Tannenbaum v. United States, 148 F.3d 1262 (11th Cir. 1998). · Go Syfert
Tannenbaum v. United States, 148 F.3d 1262 (11th Cir. 1998). Cases Citing This Book View Copy Cite
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discussed Cited as authority (verbatim quote) Michael Jerome White v. Warden Joshua Jones, et al.
N.D. Ga. · 2026 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) LUCAS WILLIAMS v. SERGIO JIMENEZ, KEVIN McCLANAHAN, CARMEN PACHECO, DAWN HILL-KEARSE, and WAVNY TOUSSAINT
M.D. Ga. · 2026 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Lesa Maria Martino v. Christine Marlewski
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Gyden v. Dixson
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) SPIRES v. FULLER
M.D. Ga. · 2025 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) United States v. Patrick Joseph
11th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attor- neys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Freites C v. Medina
S.D. Fla. · 2025 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
examined Cited as authority (verbatim quote) Samuel Smith, Jr. v. Stuart Perkins
11th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be usca11 case: 24-13451 document: 20-1 date filed: 05/09/2025 page: 3 of 4 24-13451 opinion of the court 3 liberally construed.
discussed Cited as authority (verbatim quote) Leach v. Hoffman
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Nelson v. Kelly Services
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) CURRY v. WESTERN EXPRESS (2×) also: Cited as authority (rule)
M.D. Ga. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
examined Cited as authority (verbatim quote) United States v. Danny Marmol
11th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than usca11 case: 24-11992 document: 19-1 date filed: 01/22/2025 page: 8 of 15 8 opinion of the court 24-11992 pleadings drafted by attorneys and will, therefore, be liberally con- strued.
discussed Cited as authority (verbatim quote) DOWNING v. THOMPSON
M.D. Ga. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) WHITE v. VILSACK
M.D. Ga. · 2024 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) WHITE v. VILSACK
M.D. Ga. · 2024 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Ofer v. Millan
S.D. Fla. · 2024 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) James Elton Roberts v. Secretary, Department of Corrections
11th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys
discussed Cited as authority (verbatim quote) Daniel Rodriguez v. United States
11th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Ramos v. United States
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Thomas v. United States
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore by liberally construed.
discussed Cited as authority (verbatim quote) Dempsey v. Brevard County, Florida (2×) also: Cited as authority (rule)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Johnson v. The Preserves at Stonebriar Homeowner's Association, Inc.
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Previlon v. State of Florida Department of Revenue Child Support Program
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
ro se are held to a less stringent standard than drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) MALLARD v. BROOKS COUNTY BOARD OF COMMISSIONERS
M.D. Ga. · 2023 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Jones v. Sheffield City Schools
N.D. Ala. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Ash v. JPay
S.D. Fla. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Gibbons v. Dekalb County Sheriff
N.D. Ala. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Trotman v. Moltke
N.D. Ala. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
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M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) James v. Pettway (2×) also: Cited as authority (rule)
S.D. Ala. · 2022 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Marie Patterson v. Georgia Pacific, LLC
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
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N.D. Ala. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
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N.D. Ala. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
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11th Cir. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than plead- ings drafted by attorneys and will, therefore, be liberally con- strued.
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N.D. Ala. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
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N.D. Ala. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
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11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent 3 case: 19-14949 date filed: 10/01/2020 page: 4 of 4 standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Davis v. Dotson
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Sarah Katherine Sussman v. Estate of John J. Gaffney
11th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
ssues not raised below are normally deemed waived.
discussed Cited as authority (verbatim quote) Willie Frank Wright, Jr. v. Warden
11th Cir. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Hawthorne v. U.S. Equal Employment Opportunity Commission
N.D. Ala. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) McCane v. School District of Pasco County
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
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M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Spencer v. Maddox
N.D. Ala. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Meadows v. Seafarers S.I.U. 97 Manufacturing Industrial Shipping Corp.
S.D. Ala. · 2017 · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys.
discussed Cited as authority (verbatim quote) Patricia G. Guthrie v. Wells Fargo Home Mortgage NA
11th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
pro se pleadings are held to a less stringent standard than pleadings drafted by an attorney and will, therefore, be liberally construed.
discussed Cited as authority (verbatim quote) Reed v. Winn Dixie, Inc. (2×) also: Cited "see"
11th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
ijssues not raised below are normally deemed waived.
discussed Cited as authority (verbatim quote) Charles Frank Williams v. United States (2×) also: Cited as authority (rule)
11th Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
in order to convict a defendant for 'carrying' a firearm, it is necessary only to show that the defendant knowingly carried a gun in a car that was being used as a drug-distribution center.
discussed Cited as authority (quoted) Shekku Abu-Bakar Gbemeh v. Are Telecommunications, LLC
M.D. Ga. · 2026 · quote attribution · 1 verbatim quote · confidence low
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
discussed Cited as authority (quoted) Larry Thomas, Jr. v. Ron James and Dylan Groves
M.D. Ga. · 2026 · quote attribution · 1 verbatim quote · confidence low
pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.
Retrieving the full opinion text from the archive…
Eric Mark TANNENBAUM, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
97-4441.
Court of Appeals for the Eleventh Circuit.
Aug 4, 1998.
148 F.3d 1262
Eric Mark Tannenbaum, Tallahassee, FL, pro se., William A. Keefer, U.S. Atty., Dawn Bowen, Evelio J. Yera, Adalberto Jordan, Asst. U.S. Attys., Miami, FL, for Respondent-Ap-pellee.
Godbold, Hill, Fay.
Cited by 1,666 opinions  |  Published
2 passages pin-cited by 9 cases
Pinpoint authority: #4,547 of 633,719
Citer courts: M.D. Florida (4) · M.D. Georgia (2) · N.D. Alabama (1) · Eleventh Circuit (1)
PER CURIAM:

Eric Mark Tannenbaum appeals the distinct court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence for the violation of 18 U.S.C. § 924(e)(1) (possession of a firearm during a drug-trafficking offense).

