United States v. Foster, 155 F.3d 1329 (11th Cir. 1998). · Go Syfert
United States v. Foster, 155 F.3d 1329 (11th Cir. 1998). Cases Citing This Book View Copy Cite
“where the evidence has two possible interpretations, the district court's choice between them cannot be clearly erroneous.”
59 citation events (53 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Philip Gerry (ca11, 2022-01-11)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Philip Gerry (2×) also: Cited as authority (rule)
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
where the evidence has two possible interpretations, the district court's choice between them cannot be clearly erroneous.
discussed Cited as authority (rule) United States v. Nicholas Woozencroft
11th Cir. · 2025 · confidence medium
The district court clearly errs when, after reviewing all of the evidence, we are left with a “definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited as authority (rule) United States v. William Mateu
11th Cir. · 2024 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331-32 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Donnie Joe Singleton
11th Cir. · 2024 · confidence medium
“Where the evidence has two possible interpretations, the district court’s choice between them cannot be clearly erroneous.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Devonne L. Walker
11th Cir. · 2023 · confidence medium
A factual finding is clearly erroneous when, upon review of the evidence, the Court is “left with a defi- nite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Jairo Rodriguez-Cuero
11th Cir. · 2022 · confidence medium
Ro- driguez-Lopez, 363 F.3d at 1137 (quoting Foster, 155 F.3d at 1331).
cited Cited as authority (rule) United States v. Rodrick Domonique Jones
11th Cir. · 2021 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Bob Cotchery, III
11th Cir. · 2020 · confidence medium
For a district court’s factual finding to be clearly erroneous, “after reviewing all of the evidence” we “must be left with a definite and firm conviction that a mistake has been committed.” United States v. Rodriguez-Lopez, 363 F.3d 1134, 1137 (11th Cir. 2004) (quoting United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998)).
discussed Cited as authority (rule) United States v. Joe Harry Pegg
11th Cir. · 2020 · confidence medium
“For a factual finding to be ‘clearly erroneous,’ this court, ‘after reviewing all of the evidence, must be left with a definite and firm conviction that a mistake has been committed.’” United States v. 16 Case: 18-11573 Date Filed: 04/29/2020 Page: 17 of 19 Rodriguez–Lopez, 363 F.3d 1134, 1137 (11th Cir. 2004) (quoting United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998)). i. Substantial Interference with the Administration of Justice “Substantial interference with the administration of justice” includes a “premature or improper termination of a felony investigati…
discussed Cited as authority (rule) United States v. Jerry Hall
11th Cir. · 2019 · confidence medium
Factual findings will be clearly erroneous if, after reviewing all of the evidence, this Court is “left with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998). 6 Case: 17-10973 Date Filed: 06/27/2019 Page: 7 of 14 Additionally, when applying the Guidelines to the facts of the case, “the due deference standard is, itself, tantamount to clear error review.” United States v. Rothenberg, 610 F.3d 621, 624 (11th Cir. 2010) (internal quotation marks omitted).
cited Cited as authority (rule) United States v. Michael Simpson
11th Cir. · 2019 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Heraldo Mojica, Jr.
11th Cir. · 2018 · confidence medium
Mr. Mojica may disagree with the court’s interpretation of the evidence, but, “[w]here evidence has two possible interpretations, the district court’s decision cannot be clearly erroneous.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Gerric Martin Jones
11th Cir. · 2018 · confidence medium
A finding of fact is clearly erroneous if we are left with a “definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Thomas M. Jackson, Jr.
11th Cir. · 2018 · confidence medium
A finding of fact is clearly erroneous only if we are left with a “definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Derek Lamar Reddick
11th Cir. · 2017 · confidence medium
A clearly erroneous factual finding occurs when we, “after reviewing all of the evidence,” are “left with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Andy Armas
11th Cir. · 2017 · confidence medium
A clearly erroneous factual finding occurs when we “after reviewing all of the evidence” are “left with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Jeremy S. Daubon
11th Cir. · 2017 · confidence medium
A clearly erroneous factual finding occurs when “after reviewing all of the evidence,” we are “left with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Todd Christian Van Linda
11th Cir. · 2017 · confidence medium
United States v. Foster, 155 F.3d 1329, 1332 (11th Cir. 1998)(hold-ing that “[although printing does not require licensing or formal education, it is a unique technical skill that clearly requires special training”); see also United States v. Malgoza, 2 F.3d 1107, 1111 (11th Cir. 1993) (holding that “[although not every instance of radio operation requires skills not possessed by members of the general public, it is possible to develop expertise in that field that rises to the level of a-special skill”).
discussed Cited as authority (rule) United States v. Caridad Rioseco Alejandrez (2×) also: Cited "see"
11th Cir. · 2017 · confidence medium
United States v. Foster, 155 F.3d 1329, 1332 (11th Cir. 1998) (holding that “[a]l-though printing does not require licensing or formal education, it is a unique technical skill that clearly requires special training”); see also United States v. Malgoza, 2 F.3d 1107, 1111 (11th Cir. 1993) (holding that “[ajlthough not every instance of radio operation requires skills not possessed by members of the general public, it is possible to develop expertise in that field that rises to the level of a special skill”).
cited Cited as authority (rule) United States v. Lazaro Mora Gutierrez
11th Cir. · 2017 · confidence medium
For a finding to be clearly erroneous, we “must be left with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Carlos Montes
