11th Circuit Case Commentaries

United States v. Crabbe: Cooperation Talk Without Promises Does Not Invalidate a Miranda Waiver, and a Lesser-Included Possession Instruction Requires Supporting Evidence

Date: May 1, 2026

Cooperation Talk Without Promises Does Not Invalidate a Miranda Waiver, and a Lesser-Included Possession Instruction Requires Supporting Evidence Introduction In United States v. Otis Furman Crabbe,...

Grey v. Vengroff Williams: No Summary-Judgment Escape Without Evidence of a Convincing Mosaic of ADA or ADEA Discrimination

Date: May 1, 2026

Grey v. Vengroff Williams: No Summary-Judgment Escape Without Evidence of a Convincing Mosaic of ADA or ADEA Discrimination Introduction In Deborah Grey v. Vengroff Williams, Inc., the Eleventh...

Section 1983 Malicious Prosecution Requires Pleading Invalid Legal Process, Not Merely a Faulty Police Affidavit

Date: May 1, 2026

Section 1983 Malicious Prosecution Requires Pleading Invalid Legal Process, Not Merely a Faulty Police Affidavit Introduction In Blair Clark v. David Bell, the Eleventh Circuit affirmed the dismissal...

Clerk-Signed Warrants Preserve § 3583(i) Revocation Jurisdiction When Issued Before Supervised Release Expires

Date: Apr 30, 2026

Clerk-Signed Warrants Preserve § 3583(i) Revocation Jurisdiction When Issued Before Supervised Release Expires Introduction In United States v. Laphonse Young, the Eleventh Circuit affirmed the...

No Entitlement to a “Rehabilitation Opportunity” in First-Time CSAM Cases; District Courts May Prioritize Protection and Deterrence Over Treatment Under § 3553(a)

Date: Apr 29, 2026

No Entitlement to a “Rehabilitation Opportunity” in First-Time CSAM Cases; District Courts May Prioritize Protection and Deterrence Over Treatment Under § 3553(a) I. Introduction United States v....

United States v. Vigil-Benitez: Express Acceptance of Jury Instructions Invites Error and “Mere Presence” Need Not Be Separately Charged When Covered by Aiding-and-Abetting Instructions (VICAR Murder)

Date: Apr 29, 2026

Express Acceptance of Jury Instructions Invites Error; “Mere Presence” Need Not Be Separately Charged When Substantially Covered by Aiding-and-Abetting Instructions in a VICAR Murder Case 1....

Presumption of Receipt of a Properly Mailed Hearing Notice Bars Late In Absentia Rescission; Defective NTA Objections Are Forfeited if Not Timely; “Changed Country Conditions” Reopening Requires a Then-vs-Now Comparison

Date: Apr 29, 2026

Presumption of Receipt of a Properly Mailed Hearing Notice Bars Late In Absentia Rescission; Defective NTA Objections Are Forfeited if Not Timely; “Changed Country Conditions” Reopening Requires a...

Eligibility Is Not Entitlement: Discretionary Denial of Retroactive Amendment 821 Reductions Under § 3582(c)(2) Based on § 3553(a) Factors

Date: Apr 29, 2026

Eligibility Is Not Entitlement: Discretionary Denial of Retroactive Amendment 821 Reductions Under § 3582(c)(2) Based on § 3553(a) Factors Introduction In United States v. Derek Dixon (11th Cir. Apr....

Upward Variance Affirmed Where Sentencing Court Grounds § 3553(a) Analysis in Defendant’s Defiance of Prior Federal Injunctions and Co-Defendant Disparity

Date: Apr 29, 2026

Upward Variance Affirmed Where Sentencing Court Grounds § 3553(a) Analysis in Defendant’s Defiance of Prior Federal Injunctions and Co-Defendant Disparity I. Introduction In United States v. Jasen...

Implicit Eligibility Findings and § 5K2.6 Weapon Departures in Amendment 821 § 3582(c)(2) Proceedings (11th Cir.)

Date: Apr 29, 2026

Implicit Eligibility Findings and § 5K2.6 Weapon Departures in Amendment 821 § 3582(c)(2) Proceedings (11th Cir.) 1. Introduction In United States v. Donald M. Reynolds (11th Cir. Apr. 28, 2026) (per...

