UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,
v.
MICHAEL KAPELUSHNIK, A.K.A. MICHAEL KAPEL, DEFENDANT-APPELLEE; UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, V. ALEXANDER VOLIS, A.K.A. ALEX KLINE, DEFENDANT-APPELLEE
EDMONDSON, Chief Judge, concurs in the result. . This court adopted as binding precedent all decisions of the Fifth Circuit handed down prior to October 1, 1981. See Bonner v. City of Prichard, 661 F. 2d 1206, 1209 (11th Cir.1981) (en banc). . Once the written judgment is entered, the time period for filing a notice of appeal com-menees. See generally Fed. R. App. P. 4(b); see also United States v. Rothseiden, 680 F. 2d 96, 97 (11th Cir.1982) (explaining that period for filing notice of appeal begins to run “from the entry in the criminal docket of the judgment ... (as opposed to running from the rendition of the judgment . ..).”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Trainor, 376 F.3d 1325 (11th Cir. 2004)…e statements are true.” United States v. Delgado, 56 F. 3d 1357, 1371 (11th Cir.1995). Similarly, a defendant must provide evidence regarding mitigating circumstances to support a district court’s downward departure. United States v. Kape-lushnik, 306 F. 3d 1090, 1095 (11th Cir.2002) (noting that assertions by defense counsel at sentencing, standing alone, are an insufficient basis upon which to grant a downward departure). Likewise, when opposing a defendant’s Rule 41 motion for return of property, mere…
-
United States v. Johnson, 541 F.3d 1064 (11th Cir. 2008)…amount of restitution did not exceed the $30,000 threshold), but merely that the court acted untimely; thus, the sentence itself did not violate Johnson’s right to due process or result in a miscarriage of justice. In United States v. Kapelushnik, 306 F. 3d 1090 (11th Cir.2002), we held that where “the district court fails to [issue an order of restitution] within the 90-day limitations period, the judgment of conviction becomes final and contains no enforceable restitution provision.” Id. at 1093-94. In…
-
United States v. Pressley, 345 F.3d 1205 (11th Cir. 2003)…to depart upward is present to such a degree as to warrant an upward departure”). The district court has the authority to depart only when the record supports its findings of fact, which we review for clear error. See United States v. Kapelushnik, 306 F. 3d 1090, 1095 (11th Cir.2002) (“[T]he factor which removes the case from the heartland of the guidelines and warrants a downward departure must be supported by evidence in the record.”); Steele, 178 F. 3d at 1238-39 (abuse of discretion to base departure on…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bonner v. City OF Prichard, 661 F.2d 1206 (11th Cir. 1981)
- United States v. Hitchmon, 602 F.2d 689 (5th Cir. 1979)
- United States v. Trujillo, 146 F.3d 838 (11th Cir. 1998)
- United States v. Myat Maung, 267 F.3d 1113 (11th Cir. 2001)
- Euziere v. United States, 266 F.2d 88 (10th Cir. 1959)
- United States v. Rothseiden, 680 F.2d 96 (11th Cir. 1982)
- United States v. Yahaira Onofre-Segarra, 126 F.3d 1308 (11th Cir. 1997)
- United States v. Regueiro, 240 F.3d 1321 (11th Cir. 2001)
- United States v. Curry, 760 F.2d 1079 (11th Cir. 1985)
- United States v. Kei Tomono, 143 F.3d 1401 (11th Cir. 1998)