Justia U.S. 11th Circuit Court of Appeals Opinion Summaries

The Eleventh Circuit affirmed the district court's denial of habeas relief under 28 U.S.C. 2254. The court held that the state habeas court's decision as to petitioner's ineffective-assistance-of-trial-counsel claim was neither contrary to nor an unreasonable application of federal law nor based on an unreasonable determination of the facts. The court rejected petitioner's claim that trial counsel was constitutionally ineffective under Strickland v. Washington when counsel failed to investigate mitigating evidence at sentencing.Petitioner also alleged that he was denied due process and a fair trial when his request for a one day continuance was denied, that the jury's verdict was unconstitutional, and that he was denied a right to self-representation under Faretta v. California. The court concluded that it was barred from considering petitioner's claims because he failed to raise them on direct appeal, and cannot show cause and prejudice to overcome the default. View "Sealey v. Warden, Georgia Diagnostic Prison" on Justia Law

Petitioner petitioned the Eleventh Circuit a second time to review the BIA's final order of removal. The court had granted in part petitioner's first petition challenging the classification of his prior conviction for aggravated battery with a firearm as an aggravated felony under the residual clause definition of a crime of violence. The court held that the residual clause was void for vagueness under Sessions v. Dimaya, 138 S. Ct. 1204, 1210 (2018), and granted the petition. On remand, the BIA classified petitioner's prior conviction as an aggravated felony under the elements clause of the definition of a crime of violence pursuant to 18 U.S.C. 16(a).The court denied in part and dismissed in part the second petition, holding that petitioner's arguments -- that the Florida statute defining aggravated battery is indivisible and that the offense does not constitute a crime of violence -- are foreclosed by precedent. The court also held that it lacked jurisdiction over petitioner's argument that the BIA should review his application for deferral of removal, because petitioner failed to challenge the denial of his application in his appeal to the BIA. View "Lukaj v. U.S. Attorney General" on Justia Law

Plaintiff petitioned the district court for the grand jury transcripts related to the Ford Lynching—a horrific event involving the murders of two African American couples for which no one has ever been charged—to be used in his book about the lynching. The district court granted the petition, finding that the historical significance of the grand jury's investigation, and the critical role the records of that investigation would play in enhancing the historical record on this tragic event, amounted to "exceptional circumstances" that justified the use of the court's inherent power to order disclosure. A panel of the Eleventh Circuit affirmed.After rehearing en banc, the en banc court held that Rule 6 of the Federal Rules of Criminal Procedure is exhaustive, and that district courts do not possess inherent, supervisory power to authorize the disclosure of grand jury records outside of Rule 6(e)(3)'s enumerated exceptions. Therefore, the en banc court overruled In re Petition to Inspect & Copy Grand Jury Materials (Hastings), 735 F.2d 1261 (11th Cir. 1984), which held to the contrary. The en banc court reversed the district court's judgment. View "Pitch v. United States" on Justia Law

The Eleventh Circuit granted a petition for review of the BIA's ruling that petitioner's conviction for sexual misconduct, N.Y. Penal Law 130.20, qualifies, under the modified categorical approach, as the aggravated felony of rape, 8 U.S.C. 1101(a)(43)(A), and a crime involving moral turpitude.Because the record of conviction does not make clear whether petitioner pleaded guilty to forcible or statutory rape, the court need not decide whether the New York statute is divisible as between those two different kinds of rape or whether the criminal complaint is a valid Shepard document. The court explained that, even if it were to resolve both issues in the department's favor, the criminal complaint would still fail to establish that petitioner pleaded guilty to forcible rape. Furthermore, the board failed to address whether statutory rape is a crime involving moral turpitude, so the court does not address that issue. Nor does the court need to address petitioner's alternative argument that he is eligible for a discretionary waiver of deportation even if he is removable. The court vacated and remanded for further proceedings. View "George v. U.S. Attorney General" on Justia Law

Where, as here, the loss is a unique artifact for which market value cannot fully compensate, courts must use replacement costs in determining restitution under the Mandatory Victims Restitution Act (MVRA). The Eleventh Circuit wrote that, while absolute precision is not required under the MVRA, the district court must base its restitution order on evidence. Furthermore, that evidence must show that the restitution will make the victim whole—nothing more and nothing less.The court affirmed defendant's sentence imposed after he was convicted of conspiracy to commit an offense against the United States and theft of major artwork. Defendant's conviction stemmed from his role in stealing Gold Bar 27, a gold ingot recovered from an undersea wreckage site. The court remanded for the district court to ascertain the amount of restitution. In this case, the district court did not ascertain replacement value when it determined market value was insufficient and then imposed restitution. View "United States v. Goldman" on Justia Law