Compassionate Release May Be Denied on Dangerousness and § 3553(a) Alone, and Repeat Attacks on Prior Findings Are Precluded

Date: Apr 29, 2026

Compassionate Release May Be Denied on Dangerousness and § 3553(a) Alone, and Repeat Attacks on Prior Findings Are Precluded I. Introduction In United States v. Harold Thornton (11th Cir. Apr. 28,...

Rule 60(b)(4) Voidness Is Limited to Jurisdictional or Due-Process Defects; “Non-Party” Filings and Attorney Conflicts (If Unraised) Do Not Void the Judgment

Date: Apr 29, 2026

Rule 60(b)(4) Voidness Is Limited to Jurisdictional or Due-Process Defects; “Non-Party” Filings and Attorney Conflicts (If Unraised) Do Not Void the Judgment 1. Introduction In Stacy Terry v. Matthew...

United States v. Joshua Martinez: No Bruton Violation for Indirectly Inculpatory Codefendant Statements, and Failure to Object Triggers Plain-Error Review

Date: Apr 29, 2026

No Bruton Violation for Indirectly Inculpatory Codefendant Statements, and Failure to Object Triggers Plain-Error Review (11th Cir.) Case: United States v. Joshua Martinez (with Florence Louise Beck...

MDLEA Jurisdiction in Foreign EEZs: “High Seas” Includes EEZs; Statelessness by Silence; Joint Interdiction with Foreign Allies Does Not Defeat Jurisdiction

Date: Apr 29, 2026

MDLEA Jurisdiction in Foreign EEZs: “High Seas” Includes EEZs; Statelessness by Silence; Joint Interdiction with Foreign Allies Does Not Defeat Jurisdiction I. Introduction This consolidated Eleventh...

EEZ as “High Seas” and Silence as Statelessness Under the MDLEA

Date: Apr 29, 2026

EEZ as “High Seas” and Silence as Statelessness Under the MDLEA I. Introduction In United States v. Tony Rafael Henriquez (consolidated with appeals by Jose Antonio Acosta-Pinedo and Julio Javier...

Contemporaneous-Objection Preservation of Bruton Claims and the “Facially Incriminating” Limit: United States v. Beck

Date: Apr 29, 2026

Contemporaneous-Objection Preservation of Bruton Claims and the “Facially Incriminating” Limit 1. Introduction United States v. Philip Beck (11th Cir. Apr. 28, 2026) is an unpublished per curiam...

Rule 4(m) Dismissal Without Prejudice Does Not Create a “Prevailing Party” for Fla. Stat. § 57.105(7) Fee Reciprocity

Date: Apr 29, 2026

Rule 4(m) Dismissal Without Prejudice Does Not Create a “Prevailing Party” for Fla. Stat. § 57.105(7) Fee Reciprocity Case: U.S. Bank National Association v. Fernando V. Rivabem (11th Cir. Apr. 27,...

Proximity-and-Extensive-Use Rule on Plain-Error Review for U.S.S.G. § 2D1.1(b)(1) and § 2D1.1(b)(12) Enhancements

Date: Apr 29, 2026

Proximity-and-Extensive-Use Rule on Plain-Error Review for U.S.S.G. § 2D1.1(b)(1) and § 2D1.1(b)(12) Enhancements 1. Introduction In United States v. David Kennedy (11th Cir. Apr. 27, 2026)...

MDLEA Jurisdiction Reaffirmed: Foreign EEZ Treated as “High Seas,” Silence on Nationality Creates Statelessness, and Allied Interdiction Does Not Defeat U.S. Prosecution

Date: Apr 29, 2026

MDLEA Jurisdiction Reaffirmed: Foreign EEZ Treated as “High Seas,” Silence on Nationality Creates Statelessness, and Allied Interdiction Does Not Defeat U.S. Prosecution Introduction In United States...

Upward Variances for Threats Against Federal Judges May Rest on Seriousness and Deterrence Even When Guideline Enhancements Apply

Date: Apr 29, 2026

Upward Variances for Threats Against Federal Judges May Rest on Seriousness and Deterrence Even When Guideline Enhancements Apply Case: United States v. Stephen Thorn (11th Cir. Apr. 27, 2026) (per...