[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-11590 JUNE 2, 2011 ________________________ JOHN LEY CLERK D.C. Docket No. 1:07-cv-03218-WBH THOMAS F. BONAVENTURA lllllllllllllllllllllPlaintiff-Counter- lllllllllllllllllllllDefendant-Appellee, versus UNITED STATES OF AMERICA lllllllllllllllllllllDefendant-Counter- lllllllllllllllllllllClaimant-Third Party Plaintiff- lllllllllllllllllllllAppellant, GREGORY A. SMITH, llllllllllllllllllllllThird Party Defendant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (June 2, 2011) Before HULL, BLACK and STAPLETON,* Circuit Judges. PER CURIAM: After review and oral argument, we conclude the Appellant United States of America has not demonstrated reversible error in the district court’s order dated December 14, 2009 which entered judgment in favor of the Appellee Thomas F. Bonaventura. Even concluding the presumption of official regularity applies, the evidence creates factual issues for the fact-finder, and we cannot say there was insufficient evidence to support the district court’s fact findings and conclusions of law. AFFIRMED. * Honorable Walter K. Stapleton, United States Circuit Judge for the Third Circuit, sitting by designation. 2