On appeal, Tannenbaum argues that when he pled guilty to carrying and using a firearm in violation of § 924, his plea was based solely on the law before the clarification in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995)(requiring proof of active employment of the firearm in the commission of the offense to establish “use” under 18 U.S.C. § 924(c)(1)). He also argues that because of the Supreme Court’s recent holding in Bousley v. United States, — U.S. -, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998), even though his claim was procedurally defaulted by not challenging the validity of his guilty plea on appeal, if he can establish “actual innocence,” .he may still be entitled to a hearing on its merits.

In a § 2255 proceeding, this Court reviews factual findings for clear error while it reviews legal issues de novo. Martin v. United States, 81 F.3d 1083, 1084 (11th Cir.1996); Fernandez v. United States, 941 F.2d 1488, 1491 (11th Cir.1991). Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed. Fernandez, 941 F.2d at 1491. But, issues not raised below are normally deemed waived. See generally United States v. Everett, 129 F.3d 1222, 1225 (11th Cir.1997). “[T]he voluntariness and intelligence of a guilty plea can be attacked on collateral review only if first challenged on direct review.” Bousley, 118 S.Ct. at 1609.

We have reviewed the applicable statutes and caselaw, examined the relevant portions of the record, and considered the briefs of the parties; we find no reversible error.

Because Bailey discussed only the “use” prong of § 924(c), it did not change the analysis to be applied to determine whether evidence is sufficient to convict a defendant for “carrying” a firearm under § 924(c). See United States v. Farris, 77 F.3d 391, 395 & n. 4 (11th Cir.), cert. denied, — U.S. -, 117 S.Ct. 241, 136 L.Ed.2d 170 (1996). In order to convict a defendant for “carrying” a firearm, it is necessary only to show that the defendant knowingly carried a gun in a car that was being used as a drug-distribution center. United States v. Range, 94 P.3d 614, 617 (11th Cir.l996)(defendant who knowingly carried a gun under the floormat of his car when delivering drug money was properly convicted of carrying a firearm under § 924(c), even though there was insufficient evidence to support his conviction for use of a firearm); see also, Muscarello v. United States, — U.S. -, 118 S.Ct. 1911, 141 L.Ed.2d 111 (1998)(holding the -phrase “carries a firearm” is not limited to the carrying[*1264] of firearms on the person, but also applies to a person who knowingly possesses firearms in a vehicle, including in the locked glove compartment or trunk of a car).

In Bousley, — U.S. at -, 118 S.Ct. at 1607, Bousley contended that neither he nor his counsel correctly understood the essential elements of the crime with which he was charged (§ 924(c)(1)) and that, therefore, his plea was constitutionally invalid. The Court noted that it has long held that “a plea does not qualify as intelligent unless a criminal defendant receives ‘real notice of the true nature of the charge against him.’” Id., citing Smith v. O’Grady, 312 U.S. 329, 61 S.Ct. 572, 85 L.Ed. 859 (1941). Bousley did not challenge the validity of his plea on appeal and, by failing to do so, proeedurally defaulted his claim. Bousley, — U.S. at -, 118 S.Ct. at 1607. However, the Court stated that his “claim may still be reviewed in this collateral proceeding if he can establish that the constitutional error in his plea colloquy ‘has probably resulted in the conviction of one who is innocent.’ ” Id., citing Murray v. Carrier, 477 U.S. 478, 496, 106 S.Ct. 2639, 2649, 91 L.Ed.2d 397. The Court went on to explain that to establish “actual innocence,” the petitioner must demonstrate that, “in light of all the evidence, it is more likely than not that no reasonable juror would have convicted him.” Bousley, — U.S. at -, 118 S.Ct. at 1607, citing Schlup v. Delo, 513 U.S. 298, 327-328, 115 S.Ct. 851, 867-868, 130 L.Ed.2d 808 (1995).

Tannenbaum asserts that he did not carry a gun “in relation to” a drug-trafficking offense. In support of this, he claims that the loaded weapon was “inadvertently” in the waistband of his pants when the drug transaction occurred and that he did not “intend” for the gun to be part of the drug transaction.

Neither the defendant’s subjective intention for the weapon nor the alleged inadver-tency of its presence was a factor in this Court’s determination in Range that the defendant was “carrying” a firearm during and in relation to a drug-trafficking offense. Range, 94 F.3d at 617. Range held that in order to convict a defendant for carrying a firearm, it is necessary only to show that the defendant was “knowingly” carrying a gun when the drug transaction occurred. Id.

At his change-of-plea hearing, Tannen-baum admitted to carrying a loaded weapon in his waistband during the drug transaction. According to Range, this fact is enough to convict Tannenbaum under the “carry” prong of § 924(c). Id.

Therefore, because Tannenbaum cannot demonstrate that he is innocent of the “carry” prong of § 924(e), he may not rely upon Bousley to have his defaulted claim of an unintelligent plea considered on its merits.

Because Bailey, 516 U.S. at 137, 116 S.Ct. at 501, only affects convictions based upon the “use” prong of § 924(c)(1), and because Tannenbaum cannot demonstrate that he is innocent of the “carry” prong of § 924(c)(1), he may not rely upon Bousley, — U.S. at -, 118 S.Ct. at 1604, to have his defaulted claim of an unintelligent plea considered on its merits. Accordingly, the district court did not clearly err in denying Tannenbaum’s § 2255 motion to vacate, set aside, or correct his sentence for the violation of 18 U.S.C. § 924(c)(1).

AFFIRMED.