Aiding And Abetting Possession With Intent To Distribute Cocaine

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

• United States v. Terence George Kelly
  888 F.2d 732· 11th Cir.· 1989-09-29 ·cited 182×
  The court held that the evidence was insufficient to support convictions for conspiracy to possess with intent to distribute cocaine and for aiding and abetting such possession, and that the exclusion of testimony regarding the defendant's professional obligations was an abuse of
• United States v. Fleishman
  684 F.2d 1329· 9th Cir.· 1982-08-26 ·cited 164×
  The court affirmed the convictions, holding that the trial court did not err in admitting agent opinion testimony regarding lookout activity, handwriting expert testimony, or coconspirator hearsay statements, and that sufficient evidence supported the conspiracy conviction.
• United States v. Clark N. Fischel
  686 F.2d 1082· 5th Cir.· 1982-09-10 ·cited 86×
  The court held that the defendant failed to present sufficient evidence of government inducement to warrant an entrapment jury instruction and that the jury charge on aiding and abetting was adequate. The court also found that the denial of access to the informant's address, whil
• United States v. Ubaldo Trevino and Ramiro Gonzalez
  556 F.2d 1265· 5th Cir.· 1977-08-03 ·cited 79×
  The court held that the presentence report was not discoverable under the Jencks Act, Brady, or Rule 16 because these provisions are directed toward evidence in the hands of the prosecutor.
• United States v. Richardson
  764 F.2d 1514· 11th Cir.· 1985-07-12 ·cited 78×
  The court held that the government's use of a confidential informant did not constitute overreaching, evidence of prior bad acts was admissible, taped conversations were properly admitted, the evidence was sufficient to support convictions, and a variance between the indictment a
• United States v. Butler
  611 F.2d 1066· 5th Cir.· 1980-02-14 ·cited 70×
  The court held that the jury selection process was constitutional, the warrantless arrests and seizures were lawful, the denial of severance was proper, and the evidence was sufficient to sustain the convictions for conspiracy to possess marijuana and aiding and abetting possessi
• United States v. Thompson
  603 F.2d 1200· 5th Cir.· 1979-10-05 ·cited 70×
  The court held that the statutes and regulations regarding currency transaction reporting were not unconstitutionally vague as applied and that structuring a transaction to avoid reporting requirements was unlawful.
• United States v. Disla
  805 F.2d 1340· 9th Cir.· 1986-12-08 ·cited 69×
  The court held that the admission of Disla's post-arrest statement was harmless error and affirmed his convictions for conspiracy, possession, and wire fraud, but reversed his conviction for aiding and abetting possession.
• United States v. Campa
  679 F.2d 1006· 1st Cir.· 1982-05-27 ·cited 67×
  The court held that the evidence was sufficient to support the conviction for aiding and abetting, that the display of unoffered tapes was not prejudicial, that prosecutorial comments were not improper, that a principal need not be identified or convicted, and that the defendant
• United States v. McCRADY
  774 F.2d 868· 8th Cir.· 1985-10-01 ·cited 66×
  The court held that the warrantless search of the car's glove compartment was a valid search incident to arrest under the Belton rule, and the subsequent apartment search was not tainted. The court also found the admission of the assistant U.S. attorney's testimony to be an abuse
• United States v. Sailes
  872 F.2d 735· 6th Cir.· 1989-04-13 ·cited 64×
  The court held that the district court did not err in calculating the defendant's base offense level by including the entire quantity of cocaine involved in the overall scheme, nor in refusing to depart from the sentencing guidelines.
• United States v. Raper
  676 F.2d 841· D.C. Cir.· 1982-04-30 ·cited 62×
  The court affirmed the conviction of appellant Childs and Raper for unlawful possession of heroin with intent to distribute, finding sufficient evidence for constructive possession.
• United States v. Rivera
  775 F.2d 1559· 11th Cir.· 1985-11-15 ·cited 58×
  The court held that the evidence was insufficient to sustain Platt's conviction on the nine telephone counts, reversing those convictions. However, the court affirmed the convictions of both Platt and Rivera on the charge of aiding and abetting possession with intent to distribut
• United States v. Jackson
  526 F.2d 1236· 5th Cir.· 1976-02-13 ·cited 58×
  The court held that the evidence was insufficient to prove a prima facie case of aiding and abetting possession with intent to distribute cocaine.
• United States v. Keck
  773 F.2d 759· 7th Cir.· 1985-08-30 ·cited 56×
  The court held that the indictment was not defective, the district court did not abuse its discretion in denying severance, admitting transcripts with speaker identities, or admitting certain conversations, and the jury instructions were proper.
• United States v. Dempsey Buford Merida
  765 F.2d 1205· 5th Cir.· 1985-06-27 ·cited 56×
  The court affirmed all convictions, finding no merit in the defendants' assignments of error regarding evidence admissibility, discovery violations, and cross-examination restrictions.
