PRYOR, Circuit Judge: This appeal requires us to decide whether a federal agency may suspend two affiliates of an indicted government contractor for the duration of the legal proceedings against the indicted contractor under the Federal Acquisition Regulation. See 48 C.F.R. 9.407-4(b) (2012). When an agency suspends a government contractor, the agency may also suspend an affiliate of the contractor based solely on its affiliate status. Id. 9.407-1(c). Suspensions are temporary, and in "...
HULL, Circuit Judge. Petitioner Dudley Bryant appeals the district court's dismissal of his 28 U.S.C. 2241 habeas petition, brought pursuant to the "savings clause" in 28 U.S.C. 2255(e). Bryant's appeal presents the issue to which this Court alluded in Wofford v. Scott, 177 F.3d 1236 (11th Cir.1999), and subsequently left undecided in Gilbert v. United States ( Gilbert II ), 640 F.3d 1293 (11th Cir.2011) (en banc), cert. denied, ___ U.S. ___, 132 S.Ct. 1001 , 181 L.Ed.2d 743 (...
PER CURIAM. This case arises from Cindy Laine Franklin's allegation that Michael Keith Gay, a corrections officer at the Shelby County Jail, sexually assaulted her, and Franklin's ensuing lawsuit against Gay and various other officers at the jail. The officers other than Gay (Appellants or the Supervisory Defendants) moved for dismissal on the basis of qualified immunity. The district court denied the motion, and this interlocutory appeal followed. Upon review, we hold that Franklin has failed...
PER CURIAM: CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF GEORGIA, PURSUANT TO O.C.G.A. 15-2-9. TO THE SUPREME COURT OF GEORGIA AND ITS HONORABLE JUSTICES: This interlocutory appeal arises from a civil action filed by the Federal Deposit Insurance Corporation ("FDIC"), as receiver for Integrity Bank ("Bank"), against former Bank directors and corporate officers ("Defendants"). The FDIC seeks to recover losses that the Bank suffered as...
MARCUS, Circuit Judge: Erick Smith seeks to overturn his conviction and 420-month sentence for, inter alia, conspiring to distribute and possess with intent to distribute cocaine. On appeal, Smith principally claims that the Supreme Court's recent decision in United States v. Jones, ___ U.S. ___, 132 S.Ct. 945 , 181 L.Ed.2d 911 (2012), requires us to reverse the denial of his motion to suppress, where the evidence in question was seized from his home pursuant to a warrant that was...
KLEINFELD, Circuit Judge: This is a challenge to the procedures a school district used in developing and changing an individualized education program for a disabled child. I. FACTS The schoolchild, K.A., has Down's Syndrome. Her condition is not as disabling as that genetic disorder is for some, so her parents think she can benefit from some classes that include children without disabilities. She has been classified as having a "mild intellectual disability" and a "speech-language impairment....
MARCUS, Circuit Judge: Tonya Weinberg Gilmore and Juanita Weinberg Prince, daughters of the late Kenneth Weinberg, appeal the district court's grant of summary judgment to Lieutenant Pam Hodges and Sergeant Donald Newsome, officers at the Wakulla County Jail in Florida. Kenneth Weinberg, whose death is unrelated to this appeal, was a pretrial detainee at the jail for approximately twenty months. Weinberg commenced this civil rights suit under the Due Process Clause of the Fourteenth Amendment,...
HULL, Circuit Judge: Respondent-Appellant Dr. Robert Hinchee ("Dr. Hinchee"), who resides in Florida, and Intervenor-Appellant Chevron Corporation ("Chevron") appeal the district court's discovery order compelling production of Dr. Hinchee's documents to Petitioner-Appellee, the Republic of Ecuador ("the Republic"). Dr. Hinchee served as a testifying expert for Chevron in a related proceeding. Dr. Hinchee's documents at issue are (1) Dr. Hinchee's personal notes for his own use and (2) email...
TJOFLAT, Circuit Judge: Ronald Frank Timmann appeals his conviction for possession of a firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1) (2010), arguing that the District Court erred in denying his motions to suppress firearms and ammunition seized from his apartment and telephone statements he made to police officers, after the officers' warrantless search of his apartment. For the reasons that follow, we vacate the District Court's judgment, and remand for further...
HULL, Circuit Judge: In this federal trademark infringement case, appellant Joseph Mosseri appeals the district court's denial of his motion under Federal Rule of Civil Procedure 60(b)(4) to vacate a default judgment entered against him. Appellant Mosseri does not contest that he was personally served with the lawsuit, that he received the motion for default judgment, and that he did not respond at all. Rather, over six months after service, Mosseri filed a Rule 60(b)(4) motion contending that...
