Possession With Intent To Distribute Cocaine Base

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

• United States v. Feliz-Cordero
  859 F.2d 250· 2d Cir.· 1988-10-11 ·cited 97×
  The court held that the search warrant was supported by probable cause under the totality-of-the-circumstances test, but the evidence was insufficient to sustain convictions for carrying or using a firearm during a drug trafficking crime.
• United States v. Williams
  876 F.2d 1521· 11th Cir.· 1989-07-12 ·cited 78×
  The court held that the initial stop of the appellants' automobile was supported by reasonable suspicion and that the sentencing statute for crack cocaine offenses was not unconstitutionally vague.
• United States v. Buckner
  894 F.2d 975· 8th Cir.· 1990-01-22 ·cited 77×
  The court held that the '100 to 1 ratio' of cocaine to cocaine base in the Sentencing Guidelines is rationally related to Congress's objective of protecting public welfare and does not violate the Fifth Amendment's due process clause or the Eighth Amendment's cruel and unusual pu
• United States v. Merbi Suarez
  911 F.2d 1016· 5th Cir.· 1990-08-30 ·cited 64×
  The court held that the district court erred by applying a revised sentencing guideline that removed the scienter requirement for firearm possession enhancements without making a finding of scienter, violating the ex post facto clause.
• United States v. Alfreda Barnes
  890 F.2d 545· 1st Cir.· 1989-11-30 ·cited 61×
  The court held that there was sufficient evidence to support the jury's verdict of constructive possession of cocaine base and possession of a firearm by a felon, and that the term 'cocaine base' was not unconstitutionally vague, nor were the jury instructions on reasonable doubt
• United States v. Brown
  859 F.2d 974· D.C. Cir.· 1988-10-21 ·cited 55×
  The court held that the statute's definition of 'cocaine base' is not unconstitutionally vague and the mandatory minimum sentence does not constitute cruel and unusual punishment.
• United States v. Kinsey
  843 F.2d 383· 9th Cir.· 1988-04-01 ·cited 54×
  The court held that the admission of expert testimony was proper, defendants lacked standing to challenge a co-defendant's arrest, sentence enhancement provisions do not violate the right to a jury trial, and mandatory minimum penalties do not violate the Eighth Amendment or sepa
• United States v. Long
  905 F.2d 1572· D.C. Cir.· 1990-06-22 ·cited 45×
  The court held that a defendant cannot be convicted of 'using' a firearm under 18 U.S.C. § 924(c)(1) without evidence of actual or constructive possession of the firearm. The court also held that a telephone call inquiring about drug availability, without intent to assert drug de
• United States v. Turpin
  920 F.2d 1377· 8th Cir.· 1990-11-26 ·cited 42×
  The court held that the evidence was sufficient to support the convictions for possession with intent to distribute and conspiracy, and that the denial of the motion to suppress and the application of the Sentencing Guidelines were not erroneous.
• United States v. Johnson
  944 F.2d 396· 8th Cir.· 1991-09-03 ·cited 40×
  The court affirmed convictions and sentences, except for Wilson's firearm conviction, finding sufficient evidence and valid procedures. The court also affirmed the denial of severance and suppression motions.
• United States v. Manner
  887 F.2d 317· D.C. Cir.· 1989-10-17 ·cited 39×
  The court held that the trial court erred in admitting evidence of Leeper's later drug sale without an on-record balancing of its probative value against its prejudicial effect, remanding for this determination. The court affirmed the denial of Manner's motion to sever and his mo
• United States v. Simmons
  964 F.2d 763· 8th Cir.· 1992-05-15 ·cited 34×
  The court affirmed the convictions but remanded for resentencing for one defendant, finding that while the exclusion of a probation report was an error, it was harmless, and that the Sentencing Guidelines' crack penalty ratio was constitutional.
• United States v. Bernardo Bruce
  939 F.2d 1053· D.C. Cir.· 1991-08-02 ·cited 34×
  The court held that mere possession of a firearm intended for future use in drug distribution, without evidence of its use to protect the drugs themselves, is insufficient to support a conviction under 18 U.S.C. § 924(c).
• United States v. Caballero
  936 F.2d 1292· D.C. Cir.· 1991-06-21 ·cited 34×
  The court affirmed the conviction but remanded for resentencing, holding that while the stop and search were lawful, the trial court improperly reduced the sentence based solely on the defendant's courier status without considering the broader context of the offense.
• United States v. van Hawkins
  899 F.2d 852· 9th Cir.· 1990-03-27 ·cited 31×
  The court held that the statutes penalizing trafficking of cocaine base are not unconstitutionally vague, as they provide sufficient notice of prohibited conduct and guidelines for law enforcement.
