Free US Court of Appeals for the Eleventh Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Eleventh Circuit October 10, 2020 |
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Associate Justice Ruth Bader Ginsburg Mar. 15, 1933 - Sep. 18, 2020 | In honor of the late Justice Ruth Bader Ginsburg, Justia has compiled a list of the opinions she authored. For a list of cases argued before the Court as an advocate, see her page on Oyez. |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | “Might as Well Carry a Purse with That Mask, Joe”: COVID-19, Toxic Masculinity, and the Sad State of National Politics | JOANNA L. GROSSMAN, LINDA C. MCCLAIN | | SMU Dedman School of Law professor Joanna L. Grossman and Boston University law professor Linda C. McClain comment on COVID-19, toxic masculinity, and the state of national politics today. Grossman and McClain contrast President Trump’s reckless bravado that endangers the lives of Americans with the empathy of Democratic presidential nominee former Vice President Joe Biden’s in asking people to be patriotic by doing their part by wearing masks to protect other Americans. | Read More | Should Department of Justice Lawyers Defy William Barr? | AUSTIN SARAT | | Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on an open letter addressed to the 100,000 professionals working in the U.S. Department of Justice and published by Lawyers Defending Democracy. In the letter, more than 600 members of the bar from across the United States call on their DOJ colleagues to refrain from “participating in political misuse of the DOJ in the elction period ahead.” Sarat argues that the letter rightly recognizes that Attorney General Barr’s blatant partisanship endangers the integrity of the DOJ itself and its role in preserving the rule of law. | Read More |
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US Court of Appeals for the Eleventh Circuit Opinions | United States v. Gallardo | Docket: 18-11812 Opinion Date: October 9, 2020 Judge: Hull Areas of Law: Criminal Law | The Eleventh Circuit affirmed defendant's conviction and sentence for conspiracy to possess with intent to distribute five kilograms or more of cocaine. The court held that the district court did not abuse its discretion in refusing to declare a mistrial based on an agent's rebuttal testimony; the district court did not err in denying defendant's motion for a new trial where the weight of the evidence sufficiently supported the jury's verdict that the object of the conspiracy was to sell the confidential source five or more kilograms of cocaine; there was no Brady or Giglio error, plain or otherwise, let alone one that affected defendant's substantial rights; the district court did not err, plainly or otherwise, by failing to sua sponte grant defendant a new trial based on the government's alleged sentencing entrapment or sentencing factor manipulation; the district court did not err in calculating defendant's base offense level to be 30 under the sentencing guidelines; and defendant's resulting sentence of 120 months' imprisonment is procedurally reasonable. | | United States v. Gayden | Docket: 18-14182 Opinion Date: October 9, 2020 Judge: Richard C. Tallman Areas of Law: Criminal Law | The Eleventh Circuit affirmed defendant's conviction and sentence for seven counts of unlawful distribution of a controlled substance related to his prior medical practice. The court held that the district court did not abuse its discretion in denying defendant's motion to dismiss the indictment for pre-indictment delay; the district court did not err by denying defendant's motion to suppress evidence obtained from the search of the Prescription Drug Monitoring Program because defendant did not have a reasonable expectation of privacy in the prescriptions he wrote for his patients, and evidence of patient files stored at defendant's mother's home because the warrant was amply supported by facts establishing probable cause; the district court did not err by denying defendant's motion to exclude the government's expert witness under the Daubert standard; and there was no cumulative error. The court also held that defendant's sentence was procedurally reasonable where the district court properly calculated his Guidelines sentence and applied a two-level offense for obstruction of justice under USSG 3C1.1. Finally, defendant's sentence was substantively reasonable where the district court considered mitigation evidence, sentenced defendant at the low end of his Guidelines range, and did not abuse its discretion in sentencing him to 235 months. | | United States v. Iriele | Docket: 17-13455 Opinion Date: October 9, 2020 Judge: Edward Earl Carnes Areas of Law: Criminal Law | The Eleventh Circuit affirmed defendant's conviction for conspiring with a pill mill's owners and doctors to illegally dispense controlled substances, of aiding and abetting the illegal dispensing of controlled substances, and of laundering and conspiring to launder the proceeds of those illicit sales. The court held that the district court did not err by allowing the agent who had become familiar with defendant's handwriting during his investigation to offer his opinion that the handwriting in the ledger was defendant's; the evidence was sufficient to support defendant's drug offense convictions and his money laundering convictions; and there were no preserved errors in the jury instructions and no unpreserved ones that meet the strictures of the plain error rule. | |
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