• United States v. Chotas
  913 F.2d 897· 11th Cir.· 1990-10-02 ·cited 49×
  A district court cannot depart downward under Sentencing Guidelines § 5K1.1 for substantial assistance without a motion from the government.
• United States v. Dixon
  562 F.2d 1138· 9th Cir.· 1977-07-13 ·cited 49×
  The court held that the hearsay statement was improperly admitted under the coconspirator exception as to Dixon.
• United States v. Gonzalez
  933 F.2d 417· 7th Cir.· 1991-05-01 ·cited 48×
  The court affirmed the convictions and sentence, holding that the indictment was not multiplicitous, severance was not required, the display of cocaine was proper, expert testimony was admissible, and there was sufficient evidence for the convictions.
• United States v. Gallo
  927 F.2d 815· 5th Cir.· 1991-03-19 ·cited 46×
  The court held that the stop of the defendant's car was justified by traffic violations and the search of a box within the car was a valid inventory search, and that sufficient evidence supported the convictions.
• United States v. Wright
  742 F.2d 1215· 9th Cir.· 1984-09-18 ·cited 44×
  The court held that the district court erred in granting a judgment of acquittal for Stearns on the conspiracy charge, and that the jury's verdict of conviction on the lesser included offense should be reinstated. The court affirmed all other convictions.
• United States v. Alphonso Galloway Burroughs
  830 F.2d 1574· 11th Cir.· 1987-11-03 ·cited 43×
  The court held that the government's failure to disclose the wife's immunity was not a Brady violation because the defense learned of it and presented it to the jury, and the evidence was not material. Venue was proper as the defendant had a continuing stake in the drug sales in
• United States v. Draper
  888 F.2d 1100· 6th Cir.· 1989-11-02 ·cited 41×
  The court held that the evidence was sufficient to convict the appellant of aiding and abetting possession with intent to distribute cocaine, that cross-examination of an alibi witness regarding prior kidnapping charges was permissible for impeachment, and that the dual sentencin
• United States v. Goff
  847 F.2d 149· 5th Cir.· 1988-06-02 ·cited 40×
  The court clarified its prior opinion, correcting misleading language regarding double jeopardy vacaturs for certain counts of conspiracy to import and possess.
• United States v. Weaver
  594 F.2d 1272· 9th Cir.· 1979-04-09 ·cited 40×
  The court held that co-conspirator statements implicating the defendant were improperly admitted because there was insufficient independent evidence connecting the defendant to the conspiracy, and the remaining evidence was insufficient to support an aiding and abetting convictio
• United States v. Ivey
  915 F.2d 380· 8th Cir.· 1990-09-27 ·cited 38×
  The court held that the evidence was sufficient to support the convictions of Ivey, Johnson, and Nance for drug-related offenses, and that the district court properly applied the inevitable discovery doctrine.
• United States v. MacHor
  879 F.2d 945· 1st Cir.· 1989-06-29 ·cited 34×
  The court affirmed the convictions, finding no reversible error in the sufficiency of the evidence, the admission of co-conspirator statements, the denial of a motion to substitute counsel, the refusal to exclude the case agent, or the limitation of cross-examination.
• United States v. Cotton
  770 F.2d 940· 11th Cir.· 1985-09-06 ·cited 34×
  The court affirmed the convictions, finding sufficient evidence and no reversible error in jury instructions, search and seizure, or prosecutorial misconduct.
• United States v. Wayne
  903 F.2d 1188· 8th Cir.· 1990-05-21 ·cited 33×
  The court held that the district court did not err in denying the motion for a new trial on Counts III and V, denying the motion to suppress evidence, or in its sentencing determinations.
• United States v. Schwartz
  666 F.2d 461· 11th Cir.· 1982-01-22 ·cited 32×
  The court held that the evidence was sufficient to sustain the appellant's conviction for aiding and abetting possession of cocaine with intent to distribute.
• United States v. Houde
  596 F.2d 696· 5th Cir.· 1979-06-11 ·cited 32×
  The court held that the evidence was sufficient to sustain the convictions for conspiracy and possession with intent to distribute, and that the trial court did not abuse its discretion in denying motions for sanctions and continuance.
• United States v. Wood
  924 F.2d 399· 1st Cir.· 1991-02-01 ·cited 30×
  The court held that evidence of prior drug transactions was admissible under Fed.R.Evid. 404(b) and that the admission of a letter, even if erroneous, constituted harmless error. However, the court found that one uncharged drug transaction was improperly included in calculating t
• United States v. Carbone
  798 F.2d 21· 1st Cir.· 1986-08-13 ·cited 27×
  The court held that the admission of authenticated and enhanced tape recordings and the use of transcripts as a jury aid were not an abuse of discretion, and that the denial of a post-trial hearing on alleged perjury was proper.
