UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
STEVEN LAWRENCE RILEY, DEFENDANT-APPELLANT

11th Cir. | 2000-11-08
No. 99-2426
Before TJOFLAT, COX and BARKETT, Circuit Judges.
232 F.3d 844 Court of Appeals for the Eleventh Circuit (2000) Positive Treatment
Cited by 12 cases
Opinion of the Court
BY THE COURT:

BY THE COURT: We sua sponte grant rehearing in this appeal. Our opinion is published at 211 F. 3d 1207 (11th Cir.2000). After we filed our opinion in this appeal, but before the mandate issued, the Supreme Court decided Castillo v. United States, 530 U.S. 120, 120 S.Ct. 2090, 147 L.Ed.2d 94 (2000), which casts doubt on the correctness of our ruling rejecting Riley’s challenge to the enhanced penalty the district court imposed on him under 18 U.S.C. § 924(c)(1). We accordingly vacate the portion of our prior opinion addressing the § 924(c) sentencing issue and direct the clerk to schedule the appeal for oral argument on that issue before a regular oral-argument panel. REHEARING GRANTED; OPINION VACATED IN PART; ORAL ARGUMENT GRANTED IN PART.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (12 total)

  • Bryant v. Rich, 530 F.3d 1368 (11th Cir. 2008)
    …198 F. 3d 823, 828-29 (11th Cir.1999) (same); Goebert v. Lee County, 510 F. 3d 1312, 1322 (11th Cir.2007) (failure to exhaust under the PLRA); Miller v. Tanner, 196 F. 3d 1190, 1192 n. 5 (11th Cir.1999) (same); Stewart v. Booker T. Washington Ins., 232 F. 3d 844, 846 (11th Cir.2000) (failure to exhaust under Title VII); accord Ruggiero v. County of Orange, 467 F. 3d 170, 173 (2d Cir.2006) (failure to exhaust under the PLRA). A district court should not grant summary judgment where genuine issues of materi…
  • Feliciano v. City OF Miami Beach, 707 F.3d 1244 (11th Cir. 2013)
    …ncluding one created solely by the testimony of a party. See, e.g., Strickland v. Norfolk S. Ry. Co., 692 F. 3d 1151, 1160 (11th Cir.2012); Hulsey v. Pride Restaurants, LLC, 367 F. 3d 1238, 1247 (11th Cir.2004); Stewart v. Booker T. Washington Ins., 232 F. 3d 844, 850 (11th Cir.2000). Occasionally there is pushback against this rule, sometimes expressed in orders granting summary judgment despite what is described as the non-mov-ant’s “unsubstantiated” or “uncorroborated” or non-objective testimony. At oth…
  • Josendis v. Wall TO Wall Residence Repairs, Inc., 662 F.3d 1292 (11th Cir. 2011)
    …e v. Capobianco, 283 F. 3d 1275, 1278 (11th Cir.2002) (interpreting the Federal Rules of Civil Procedure’s personal knowledge requirement to require more than affidavits based only on “information and belief’); Stewart v. Booker T. Washington Ins., 232 F. 3d 844, 851 (11th Cir. 2000) (stating that assertions of fact based “[u]pon information and belief’ are insufficient (alteration in original)). The relevant factual allegations found in the VAC indicate that Wall to Wall employed twenty employees from 200…

Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw