21 U.S.C. § 841(A)(1) (Possession With Intent To Distribute)

99 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Pineda-Ortuno
  952 F.2d 98· 5th Cir.· 1992-01-16 ·cited 16×
  The court held that while convictions for drug and firearm offenses are affirmed, the sentences for the firearms counts must be vacated and remanded because multiple firearms counts cannot be based on a single drug trafficking offense.
• United States v. COX
  934 F.2d 1114· 10th Cir.· 1991-05-24 ·cited 16×
  The court affirmed the defendant's convictions, finding that the joinder of offenses was proper, the evidence was sufficient, and the sentencing calculations were largely correct.
• United States v. Poole
  929 F.2d 1476· 10th Cir.· 1991-04-04 ·cited 16×
  The court held that the indictment was sufficient, the admission of prior drug sale testimony under Rule 404(b) was proper, the jury instructions were not misleading, and the sentencing based on the total drug quantity was appropriate.
• United States v. English
  925 F.2d 154· 6th Cir.· 1991-02-04 ·cited 16×
  The court held that the evidence was sufficient to support convictions for engaging in a continuing criminal enterprise (CCE) and that jury instructions regarding unanimity on the identities of supervised persons were not required. However, conspiracy convictions must be vacated
• United States v. van Buren
  804 F.2d 888· 6th Cir.· 1986-10-14 ·cited 16×
  The court held that a guilty plea must be vacated if the district court fails to establish a factual basis for the plea and fails to determine that the defendant understood the complex nature of the charges.
• United States v. Serna
  799 F.2d 842· 2d Cir.· 1986-08-25 ·cited 16×
  The court affirmed convictions, holding that evidentiary rulings were proper and sufficient evidence supported the convictions.
• United States v. Nocar
  497 F.2d 719· 7th Cir.· 1974-05-31 ·cited 16×
  The court held that the defendants' prosecution was valid despite the timing of the controlled substance schedule republication, and that probable cause existed for the warrantless search of their automobile.
• United States v. Lopez-Gil
  965 F.2d 1124· 1st Cir.· 1992-01-03 ·cited 15×
• United States v. Smallwood
  920 F.2d 1231· 5th Cir.· 1991-01-03 ·cited 15×
  The court held that the district court properly included the potential yield of methamphetamine from seized precursor chemicals in calculating the defendant's sentence under the guidelines, and that the defendant's guilty plea was voluntary and intelligent.
• United States v. Robinson
  956 F.2d 1388· 7th Cir.· 1992-02-27 ·cited 14×
  The court held that the evidence was sufficient to support a finding of a single conspiracy and that the district court did not err in admitting co-conspirator statements, jury instructions, tape recordings, transcripts, or evidence of prior marijuana conspiracy and imprisonment.
• United States v. Daly
  493 F.2d 395· 5th Cir.· 1974-05-02 ·cited 14×
  The court held that under pre-Almeida-Sanchez standards, the border search of the defendant's truck was valid.
• United States v. Adams
  914 F.2d 1404· 10th Cir.· 1990-09-18 ·cited 12×
  The court held that the mandatory minimum sentence enhancement applied to an aider and abettor, and that the trial court did not err in its evidentiary rulings or jury instructions.
• United States v. Hasna Sayed Dahdah
  864 F.2d 55· 7th Cir.· 1988-12-13 ·cited 12×
  The court held that while the district court erred in sustaining an objection to defense counsel's redirect examination, this error was harmless and did not affect the jury's verdict.
• United States v. Jennings
  842 F.2d 159· 6th Cir.· 1988-03-22 ·cited 12×
  The court held that a RICO conviction requires at least two predicate acts, and if only one act is proven, the conviction must be reversed. However, other convictions not dependent on the RICO count are affirmed.
• United States v. Jackson
  863 F.2d 1168· 4th Cir.· 1989-01-03 ·cited 10×
  The court held that the Anti-Drug Abuse Act is constitutional and that the admission of coconspirator statements and a defendant's false exculpatory statement were proper or harmless error. The evidence was sufficient to sustain convictions.
• United States v. Montoya
  782 F.2d 1554· 11th Cir.· 1986-02-27 ·cited 10×
  Possession of cocaine in the United States, even with intent to distribute it in a foreign country, is sufficient to establish guilt under 21 U.S.C. § 841(a)(1).
• United States v. Dayton
  592 F.2d 253· 5th Cir.· 1979-03-30 ·cited 10×
• United States v. Barnett
  989 F.2d 546· 1st Cir.· 1993-03-29 ·cited 9×
  The court affirmed the convictions and sentencing, finding that the drug quantity was reasonably estimated, the drug purity issue was waived, consent to search was voluntary, and the search warrant affidavit established probable cause even without disputed information.
• United States v. DeShawn Lee Robinson
  978 F.2d 1554· 10th Cir.· 1992-11-02 ·cited 8×
  The court held that admitting gang affiliation evidence as substantive proof of guilt was improper, and that the prosecution breached a plea agreement with a defendant.
• United States v. Clement A. Abadie, Jr.
  879 F.2d 1260· 5th Cir.· 1989-07-28 ·cited 8×
  The court affirmed the convictions, finding sufficient probable cause for arrest and search, admissible evidence, and adequate proof for conspiracy, possession, and Travel Act violations.
• United States v. Johnston
  685 F.2d 934· 5th Cir.· 1982-08-30 ·cited 8×
  The court held that the appellant received a fair trial and affirmed his conviction, finding no reversible error in the trial court's rulings on jury bias, pretrial motions, evidence suppression, sufficiency of evidence, jury instructions, prosecutorial misconduct, or grand jury
• United States v. Villalon
  605 F.2d 937· 5th Cir.· 1979-11-02 ·cited 8×
  The court held that the destruction of evidence, the legality of the search, the refusal of a jury instruction, and insufficiency of evidence did not warrant reversal of the conviction.
• United States v. McDONALD
  991 F.2d 866· D.C. Cir.· 1993-04-30 ·cited 6×
  The court held that 21 U.S.C. § 860(a) does not require proof of intent to distribute drugs within the school zone, only possession within that zone. It also held that a juvenile conviction 'set aside' under the D.C. Youth Rehabilitation Act is not equivalent to an 'expunged' con
• United States v. Olson
  978 F.2d 1472· 7th Cir.· 1992-11-05 ·cited 6×
  The court affirmed the convictions, holding that the trial court did not abuse its discretion in refusing to disclose the informant's address, nor in its jury instructions or evidentiary rulings, and that sufficient evidence supported the convictions.
• United States v. Folonsho Samuel Ojebode
  957 F.2d 1218· 5th Cir.· 1992-03-30 ·cited 6×
  The court held that the evidence was sufficient to support convictions for conspiracy to import, importation, conspiracy to possess with intent to distribute, and possession with intent to distribute heroin. However, the court reversed and remanded the importation conviction due
• United States v. Wright
  704 F.2d 420· 8th Cir.· 1983-04-14 ·cited 6×
  The court held that a search warrant for a residence and specific drugs authorizes the search of containers within the residence where those drugs could reasonably be found, and that evidence was sufficient to support a conviction for possession with intent to distribute.
• Lewis v. United States
  555 F.2d 1360· 8th Cir.· 1977-05-31 ·cited 6×
  The court held that it lacked jurisdiction over the appeal from the denial of the § 2255 motion due to an untimely notice of appeal, and affirmed the denial of the Rule 59(e) motion.
• United States v. Anderson
  981 F.2d 1560· 10th Cir.· 1992-12-23 ·cited 4×
  The court held that the evidence was insufficient to support Anderson's convictions, and that unlawfully obtained evidence required reversal of Cordova's and Salinas' convictions.
• United States v. Martin
  869 F.2d 1118· 8th Cir.· 1989-03-13 ·cited 4×
  The court held that the defendant's conviction and sentence for possession with intent to distribute PCP were not clearly erroneous, affirming the district court's judgment.
• United States v. Welton Zolicoffer
  869 F.2d 771· 3d Cir.· 1989-03-09 ·cited 4×
  The court reversed the conviction under the Travel Act because there was no proof of an overt act after the interstate travel.
• United States v. Almeida-Biffi
  825 F.2d 830· 5th Cir.· 1987-08-13 ·cited 4×
  The court held that the district court did not abuse its discretion in denying severance and mistrial motions, that sufficient evidence supported the convictions, and that limiting evidence to a specific date was not plain error.
• United States v. Powell
  823 F.2d 996· 6th Cir.· 1987-07-24 ·cited 4×
  The court held that an indictment is valid on its face and not subject to challenge based on the alleged inadequacy or incompetence of the evidence presented to the grand jury.
