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. Crawford
  883 F.2d 963· 11th Cir.· 1989-09-15 ·cited 30×
  The court held that the district court did not err in departing from the sentencing guidelines based on the quantity of drugs and the defendant's role in the offense, as these factors were not adequately considered by the Sentencing Commission for simple possession.
• United States v. Acevedo
  891 F.2d 607· 7th Cir.· 1989-08-14 ·cited 30×
  The court held that the defendant failed to demonstrate an actual conflict of interest adversely affecting her attorney's performance, and that the jury instruction regarding a 'measurable amount' of cocaine was proper.
• United States v. Paulino
  873 F.2d 23· 2d Cir.· 1989-04-13 ·cited 30×
  The court held that the sentencing judge did not exceed discretion by not departing from the guideline range, as the asserted bases for departure were already accounted for in the guideline calculation.
• United States v. Colonia
  870 F.2d 1319· 7th Cir.· 1989-03-23 ·cited 30×
  The court held that the defendants' arrests and searches were based on probable cause, their consent to search was voluntary, and their convictions were not affected by minor discrepancies in the indictment language or potential attorney conflicts of interest.
• United States v. Montilla
  870 F.2d 549· 9th Cir.· 1989-03-20 ·cited 30×
  A guilty plea waives a due process claim of outrageous government conduct if establishing the claim requires further proceedings beyond the face of the indictment or record at the time of the plea. The district court did not abuse its discretion by deferring a ruling on the motio
• United States v. Garcia
  848 F.2d 1324· 2d Cir.· 1988-06-01 ·cited 30×
  The dissenting judge believes that permitting magistrates to conduct jury voir dire in felony cases raises serious constitutional questions and should be prohibited by supervisory power.
• United States v. Toro
  840 F.2d 1221· 5th Cir.· 1988-03-18 ·cited 30×
  The court held that the evidence was sufficient to support the convictions and that the district court properly submitted the entrapment defense to the jury.
• United States v. Paradis
  802 F.2d 553· 1st Cir.· 1986-09-29 ·cited 30×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on continuances, probable cause, search warrants, sufficiency of evidence, hearsay, prosecutorial comments, severance, or witness retaliation charges.
• United States v. Rubiett Jenkins
  779 F.2d 606· 11th Cir.· 1986-01-10 ·cited 30×
  The court held that the evidence was sufficient to support the conspiracy convictions for appellants Quarterman, Prather, and McTeer, but reversed Jenkins' conviction due to insufficient evidence. The court also found no prejudicial variance between the indictment and the proof o
• United States v. Estrada
  751 F.2d 128· 2d Cir.· 1984-12-26 ·cited 30×
  The court's opinion is concurred with, but the precise effect of joining lesser convictions with a greater conviction is unclear.
• United States v. Nichols
  741 F.2d 767· 5th Cir.· 1984-09-17 ·cited 30×
  The court held that prior conspiracy convictions for one ongoing smuggling operation do not bar prosecution for substantive offenses related to that operation, but they do bar prosecution for separate conspiracy charges arising from the same single conspiracy.
• United States v. Garcia
  741 F.2d 363· 11th Cir.· 1984-09-10 ·cited 30×
  The court affirmed the convictions, finding no violations of speedy trial rights, illegal searches, or improper testimony, and sufficient evidence to support the guilty verdicts.
• United States v. Castaneda-Castaneda
  729 F.2d 1360· 11th Cir.· 1984-04-16 ·cited 30×
• United States v. Pino
  729 F.2d 1357· 11th Cir.· 1984-04-16 ·cited 30×
• United States v. Jones
  687 F.2d 1265· 8th Cir.· 1982-09-14 ·cited 30×
  The court held that the trial court did not abuse its discretion in admitting evidence despite chain of custody questions, in allowing the government's case agent to remain in the courtroom, or in admitting expert testimony based on a manufacturer's sample, and that the defendant
• United States v. Martell
  654 F.2d 1356· 9th Cir.· 1981-08-31 ·cited 30×
  The court held that the twenty-minute detention of the appellants' luggage, based on a well-founded suspicion of criminal activity, was reasonable under the Fourth Amendment and did not require probable cause.
• United States v. Hansen
  652 F.2d 1374· 10th Cir.· 1981-07-08 ·cited 30×
  The court held that the Government did not waive its right to challenge the defendants' standing to contest the searches, and that only Hansen could challenge the search of room 241, only Means could challenge the search of room 242, and each defendant could challenge the search
• United States v. Muckenthaler
  584 F.2d 240· 8th Cir.· 1978-08-23 ·cited 30×
  The court held that the search warrant was validly issued based on probable cause and was not overbroad, and that sufficient evidence existed to support the conspiracy convictions.
