Every decision we've summarized from United States Court of Appeals for the Eleventh Circuit.
The Eleventh Circuit affirmed the district court's denial of a Rule sixty motion filed by a pro se plaintiff. The court held the appeal was patently frivolous and bound by the law of the case doctrine.
The Eleventh Circuit affirmed a 36-month prison sentence for a supervised release violation, rejecting the defendant's claim that the sentence was substantively unreasonable. The court held that the district court properly weighed the severity of the defendant's drug violations and his lack of candor regarding his treatment plan.
The Eleventh Circuit granted summary disposition in favor of the government, holding that petitioners abandoned their procedural challenge to the Board of Immigration Appeals' handling of their minor son's appeal. The court affirmed the BIA's denial of asylum, withholding of removal, and Convention Against Torture relief without addressing the merits of the procedural argument.
The Eleventh Circuit affirmed Dickenson Elan's RICO conspiracy conviction and 135-month sentence, rejecting challenges to evidence admission and sufficiency of proof. The court held that the district court properly applied sentencing enhancements based on the total economic loss of the tax fraud scheme and did not abuse its discretion in imposing the sentence despite Elan's claims of hardship from future removal to Haiti.
The Eleventh Circuit granted a petition for rehearing to vacate a prior ruling on the retroactive application of the First Step Act. The court now remands the case for resentencing in accordance with the Supreme Court's decision in Hewitt v. United States.
The Eleventh Circuit dismissed Annel Antonio Carrera's appeal as untimely because his notice of appeal was filed more than 30 days after the initial deadline expired. The court also affirmed the district court's denial of his motion for reconsideration, ruling that he failed to present new evidence or legal authority.
The Eleventh Circuit Court of Appeals denied consolidated petitions for review regarding an Afghan national's claims for asylum, withholding of removal, and protection under the Convention Against Torture. The court upheld the Board of Immigration Appeals' factual findings that the petitioner failed to prove past persecution or a well-founded fear of future persecution, concluding that these findings were supported by substantial evidence in the record.
The Eleventh Circuit held that a federal district court retains ancillary jurisdiction to enforce unsatisfied restitution obligations in a criminal case even after a defendant completes her probationary sentence. The court affirmed the lower court's order requiring the defendant to resume payments, rejecting arguments that the case closure or probation expiration divested the court of authority.
The Eleventh Circuit affirmed convictions for Hobbs Act robbery, holding that federal courts have jurisdiction over generally applicable federal crimes committed by Indians against Indians in Indian country. The court also ruled that while the district court erred by failing to perform an on-the-record balancing test before admitting prior conviction evidence, the error was harmless given the strength of the remaining evidence.
The Eleventh Circuit vacated Jimmy Ray Lightsey's sentence, holding that his prior conviction for attempted armed robbery under Florida law does not qualify as a violent felony under the Armed Career Criminal Act. The court determined that the elements of Florida's attempt statute do not always require proof of the use, attempted use, or threatened use of physical force.