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. Gonzalez
  555 F.2d 308· 2d Cir.· 1977-05-06 ·cited 26×
  The court held that the informant's tip, corroborated by independent surveillance, provided probable cause for Costano's arrest, and that the admission of Costano's statement against Gonzalez violated Bruton v. United States because it was not harmless error.
• United States v. Payden
  536 F.2d 541· 2d Cir.· 1976-06-08 ·cited 26×
  The court held that the defendant's arguments regarding misjoinder, admission of hearsay, pre-arrest delay, and failure to hold an identification hearing were without merit.
• United States v. Rodriguez-Morales
  929 F.2d 780· 1st Cir.· 1991-03-27 ·cited 25×
  The court held that a canine sniff of a vehicle's exterior, when the vehicle is lawfully impounded, does not constitute a search under the Fourth Amendment. The impoundment itself was a reasonable exercise of the community caretaking function.
• United States v. Gonzalez
  918 F.2d 1129· 3d Cir.· 1990-11-16 ·cited 25×
  The court affirmed the convictions and sentences, finding that the jury verdicts and sentences were reasonable and supported by the evidence, and that the district court did not err in its rulings on plea agreements, evidence sufficiency, severance, sequestration, or sentencing.
• United States v. Lema
  909 F.2d 561· 1st Cir.· 1990-07-18 ·cited 25×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  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. Reyes-Vasquez
  905 F.2d 1497· 11th Cir.· 1990-07-13 ·cited 25×
  The court held that the defendant's "CIA intelligence gathering" defense was invalid as a matter of law and that the defendant failed to properly raise a separate defense of lacking specific intent to distribute cocaine at the trial level.
• United States v. Savage
  889 F.2d 1113· D.C. Cir.· 1989-11-17 ·cited 25×
  The court held that the initial encounter with the defendant was consensual, and the subsequent investigative stop was supported by reasonable suspicion, making the subsequent admissions and arrest lawful.
• United States v. Rutkowski
  814 F.2d 594· 11th Cir.· 1987-04-13 ·cited 25×
  The court held that the prosecutor's comment was not an improper comment on the defendant's silence, the jury instructions were adequate, and the admission of the fuel log was not barred by Rule 11(e)(6).
• United States v. Domme
  753 F.2d 950· 11th Cir.· 1985-02-21 ·cited 25×
  The court held that the information in the wiretap affidavit was not stale, the amended wiretap order was properly obtained, and the Florida Attorney General had the authority to authorize the wiretap application.
• United States v. McMAHON
  715 F.2d 498· 11th Cir.· 1983-07-08 ·cited 25×
  The court held that appellants' challenges to jury instructions and the denial of a hearing on standing were waived or barred by prior rulings, and that the government's failure to produce psychiatric reports did not violate Brady or the Sixth Amendment.
• United States v. Sonntag
  684 F.2d 781· 11th Cir.· 1982-09-01 ·cited 25×
  The court held that evidence seized during a drug transaction at a defendant's home was admissible under consent search doctrine, searches of wallets incident to arrest were valid, the jury instructions on entrapment were sufficient, and evidentiary rulings were not an abuse of d
• United States v. Barone
  584 F.2d 118· 6th Cir.· 1978-08-01 ·cited 25×
  The court should have suppressed evidence obtained via a search warrant based on a knowingly false affidavit, reversing the conviction.
• United States v. Boney
  977 F.2d 624· D.C. Cir.· 1992-10-13 ·cited 24×
  A felon juror's concealed status, discovered after a jury trial, requires reversal and a new trial because the juror's disqualification is not based on bias and cannot be adequately assessed post-trial.
• United States v. Ibarra
  955 F.2d 1405· 10th Cir.· 1992-02-05 ·cited 24×
  The court concurred that the impoundment was unreasonable due to investigatory pretext, despite the reasonableness of the impoundment itself under the circumstances.