• United States v. Morell
  524 F.2d 550· 2d Cir.· 1975-08-29 ·cited 30×
  The court held that the case must be remanded for an evidentiary hearing to determine if the government's failure to disclose exculpatory information about an informant was deliberate or negligent, and to determine compliance with 18 U.S.C. § 3109 regarding the entry of the premi
• United States v. Dozier
  522 F.2d 224· 2d Cir.· 1975-06-10 ·cited 30×
• United States v. Prieto
  505 F.2d 8· 5th Cir.· 1974-12-16 ·cited 30×
  The court affirmed the jury convictions, finding sufficient evidence and no reversible error in the trial court's rulings.
• Normando R. Brown v. State
  741 So. 2d 1242· Fla. 1st DCA· 1999-10-04 ·cited 29×·via Possession Of Cocaine With Intent To Sell
  The court held that community sanction violation points are assessed for each successive violation involving a new felony conviction, not for multiple cases or conditions violated within a single sanction. The court affirmed the conviction but reversed for resentencing due to imp
• United States v. Miles Davis Saunders
  973 F.2d 1354· 7th Cir.· 1992-09-03 ·cited 29×
  The court held that the district court did not abuse its discretion in limiting cross-examination, that the evidence was sufficient to support the conviction, that the jury instructions were adequate, and that the Sentencing Guidelines were applied constitutionally.
• United States v. Laird
  948 F.2d 444· 8th Cir.· 1991-10-25 ·cited 29×
  The court held that a claim of ineffective assistance of counsel is not newly discovered evidence under Rule 33 when the appellant was aware of the facts at the time of trial. The court also affirmed the sentencing decisions.
• United States v. Gomez-Norena
  908 F.2d 497· 9th Cir.· 1990-07-12 ·cited 29×
  The court held that admitting drug courier profile testimony for background and expert testimony on intent to distribute was not plain error, as the defendant failed to properly preserve objections.
• United States v. Landry
  903 F.2d 334· 5th Cir.· 1990-05-30 ·cited 29×
  The court affirmed the conviction but vacated the sentence, remanding for resentencing because the district court's upward departure from the Sentencing Guidelines was unreasonable and lacked proper notice to the defendant.
• United States v. Horsley
  864 F.2d 1543· 11th Cir.· 1989-02-06 ·cited 29×
  The court held that the prosecutor's vague explanation for striking the sole black juror was insufficient to rebut a prima facie case of discrimination, and the district court erred in requiring a pattern of strikes to establish such a case.
• United States v. Carrion
  809 F.2d 1120· 5th Cir.· 1987-02-03 ·cited 29×
  The court held that a defendant is not entitled to an entrapment instruction if they demonstrate predisposition to commit the crime, and that consecutive sentences for possession with intent to distribute and distribution are permissible if there is independent evidence of prior
• United States v. Miller
  769 F.2d 554· 9th Cir.· 1985-08-20 ·cited 29×
  The court held that the opening of a fiberglass container constituted a search requiring a warrant, as the contents were not obvious and did not meet the single-purpose container exception.
• United States v. Herzbrun
  723 F.2d 773· 11th Cir.· 1984-01-23 ·cited 29×
  The court held that the defendant's actions at the airport security checkpoint, including his attempt to withdraw consent to a search and subsequent flight, provided probable cause for his arrest and the seizure of his bag.
• United States v. Myles J. Connor, Jr.
  950 F.2d 1267· 7th Cir.· 1991-12-10 ·cited 28×
  The court should not resolve sentencing departure issues on appeal, as this infringes on the district court's discretion.
• United States v. MacIas
  930 F.2d 567· 7th Cir.· 1991-04-18 ·cited 28×
  The court affirmed the conviction and sentence, holding that the district court properly calculated the offense level based on the negotiated amount of cocaine and that the Sentencing Guidelines are constitutional.
• United States v. McKENZIE
  922 F.2d 1323· 7th Cir.· 1991-01-22 ·cited 28×
  The court held that a prosecutor's comment during rebuttal, while unartful, did not so infect the trial with unfairness as to violate due process, and that a special verdict on drug quantity was not required. The court also affirmed the application of Sentencing Guidelines and va
• United States v. Errol MacDONALD
  916 F.2d 766· 2d Cir.· 1990-10-01 ·cited 28×
  A warrantless entry into an apartment was lawful under the exigent circumstances exception to the Fourth Amendment's warrant requirement, even if law enforcement agents' actions contributed to the exigency, as long as those actions were lawful.