PER CURIAM: Ellisa Martinez appeals her conviction under 18 U.S.C. 875(c) for knowingly transmitting a threatening communication. We affirm. I. FACTS AND PROCEDURAL HISTORY On November 10, 2010, talk-show host Joyce Kaufman at WFTL radio received an anonymous email form-response stating: Dear Ms. Kaufman I was so thrilled to see you speak in person for congressman elect west. I was especially exited [sic] to hear you encourage us to exercise our second amendment gun rights. I felt your...
TJOFLAT, Circuit Judge: I. United States Department of Treasury regulations provide that a parent corporation may file in its own name a consolidated income tax return for itself and its subsidiary corporations (the "Consolidated Group" or "Group"). 1 In addition to filing the tax return in its own name, the parent corporation receives in its name any income tax refunds due the members of the Consolidated Group. 2 Federal law does not govern the allocation of the Group's tax refunds; hence,...
RESTANI, Judge: Defendants-Appellants Ronn Sterling ("Sterling") and Cornell Brumfield ("Brumfield") appeal their convictions for armed bank robbery, use of a firearm during and in relation to a crime of violence, and possession of a firearm by a convicted felon. Sterling argues that his right to be present at trial under Federal Rule of Criminal Procedure 43 was violated, and both defendants argue that evidence of their prior convictions was inadmissible. Additionally, Brumfield argues that...
FAY, Circuit Judge: Roberto Garza-Mendez, a Mexican citizen who pled guilty to unlawful re-entry into the United States by an aggravated felon, in violation of 8 U.S.C. 1326(a) and (b)(2), appeals the calculation of his sentence. The district judge applied an 8-level increase under U.S.S.G. 2L1.2(b)(1)(C) (2011) for Garza-Mendez's Georgia-family-violence-battery conviction, declined to give him a variance or departure based on cultural assimilation, and imposed a 3-year term of supervised...
On Remand from the Supreme Court of the United States PER CURIAM: In Childers v. Floyd, 568 U.S. ___, 133 S.Ct. 1452 , 185 L.Ed.2d 358 (2013), the United States Supreme Court granted a writ of certiorari, vacated our judgment in Childers v. Floyd, 642 F.3d 953 (11th Cir. 2011) (en banc) ( Childers I ), and remanded the case for further consideration in light of Johnson v. Williams, 568 U.S. ___, 133 S.Ct. 1088 , 185 L.Ed.2d 105 (2013). In a previous case, Harrington v. Richter,...
PRYOR, Circuit Judge: This appeal presents the issue whether an exception can swallow the general rule about the limited role of citizen suits under the Clean Water Act: that is, whether a citizen can evade the requirements of notice and a 60-day waiting period, 33 U.S.C. 1365(b), by suing a discharger of pollutants for violations of the "new source" standards of the Act, id. 1316, instead of violations of that discharger's state-issued permit, even when that permit incorporates those...
ANDERSON, Circuit Judge: After a criminal jury trial, Defendant-Appellant Morgan Siler appeals his conviction and sentence for assaulting a corrections officer with a deadly or dangerous weapon in violation of 18 U.S.C. 111(b). After careful review, and with the benefit of oral argument, we affirm Siler's conviction and sentence. I. BACKGROUND A. Offense Conduct In June 2008, Siler was a holdover inmate at a federal correctional facility in Georgia while en route to a federal...
DUBINA, Circuit Judge: Appellant James Robertson ("Robertson") appeals his convictions for two counts of murder in aid of racketeering, in violation of 18 U.S.C. 1959(a)(1). Robertson challenges the district court's denial of his pretrial motion to dismiss the indictment, its ruling sustaining the government's first Batson 1 challenge, and its denial of his motion for acquittal. After reviewing the record, reading the parties' briefs, and having the benefit of oral argument, we affirm...
MARTIN, Circuit Judge: Dwight Dion Donawa petitions for review from an order of the Board of Immigration Appeals (BIA) affirming an Immigration Judge's (IJ) determination that Mr. Donawa is not eligible for cancellation of removal because he committed an aggravated felony. We must decide whether a conviction under Fla. Stat. 893.13(1)(a)(2) for the possession of cannabis with the intent to sell or deliver is, as a matter of law, a drug trafficking aggravated felony. After a careful review of...
ORDER ON REHEARING EN BANC BY THE COURT: A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted against granting a rehearing en banc, IT IS ORDERED that the Suggestion of Rehearing En Banc is DENIED. WILSON, Circuit Judge, concurring in the denial of rehearing en banc: I was on the panel that heard and decided this appeal. While I do not...