• United States v. Anselmo Navarez and Paulin Valles-Rodriguez
  954 F.2d 1375· 7th Cir.· 1992-01-27 ·cited 24×
  The court held that there was sufficient evidence to support the convictions for conspiracy and possession with intent to distribute, and that the admission of $34,000 found in a co-conspirator's apartment was not plain error. The court also affirmed the denial of a sentence redu
• United States v. Rodriguez-Luna
  937 F.2d 1208· 7th Cir.· 1991-07-22 ·cited 24×
  The court affirmed the sentence and plea, finding the evidence sufficient to establish the relevant drug quantity for sentencing, the district court's procedural errors under Rule 32 did not warrant resentencing, and the defendant's claim of ineffective assistance of counsel was
• United States v. Parrish
  925 F.2d 1293· 10th Cir.· 1991-02-13 ·cited 24×
  The court held that the affidavit for the search warrant established probable cause, the evidence was sufficient to support the convictions for possession with intent to distribute and firearm use, and the district court did not err in denying severance or refusing jury instructi
• United States v. Lewis
  902 F.2d 1176· 5th Cir.· 1990-05-23 ·cited 24×
  The court held that questions asked by an unknown caller are not hearsay because they do not assert anything, and that the evidence was insufficient to convict Lewis of conspiracy.
• United States v. Wavell A. Robinson
  898 F.2d 1111· 6th Cir.· 1990-03-13 ·cited 24×
  The court held that the type of firearm and whether it was loaded are not grounds for sentencing departure under the applicable guideline, as these factors are either explicitly rejected or already accounted for.
• United States v. LEE
  886 F.2d 998· 8th Cir.· 1989-09-18 ·cited 24×
  The court affirmed convictions and sentences for drug trafficking, money laundering, and conspiracy offenses, finding no errors in search and seizure, courtroom security, severance, excluded evidence, closing arguments, or sentencing guideline applications.
• United States v. Bernal
  884 F.2d 1518· 1st Cir.· 1989-09-14 ·cited 24×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  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. de Soto
  885 F.2d 354· 7th Cir.· 1989-09-06 ·cited 24×
  The court held that the district court did not abuse its discretion in admitting Lieutenant Dailey's expert testimony regarding countersurveillance and document interpretation, nor in rereading trial testimony to the jury.
• United States v. Kidder
  869 F.2d 1328· 9th Cir.· 1989-03-15 ·cited 24×
  The court held that the defendant's constitutional challenges to the mandatory minimum sentencing provisions of 21 U.S.C. § 841(b)(1)(B) were without merit, and affirmed the district court's imposition of the minimum sentence.
• United States v. Jorge
  865 F.2d 6· 1st Cir.· 1989-01-09 ·cited 24×
  The court held that the district court did not err in denying the motion to suppress evidence, finding probable cause for the arrest and lawful seizure of the bag, and that jury instructions and Speedy Trial Act calculations were proper.
• United States v. Hall
  854 F.2d 1036· 7th Cir.· 1988-08-16 ·cited 24×
  While not strictly forbidden, judges are generally advised against defining reasonable doubt as attempts often create more confusion than clarity.
• United States v. Tobon-Hernandez
  845 F.2d 277· 11th Cir.· 1988-05-16 ·cited 24×
  The government's violation of the plea agreement by introducing evidence of cocaine found in the house, contrary to the agreement's stipulation, entitles the defendant to specific performance of the agreement, requiring resentencing.
• United States v. Bates
  840 F.2d 858· 11th Cir.· 1988-03-23 ·cited 24×
  The court held that the defendant's conviction for violating the Travel Act must be reversed due to insufficient evidence of a 'business enterprise,' but affirmed his conviction for possession with intent to distribute cocaine.
• United States v. Giraldo
  822 F.2d 205· 2d Cir.· 1987-06-04 ·cited 24×
  The court held that the defendant was not denied a fair trial by the mid-trial sentencing of a co-conspirator, nor were tape recordings improperly admitted or used.
• United States v. Puglisi
  790 F.2d 240· 2d Cir.· 1986-05-08 ·cited 24×
  The court affirmed all convictions, holding that wiretap warrants were properly issued, the government was not required to prove the specific isomer of cocaine involved before 1984, post-arrest statements were properly excluded, and consent to search was voluntary.
• United States v. Rambo
  789 F.2d 1289· 8th Cir.· 1986-04-25 ·cited 24×
  A warrantless arrest in a hotel room for a misdemeanor is permissible under state law if probable cause exists for a closely related offense, and Fourth Amendment protections do not apply if the defendant has been justifiably ejected and lost a reasonable expectation of privacy.
• United States v. Tolliver
  780 F.2d 1177· 5th Cir.· 1986-01-16 ·cited 24×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  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. Collis
  766 F.2d 219· 6th Cir.· 1985-06-25 ·cited 24×
  The court held that the defendant's Fourth Amendment rights were not violated because he was not seized when asked to accompany an agent and because he abandoned his bag, forfeiting any privacy interest.
