Possession With Intent To Distribute Cocaine

1,645 Florida cases classified under this topic, plus 299 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Carmine Tramunti
  513 F.2d 1087· 2d Cir.· 1975-03-07 ·cited 252×
  The court held that the police had probable cause to arrest DiNapoli and Papa and to search the suitcase, and therefore the contents were admissible.
• United States v. Diecidue
  603 F.2d 535· 5th Cir.· 1979-10-01 ·cited 226×
  A RICO conspiracy indictment adequately alleges an essential element when it charges defendants with willfully and knowingly conspiring to violate 18 U.S.C.A. § 1962(c) and describes the nature of the racketeering activities composing the alleged pattern. The definition of 'enter
• United States v. Matra
  841 F.2d 837· 8th Cir.· 1988-03-09 ·cited 207×
  The court held that the evidence was sufficient to convict the defendant of possession of cocaine with intent to distribute, possession of an unregistered machine gun, and using a machine gun during a drug trafficking offense, and that possession with intent to distribute qualifi
• United States v. Rigoberto Moya-Gomez
  860 F.2d 706· 7th Cir.· 1988-09-30 ·cited 198×
  The court held that the pretrial restraint of assets under 21 U.S.C. § 853, which includes funds for attorneys' fees, does not violate the Sixth Amendment right to counsel of choice, as the statute does not exempt attorneys' fees and the threat of forfeiture impacts the ability t
• United States v. Berkowitz
  662 F.2d 1127· 5th Cir.· 1981-12-07 ·cited 189×
  The court held that the district court did not abuse its discretion in denying motions for severance, limiting cross-examination, or in its handling of other issues raised by the defendants.
• United States v. Dudley Lee Berry
  670 F.2d 583· 5th Cir.· 1982-03-19 ·cited 188×·via Possession Of Cocaine Hydrochloride With Intent To Distribute
  Appellants voluntarily consented to accompany agents to the DEA office, making their subsequent detention lawful.
• United States v. Terence George Kelly
  888 F.2d 732· 11th Cir.· 1989-09-29 ·cited 182×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  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. Augustin Alvarez
  755 F.2d 830· 11th Cir.· 1985-03-20 ·cited 179×
  BATF agents are protected under 18 U.S.C. § 1114, and knowledge of the victim's federal status is not an element of the assault crime under 18 U.S.C. § 111.
• United States v. Onori
  535 F.2d 938· 5th Cir.· 1976-07-26 ·cited 175×
  The court held that the trial court's actions regarding judicial comments, admission of 'other crimes' evidence, limitations on cross-examination, and use of transcripts did not constitute reversible error.
• United States v. Carlson
  547 F.2d 1346· 8th Cir.· 1976-12-17 ·cited 172×
  The court held that the admission of grand jury testimony under Fed.R.Ev. 804(b)(5) was proper because the declarant was unavailable due to the defendant's actions, and the defendant waived his confrontation rights by causing the unavailability. The court also found the testimony
• 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. LaGUARDIA
  774 F.2d 317· 8th Cir.· 1985-10-07 ·cited 154×
  The court held that the evidence was sufficient to support convictions for possession of cocaine with intent to distribute and use of a firearm to commit a felony.
• United States v. Epifanio Sanchez-Lopez
  879 F.2d 541· 9th Cir.· 1989-06-22 ·cited 146×
  The court held that the district court erred in denying the motion for election of counts because the conspiracy charges for cocaine and heroin were multiplicious. The court also found that the joinder of alienage counts with drug counts was proper and that the judge's comments d
• United States v. Cravero
  545 F.2d 406· 5th Cir.· 1976-08-06 ·cited 136×
  Entry into a third party's home to execute an arrest warrant is permissible without a search warrant if officers reasonably believe the suspect is present.
• United States v. Andrus
  775 F.2d 825· 7th Cir.· 1985-10-22 ·cited 129×
  The court held that the trial court did not err in admitting coconspirator statements under Fed.R.Evid. 801(d)(2)(E) and that the procedures used to determine admissibility did not violate defendants' rights.
• United States v. Otero
  868 F.2d 1412· 5th Cir.· 1989-03-23 ·cited 128×
  The court held that the district court erred by not affording the defendant an opportunity to dispute the factual basis for an upward departure based on cocaine purity.
• United States v. Thurnell Alston
  895 F.2d 1362· 11th Cir.· 1990-03-08 ·cited 125×
  The court held that a defendant must satisfactorily establish concrete facts for comparison to prove pretext in a Batson claim.
• United States v. Vasquez
  638 F.2d 507· 2d Cir.· 1980-12-29 ·cited 123×
  The court affirmed convictions for Vasquez, Sanchez, and the Mesas, but vacated Amparo Medina's conviction and remanded for further proceedings.
