11th Circuit Case Commentaries

Criminal FCA Estoppel for PPP Fraud and Standalone Excessive-Fines Review (No Restitution Aggregation)

Date: Aug 26, 2026

Criminal FCA Estoppel for PPP Fraud and Standalone Excessive-Fines Review (No Restitution Aggregation) 1. Introduction United States of America, ex rel. Ruth Collins v. Shelitha Renee Robertson (11th...

Demand-for-Cash Alone Satisfies “Intimidation” Under 18 U.S.C. § 2113(a) in Suspected Bank Robberies

Date: Aug 26, 2026

Demand-for-Cash Alone Satisfies “Intimidation” Under 18 U.S.C. § 2113(a) in Suspected Bank Robberies 1. Introduction United States v. Keith Bernard Miller (11th Cir. Aug. 24, 2026) is a consolidated...

Demand-for-Cash Rule: A Bank-Robbery Demand Alone Establishes “Intimidation” Under 18 U.S.C. § 2113(a)

Date: Aug 26, 2026

Demand-for-Cash Rule: A Bank-Robbery Demand Alone Establishes “Intimidation” Under 18 U.S.C. § 2113(a) Case: United States v. Keith Bernard Miller (11th Cir. Aug. 24, 2026) Issue: Whether passing a...

Eleventh Circuit: No Per Se Renewed Faretta Hearing After Superseding Indictment; Child-Witness Two-Way CCTV Permissible Even Against a Pro Se Defendant

Date: Aug 26, 2026

Eleventh Circuit: No Per Se Renewed Faretta Hearing After Superseding Indictment; Child-Witness Two-Way CCTV Permissible Even Against a Pro Se Defendant I. Introduction In United States v. Samuel...

Rule 25’s 90-Day Clock Runs Absent a Successor/Representative, and Unserved Defendants Cannot Be Dismissed With Prejudice

Date: Aug 26, 2026

Rule 25’s 90-Day Clock Runs Absent a Successor/Representative, and Unserved Defendants Cannot Be Dismissed With Prejudice Case: Jeevan Malhotra v. Ajit Kumar (11th Cir. Aug. 24, 2026) (per curiam)...

Cancellation of Removal Hardship Review: Deferential Substantial-Evidence Scrutiny and the Required Showing of Unavailable Medical Care Abroad

Date: Aug 26, 2026

Cancellation of Removal Hardship Review: Deferential Substantial-Evidence Scrutiny and the Required Showing of Unavailable Medical Care Abroad Case: Pranaykumar Umedbhai Patel v. U.S. Attorney...

Downing: Conclusory Group Pleading Fails Under Iqbal/Twombly; Monell Amendment Futile Without Policy/Custom; Pro Se Appellate Abandonment

Date: Aug 26, 2026

Conclusory “Group Pleading” Cannot Sustain a Pro Se § 1983 Claim; Monell Amendment Is Futile Absent an Alleged Policy/Custom; Issues Not Briefed in the Opening Appeal Are Abandoned 1. Introduction In...

Supervised-Release No-Contact Conditions Upheld When Tied to § 3553(a) and Supported by Reliable Corroborated Hearsay

Date: Aug 26, 2026

Supervised-Release No-Contact Conditions Upheld When Tied to § 3553(a) and Supported by Reliable Corroborated Hearsay 1. Introduction In United States v. Antonio Oscar Tatum (11th Cir. Aug. 24, 2026)...

Jurisdiction First: Speculative Traceability Defeats Article III Standing and Requires a Without-Prejudice Dismissal

Date: Aug 26, 2026

Jurisdiction First: Speculative Traceability Defeats Article III Standing and Requires a Without-Prejudice Dismissal 1. Introduction Fiona Blair v. President and Fellows of Harvard College (11th Cir....

Title IX “Before-the-Fact” Liability: Hiring/Retention Deliberate Indifference Based on Known Prior Sexual-Misconduct Suspension

Date: Aug 26, 2026

Title IX “Before-the-Fact” Liability: Hiring/Retention Deliberate Indifference Based on Known Prior Sexual-Misconduct Suspension Case: Jane Doe, II v. Founding Fourteen, Inc (11th Cir. Aug. 21, 2026)...