• United States v. Sampson
  980 F.2d 883· 3d Cir.· 1992-11-27 ·cited 3×
  The court held that the district court erred by admitting prior drug convictions without a proper articulation of their relevance under Rule 404(b) and without conducting a Rule 403 balancing test.
• United States v. Hernandez
  995 F.2d 307· 1st Cir.· 1993-05-12 ·cited 2×
  The court affirmed convictions, holding that jury instructions were adequate, evidence supported convictions for conspiracy, possession, and firearm offenses, and entrapment defense was not warranted.
• United States v. Maxwell Allen
  960 F.2d 1055· D.C. Cir.· 1992-04-07 ·cited 2×
  The court affirmed the convictions, holding that the search warrant was valid, the evidence was sufficient, and the prosecutor's arguments and evidentiary rulings were not grounds for reversal.
• United States v. Nolberto Zuniga-Salinas
  945 F.2d 1302· 5th Cir.· 1991-10-16 ·cited 2×
  The court affirmed the conviction for possession with intent to distribute and the denial of the motion for a new trial, but affirmed the acquittal on the conspiracy charge, suggesting en banc review for the latter.
• United States v. Citro
  938 F.2d 1431· 1st Cir.· 1991-07-17 ·cited 2×
  The court held that the evidence was sufficient to support Lodato's convictions, the 'oral intercept' was properly authorized, the exclusion of the answering machine tape was within the court's discretion, and drug dependency is not a basis for downward departure under the guidel
• United States v. Palomino
  877 F.2d 835· 10th Cir.· 1989-06-12 ·cited 2×
  The court affirmed the convictions and sentences, finding no error in the denial of severance, the government's investigation, prosecutorial conduct, or the search of the defendant's residence.
• United States v. Sawyers
  963 F.2d 157· 8th Cir.· 1992-04-16 ·cited 1×
  The court held that the government's explanation for the delay in sealing wiretap recordings was objectively reasonable, and the jury instructions and evidence were sufficient to support the convictions.
• United States v. Dorelus
  11th Cir.· 2025-10-10
  The court held that denying a defendant safety valve relief based on firearm possession, even when also sentenced for firearm possession, does not violate the Double Jeopardy Clause.
• United States v. Kennedy
  11th Cir.· 2025-07-25
  Robert Kennedy was convicted of possessing a firearm as a convicted felon, possessing heroin with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime, following a search of his apartment that revealed drugs, scales, ammunition, and a handgun.
• Readon v. United States
  S.D. Fla.· 2024-01-17
  The court held that the movant's motion under 28 U.S.C. § 2255 was untimely and denied a certificate of appealability.
• Johnson v. United States
  S.D. Fla.· 2023-10-03
  The court held that the movant failed to demonstrate ineffective assistance of counsel regarding challenges to the indictment, a search, or advice on § 924(c) elements, and thus denied the motion to vacate.
• United States v. Daphney Henderson-Durand
  985 F.2d 970· 8th Cir.· 1993-02-12
  The court affirmed the convictions and sentences, holding that Arnold waived his claim of outrageous government conduct by failing to raise it pretrial, and that the jury's rejection of the coercion defense was supported by sufficient evidence.
• United States v. Chapple
  985 F.2d 729· 3d Cir.· 1993-02-11
  The court held that the weight of cocaine is a sentencing factor for the judge, not a jury element, and the district court erred by deferring to the jury's implicit finding on weight.
• United States v. Tinker
  985 F.2d 241· 6th Cir.· 1992-12-15
  The court's holding, as dictated by precedent, is that Michigan law fails to substantially restore civil rights to felons, thus subjecting them to federal firearm prohibitions. However, the concurring judge disagrees with this interpretation.
• United States v. Lafoon
  978 F.2d 1183· 10th Cir.· 1992-11-02
  A voluntary and intelligent guilty plea waives non-jurisdictional defenses, including challenges to the scheduling of a controlled substance.
• United States v. Nakagawa
  924 F.2d 800· 9th Cir.· 1991-01-30
  The court held that the district court did not err in calculating the offense level based on the actual quantity of drugs involved or in departing from the guidelines based on the number and dangerousness of weapons found, and the sentence did not violate double jeopardy.
• United States v. Maxcell A. Johnson
  909 F.2d 1517· D.C. Cir.· 1990-08-03
  The court held that possessing the same controlled substance in different forms at the same time and place constitutes a single offense, not multiple offenses.