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. Askold Kohlmann
  491 F.2d 1250· 5th Cir.· 1974-03-29 ·cited 33×
  The court held that the evidence was sufficient to support the jury's guilty verdict and that the jury's differing verdicts on the two counts were not grounds for reversal.
• United States v. Davern
  937 F.2d 1041· 6th Cir.· 1991-06-20 ·cited 32×
  The court held that the Sentencing Commission's prescribed sentencing steps are inconsistent with the governing statute, and that the alleged aggravating circumstances were not adequately considered by the Commission.
• United States v. Montilla
  928 F.2d 583· 2d Cir.· 1991-03-21 ·cited 32×
  The court held that the defendant voluntarily consented to the search of her bag, rendering the evidence admissible. However, the court remanded the issue of whether the initial encounter constituted an illegal seizure.
• United States v. Wilkinson
  926 F.2d 22· 1st Cir.· 1991-02-11 ·cited 32×
  The court affirmed the convictions, finding that the defendant's consent to the search was voluntary, the evidence was sufficient to support the firearm conviction, the trial court's jury instructions were adequate, the 1988 search was lawful, and the sentence enhancement under t
• Johnson v. State
  569 So. 2d 872· Fla. 2d DCA· 1990-11-09 ·cited 32×·via Possession Of Cocaine With Intent To Sell
  Johnson was convicted of possession of cocaine with intent to sell based primarily on his confession. The Florida appellate court reversed, holding that a defendant's confession cannot be the sole basis for conviction and that the state failed to establish corpus delicti for the
• United States v. Phillippi
  911 F.2d 149· 8th Cir.· 1990-08-15 ·cited 32×
  The court held that while the district court erred in including uncertain prior drug quantities for sentencing, this error was harmless because the sentencing range remained the same. The court also held that the defendant's role as a courier did not automatically entitle her to
• United States v. Blanche Elizabeth Dyer
  910 F.2d 530· 8th Cir.· 1990-08-07 ·cited 32×
  The court affirmed convictions and sentences, holding that the Sentencing Guidelines are constitutional and that the preponderance-of-the-evidence standard is sufficient for sentencing fact-finding.
• United States v. Nestor Julio Perez-Garcia
  904 F.2d 1534· 11th Cir.· 1990-07-10 ·cited 32×
  The court affirmed convictions but remanded for resentencing, finding that while the admission of a codefendant's statement was erroneous and violated the confrontation clause, it did not constitute plain error requiring reversal due to sufficient independent evidence. Prior acts
• United States v. Ira Glen Anthony Walters
  904 F.2d 765· 1st Cir.· 1990-05-31 ·cited 32×
  The court held that the admission of a photograph of a defendant holding a firearm was proper under Fed.R.Evid. 404(b) and 403, and that the evidence was sufficient to support convictions for drug conspiracy and related offenses.
• United States v. Pozzy
  902 F.2d 133· 1st Cir.· 1990-04-30 ·cited 32×
  The court held that pregnancy, marital relationship, the effect of a spouse's sentence, and the lack of a local halfway house are not legally justified reasons for a downward departure from the Sentencing Guidelines.
• United States v. Ferrer-Cruz
  899 F.2d 135· 1st Cir.· 1990-03-30 ·cited 32×
  The court held that admitting evidence of prior drug convictions was an error because it was unfairly prejudicial and not properly admissible under Rule 404(b).
• United States v. Moreno
  897 F.2d 26· 2d Cir.· 1990-02-12 ·cited 32×
  The court held that the plain view seizure of a package was not warranted without a particularized basis for suspecting drug involvement.
• United States v. Bennie Ree White
  890 F.2d 1413· 8th Cir.· 1989-11-14 ·cited 32×
  The court held that experienced officers had reasonable, articulable suspicion to detain the defendant based on a totality of the circumstances, and that a subsequent search warrant was validly issued.
• United States v. Aart Vanwort
  887 F.2d 375· 2d Cir.· 1989-09-26 ·cited 32×
  The court held that the jury's finding of a single conspiracy was supported by sufficient evidence, and that the absence of an objection to jury selection by a magistrate meant reversal was not required under Gomez v. United States. The court also found no abuse of discretion in
• United States v. Price
  869 F.2d 801· 5th Cir.· 1989-03-24 ·cited 32×
  The court held that the border patrol agents had lawful grounds to stop and search the vehicle, and that sufficient evidence supported the defendant's convictions.