11th Cir. · 2013 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
cited Cited as authority (rule) United States v. Scott Allan Bennett
11th Cir. · 2012 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
cited Cited as authority (rule) United States v. Andrew M. Wedderburn
11th Cir. · 2012 · confidence medium
“Where the evidence has two possible interpretations, the district court’s choice between them cannot be clearly erroneous.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Andrew M. Wedderburn
11th Cir. · 2012 · confidence medium
“Where the evidence has two possible interpretations, the district court’s choice between them cannot be clearly erroneous.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Joseph Ulysses Grant, IV
11th Cir. · 2012 · confidence medium
A special skül does not require formal education, see United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998), and “may be obtained through life experience and self study,” United States v. Batista De La Cruz, 460 F.3d 466, 468 (3d Cir.2006).
discussed Cited as authority (rule) United States v. Chadwick Brannon
11th Cir. · 2012 · confidence medium
A district court’s factual finding is clearly erroneous when a review of the evidence leaves us “with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Luis Felipe Rosado-Sabido
11th Cir. · 2011 · confidence medium
The district court’s finding is clearly erroneous when our review of the evidence leaves us “with the definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
cited Cited as authority (rule) United States v. De La Cruz Suarez
11th Cir. · 2010 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Carlos Pupo
11th Cir. · 2009 · confidence medium
For a finding of fact to amount to clear error, we must be left “after reviewing all of the evidence, ... with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
cited Cited as authority (rule) United States v. Roberto Hidalgo Silvera
11th Cir. · 2008 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. *769 1998); United States v. Malgoza, 2 F.3d 1107, 1110-11 (11th Cir.1993).
cited Cited as authority (rule) United States v. Jose Luis Hernandez-Millan
11th Cir. · 2007 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
cited Cited as authority (rule) United States v. Omar Antwan Walker
11th Cir. · 2006 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
cited Cited as authority (rule) United States v. Onas Richmond Barr
11th Cir. · 2006 · confidence medium
United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Omar Rodriguez-Lopez (2×)
11th Cir. · 2004 · confidence medium
STANDARD OF REVIEW 16 With respect to sentencing guideline issues, this court reviews purely legal questions de novo, a district court's factual findings for clear error, and, in most cases, a district court's application of the guidelines to the facts with "due deference." United States v. White, 335 F.3d 1314, 1317 (11th Cir.2003). 2 For a factual finding to be "clearly erroneous," this court, "after reviewing all of the evidence, must be left with a definite and firm conviction that a mistake has been committed." United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
discussed Cited as authority (rule) Bokay Co. v. Celotex Corp. (In Re Celotex Corp.)
M.D. Fla. · 1999 · confidence medium
As the Eleventh Circuit recently explained, “[f]or a factual finding to be clearly ‘erroneous,’ the Court, after reviewing all of the evidence, must be left with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
discussed Cited as authority (rule) Speights & Runyan v. Butler (In re Celotex Corp.)
M.D. Fla. · 1998 · confidence medium
That standard provides that such an order “will be reversed only if the court abused its discretion.” In re Red Carpet Corp. Of Panama City Beach, 902 F.2d 883, 890 (11th Cir.1990). 4 Such an abuse of discretion occurs “if the judge fails to apply the proper legal standard or to follow proper procedure in making the determination, or bases an award upon findings of fact that are clearly erroneous.” Id. 5 As recently articulated by the Eleventh Circuit, “[f]or a factual finding to be ‘clearly erroneous,’ the Court, after reviewing all of the evidence, must be left with a definite …
discussed Cited as authority (rule) Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v. Celotex Corp. (In Re Celotex Corp.)
M.D. Fla. · 1998 · confidence medium
As recently articulated by the Eleventh Circuit, “[f]or a factual finding to be ‘clearly erroneous,’ the Court, after reviewing all of the evidence, must be left with a definite and firm conviction that a mistake has been committed.” United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
discussed Cited "see" United States v. John Ernst Tennant, Jr. (2×)
11th Cir. · 2022 · signal: see · confidence high
See United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited "see" United States v. Ryan K. Noble
11th Cir. · 2021 · signal: see · confidence high
See United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited "see" United States v. David Ryan Alberts
11th Cir. · 2017 · signal: see · confidence high
See United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
cited Cited "see" United States v. Lorenzo Lance Boles
11th Cir. · 2009 · signal: see · confidence high
See United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
discussed Cited "see, e.g." United States v. Walter Eugene Stone
11th Cir. · 2013 · signal: see also · confidence medium
Pineiro, 389 F.3d at 1366 ; see also United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998) (‘Where the evidence has two possible interpretations, the district court’s choice between them cannot be clearly erroneous.”) Because the district court did not clearly err by concluding that Mrs. Stone consented to the search, we affirm its denial of the motion to suppress and Stone’s conviction.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Claude FOSTER, Defendant-Appellant
97-4786.
Court of Appeals for the Eleventh Circuit.
Sep 24, 1998.
155 F.3d 1329
Abe A. Bailey, Miami, FL, for Defendant-Appellant., Adalberto Jordan, Evelio J. Yera, Lisa T. Rubio, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.
Barkett, Marcus, Tjoflat.
Cited by 42 opinions  |  Published
MARCUS, Circuit Judge:

This is an appeal from a 41-month sentence for conspiracy to possess counterfeit currency in violation of 18 U.S.C. § 371, and making counterfeit currency in violation of 18 U.S.C. § 471, imposed as the result of a plea agreement. On appeal Defendant Claude Foster (“Foster”) argues that 1) the district court erred in failing to grant a downward departure because the government engaged in sentencing manipulation; and 2) the district court erred in enhancing Foster’s sen[*1331] tence because it erroneously considered Foster’s knowledge of printing to be a special skill and assessed him a two-level upward adjustment under section 3B1.8, U.S. Sentencing Guidelines Manual (1997) (“U.S.S.G.”).

We have fully reviewed the record and the briefs and have carefully considered each of the issues on appeal, and, finding no merit to either, we affirm the ruling of the district court. Only one issue, a matter of first impression in this Circuit, merits any discussion — whether printing is a “special skill” as defined in the U.S. Sentencing Guidelines, U.S.S.G. § 3B1.3.

We review the district court’s legal interpretation of the term “special skills” de novo, United States v. Malgoza, 2 F.3d 1107, 1110 (11th Cir.1993), but the district court’s factual findings as to whether a defendant has a special skill pursuant to U.S.S.G. § 3B1.3 is reviewable for clear error. Id.; see also United States v. Carlson, 87 F.3d 440, 446 (11th Cir.1996); United States v. Shenberg, 89 F.3d 1461, 1478 (11th Cir.1996). For a factual finding to be “clearly erroneous,” the Court, after reviewing all of the evidence, must be left with a definite and firm conviction that a mistake has been committed. General Trading Inc. v. Yale Materials Handling Corp. 119 F.3d 1485 (11th Cir.1997). Where the evidence has two possible interpretations, the district court’s choice between them cannot be clearly erroneous. Malgoza, 2 F.3d at 1111 (citing Anderson v. City of Bessemer City, 470 U.S. 564, 573-74, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985)).