• United States v. Quinones
  758 F.2d 40· 1st Cir.· 1985-04-01 ·cited 26×
  The Omnibus Crime Control Act applies to Puerto Rico, and evidence admissible under federal law cannot be excluded because it would be inadmissible under Puerto Rico law.
• United States v. Lema
  909 F.2d 561· 1st Cir.· 1990-07-18 ·cited 25×
  The court held that the defendant's motion for a new trial was untimely because the claim of ineffective assistance of counsel was not based on newly discovered evidence. The court also held that the evidence was sufficient to support the convictions for aiding and abetting.
• United States v. Bernal
  884 F.2d 1518· 1st Cir.· 1989-09-14 ·cited 24×
  The court affirmed the convictions and sentences of both appellants, finding no merit in their challenges regarding sentencing, evidentiary rulings, or sufficiency of evidence.
• United States v. Tolliver
  780 F.2d 1177· 5th Cir.· 1986-01-16 ·cited 24×
  The court held that the evidence was insufficient to support the conspiracy and possession convictions for Scott and Onick, reversing their convictions. The court affirmed the convictions for Tolliver, Perrett, and Galvan-Venegas, finding probable cause for their arrests.
• United States v. Winston
  687 F.2d 832· 6th Cir.· 1982-08-31 ·cited 24×
  The court held that the defendant's actions in facilitating a drug transaction, including introducing the parties, arranging the meeting, and quoting prices, were sufficient to constitute aiding and abetting, even without a direct financial stake.
• United States v. Stuart
  923 F.2d 607· 8th Cir.· 1991-01-16 ·cited 22×
  The court affirmed convictions, holding that sufficient evidence supported the distribution charge, evidentiary rulings were not prejudicial, Brady/Jencks material was properly handled, and entrapment claims lacked merit.
• United States v. Erwin Pascacio Clotida
  892 F.2d 1098· 1st Cir.· 1989-12-20 ·cited 22×
  The court held that a defendant who fails to renew a motion for acquittal after presenting evidence waives the motion, but the conviction can still be reviewed for manifest injustice. The court also held that mere presence at the scene of a crime, without more, is insufficient to
• Gov't OF the Canal Zone v. Davis
  592 F.2d 887· 5th Cir.· 1979-04-06 ·cited 22×
  The court held that the district court's denial of the appellants' motion to inspect jury records was reversible error, violating their rights under the Jury Selection and Service Act of 1968.
• United States v. Valencia-Roldan
  893 F.2d 1080· 9th Cir.· 1990-01-10 ·cited 20×
  The court held that 21 U.S.C. § 845b is a separate offense statute, not a sentence enhancement, and does not require proof that the defendant knew the minor's age.
• United States v. Chase
  838 F.2d 743· 5th Cir.· 1988-02-12 ·cited 20×
  The court held that a jury can rationally find guilt for simple possession as a lesser included offense of possession with intent to distribute, even if the prosecution's evidence suggests distribution, and that cautionary instructions regarding extrinsic evidence were adequate.
• United States v. Gonzales
  929 F.2d 213· 6th Cir.· 1991-04-03 ·cited 18×
  The court affirmed the defendant's conviction and sentence, holding that the ineffective assistance of counsel claim could not be raised for the first time on appeal and that the upward departure from the Sentencing Guidelines was reasonable.
• United States v. Houston
  892 F.2d 696· 8th Cir.· 1989-12-19 ·cited 18×
  The court held that the convictions and sentences were valid, and that the government's cross-appeal regarding sentencing under the Guidelines was procedurally barred due to a failure to object.
• United States v. Wesson
  889 F.2d 134· 7th Cir.· 1989-11-13 ·cited 18×
  A person can be convicted of aiding and abetting possession with intent to distribute drugs even if they never possessed the drugs themselves.
• United States v. Posner
  865 F.2d 654· 5th Cir.· 1989-02-02 ·cited 18×
  The court held that evidence of subsequent marijuana transactions was admissible to show predisposition for cocaine charges, and that the evidence was sufficient to support the conspiracy conviction. However, the imposition of a supervised release term was improper.
• United States v. Easley
  977 F.2d 283· 7th Cir.· 1992-10-02 ·cited 16×
  The court held that the district court did not err in refusing to give a 'missing witness' instruction and in applying a two-point enhancement for obstruction of justice based on perjury.
• United States v. Levy
  955 F.2d 1098· 7th Cir.· 1992-01-30 ·cited 16×
  The court held that the district court did not err in admitting evidence of a prior attempted drug transaction under Rule 404(b), in denying the defendant's motion to suppress statements made during a non-custodial interrogation, and in imposing an enhanced sentence.
• United States v. Jairo Hernan PEÑA
  949 F.2d 751· 5th Cir.· 1991-12-16 ·cited 16×
  The court held that the evidence was sufficient to support a conviction for aiding and abetting possession with intent to distribute cocaine, and that the district court did not err in admitting agent's notes or in giving a deliberate ignorance jury instruction.