Every decision we've summarized from United States Court of Appeals for the Eleventh Circuit.
The Eleventh Circuit granted appointed counsel's motion to withdraw from representation after an independent review found no arguable issues for appeal. The court affirmed the defendant's convictions and sentences, concluding the record revealed a complete lack of merit in his challenges.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's order was not a final judgment. The appellate court lacks jurisdiction to review partial dismissals that leave other claims pending without proper certification.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act for drug trafficking occurring within a foreign nation's Exclusive Economic Zone. The court held that Congress possesses authority under the Felonies Clause to prosecute such conduct and that a vessel becomes subject to U.S. jurisdiction when its master fails to claim nationality.
The Eleventh Circuit affirmed a 60-month prison sentence for a defendant who made multiple interstate threats against a federal judge and her family. The court held that the district court acted within its discretion to impose an upward variance based on the premeditated and terroristic nature of the conduct, despite the defendant's arguments regarding mitigating personal history.
The Eleventh Circuit affirmed the denial of attorneys' fees to homeowners whose foreclosure case was dismissed due to the lender's failure to serve process within the required timeframe. The court held that a procedural dismissal without prejudice does not constitute a victory on the merits required to trigger fee-shifting statutes under Florida law.
The Eleventh Circuit affirmed David Gerome Kennedy's 180-month sentence for drug conspiracy and possession, rejecting his claim that the district court plainly erred in applying sentencing enhancements for firearm possession and maintaining a premises for drug distribution. The court found sufficient evidence that Kennedy possessed firearms related to his drug trafficking and used the Milton residence as a primary site for distributing controlled substances.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act for drug trafficking occurring within Colombia's Exclusive Economic Zone. The court rejected arguments that the statute is unconstitutional or lacks jurisdictional nexus, holding that the vessel was stateless because the master failed to claim nationality.
The Eleventh Circuit affirmed drug trafficking convictions under the Maritime Drug Law Enforcement Act, rejecting challenges that the statute lacks constitutional authority over offenses in foreign Exclusive Economic Zones. The court held that the vessel was subject to U.S. jurisdiction because the master failed to claim nationality, and that foreign cooperation does not strip American courts of authority.
The Eleventh Circuit affirmed Mitzi Bickers's 144-month sentence and restitution order, ruling that any procedural error regarding acquitted conduct was harmless. The court further held that Bickers waived her challenge to the restitution amount under the law-of-the-case doctrine.
The Eleventh Circuit granted appointed counsel's motion to withdraw after an independent review found no arguable issues for appeal. The court affirmed Lorenzo Heatrice's convictions and sentences without addressing specific legal standards or statutes.