• United States v. Rojas
  868 F.2d 1409· 5th Cir.· 1989-03-23 ·cited 32×
  The court affirmed the sentence, holding that the sentencing guidelines are constitutional and that the district court did not err in calculating the offense level or refusing a downward departure.
• United States v. Clemente Hernandez-Bermudez
  857 F.2d 50· 1st Cir.· 1988-09-26 ·cited 32×
  The court held that even if admitting evidence of the defendant's flight was an abuse of discretion, it did not prejudice the defendant's substantial rights, and therefore the conviction is affirmed.
• United States v. McINTYRE
  836 F.2d 467· 10th Cir.· 1988-03-10 ·cited 32×
  The court held that the trial court did not abuse its discretion in admitting partially inaudible tape recordings and transcripts, nor in denying a new trial based on newly discovered evidence. However, the court reversed the conspiracy conviction due to insufficient evidence.
• United States v. Casamayor
  837 F.2d 1509· 11th Cir.· 1988-02-23 ·cited 32×
  The court held that the district court did not commit reversible error in its rulings on severance, sufficiency of evidence, Jencks Act, evidentiary matters, jury instructions, jury misconduct, prosecutorial misconduct, or ineffective assistance of counsel.
• United States v. WYK
  840 F.2d 494· 7th Cir.· 1988-02-19 ·cited 32×
  The court held that the trial court did not err in admitting co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E) because sufficient independent evidence established the conspiracy and the defendant's participation.
• United States v. Franchi-Forlando
  838 F.2d 585· 1st Cir.· 1988-02-03 ·cited 32×
  The court held that the defendant's convictions for importing and possessing cocaine were valid, and that the convictions did not violate the double jeopardy clause.
• United States v. Alvarez
  810 F.2d 879· 9th Cir.· 1987-02-17 ·cited 32×
  The court held that the government failed to demonstrate exigent circumstances justifying a warrantless arrest, and therefore, the evidence and statements obtained from the arrest should have been suppressed.
• United States v. Johnson
  802 F.2d 1459· D.C. Cir.· 1986-09-30 ·cited 32×
  The court held that the warrantless entry into the apartment was justified by exigent circumstances and that while the admission of a witness's prior inconsistent statement was improper bootstrapping, it was harmless error due to defense counsel's failure to object on that ground
• United States v. Pirolli
  742 F.2d 1382· 11th Cir.· 1984-10-01 ·cited 32×
  The court held that the defendants' convictions were supported by sufficient evidence and that their various procedural and evidentiary challenges lacked merit.
• United States v. Nelly Pilar Ramirez-Cifuentes
  682 F.2d 337· 2d Cir.· 1982-06-21 ·cited 32×
  A law enforcement agent's questioning of an individual, even when accompanied by a request to step aside, does not constitute a 'seizure' under the Fourth Amendment unless a reasonable person would believe they are not free to leave.
• 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. Palumbo
  639 F.2d 123· 3d Cir.· 1981-01-19 ·cited 32×
  A third party's statement inculpating the accused is admissible under Federal Rule of Evidence 804(b)(3) if it is against the declarant's penal interest and corroborated by circumstances indicating trustworthiness, provided it does not violate the Sixth Amendment's Confrontation
• United States v. Risi
  603 F.2d 1193· 5th Cir.· 1979-10-05 ·cited 32×
  The court held that joint representation did not create an actual conflict of interest, the prosecutor's remark was not reversible error, and the firearm possession was sufficiently proven as unlawful under state law.
• 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. Crisp
  563 F.2d 1242· 5th Cir.· 1977-12-01 ·cited 32×
  The court held that the circumstantial evidence was sufficient to prove the identity of the substance as cocaine and that the nondisclosure of certain statements did not warrant a new trial.
• United States v. Stanton Freeman
  498 F.2d 569· 2d Cir.· 1974-06-07 ·cited 32×
  The court held that the evidence was insufficient to prove the defendant was a participant in the conspiracy, and his actions were more indicative of an accessory after the fact.
• United States v. De Angelis
  490 F.2d 1004· 2d Cir.· 1974-01-15 ·cited 32×
  The court held that the prosecutor's summation was within permissible bounds, despite defense counsel's prior improper remarks.
• United States v. Rodriguez
  474 F.2d 587· 5th Cir.· 1973-01-30 ·cited 32×
  The court held that evidence of a subsequent, similar transaction is admissible to rebut an entrapment defense and show predisposition, and that the trial court did not err in denying a subpoena for an informer who could not be located.
• United States v. Strickland
  902 F.2d 937· 11th Cir.· 1990-06-05 ·cited 31×
  Information gained during a valid consensual search provided probable cause to sustain the validity of a continuation of that search beyond the scope of consent.