Unimplemented Criminal-Code Changes and Family Threats Do Not Establish “Material Changed Country Conditions” to Excuse Untimely, Number-Barred Motions to Reopen

Date: Aug 26, 2026

Unimplemented Criminal-Code Changes and Family Threats Do Not Establish “Material Changed Country Conditions” to Excuse Untimely, Number-Barred Motions to Reopen 1. Introduction In Masri Sastrawan v....

United States v. Braxton: General Sentencing Objection Forfeits Specific Procedural Claims; § 3553(c) Satisfied When Reasons Are Clear From the Record

Date: Aug 26, 2026

United States v. Braxton: General Sentencing Objection Forfeits Specific Procedural Claims; § 3553(c) Satisfied When Reasons Are Clear From the Record Court: U.S. Court of Appeals for the Eleventh...

Explicit Sentencing Findings Required for §2D1.1(b)(1) Firearm Enhancements—Especially When Based on Co‑Conspirator Conduct

Date: Aug 26, 2026

Explicit Sentencing Findings Required for § 2D1.1(b)(1) Firearm Enhancements—Especially When Based on Co‑Conspirator Conduct Case: United States v. Victor Uriel Diego Estrada (11th Cir. Aug. 21,...

Florida Robbery by Sudden Snatching Categorically Qualifies as an INA “Theft Offense” Aggravated Felony

Date: Aug 24, 2026

Florida Robbery by Sudden Snatching Categorically Qualifies as an INA “Theft Offense” Aggravated Felony 1. Introduction In Rishi Ramdial v. U.S. Attorney General (11th Cir. Aug. 21, 2026), the...

Pro Se PLRA Three-Strikes Screening: R&R Objections Alleging Imminent Danger Must Be Treated as a Rule 15 Amendment or Motion to Amend

Date: Aug 24, 2026

Pro Se PLRA Three-Strikes Screening: R&R Objections Alleging Imminent Danger Must Be Treated as a Rule 15 Amendment or Motion to Amend 1. Introduction In John Wilson, Jr. v. Secretary, Florida...

Impeachment-Only, Ambiguous “Admission” Does Not Render a Trial Fundamentally Unfair; AEDPA Deference to Chapman Harmlessness and Independent Brecht Review

Date: Aug 24, 2026

Impeachment-Only, Ambiguous “Admission” Does Not Render a Trial Fundamentally Unfair; AEDPA Deference to Chapman Harmlessness and Independent Brecht Review I. Introduction In Wakilii Brown v....

Rule 11(b)(1)(O) Plain-Error Vacatur: Immigration Advisement Cannot Be Deemed Immaterial for Unlawfully Present Noncitizens

Date: Aug 24, 2026

Rule 11(b)(1)(O) Plain-Error Vacatur: Immigration Advisement Cannot Be Deemed Immaterial for Unlawfully Present Noncitizens Introduction In United States v. Andres Alvarado (11th Cir. Aug. 18, 2026)...

Standing Bar to Equal-Protection Claims Based on Nonprosecution, and Renewed Emphasis on State-Remedy Prerequisites for Procedural Due Process

Date: Aug 21, 2026

Standing Bar to Equal-Protection Claims Based on Nonprosecution, and Renewed Emphasis on State-Remedy Prerequisites for Procedural Due Process I. Introduction Chase Peden v. Glenn Stephens (11th Cir....

No Plain-Error Relief for § 1028A Mandatory Minimum Home-Detention Requests Absent Controlling Authority

Date: Aug 21, 2026

No Plain-Error Relief for § 1028A Mandatory Minimum Home-Detention Requests Absent Controlling Authority Case: United States v. Allen Pendergrass (11th Cir. Aug. 19, 2026) (per curiam, not for...

Bad-Faith Requirement for § 1983 Evidence-Fabrication Claims Arising from State Ethics Investigations

Date: Aug 21, 2026

Bad-Faith Requirement for § 1983 Evidence-Fabrication Claims Arising from State Ethics Investigations 1. Introduction In Ernest N. Finley, Jr. v. Thomas Albritton (11th Cir. Aug. 17, 2026), Chief...