US v. Brummer, No. 09-13613, involved defendant’s appeal from the district court’s order that he forfeit two firearms and six rounds of ammunition pursuant to his conviction of knowingly and willfully failing to declare firearms to a common carrier.
As the per curiam court of appeals opinion states: “Fed. R. Crim P. 32.2(b)(1) requires that, “[a]s [...]
The Eleventh Circuit decided one appeal on a personal jurisdiction issue in a construction dispute, one criminal matter and one personal injury case.
In PVC Windoors, Inc. v. Babbitbay Beach Constr., N.V., No. 08-10401, an action for fraud and breach of contract arising out of two contracts for the supply and installation of windows and doors [...]
The Eleventh Circuit affirmed one firearm possession conviction, and one set of drug conspiracy convictions. The court also affirmed the denial of a capital habeas petition.
In US v. Rozier, 08-17061, the court affirmed defendant’s firearm possession conviction and sentence, on the grounds that 1) 18 U.S.C. section 922(g)(1) is constitutional, even if a felon possesses [...]
The Eleventh Circuit decided one civil rights matter and two criminal cases.
Keating v. Miami, No. 09-10939, was an action alleging violations of plaintiffs’ First and Fourth Amendment rights during a demonstration held in November 2003 outside the Free Trade Area of the Americas meeting in Miami. The court of appeals affirmed the denial of summary [...]
In US v. DuBose, No. 09-11400, defendant was convicted of making a false statement in connection with the acquisition of a firearm, and possessing a firearm while subject to a protective order.
The court of appeals affirmed defendant’s conviction on the grounds that 1) a conviction under 18 U.S.C. section 922(g)(8) did not require that the [...]
Deen v. Egleston, No. 09-11458, was a medical malpractice action involving allegations of dental malpractice.
The court of appeals described some of the claims as follows: “Linda Deen claimed that Dr. Egleston had been medically negligent by, among other things, performing a full mouth debridement which, according to Deen, “caused huge amounts of bacteria to have [...]
The Eleventh Circuit handed down rulings in one criminal and one civil rights case.
In US v. Whitson, 09-10521, the court of appeals vacated defendant’s drug importation sentence, holding that defendant’s prior conviction for non-overt act criminal conspiracy was not a “crime of violence,” in light of Begay v. United States, 128 S. Ct. 1581 (2008), [...]
The Eleventh Circuit decided two criminal matters and one civil rights case.
In US v. Phillips, No. 08-17248, the Eleventh Circuit vacated defendant’s drug and firearm possession sentence, holding that, under 18 U.S.C. section 3582(c) and Fed. R. Crim. P. 35(a), the district court on January 26, 2009 did not have jurisdiction after seven days had [...]
The Eleventh Circuit decided two employment cases and one criminal sentencing matter.
Mora v. Jackson Mem. Found., Inc., No. 08-16113, was an an Age Discrimination in Employment Act action in which the district court granted summary judgment for defendant. The Eleventh Circuit vacated the judgment, holding that a reasonable juror could accept that plaintiff’s supervisor made [...]
The Eleventh Circuit decided two cases today, one involving a copyright infringement action, and the other concerning an immigration matter.
In Utopia Provider Sys., Inc. v. Pro-Med Clinical Sys., L.L.C., No. 09-11160, plaintiff filed a copyright infringement action based on defendant’s alleged misappropriation of plaintiff’s paper templates. The district court granted summary judgment to defendant and [...]