• United States v. Williams
  754 F.2d 672· 6th Cir.· 1985-02-15 ·cited 24×
  The court held that the airport search and seizure of cocaine were constitutional, based on reasonable suspicion for an investigatory stop and voluntary consent to search.
• United States v. Rodrigo Henao-Castano
  729 F.2d 1364· 11th Cir.· 1984-04-16 ·cited 24×
• United States v. Caicedo-Guarnizo
  723 F.2d 1420· 9th Cir.· 1984-01-16 ·cited 24×
  The court held that the extended border search was valid and the appellant's consent to the x-ray search was voluntary, affirming the conviction.
• United States v. del Aguila-Reyes
  722 F.2d 155· 5th Cir.· 1983-12-23 ·cited 24×
  The court held that the evidence presented was insufficient to prove the defendant guilty beyond a reasonable doubt.
• United States v. Piccolo
  723 F.2d 1234· 6th Cir.· 1983-12-16 ·cited 24×
  The indictment was insufficient because it lacked the specificity required to link the grand jury's concerns to the evidence presented at trial.
• United States v. Garcia-Duarte
  718 F.2d 42· 2d Cir.· 1983-09-21 ·cited 24×
  The court held that the admission of a customer book was erroneous and insufficient to support a conspiracy conviction, and that the defendant was entitled to a lesser-included offense charge for simple possession.
• United States v. Freire
  710 F.2d 1515· 11th Cir.· 1983-08-01 ·cited 24×
  The Court held that the Supreme Court's decision in United States v. Ross, which expanded the scope of the automobile exception to the Fourth Amendment's warrant requirement, applies retroactively to cases pending on appeal. Therefore, evidence seized from briefcases found in a v
• United States v. Bulgatz
  693 F.2d 728· 8th Cir.· 1982-11-10 ·cited 24×
  The court held that the affidavit provided sufficient probable cause for the search warrant, the trial court properly denied a motion to reopen the suppression hearing due to a lack of proof of misstatement, and the district court did not abuse its discretion in denying severance
• 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. Montemayor
  684 F.2d 1118· 5th Cir.· 1982-08-24 ·cited 24×
  The court held that any errors regarding extraneous offenses or prosecutorial misconduct were harmless due to the overwhelming weight of the evidence supporting the conviction.
• United States v. Ehlebracht
  693 F.2d 333· 5th Cir.· 1982-06-10 ·cited 24×
  The court held that the appellant's consent to accompany the agent to an office was voluntary, the subsequent arrest for providing false identification was lawful, and the search incident to that arrest was permissible, leading to the affirmance of his conviction.
• United States v. Alexander
  673 F.2d 287· 9th Cir.· 1982-04-01 ·cited 24×
  The court held that the classification of cocaine as a Schedule II narcotic under the Controlled Substances Act is constitutional, and the Attorney General's decision not to reclassify it was not irrational or unreasonable.
• United States v. Foundas
  610 F.2d 298· 5th Cir.· 1980-01-23 ·cited 24×
  The court held that recording conversations by a participant is constitutional and that the procedural issues raised by the defendant lacked merit.
• United States v. Pugh
  566 F.2d 626· 8th Cir.· 1977-12-14 ·cited 24×
  The court held that evidence seized from a partially open briefcase in a car was admissible under the plain view doctrine, and the evidence was sufficient to support a conviction for possession with intent to distribute.
• United States v. Cleora King
  567 F.2d 785· 8th Cir.· 1977-12-12 ·cited 24×
  The court held that the district court did not err in denying motions for severance, suppressing evidence, or refusing lesser-included offense instructions, affirming the convictions.
• United States v. Clarke D. Johnson
  565 F.2d 179· 1st Cir.· 1977-11-09 ·cited 24×
  The court held that the trial court properly refused a jury instruction on "fundamental fairness" regarding government conduct in entrapment cases, and that the defendant's conviction was not unconstitutional due to alleged government misconduct.
• Ridgeway v. United States
  558 F.2d 357· 6th Cir.· 1977-07-13 ·cited 24×
  A writ of habeas corpus ad prosequendum is not a detainer under the Interstate Agreement on Detainers, and therefore does not trigger the Agreement's dismissal provisions.
• United States v. Binetti
  547 F.2d 265· 5th Cir.· 1977-02-18 ·cited 24×
  The court held that the evidence was sufficient to sustain the defendant's conviction for conspiracy and that the trial court did not err in its rulings.