U.S. Eleventh Circuit - The FindLaw 11th Circuit Court of Appeals Opinion Summaries Blog

September 2009 Archives

Rhode v. US, No. 08-15004

In an appeal from a district court's denial of petitioner's 28 U.S.C. section 2255 motion to vacate his sentence, the district court's order is vacated where the district court failed to address petitioner's claim that counsel was ineffective for failing to file a motion to withdraw petitioner's guilty plea.

Read Rhode v. US, No. 08-15004

Appellate Information

Filed September 29, 2009

Judges

Per Curiam

Rance v. Rocksolid Granit USA, Inc., No. 09-11026

In an appeal from the district court's dismissal without prejudice of plaintiff's complaint for failure to timely serve defendant pursuant to Fed. R. Civ. P. 4(m), the order is vacated where the failure of the United States Marshal to effectuate service on behalf of an in forma pauperis plaintiff through no fault of that plaintiff constitutes "good cause" for the plaintiff's failure to effect timely service within the meaning of Rule 4(m).

Read Rance v. Rocksolid Granit USA, Inc., No. 09-11026

Appellate Information

Filed September 28, 2009

Judges

Opinion by Judge Wilson

In an action seeking a declaration regarding ownership rights in property owned by the tenancy-in-common, defendants' appeal from the district court's order to disburse funds voluntarily deposited in a court registry is dismissed as moot, where the funds had already been disbursed to a nonparty in accordance with that order.

Read San Francisco Residence Club, Inc. v. 7027 Old Madison Pike, LLC, No. 09-11059

Appellate Information

Filed September 23, 2009

Judges

Opinion by Judge Pryor

US v. Faris, No. 08-16336

Defendant's conviction and sentence for using a facility of interstate commerce to entice a minor to engage in sexual activity are affirmed where: 1) 18 U.S.C. section 2422(b) did not exceed Congress' commerce clause power; 2) even if none of defendant's communications were routed over state lines, the internet and telephone he used to contact the undercover officer were still instrumentalities of interstate commerce; 3) defendant's challenges to his sentence were foreclosed by circuit precedent.

Read US v. Faris, No. 08-16336

Appellate Information

Filed September 23, 2009

Judges

Per Curiam

Rhode v. Hall, No. 08-16960

In a capital habeas matter, the denial of the petition is affirmed where: 1) the state court of appeals reasonably found that defense counsel thought the penalty phase strategy would involve both mitigation and residual doubt; 2) defendant and the state had the opportunity to present the state habeas court with their version of the facts; 3) the state habeas court did not unreasonably find that counsel's investigation of possible mitigation evidence was adequate; 4) the effectiveness of counsel's representation at sentencing is not an exact derivative of the amount of time counsel spends investigating mitigation evidence; and 5) the evidence that petitioner faulted counsel for not presenting to the jury was potentially aggravating or cumulative.

Read Rhode v. Hall, No. 08-16960

Appellate Information

Filed September 17, 2009

Judges

Per Curiam

US v. Segarra, No. 08-17181

In a drug and firearm possession prosecution, defendant's appeal from his consecutive sentences is dismissed where: 1) 18 U.S.C. section 924(c)(1)(A) required consecutive sentences where the underlying offense carried a mandatory minimum that exceeded the minimum applicable to the firearm offense; and 2) thus defendant's argument on appeal did not fit within any of the applicable appeal waiver exceptions.

Read US v. Segarra, No. 08-17181

Appellate Information

Filed September 15, 2009

Judges

Per Curiam

US v. Jordan, No. 06-12583

Defendants' convictions for obtaining the criminal records of those who voted absentee in a sheriff's election, in violation of 18 U.S.C. section 641, is affirmed where: 1) the indictment gave defendants adequate notice of the charges against them; and 2) a reasonable jury could have found defendants guilty on the basis of the evidence presented.

Read US v. Jordan, No. 06-12583

Appellate Information

Filed September 11, 2009

Judges

Per Curiam

US v. Garcia-Bercovich, No. 08-12061

Defendant's drug distribution conviction is affirmed where: 1) the evidence was sufficient to establish defendant's knowledge or awareness that the containers which he picked up, or attempted to pick up, at various locations contained marijuana; and 2) a police search following an unsolicited private search does not constitute a search under the Fourth Amendment, as long as the search is confined to the same scope as the initial private search.

Read US v. Garcia-Bercovich, No. 08-12061

Appellate Information

Filed September 10, 2009

Judges

Opinion by Judge Goldberg

Boca Raton Comm. Hosp. v. Tenet Health Care Corp., No. 07-14352

In a RICO action claiming that because defendant health care corporation's Medicare charge increases were unrelated to real cost increases, the excessive outlier payments it received from those inflated charges were unlawful, summary judgment for defendant is affirmed where the district court did not abuse its discretion by excluding plaintiff's expert opinion on injury and damages for lack of fit with its liability theory.

Read Boca Raton Comm. Hosp. v. Tenet Health Care Corp., No. 07-14352

Appellate Information

Filed September 4, 2009

Judges

Opinion by Judge Carnes