February 2014 RSS feed for this section

Eleventh Circuit Rejects Eighth Amendment Challenge to Florida’s Lethal Injection Protocol

In Chavez v. Florida SP Warden, No. 14-10561 (Feb. 12, 2014), the Eleventh Circuit upheld the denial of an injunction against the substitution of drugs in Florida’s lethal injection protocol, and denied Chavez’s motion for a stay of execution filed with the Circuit Court. The basis for both holdings is the Court’s determination that Chavez […]

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Eleventh Circuit Rejects “Course of Conduct” Theory of Entrapment

In United States v. Isnadin, No. 12-13474 (Feb. 12, 2014), the Eleventh Circuit held that a jury may make separate findings on entrapment for each count charged in an indictment, even where individual charges represent a single “course of conduct.” The four defendants were arrested after conspiring with an undercover ATF agent to rob a […]

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Eleventh Circuit Rejects Confrontation Clause Challenge to Means of Establishing Extraterritorial Jurisdiction Under the Maritime Drug Law Enforcement Act

In United States v. Campbell, No. 12-13647 (Feb. 20, 2014), the Eleventh Circuit held that the pretrial admission of a certification by the Secretary of State to establish extraterritorial jurisdiction does not violate the Confrontation Clause of the Constitution, which provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . […]

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Eleventh Circuit Reaffirms Prior Holding that a Prior Conviction for Fleeing and Eluding a Law Enforcement Officer Qualifies as a Violent Felony

In United States v. Smith, No. 12-14842 (Feb. 11, 2014), the Eleventh Circuit reconsidered its opinion in United States v. Smith, 518 F. App’x 774 (11th Cir. 2013) after the judgment was vacated and remanded by the United States Supreme Court in light of its recent holding in United States v. Descamps, 133 S. Ct. […]

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Eleventh Circuit Affirms Convictions of Three Co-Defendants in Large Cocaine Conspiracy

In United States v. Reeves, et al, No. 12-13110 (Feb. 6, 2014), the Eleventh Circuit considered the appeals of three co-defendants, each convicted of conspiracy to distribute cocaine. Most notably, co-defendant Halcomb-Reeves contended there was insufficient evidence to sustain her conviction and challenged several evidentiary rulings. The Eleventh Circuit affirmed Halcomb-Reeves’s conviction as well as […]

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Eleventh Circuit Confirms that Burglary of a Dwelling is a Crime of Violence

In United States v. Ramirez-Flores, No. 12-15602 (Feb. 21, 2014), the Eleventh Circuit affirmed the district court’s decision that Ramirez-Flores’s conviction for burglary of a dwelling constituted a “crime of violence” under the United States Sentencing Guidelines, subjecting him to a sixteen-level enhancement. Ramirez-Flores pled guilty to illegal reentry. He was sentenced according to a […]

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Eleventh Circuit Determines Conviction Under Alabama’s Third-Degree Burglary Statute Cannot Qualify as Generic Burglary Under ACCA

In United States v. Howard, No. 12-15756 (Feb. 19, 2014), the Eleventh Circuit reconsidered its prior determination that Alabama’s third-degree burglary statute can qualify as a “violent felony” under the Armed Career Criminal Act (“ACCA”). Howard was arrested and charged with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and […]

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Eleventh Circuit in Admiralty Action Affirms Single Claimant Exception to Limitation of Liability Act, Rejects First-to-File Interpretation of “Saving-to-Suitors” Admiralty Jurisdiction Clause

In Offshore of the Palm Beaches, Inc. v. Lynch, No. 13-11092 (Feb. 3, 2014), the Eleventh Circuit considered in an admiralty action whether a lone claimant could pursue personal injury claims in state court after the defendant had invoked the Limitation of Liability Act (the “Act”), 46 U.S.C. § 30501. The Act allows a “vessel […]

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Eleventh Circuit Affirms Motion to Compel Arbitration in Labor Dispute Involving Employee On-the-Job Injury and Medical Negligence Claim under the Jones Act

In Martinez v. Carnival, No. 12-15164 (Feb. 24, 2014), the Eleventh Circuit considered the appeal of a seafarer who was injured in the performance of his duties on a Carnival vessel and who, in pursuing a medical negligence claim against his employer under the Jones Act, 46 U.S.C. § 30104, sought to avoid compelled arbitration […]

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Eleventh Circuit Decides Arbitration Clause in Seafarer’s Agreement Governs Employee’s Jones Act Claim

In Martinez v. Carnival Corp. No. 12-15164 (Feb. 24, 2014), the Eleventh Circuit decided whether a Jones Act claim brought by an individual against his employer was governed by an arbitration clause in his Seafarer’s Agreement. Martinez was a Honduran citizen working on a Carnival cruise ship, who developed severe back pain and other related […]

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