In consolidated criminal appeals, the Eleventh Circuit held that a conviction for Hobbs Act robbery does not qualify as a "crime of violence" under the Sentencing Guidelines, U.S.S.G. 4B1.2(a). The court agreed with its sister circuits and defendants, holding that because the offense can be committed by a threat to person or property, the statute is too broad to qualify as a crime of violence either under the elements clause or as an enumerated robbery or extortion offense. Therefore, Hobbs Act robbery cannot serve as a predicate for a career offender sentencing enhancement. Accordingly, the court vacated each defendant's sentence and remanded for further proceedings. View "United States v. Eason" on Justia Law

The Eleventh Circuit affirmed defendants' sentence for defrauding hundreds of undocumented aliens into paying about $740,000 for falsified federal immigration forms. The court held that the district court committed no plain error in holding defendant jointly and severally liable for repaying the proceeds of their illegal conduct. In this case, defendants failed to establish that they did not mutually obtain, possess, and benefit from their criminal proceeds.The court also held that defendants' sentences were not procedurally unreasonable and that the Sentencing Guidelines direct that they be sentenced for fraud and deceit. The court wrote that United States v. Baldwin, 774 F.3d 711, 733 (11th Cir. 2014), was controlling here. In Baldwin, the court upheld the district court's application of USSG 2B1.1 on facts comparable to those in this case. View "United States v. Pazos Cingari" on Justia Law

Plaintiff, an inmate who was diagnosed with gender dysphoria, filed a 42 U.S.C. 1983 action alleging violations of her Eighth Amendment rights, and seeking declaratory and injunctive relief. The Eleventh Circuit held that plaintiff's challenges to the prior freeze-frame policy and the FDC's initial denial of hormone therapy are moot in light of the FDC's subsequent repeal and replacement of the policy and its provision of hormone treatment.The court rejected the merits of plaintiff's claim that the FDC violated the Eighth Amendment by refusing to accommodate her social-transitioning requests (to grow out her hair, use makeup, and wear female undergarments). In light of the disagreement among the testifying professionals about the medical necessity of social transitioning to plaintiff's treatment and the "wide-ranging deference" that the court pays to prison administrators' determinations about institutional safety and security, the court could not say that the FDC consciously disregarded a risk of serious harm by conduct that was "more than mere negligence" and thereby violated the Eighth Amendment. Rather, the court concluded that the FDC chose a meaningful course of treatment to address plaintiff's gender-dysphoria symptoms, which was sufficient to clear the low deliberate-indifference bar. Accordingly, the court vacated the district court's order, dismissed as moot in part, and reversed in part. View "Keohane v. Florida Department of Corrections Secretary" on Justia Law

The Eleventh Circuit denied petitioner's emergency motion for appointment of substitute counsel and for a limited stay. Petitioner was scheduled to be executed on March 5, 2020, for his capital murder convictions for intentionally killing three on-duty police officers. The court held that petitioner was not entitled to substitution of counsel, because he failed to establish that appointing new counsel is in the interest of justice. The court also held that petitioner was not entitled to a stay, because he failed to justify his extreme delay in filing this motion for a stay. View "Woods v. Warden, Holman Correctional Facility" on Justia Law

The Eleventh Circuit denied appellant's motion for a stay of execution. The court held that appellant was not entitled to a stay of execution for at least two reasons: first, equity weighs heavily against granting the motion because of its untimeliness and the State and the victims' interest in enforcement of criminal sentences; and second, appellant failed to establish a substantial likelihood of success on the merits of his procedural due process, equal protection clause, and Eighth Amendment claims.The court also held that when, as here, a district court dismisses a plaintiff's federal claims, the court has encouraged dismissal of the remaining state-law claims too. Therefore, the district court did not abuse its discretion and the court denied appellant's motion for a stay of execution. The court granted appellant's motion for excess words. View "Woods v. Commissioner, Alabama Department of Corrections" on Justia Law