11th Circuit Case Commentaries

United States v. Mirasol: Re-affirming that Correct Guideline Calculation Alone Satisfies the § 3553(a)(6) “Sentence-Disparity” Inquiry

Date: Jun 30, 2025

United States v. Mirasol: Re-affirming that Correct Guideline Calculation Alone Satisfies the § 3553(a)(6) “Sentence-Disparity” Inquiry Introduction In United States v. Arvin Joseph Mirasol, No....

“Knowledge & Intent Trump Stipulation” – The Eleventh Circuit’s Rule-404(b) Clarification in United States v. Whitfield

Date: Jun 30, 2025

“Knowledge & Intent Trump Stipulation” – The Eleventh Circuit’s Rule-404(b) Clarification in United States v. Whitfield Introduction On 24 June 2025, the Eleventh Circuit decided United States v....

Resentencing in the Eleventh Circuit after a Taylor-Based § 2255 Vacatur: Scope, Limits, and the “One-Claim Only” Rule

Date: Jun 30, 2025

Resentencing in the Eleventh Circuit after a Taylor-Based § 2255 Vacatur: Scope, Limits, and the “One-Claim Only” Rule 1. Introduction In United States v. Michael Shane Ragland, No. 23-12278 (11th...

Collective Inconsistencies & Post-Santos-Zocaria Exhaustion: Commentary on Abdul Ohab v. U.S. Attorney General (11th Cir. 2025)

Date: Jun 30, 2025

Collective Inconsistencies & Post-Santos-Zocaria Exhaustion Commentary on Abdul Ohab v. U.S. Attorney General 1. Introduction In Abdul Ohab v. U.S. Attorney General, the Eleventh Circuit Court of...

“No Representation by Proxy”: The Eleventh Circuit Re-affirms Pro-Se Limits, Rule 4(i) Service, and Bivens Restraints in Akash Dixit v. Vincent Fairnot

Date: Jun 30, 2025

“No Representation by Proxy”: The Eleventh Circuit Re-affirms Pro-Se Limits, Rule 4(i) Service, and Bivens Restraints in Akash Dixit v. Vincent Fairnot Introduction The unpublished decision of the...

Divestiture Doctrine Meets Core Proceedings: Eleventh Circuit Holds that Pending Appeals Do Not Halt Claim-Allowance Litigation – Commentary on Alice Guan v. Ellingsworth Residential Community Association, Inc.

Date: Jun 30, 2025

Divestiture Doctrine Meets Core Proceedings: Eleventh Circuit Holds that Pending Appeals Do Not Halt Claim-Allowance Litigation Introduction Alice Guan, homeowner and erstwhile litigant against her...

Refining the Comparator Standard in Federal-Sector Gender Discrimination Claims: A Commentary on Marshall v. Secretary of the Navy (11th Cir. 2025)

Date: Jun 30, 2025

Refining the Comparator Standard in Federal-Sector Gender Discrimination Claims: A Commentary on Marshall v. Secretary of the Navy (11th Cir. 2025) 1. Introduction Jonathan Marshall, a Navy...

“The Family Time Doctrine”: Eleventh Circuit Holds that Alleged Post-Service Damage Does Not Defeat a Maritime Lien and Confirms Expedited Sale Power after Owner’s Delay

Date: Jun 30, 2025

“The Family Time Doctrine”: Eleventh Circuit Holds that Alleged Post-Service Damage Does Not Defeat a Maritime Lien and Confirms Expedited Sale Power after Owner’s Delay Introduction In Naval...

United States v. Chandler and the Eleventh Circuit’s Post-Loper Bright Endorsement of Kisor Deference to Sentencing-Guidelines Commentary

Date: Jun 30, 2025

United States v. Chandler and the Eleventh Circuit’s Post-Loper Bright Endorsement of Kisor Deference to Sentencing-Guidelines Commentary Introduction In United States v. Gregory Chandler, Jr., Nos....

Reaffirming Kisor Deference and the 75-to-1 Video-Image Ratio under U.S.S.G. §2G2.2: A Commentary on United States v. Gregory Chandler, Jr.

