At page 1331 Reviewing factual findings for clear error under sentencing guidelines40 citing cases“where the evidence has two possible interpretations, the district court's choice between them cannot be clearly erroneous.”
- United States v. Philip Gerry, No. 21-11592 (11th Cir. Jan. 11, 2022).unpublished (Where the evidence has two possible interpretations, the district court’s choice between them cannot be clearly erroneous.)
- United States v. Nicholas Woozencroft, No. 25-12322 (11th Cir. Oct. 6, 2025).unpublishedThe 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).
- United States v. William Mateu, No. 24-10500 (11th Cir. Nov. 7, 2024).unpublishedUnited States v. Foster, 155 F.3d 1329, 1331-32 (11th Cir. 1998).
- United States v. Donnie Joe Singleton, No. 23-11464 (11th Cir. Apr. 18, 2024).unpublished“Where the evidence has two possible interpretations, the district court’s choice between them cannot be clearly erroneous.”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).
- United States v. Devonne L. Walker, No. 21-14136 (11th Cir. Apr. 27, 2023).unpublishedA factual finding is clearly erroneous when, upon review of the evidence, the 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).
- United States v. Jairo Rodriguez-Cuero, No. 20-13085 (11th Cir. June 3, 2022).unpublishedRodriguez-Lopez, 363 F.3d at 1137 (quoting Foster, 155 F.3d at 1331).
- United States v. Rodrick Domonique Jones, No. 20-10359 (11th Cir. Sept. 13, 2021).unpublishedUnited States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
- United States v. Bob Cotchery, III, 834 F. App'x 555 (11th Cir. 2020).unpublishedFor 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,…
- United States v. Joe Harry Pegg, 812 F. App'x 851 (11th Cir. 2020).unpublished“For a factual finding to be ‘clearly erroneous,’ this court, ‘after reviewing all of the evidence, must be left with a definite and firm conviction that a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/…
- United States v. Jerry Hall, No. 17-10973 (11th Cir. June 27, 2019).unpublishedFactual 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).…
Show 29 more citing cases
- United States v. Michael Simpson, No. 18-11990 (11th Cir. Jan. 31, 2019).unpublishedUnited States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
- United States v. Heraldo Mojica, Jr., No. 17-15777 (11th Cir. Oct. 26, 2018).unpublishedMr. 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 (11t…
- United States v. Gerric Martin Jones, No. 17-13889 (11th Cir. May 30, 2018).unpublishedA 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).
- United States v. Thomas M. Jackson, Jr., No. 17-10392 (11th Cir. Mar. 23, 2018).unpublishedA 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).
- United States v. Derek Lamar Reddick, 714 F. App'x 938 (11th Cir. 2017).unpublishedA 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).
- United States v. Andy Armas, 712 F. App'x 923 (11th Cir. 2017).unpublishedA 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).
- United States v. Jeremy S. Daubon, 697 F. App'x 673 (11th Cir. 2017).unpublishedA 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).
- United States v. Lazaro Mora Gutierrez, 688 F. App'x 654 (11th Cir. 2017).unpublishedFor 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).
- United States v. Carlos Montes, 523 F. App'x 634 (11th Cir. 2013).unpublishedUnited States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
- United States v. Scott Allan Bennett, 494 F. App'x 949 (11th Cir. 2012).unpublishedUnited States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
- United States v. Andrew M. Wedderburn, 479 F. App'x 964 (11th Cir. 2012).unpublished “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).
- United States v. Joseph Ulysses Grant, IV, 479 F. App'x 904 (11th Cir. 2012).unpublishedA 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 Ci…
- United States v. Chadwick Brannon, 476 F. App'x 386 (11th Cir. 2012).unpublishedA 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).
- United States v. Luis Felipe Rosado-Sabido, 443 F. App'x 444 (11th Cir. 2011).unpublishedThe 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).
- United States v. De La Cruz Suarez, 601 F.3d 1202 (11th Cir. 2010).publishedUnited States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
- United States v. Carlos Pupo, 335 F. App'x 917 (11th Cir. 2009).unpublishedFor 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).
- United States v. Roberto Hidalgo Silvera, 282 F. App'x 767 (11th Cir. 2008).unpublishedUnited 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).
- United States v. Jose Luis Hernandez-Millan, 221 F. App'x 905 (11th Cir. 2007).unpublishedUnited States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
- United States v. Omar Antwan Walker, 199 F. App'x 884 (11th Cir. 2006).unpublishedUnited States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
- United States v. Onas Richmond Barr, 177 F. App'x 882 (11th Cir. 2006).unpublishedUnited States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
- United States v. Omar Rodriguez-Lopez, 363 F.3d 1134 (11th Cir. 2004).published STANDARD OF REVIEW 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…
- Bokay Co. v. Celotex Corp. (In Re Celotex Corp.), 232 B.R. 493 (M.D. Fla. 1999).publishedAs 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 Sta…
- Speights & Runyan v. Butler (In re Celotex Corp.), 232 B.R. 488 (M.D. Fla. 1998).publishedThat 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…
- Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v. Celotex Corp. (In Re Celotex Corp.), 232 B.R. 484 (M.D. Fla. 1998).publishedAs 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.” Unite…
- United States v. John Ernst Tennant, Jr., No. 21-13138 (11th Cir. May 13, 2022).unpublished See United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
- United States v. Ryan K. Noble, No. 21-10633 (11th Cir. Oct. 26, 2021).unpublishedSee United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
- United States v. David Ryan Alberts, 859 F.3d 979 (11th Cir. 2017).publishedSee United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998).
- United States v. Lorenzo Lance Boles, 317 F. App'x 961 (11th Cir. 2009).unpublishedSee United States v. Foster, 155 F.3d 1329, 1331 (11th Cir.1998).
- United States v. Walter Eugene Stone, 510 F. App'x 891 (11th Cir. 2013).unpublished(�Where the evidence has two possible interpretations, the district court’s choice between them cannot be clearly erroneous.)
At page 1332 Determining if printing constitutes a special skill under statute3 citing caseshold-ing that “[although printing does not require licensing or formal education, it is a unique technical skill that clearly requires special training
- United States v. Carlos Emilio Ibarg, No. 19-10734 (11th Cir. July 8, 2020).unpublishedFoster, 155 F.3d at 1332.
- United States v. Todd Christian Van Linda, 707 F. App'x 622 (11th Cir. 2017).unpublished(hold-ing that “[although printing does not require licensing or formal education, it is a unique technical skill that clearly requires special training)
- United States v. Caridad Rioseco Alejandrez, 701 F. App'x 789 (11th Cir. 2017).unpublished (holding that “[a]l-though printing does not require licensing or formal education, it is a unique technical skill that clearly requires special training)
v.
Claude FOSTER, Defendant-Appellant
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.
. 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.)