• United States v. Tavolacci
  895 F.2d 1423· D.C. Cir.· 1990-01-09 ·cited 31×
  The court held that a person blocked in a train roomette by three police officers was not detained within the meaning of Terry because there was no intent to prevent the defendant from leaving.
• United States v. Brown
  872 F.2d 385· 11th Cir.· 1989-05-09 ·cited 31×
  The court held that the trial court did not err in denying the motion to dismiss the indictment or in admitting expert testimony and transcripts. However, the evidence was insufficient to prove one appellant's guilt of conspiracy beyond a reasonable doubt.
• United States v. Mabry
  809 F.2d 671· 10th Cir.· 1987-01-20 ·cited 31×
  The court held that the officers' warrantless entry into the Mabry residence was justified by exigent circumstances arising after the arrest of a drug courier, and that a subsequent protective sweep was permissible.
• United States v. Baron-Mantilla
  743 F.2d 868· 11th Cir.· 1984-10-09 ·cited 31×
  The court held that the defendant failed to establish a legitimate expectation of privacy in the apartment, thus lacking standing to challenge the search and seizure of cocaine found therein.
• United States v. Abravaya
  616 F.2d 250· 5th Cir.· 1980-05-02 ·cited 31×
  The court held that the trial court's unsolicited jury instruction concerning plea bargains of unindicted co-conspirators did not prejudice the appellant.
• United States v. Ortiz
  553 F.2d 782· 2d Cir.· 1977-04-11 ·cited 31×
  The court held that the trial court did not abuse its discretion in admitting evidence of the defendant's prior drug conviction for impeachment purposes and that the hearsay statements were admissible.
• United States v. Hawkins
  934 F.3d 1251· 11th Cir.· 2019-08-20 ·cited 30×
  The Eleventh Circuit reversed convictions for cocaine distribution against Hawkins and McCree, finding that the government's lead case agent committed plain error by providing extensive improper expert testimony that speculated about the meaning of intercepted communications, int
• Deldesondro Callaway v. State
  658 So. 2d 593· Fla. 2d DCA· 1995-07-07 ·cited 30×·via Possession Of Cocaine With Intent To Sell
  The court held that while the convictions and sentences are affirmed, certain probation conditions and cost assessments were improperly imposed and must be stricken.
• United States v. Alcides Durades
  929 F.2d 1160· 7th Cir.· 1991-04-01 ·cited 30×
  The court held that the defendant's consent to the search was voluntary and that the jury instructions were adequate, affirming the conviction.
• United States v. Sanchez-Robles
  927 F.2d 1070· 9th Cir.· 1991-03-20 ·cited 30×
  The Ninth Circuit held that a 'deliberate ignorance' instruction was inappropriate because the evidence only supported actual knowledge or complete lack of knowledge, not conscious avoidance of the truth. The court reversed the conviction due to the improper instruction.
• United States v. Wood
  924 F.2d 399· 1st Cir.· 1991-02-01 ·cited 30×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  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. Pigrum
  922 F.2d 249· 5th Cir.· 1991-01-16 ·cited 30×
  The court affirmed Allen's convictions but vacated his sentence for resentencing, and vacated Pigrum's conviction due to insufficient evidence.
• United States v. Crescenciano M. Pena
  920 F.2d 1509· 10th Cir.· 1990-12-04 ·cited 30×
  The court affirmed the conviction and sentence, holding that the traffic stop detention was reasonable, the search did not exceed consent, pre-arrest statements were not custodial interrogation, the Speedy Trial Act was not violated, and the sentence did not constitute cruel and
• United States v. Simmons
  918 F.2d 476· 5th Cir.· 1990-11-19 ·cited 30×
  The court held that the initial encounter was consensual, reasonable suspicion developed, and Simmons's reaction to the discovery of drugs on his companion provided probable cause for his search, and that the evidence was sufficient to support the conspiracy conviction.
• United States v. Johnson
  910 F.2d 1506· 7th Cir.· 1990-08-23 ·cited 30×
  The court held that the encounter between the police and the defendant did not constitute a seizure under the Fourth Amendment because a reasonable person would have felt free to leave, and therefore the district court properly denied the motion to suppress.
• United States v. Thomas
  906 F.2d 323· 7th Cir.· 1990-07-09 ·cited 30×
  The court held that the district court departed upward from the Sentencing Guidelines without providing adequate, detailed reasons and without justifying the extent of the departure by linking it to the Guidelines' structure.