Under section 3B1.3 of the U.S. Sentencing Guidelines, a special skill “refers to a skill not possessed by members of the general public and usually requiring substantial education, training or licensing. Exam-pies would include pilots, lawyers, doctors, accountants, chemists and demolition experts.” U.S.S.G. § 3B1.3, Application n. 2. The Guidelines explain that “[t]his adjustment applies to persons who abuse their ... special skills to facilitate significantly the commission or concealment of a crime. Such persons generally are viewed as more culpable.” Id. It has generally been recognized that the “special skill” enhancement provision of section 3B1.3 “applies only if the defendant employed a ‘special skill’ in the form of a pre-existing, legitimate skill not possessed by the general public to facilitate the commission or concealment of a crime.” United States v. Young, 932 F.2d 1510, 1513 (D.C.Cir.1991). In United States v. Malgoza, we observed that this section extends to defendants who commit their crimes through the use of unique technical skills not necessarily acquired through formal education. 2 F.3d at 1110-11 (holding § 3B1.3 applied to defendant using advanced radio operating ability to facilitate drug trafficking).

Other circuit courts of appeals have addressed this issue and concluded that printing is a “special skill” under the Sentencing Guidelines. See United States v. Sharpsteen, 913 F.2d 59, 62 (2nd Cir.1990) (district court did not abuse its discretion in finding that defendant’s expertise as a printer constituted a special skill that significantly facilitated the commission of the offense by operating a printing press that produced counterfeit money); United States v. Foster, 876 F.2d 377, 378 (5th Cir.1989) (based on testimony that work with a printing press required a high level of technical skill, printing is a special skill that requires substantial training) [1] ; United States v. Moore, 29 F.3d 175 (4th Cir.1994) (president of a printing company and his co-owner were found to possess a special skill in printing); cf. United States v. Fuente-Kolbenschlag, 878 F.2d 1377 (11th Cir.1989).

[*1332] Plainly, printing is a skill “not possessed by members of the general public.” U.S.S.G. § 3B1.3. Although printing does not require licensing or formal education, it is a unique technical skill that clearly requires special training. A layperson on the street would not be competent to prepare and operate a printing press, or perform the other activities required in the printing process. Thus, we hold that printing is a special skill under section 3B1.3. Having reached this conclusion, the only questions remaining are whether the facts of this case support the finding that Foster possessed the skill of printing and, if so, whether he engaged in printing “in a manner that significantly facilitated the commission ... of the offense.” U.S.S.G. § 3B1.3. On the record before us, we find that the district court did not clearly err in finding that Foster possessed this skill — he had worked for about a year in a legitimate printing business — and that he used the skill in “significantly facilitating the commission of his crime.” Notably, Foster came to the United States with serial numbers and negatives needed to further the printing process, he helped set up and calibrate the printing machinery, and he assisted in the operation of the printing machines. See United States v. Carlson, 87 F.3d 440, 446 (11th Cir.1996) (“The development of a laboratory to produce illegal drugs is a threshold component to a successful” execution of the crime.); Malgoza, 2 F.3d 1107, 1110 (11th Cir.1993) (The individual’s “knowledge of radio frequencies, ability to set up the necessary equipment and ability to operate the radio” must all be considered in determining whether the defendant possessed “special skills.”). Accordingly, we conclude that the judgment of the district court must be, and is, AFFIRMED.

1

. In Foster, defendant pleaded guilty to photographing federal reserve notes with intent to counterfeit. While the Fifth Circuit held that the district court correctly found that printing was a special skill which Foster possessed, the court reversed the district court's sentence because "the printing skill was not used in connection with the offense charged.” 876 F.2d at 378. See also United States v. Green, 962 F.2d 938 (9th Cir.1992)(preexisting skill in printing does not facilitate the crime of photographing federal reserve notes.)