Date: Jun 30, 2025

Reaffirming Kisor Deference and the 75-to-1 Video-Image Ratio under U.S.S.G. § 2G2.2 – Commentary on United States v. Gregory Chandler, Jr. 1. Introduction In United States v. Gregory Chandler, Jr.,...

United States v. Lawson: Clarifying “Reasonable Delay” for Digital-Device Search Warrants in Complex Fraud Investigations

Date: Jun 30, 2025

United States v. Lawson: Clarifying “Reasonable Delay” for Digital-Device Search Warrants in Complex Fraud Investigations 1. Introduction The Eleventh Circuit’s unpublished decision in United States...

United States v. Kelvontae Brown: Eleventh Circuit Re-Affirms the Presumptive Constitutionality of 18 U.S.C. § 922(g)(1) After Bruen and Rahimi

Date: Jun 30, 2025

United States v. Kelvontae Brown: Eleventh Circuit Re-Affirms the Presumptive Constitutionality of 18 U.S.C. § 922(g)(1) After Bruen and Rahimi 1. Introduction United States v. Kelvontae Brown, No....

Post-Erlinger Plain-Error Rule for ACCA “Different Occasions”: Defendant Must Show a Reasonable Probability a Jury Would Reject Separation

Date: Jun 28, 2025

Post-Erlinger Plain-Error Rule for ACCA “Different Occasions”: Defendant Must Show a Reasonable Probability a Jury Would Reject Separation Case: United States v. Shadon Edwards (11th Cir. June 27,...

“Structuring” Terminology Does Not Constructively Amend a § 5324(a)(1) Indictment When the Jury Is Properly Charged and Aggregation Evidence Shows a Triggered CTR Duty

Date: Jun 26, 2025

“Structuring” Terminology Does Not Constructively Amend a § 5324(a)(1) Indictment When the Jury Is Properly Charged and Aggregation Evidence Shows a Triggered CTR Duty Introduction In United States...

Public BitTorrent Sharing Eliminates Fourth Amendment Protection Against Torrential Downpour Downloads; Rule 403 Review Duty Triggered by Specific Objections

Date: Jun 24, 2025

Public BitTorrent Sharing Eliminates Fourth Amendment Protection Against Torrential Downpour Downloads; Rule 403 Review Duty Triggered by Specific Objections Case: United States v. Andrew Ewing (11th...

Body-Camera-Controlled Reasonableness: Resistance to Handcuffing Defeats Excessive-Force and Derivative Monell Claims

Date: Jun 24, 2025

Body-Camera-Controlled Reasonableness: Resistance to Handcuffing Defeats Excessive-Force and Derivative Monell Claims I. Introduction Case: Jamie Cunningham v. Cobb County, Georgia (11th Cir. June...

TVPA Equitable Tolling Must Be Anchored to Claim Discoverability (Not Trial-Ready Proof) and Requires Specific Fact Findings; Successor Estate Representatives May Inherit Predecessor Diligence

Date: Jun 24, 2025

TVPA Equitable Tolling Must Be Anchored to Claim Discoverability (Not Trial-Ready Proof) and Requires Specific Fact Findings; Successor Estate Representatives May Inherit Predecessor Diligence Case:...

Inventory Searches Need Not Be “All-or-Nothing”: Pausing an Inventory to Seek a Warrant Does Not Defeat the Inventory-Search Exception

Date: Jun 24, 2025

Inventory Searches Need Not Be “All-or-Nothing”: Pausing an Inventory to Seek a Warrant Does Not Defeat the Inventory-Search Exception Case: United States v. Javarese Holmes (11th Cir. June 23, 2025)...

Post–Loper Bright “Particular Social Group” in the Eleventh Circuit: Perez-Zenteno’s Factors Remain Binding and Broad “Perceived Wealth” Groups Are Not Cognizable

Date: Jun 24, 2025

Post–Loper Bright “Particular Social Group” in the Eleventh Circuit: Perez-Zenteno’s Factors Remain Binding and Broad “Perceived Wealth” Groups Are Not Cognizable Case: Maria Mejia Ponce v. U.S....

Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud

Date: Jun 23, 2025

Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud 1. Introduction In Gent Row, LLC v. Truist Financial Corporation, No. 24-10387...