• United States v. Susanne M. Hutchinson
  488 F.2d 484· 8th Cir.· 1973-12-05 ·cited 122×
  The court held that the entry by an undercover agent invited into a home for a drug transaction did not require announcement under 18 U.S.C. § 3109, and that sufficient evidence supported the convictions for possession with intent to distribute and conspiracy.
• United States v. Cervantes
  878 F.2d 50· 2d Cir.· 1989-06-14 ·cited 120×
  A district court must adequately articulate the grounds for an upward departure from the Sentencing Guidelines, perform the mandatory § 4A1.3 analysis, and provide defense counsel proper notice and opportunity to be heard.
• United States v. Cruz
  805 F.2d 1464· 11th Cir.· 1986-12-16 ·cited 119×
  Convictions for using a firearm during a drug trafficking crime under 18 U.S.C. § 924(c) are reversed because drug trafficking is not a 'crime of violence' as defined by 18 U.S.C. § 16. Carlos Cruz's conspiracy conviction merges with his continuing criminal enterprise conviction
• United States v. Losada
  674 F.2d 167· 2d Cir.· 1982-03-12 ·cited 119×
  The court held that the dismissal of a conspiracy count does not automatically require reversal of convictions on substantive counts or a continuing criminal enterprise count, and that the denial of a severance was not an abuse of discretion.
• United States v. Jamiel Alexander Chagra
  669 F.2d 241· 5th Cir.· 1982-03-03 ·cited 118×
  The court held that the government's decision to seek a superseding indictment with a continuing criminal enterprise charge was not vindictive, and that the defendant received a fair trial despite pretrial publicity because an impartial jury was impaneled.
• United States v. Asnaldo Sanchez
  722 F.2d 1501· 11th Cir.· 1984-01-16 ·cited 116×
  The court held that the evidence was sufficient to support the convictions, that the admission of coconspirator statements was proper, and that prejudicial remarks by government witnesses were cured by the trial court's instructions, thus denying a fair trial was not reversible e
• United States v. Littrell
  574 F.2d 828· 5th Cir.· 1978-06-07 ·cited 116×
  The court held that the evidence was insufficient to support Littrell's conspiracy conviction and convictions for possession and distribution, but affirmed Davi's convictions.
• United States v. Black
  675 F.2d 129· 7th Cir.· 1982-04-06 ·cited 115×
  The dissenting judge would hold that the police encounter constituted a Fourth Amendment seizure and that the officers lacked sufficient specific and articulable facts to justify the seizure, rendering any subsequent search illegal.
• United States v. Tobin
  923 F.2d 1506· 11th Cir.· 1991-02-21 ·cited 112×
  The en banc court affirmed the district court's denial of the motions to suppress, holding that the warrantless search of the house, garage, and station wagon was permissible under the Fourth Amendment.
• United States v. Killian
  639 F.2d 206· 5th Cir.· 1981-03-09 ·cited 111×
  The court held that the defendants' convictions were valid, affirming the trial court's decisions regarding the admissibility of evidence, the scope of the conspiracy, and procedural matters.
• United States v. White
  875 F.2d 427· 4th Cir.· 1989-05-22 ·cited 110×
  The court affirmed the sentences, holding that the district court did not err in refusing to reduce White's offense level for acceptance of responsibility, properly enhanced Jackson's offense level for firearm possession, and correctly denied Jackson's request for a minor partici
• United States v. Narcisa Savinovich
  845 F.2d 834· 9th Cir.· 1988-04-26 ·cited 110×
  The court affirmed the convictions, holding that the admission of scales and firearms was not unfairly prejudicial and that the evidence was sufficient to support the convictions for possession with intent to distribute and attempted distribution.
• United States v. Himmelwright
  551 F.2d 991· 5th Cir.· 1977-05-09 ·cited 110×
  The court held that the customs officials had reasonable suspicion to conduct an exterior body surface search of the appellant, which led to the discovery of contraband.
• United States v. Tam Henry Holmes
  838 F.2d 1175· 11th Cir.· 1988-03-01 ·cited 107×
  The court held that the evidence was sufficient to sustain the jury's conviction and that the mandatory minimum sentencing provisions of 21 U.S.C. sec. 841(b)(1) are constitutional.
• United States v. Montes-Cardenas
  746 F.2d 771· 11th Cir.· 1984-11-15 ·cited 107×
  The court held that the evidence was sufficient to support the convictions, the joinder of drug and firearms counts was proper, and the trial court did not abuse its discretion in denying severance or continuance motions.