• United States v. Franco
  909 F.2d 1042· 7th Cir.· 1990-08-09 ·cited 28×
  The court held that Franco was not entrapped and that Garcia's sentence properly included the half-kilo of cocaine based on his co-conspirator's actions.
• United States v. Sullivan
  903 F.2d 1093· 7th Cir.· 1990-05-29 ·cited 28×
  The court held that the defendant consented to the encounter with officers, and the detention of his bag was justified by reasonable suspicion. However, the evidence was insufficient to support a conspiracy conviction.
• United States v. Figueroa
  900 F.2d 1211· 8th Cir.· 1990-04-09 ·cited 28×
  The court held that while the prosecutor's rebuttal argument was improper, it was not prejudicial enough to deny the defendants a fair trial, and that the district court did not err in its jury instructions or sentencing enhancements.
• The United States v. Hilmer Burdette Sandini
  888 F.2d 300· 3d Cir.· 1989-10-30 ·cited 28×
  The court held that the district court did not abuse its discretion in denying the pretrial motion for severance, and any prejudice from the co-defendant's attorney's summation did not rise to the level of plain error.
• United States v. Solis
  882 F.2d 693· 2d Cir.· 1989-08-15 ·cited 28×
  The court affirmed the conviction but remanded for resentencing, finding sufficient evidence for conviction but issues with the original sentencing under the Sentencing Guidelines.
• United States v. Audelio Arzola-Amaya
  867 F.2d 1504· 5th Cir.· 1989-03-08 ·cited 28×
  The court held that the evidence was sufficient to sustain the convictions of the appellants and that the trial court did not err in denying requests to poll the jury regarding mid-trial publicity.
• United States v. Rivera
  837 F.2d 906· 10th Cir.· 1988-01-20 ·cited 28×
  The admission of evidence of uncharged drug offenses to prove the continuing series element of a Continuing Criminal Enterprise (CCE) charge was improper because the indictment failed to provide adequate notice of such proof, violating the defendant's Sixth Amendment right to be
• United States v. Holm
  836 F.2d 1119· 8th Cir.· 1988-01-07 ·cited 28×
  The court held that the circumstantial evidence was sufficient to establish that the defendant had constructive possession of the drugs found in the house.
• United States v. Springer
  831 F.2d 781· 8th Cir.· 1987-10-20 ·cited 28×
  The court held that the district court did not err in denying the defendant's motions for judgment of acquittal and that the defendant's Sixth Amendment right to confrontation was not violated.
• United States v. Andiarena
  823 F.2d 673· 1st Cir.· 1987-07-13 ·cited 28×
  The court affirmed the conviction, finding no merit in the defendant's claims regarding the admission of prior bad acts evidence, the completeness of the appellate record, or ineffective assistance of counsel.
• United States v. Ciampa
  793 F.2d 19· 1st Cir.· 1986-06-05 ·cited 28×
  The court held that the warrant affidavit provided sufficient probable cause and that the trial judge's conduct did not deprive the defendant of a fair trial.
• United States v. Palow
  777 F.2d 52· 1st Cir.· 1985-11-14 ·cited 28×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on severance, informant testimony, jury instructions, admission of statements, or ineffective assistance of counsel.
• United States v. Paone
  758 F.2d 774· 1st Cir.· 1985-03-29 ·cited 28×
  The court held that the evidence was sufficient to support a jury finding that the appellant was guilty of possession with intent to distribute cocaine, at least as an aider and abetter.
• United States v. Herminio Hernandez
  750 F.2d 1256· 5th Cir.· 1985-01-03 ·cited 28×
  The court held that the admission of inadmissible hearsay testimony, which was then emphasized in closing arguments, denied the defendant a fair trial, requiring reversal of the conviction.
• United States v. Campos
  698 F.2d 227· 5th Cir.· 1983-01-28 ·cited 28×
  The court held that the Sierra Blanca checkpoint is the functional equivalent of the border and that sufficient evidence supported the convictions.
• United States v. Garzon
  688 F.2d 607· 9th Cir.· 1982-09-20 ·cited 28×
  The court held that giving a "conscious avoidance" jury instruction was prejudicial error because there was insufficient evidence to support a finding that the defendant deliberately avoided learning the truth.