

Date: Sep 2, 2025
Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument Calendar,...
Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger

Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger

Date: Sep 2, 2025
Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger Introduction In United States v. Arael Martinez Perez, the U.S. Court of...
“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN

“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN

Date: Sep 2, 2025
“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN Introduction In Alan M. Dershowitz v. Cable News Network,...
No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute

No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute

Date: Aug 31, 2025
No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute Introduction In ECB...
CDIU Reports as Reliable Hearsay and a Basis to Discount Medical Opinions under Post‑2017 SSA Rules: Eleventh Circuit Clarifies in Gonzalez Castillo v. Commissioner

CDIU Reports as Reliable Hearsay and a Basis to Discount Medical Opinions under Post‑2017 SSA Rules: Eleventh Circuit Clarifies in Gonzalez Castillo v. Commissioner

Date: Aug 31, 2025
CDIU Reports as Reliable Hearsay and a Basis to Discount Medical Opinions under Post‑2017 SSA Rules Commentary on: Marta Gonzalez Castillo v. Commissioner of Social Security (11th Cir. Aug. 27, 2025)...
Unchallenged Vocational Expert Testimony Suffices at Step Five; No Sua Sponte Duty to Verify Job Numbers: Eleventh Circuit in Screen v. Acting Commissioner of Social Security

Unchallenged Vocational Expert Testimony Suffices at Step Five; No Sua Sponte Duty to Verify Job Numbers: Eleventh Circuit in Screen v. Acting Commissioner of Social Security

Date: Aug 31, 2025
Unchallenged Vocational Expert Testimony Suffices at Step Five; No Sua Sponte Duty to Verify Job Numbers: Eleventh Circuit in Screen v. Acting Commissioner of Social Security Court: U.S. Court of...
Experience-Based Premium Rates and Private Fee Awards: Eleventh Circuit Affirms Lodestar Flexibility and Rejects Excessive Fines Challenge in Sanctions-Fee Case

Experience-Based Premium Rates and Private Fee Awards: Eleventh Circuit Affirms Lodestar Flexibility and Rejects Excessive Fines Challenge in Sanctions-Fee Case

Date: Aug 31, 2025
Experience-Based Premium Rates and Private Fee Awards: Eleventh Circuit Affirms Lodestar Flexibility and Rejects Excessive Fines Challenge in Sanctions-Fee Case Introduction In Spencer Sheehan v. Big...
Seriousness Over Statistical Averages: Eleventh Circuit Affirms Broad District Court Discretion Under § 3553(a) in Child‑Pornography Sentencing

Seriousness Over Statistical Averages: Eleventh Circuit Affirms Broad District Court Discretion Under § 3553(a) in Child‑Pornography Sentencing

Date: Aug 31, 2025
Seriousness Over Statistical Averages: Eleventh Circuit Affirms Broad District Court Discretion Under § 3553(a) in Child‑Pornography Sentencing Case: United States v. Jonathon Fernandez‑Herak, Nos....
Eleventh Circuit reaffirms discretion to prioritize offense seriousness over national sentencing averages under § 3553(a), upholding a below‑Guidelines sentence for child‑pornography distribution

Eleventh Circuit reaffirms discretion to prioritize offense seriousness over national sentencing averages under § 3553(a), upholding a below‑Guidelines sentence for child‑pornography distribution

Date: Aug 31, 2025
Eleventh Circuit reaffirms discretion to prioritize offense seriousness over national sentencing averages under § 3553(a), upholding a below‑Guidelines sentence for child‑pornography distribution...
No Safe Harbor in Broad, Circular “Professional” Groups: Eleventh Circuit Affirms Non‑Cognizability of Gang‑Targeted Professionals and Reiterates that Credibility Alone Does Not Compel Asylum

No Safe Harbor in Broad, Circular “Professional” Groups: Eleventh Circuit Affirms Non‑Cognizability of Gang‑Targeted Professionals and Reiterates that Credibility Alone Does Not Compel Asylum

Date: Aug 31, 2025
No Safe Harbor in Broad, Circular “Professional” Groups: Eleventh Circuit Affirms Non‑Cognizability of Gang‑Targeted Professionals and Reiterates that Credibility Alone Does Not Compel Asylum Case:...
Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity

Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity

Date: Aug 31, 2025
Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity Case: Brandon Joseph Phillips v....
Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings

Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings

Date: Aug 31, 2025
Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings Introduction In Keriekan Palmer v. U.S. Attorney...
Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants

Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants

Date: Aug 31, 2025
Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants Case: Laura Perryman v. Tarek Kiem, et al. (In re Micron Devices) Court: U.S. Court of Appeals for the...
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