• United States v. Streeter
  907 F.2d 781· 8th Cir.· 1990-06-29 ·cited 106×
  The court held that a district court's departure from Sentencing Guidelines requires specific findings of circumstances not adequately considered by the Commission, and that the Drug Quantity Table's equivalency of 100 grams per marijuana plant is invalid as applied when the stat
• United States v. Urrego-Linares
  879 F.2d 1234· 4th Cir.· 1989-07-20 ·cited 106×
  A defendant seeking a mitigating factor at sentencing bears the burden of proving its applicability by a preponderance of the evidence, and co-conspirator statements made after arrest are admissible if in furtherance of the conspiracy.
• The United States v. Poole
  878 F.2d 1389· 11th Cir.· 1989-08-04 ·cited 105×
  The court held that the evidence was sufficient to support the defendant's convictions for possession of cocaine with intent to distribute and for using a firearm during and in relation to a drug trafficking offense.
• United States v. MacHado
  804 F.2d 1537· 11th Cir.· 1986-12-03 ·cited 105×
  The court affirmed the convictions, finding no reversible error in the admission of coconspirator statements, denial of severance motions, limitations on cross-examination, or sufficiency of evidence for the charges.
• United States v. Ordonez
  737 F.2d 793· 9th Cir.· 1983-12-23 ·cited 105×
  The court held that the Ninth Circuit's refusal to adopt the rule of per se admissibility for statements falling within firmly rooted hearsay exceptions is incorrect and conflicts with Supreme Court precedent.
• United States v. Terzado-Madruga
  897 F.2d 1099· 11th Cir.· 1990-04-02 ·cited 103×
  The court held that while the government violated the defendant's Sixth Amendment right to counsel by recording post-indictment conversations, the proper remedy was to exclude the evidence from the trial of the indicted charges, not to dismiss the indictment or suppress evidence
• United States v. Torres
  901 F.2d 205· 2d Cir.· 1990-04-03 ·cited 102×
  The court affirmed most convictions but reversed one firearm conviction and vacated others for resentencing due to jury instruction errors regarding continuing criminal enterprise.
• United States v. Sklar
  920 F.2d 107· 1st Cir.· 1990-12-03 ·cited 101×
  The court held that the district court's finding of relevant conduct for GSR calculation was supported by evidence, but erred in departing downward based on defendant's cooperation without a government motion and on rehabilitation that was not extraordinary.
• United States v. Franklin
  902 F.2d 501· 7th Cir.· 1990-05-07 ·cited 100×
  The court affirmed the sentences of all four defendants, finding that the district courts properly applied the Sentencing Guidelines, including upward departures, and that the right of allocution was not denied.
• United States v. Felino Rodriguez
  882 F.2d 1059· 6th Cir.· 1989-08-15 ·cited 100×
  The court affirmed the conviction and sentence, holding that sufficient evidence supported the jury's verdict, rebuttal testimony was admissible, prior bad acts evidence was properly admitted, and the upward departure from the Sentencing Guidelines was reasonable.
• United States v. Aulet
  618 F.2d 182· 2d Cir.· 1980-03-10 ·cited 100×
  The court held that the defendant received effective assistance of counsel and that the jury charge on conscious avoidance was proper, affirming the conviction.
• United States v. Restrepo
  884 F.2d 1294· 9th Cir.· 1989-09-12 ·cited 99×
  The court held that the Sentencing Guidelines do not require a connection between a firearm and a drug offense for sentence enhancement, only possession during the offense, and that a special assessment statute was unconstitutional.
• United States v. Brett
  872 F.2d 1365· 8th Cir.· 1989-04-24 ·cited 99×
  The court held that the circumstantial evidence, including possession of a key to a fortified drug house, was sufficient to support convictions for conspiracy, possession with intent to distribute, and use of a firearm in relation to a drug trafficking offense. Sentencing enhance
• United States v. Recalde
  761 F.2d 1448· 10th Cir.· 1985-05-10 ·cited 95×
  The court held that the defendant's consent to search his vehicle was tainted by his unlawful seizure and detention, and therefore the evidence found must be suppressed.
• United States v. Jordan
  890 F.2d 968· 7th Cir.· 1989-12-07 ·cited 94×
  The court affirmed the district court's sentencing decision, finding no clear error in factual determinations or Guideline applications regarding obstruction of justice and acceptance of responsibility, and deeming the upward departure reasonable.
• United States v. Guerra
  888 F.2d 247· 2d Cir.· 1989-10-23 ·cited 94×·via Possession With Intent To Distribute Crack Cocaine
  The preponderance of the evidence standard satisfies due process for determining "relevant conduct" under the Sentencing Guidelines, not proof beyond a reasonable doubt.
• United States v. Gallo
  763 F.2d 1504· 6th Cir.· 1985-05-29 ·cited 94×
  The court affirmed the convictions of the appellants for RICO, CCE, and related offenses, finding sufficient evidence to support the jury's verdicts.