• United States v. Pryce
  938 F.2d 1343· D.C. Cir.· 1991-07-16 ·cited 30×
  The court should not consider the harmless error doctrine when the government fails to argue it, as this would violate the adversary system and judicial neutrality.
• United States v. Patrick
  959 F.2d 991· D.C. Cir.· 1992-03-17 ·cited 24×
  The television receipt was not hearsay when offered to show the defendant's connection to the apartment and television, not for the truth of payment.
• United States v. Royston C. Patterson
  886 F.2d 217· 8th Cir.· 1989-09-29 ·cited 24×
  The court held that the evidence was sufficient to support the defendant's convictions for possession of cocaine base with intent to distribute, illegal alien in possession of a firearm, and using a firearm in relation to drug trafficking.
• United States v. Clipper
  973 F.2d 944· D.C. Cir.· 1992-09-04 ·cited 22×
  An anonymous tip describing a suspect's appearance and location, corroborated by police observation of those details, can provide reasonable suspicion for a Terry stop and frisk, especially when the tip indicates the suspect is armed.
• United States v. Willis
  967 F.2d 1220· 8th Cir.· 1992-06-26 ·cited 22×
  The court holds that it is bound by prior decisions finding no merit in the equal protection argument regarding crack versus powder cocaine sentencing disparities.
• United States v. Rodriguez-Morales
  958 F.2d 1441· 8th Cir.· 1992-03-11 ·cited 22×
  A sentencing judge cannot depart below a statutory mandatory minimum sentence based solely on a government motion under U.S.S.G. § 5K1.1; a motion under 18 U.S.C. § 3553(e) is required for such a departure.
• United States v. McDONALD
  933 F.2d 1519· 10th Cir.· 1991-05-31 ·cited 22×
  The court held that the trial court did not abuse its discretion in admitting expert testimony to help the jury understand the evidence related to drug trafficking, and that the ex parte communication with a juror did not constitute plain error.
• United States v. Matthews
  942 F.2d 779· 10th Cir.· 1991-08-21 ·cited 20×
  The court held that the defendant's confession was voluntary, the seizure of firearms was valid under the plain view doctrine, but the evidence was insufficient to sustain a conviction for using a firearm in a drug trafficking offense. The court also held that the defendant was n
• United States v. PAZ
  927 F.2d 176· 4th Cir.· 1991-03-04 ·cited 20×
  The court held that there was sufficient evidence to convict the defendant of using a firearm during and in relation to drug trafficking, and that the district court did not abuse its discretion in refusing to reopen the case after the verdict.
• United States v. Avant
  907 F.2d 623· 6th Cir.· 1990-07-11 ·cited 20×
  The court held that the Anti-Drug Abuse Act's distinction between cocaine base (crack) and cocaine is not unconstitutionally vague and does not violate the Eighth Amendment's prohibition against disproportionate sentencing.
• United States v. Gohagen
  886 F.2d 1041· 8th Cir.· 1989-10-04 ·cited 20×
  The court held that the quantity of drugs for enhanced penalties under 21 U.S.C. § 841(b) is a matter for the sentencing judge, not the jury, and that the Sentencing Guidelines permit approximation of drug quantity when not seized.
• United States v. DeFREITAS
  865 F.2d 80· 4th Cir.· 1989-01-09 ·cited 20×
  A defendant seeking to withdraw a guilty plea must demonstrate a 'fair and just' reason, which includes showing counsel's performance fell below an objective standard of reasonableness and that prejudice resulted.
• United States v. Pearce
  912 F.2d 159· 6th Cir.· 1990-08-31 ·cited 18×
  The court held that the evidence was insufficient to support conspiracy convictions, as mere presence and association do not establish an agreement to commit a crime. However, convictions for possession and carrying a firearm were affirmed.
• United States v. Nichols
  912 F.2d 598· 2d Cir.· 1990-08-27 ·cited 18×
  The court held that the district court did not err in refusing a "missing witness" charge, denying suppression of evidence, or in its sentencing departure for defendant Davis. The court affirmed the judgments of conviction and sentences.
• 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. Malone
  886 F.2d 1162· 9th Cir.· 1989-09-28 ·cited 16×
  The court held that the DEA agents possessed reasonable suspicion to detain the defendant and his bag, and that his subsequent consent to search was voluntary, upholding the denial of his motion to suppress.
