Cases

GORBEY, J., PROCEDURAL HISTORY E. F. (Mother) and R. S. (Father)1 first came to the attention of the court on August 8,2007 when a petition was filed by the Lancaster County Children and Youth Social Service Agency requesting temporary custody of J. S. (J.), then known as Baby Boy F., who had been born on August 6, 2007. J. was placed in the temporary care of the Agency on

KRAVITCH, Circuit Judge: In the wake of Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), in which the Supreme Court held that the rights of an undersecured homestead lender are protected from modification in Chapter 13 bankruptcy proceedings, we address whether this holding extends to wholly unsecured homestead lender

CARNES, Circuit Judge: This consolidated appeal involves two putative class action cases (involving the same issues) which were removed to federal court under 28 U.S.C. § 1453, the Class Action Fairness Act (CAFA). The complaints in the two actions were filed in state court (by the same counsel) before the effective date of CAFA, but the summonses were not provided to the cler

PER CURIAM: Pamela Atkins appeals the district court’s order affirming the Commissioner’s denial of her applications for disability insurance benefits and supplemental security income. Unlike most claimants appealing to this Court, Atkins does not raise the issue of whether substantial evidence supports the Commissioner’s decision. Instead, she contends that the district court erred in applying our decision in Kennedy v.

PER CURIAM: Michael Ufferman, appointed counsel for Thomas Mellor Bains in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independen

CARNES, Chief Judge, concurring: During the charge conference held at the end of the first day of trial, Fries went along with an instruction, suggested by the court, containing language that while there are exceptions to 18 U.S.C. § 922(a)(5)’s licensing requirement, including one “for a transfer to a licensed dealer, ... the exceptions are not involved in this case.” That instruction was eventually give

PER CURIAM: Richard A. Greenberg, appointed counsel for Barbara Ann Thompson in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because indep

PER CURIAM: The Federal Tort Claims Act (“FTCA”) grants the federal district courts exclusive jurisdiction over damages claims against the United States arising out of personal injury “caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.” 28 U.S.C. § 1346(b)(1); see also id, § 2674. Although the FTCA waives the United States’

PER CURIAM. Cedric Presley entered conditional guilty pleas to possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D), possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i), possession of a firearm by a convicted felon, i

PER CURIAM: Ralph Jason Miller engaged in an ongoing sexual relationship with a minor. . He took explicit photographs of her on several occasions, and he asked her to send him explicit photographs of herself. That led to his being charged with, and a jury finding him guilty of, three counts of produc: ing child pornography, in vio

CARNES, Circuit Judge: Deshawn Glover, acting pro se, appeals the district court’s denial of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) based on a retroactive amendment to the sentencing guidelines that lowered the base offense levels for certain crack cocaine crimes. He contends that Amendme

PER CURIAM: Richard Sierra, a Florida prisoner, appeals the denial of his 28 UÍS.C. § 2254 petition. He contends that his trial counsel was ineffective for advising him that, if he went to trial and was found guilty, the court would have no option but to sentence him to life imprisonment. He argues that nothing was said during his plea colloquy to correct the incorrect advice he received about the consequences of going to tr

ORDER & OPINION JULIE E. CARNES, District Judge. This case is presently before the Court on defendants’ Motion for Summary Judgment [26]; plaintiffs Motion for Summary Judgment [27]; plaintiffs Motion for Leave to File Motion for Summary Judgment Out of Time [33]; defendants’ Objection to Materials Outside the Administrative Record [43]; and defendants’ Motion to Exceed Page Limitations [45

WILLIAM PRYOR, Circuit Judge: This appeal requires us to decide whether a Florida conviction of principal to attempted manufacture of a controlled substance, see Fla. Stat. § 777.011, qualifies as a “controlled substance offense,” United States Sentencing Guidelines Manual § 4B1.2(b) (Aug. 2016). We must also decide whether the government engaged in sentencin

PER CURIAM: Barbara Jean Throne, appointed counsel for Craig Michael Hathcock, has moved to withdraw from further representation, of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed. 2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examinat

343 F.Supp.2d 1163 (2004) J. Larry BYROM, Plaintiff, v. DELTA FAMILY CARE-DISABILITY AND SURVIVORSHIP PLAN; Delta Airlines, Inc.; Administrative Committee of Delta Airlines, Inc.; Aetna U.S. Healthcare; Aetna Life Insurance Company; and John Does I-V, Defendants. No. CIV.A.1:03-CV-1685-J. United States District Court, N.D. Georgia, Atlanta Division. September 29, 2004.

WILLIAM PRYOR, Circuit Judge: We must decide whether an indictment that alleges that a business was in violation of the Florida bingo and gambling house statutes, Fla. Stat. §§ 849,01, 849.02, 849.03, 849.0931, sufficiently alleges one of the essential elements needed to obtain a conviction under the federal gambling statute: that the business “is a violation of’ state law, 18 U

PUBLISH IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ______________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT

PER CURIAM: Defendant Rodney Pressler appeals the district court’s revocation of his supervised release and imposition of a- 33-month sentence. On appeal, Defendant argues that the district court erred by: (1) not giving him credit for time spent in detention on a writ of habeas ad prosquendum and (2) determining that he was competent to proceed with the supervised release revocation proceedings.1

JULIE CARNES, Circuit Judge: . In light of this Court’s en banc decision in United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017), we hereby vacate our prior panel opinion, published at 842 F.3d 1299, and substitute it with the following opinion, which has been revised only in Section II.D. Accordingly, Defendant’s motion for panel rehearing is denied as