• United States v. Robinson
  967 F.2d 287· 9th Cir.· 1992-06-15 ·cited 14×
  The court held that federal prosecution did not violate due process, ineffective assistance of counsel claims are generally for collateral attack, the denial of a continuance was not an abuse of discretion, there was sufficient evidence for the conviction, and the sentence was pr
• United States v. Garrett
  959 F.2d 1005· D.C. Cir.· 1992-03-17 ·cited 14×
  The court held that the trial court did not err in finding probable cause to search the defendant's car and in excluding certain defense evidence, and that the application of the career offender provision of the Sentencing Guidelines was lawful.
• United States v. Jenkins
  928 F.2d 1175· D.C. Cir.· 1991-03-29 ·cited 14×
  The court held that the evidence was sufficient to sustain the jury's verdict against Jenkins, and rejected Stephens' sufficiency-of-the-evidence and severance claims.
• United States v. Butler
  924 F.2d 1124· D.C. Cir.· 1991-02-01 ·cited 14×
  The court held that the prosecutor's questioning and comments regarding the defendant's post-arrest silence did not violate due process, and the trial court did not err in its rulings on discovery, impeachment, jury instructions, or sentencing.
• United States v. Winfrey
  900 F.2d 1225· 8th Cir.· 1990-04-09 ·cited 14×
  The court held that the Sentencing Guidelines' 100:1 ratio of cocaine to cocaine base is constitutional, speedy trial rights were not violated, drug quantities were properly attributed, and evidence was sufficient for conviction.
• United States v. Watson
  953 F.2d 895· 5th Cir.· 1992-01-31 ·cited 12×
  The court held that the officers had reasonable suspicion for the investigatory stop based on the totality of the circumstances, and that the sentencing disparity between crack and powder cocaine does not violate constitutional due process or equal protection.
• 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. Jones
  973 F.2d 928· D.C. Cir.· 1992-08-14 ·cited 11×
  The court affirmed the conviction, holding that the evidence was legally obtained, the testimony admissible, and the sentence lawful.
• United States v. Soto
  959 F.2d 1181· 2d Cir.· 1992-03-24 ·cited 11×
  The court held that the admission of a codefendant's post-arrest statement was harmless error and that the evidence was sufficient to support the conviction. The court also affirmed the sentencing enhancements.
• United States v. Quarles
  955 F.2d 498· 8th Cir.· 1992-01-14 ·cited 10×
  The court held that the evidence seized during the stops and searches was admissible, and that the convictions and sentence were supported by sufficient evidence.
• United States v. McKIE
  951 F.2d 399· D.C. Cir.· 1991-12-06 ·cited 10×
  The court held that the Terry stop of the appellant was based on reasonable suspicion and that the loss of physical evidence did not violate due process because the government did not act in bad faith and the evidence was not shown to be exculpatory.
• United States v. Weaver
  906 F.2d 359· 8th Cir.· 1990-06-21 ·cited 10×
  The court held that the district court's finding of firearm possession was not clearly erroneous and that the Sentencing Guidelines do not violate due process.
• United States v. Darius White
  888 F.2d 1252· 8th Cir.· 1989-11-07 ·cited 10×
  The court held that the plea agreement did not bind the district court to sentence the defendant under Category I, nor did it guarantee a reduction for acceptance of responsibility.
• United States v. Bradford Satterwhite, III
  980 F.2d 317· 5th Cir.· 1992-12-17 ·cited 9×
  The court held that the federal prosecution did not violate due process and that the evidence seized was admissible under the good-faith exception to the exclusionary rule.
• United States v. Guerrero
  935 F.2d 189· 11th Cir.· 1991-07-05 ·cited 9×
  The court held that sufficient evidence supported the defendant's convictions for conspiracy to possess and distribute cocaine base, and possession with intent to distribute, and that the jury instructions on aiding and abetting and deliberate ignorance did not constitute plain e
• United States v. Trent L. Williams
  982 F.2d 1209· 8th Cir.· 1992-12-31 ·cited 8×
  The court upholds the Sentencing Commission's decision to penalize possession of cocaine base at a level 100 times greater than cocaine.
• 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. Hartsfield
  976 F.2d 1349· 10th Cir.· 1992-10-07 ·cited 8×
  The court held that the trial court did not abuse its discretion in admitting evidence of gang membership and prior drug dealings, denying motions for mistrial, and utilizing mass jury selection, and that sufficient evidence supported the conspiracy conviction.
• United States v. Todd
  963 F.2d 207· 8th Cir.· 1992-04-30 ·cited 8×
  The court held that the defendant's Fourth Amendment rights were not violated by the search and seizure, and that the district court's findings regarding jury selection and sentence enhancement were not clearly erroneous.