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. Tyler
  505 F.2d 1329· 5th Cir.· 1975-01-08 ·cited 24×
  The court held that the admission of hearsay testimony under the co-conspirator exception was improper due to insufficient independent evidence of a conspiracy, requiring reversal of the conviction.
• Young v. State
  661 So. 2d 406· Fla. 1st DCA· 1995-10-18 ·cited 23×·via Possession Of Cocaine With Intent To Sell
  Court reversed denial of post-conviction relief and remanded for evidentiary hearing on claim that trial counsel failed to investigate voluntary intoxication defense to drug possession charge.
• United States v. Raymer
  941 F.2d 1031· 10th Cir.· 1991-07-24 ·cited 23×
  The court held that the defendant's double jeopardy claim failed because jeopardy had not attached in the state prosecution and the federal prosecution was not a sham. The court also rejected the vindictive prosecution claim, finding no actual or presumed vindictiveness.
• United States v. Hernandez
  854 F.2d 295· 8th Cir.· 1988-08-15 ·cited 23×
  The court held that the encounter between the DEA agents and the defendant was consensual and did not violate the Fourth Amendment, and that the identification of the cocaine was legally sufficient.
• United States v. Fixen
  780 F.2d 1434· 9th Cir.· 1986-01-17 ·cited 23×
  The court held that the district court did not err in denying the defendant's motions to suppress evidence and disclose the informant's identity, as probable cause for the arrest existed and disclosure was not essential for the defense.
• United States v. Ospina
  739 F.2d 448· 9th Cir.· 1984-08-02 ·cited 23×
  The court held that the evidence was sufficient to support the convictions and that the challenged evidence was properly admitted.
• United States v. Brugman
  655 F.2d 540· 4th Cir.· 1981-05-15 ·cited 23×
  The court held that the trial court did not err in denying severance motions, admitting evidence of similar acts with limiting instructions, or in allowing a co-defendant who pleaded guilty to testify, as no Sixth Amendment violation occurred.
• United States v. DOE
  472 F.2d 982· 2d Cir.· 1973-01-24 ·cited 23×
  The court held that a customs search of a mailed package based on an agent's suspicion that the contents were falsely declared was reasonable under the Fourth Amendment and 19 U.S.C. § 482.
• Sinclair v. State
  995 So. 2d 552· Fla. 3d DCA· 2008-09-03 ·cited 22×·via Possession Of Cocaine With Intent To Sell
  Mario Sinclair appealed his probation violation for cocaine possession, challenging whether the arresting officer adequately identified the substance as crack cocaine without a chemical analysis report. The Florida Third District Court of Appeal held that a sufficiently experienc
• State v. Lampley
  817 So. 2d 989· Fla. 4th DCA· 2002-05-29 ·cited 22×·via Possession Of Cocaine With Intent To Sell
  Florida appeals the suppression of cocaine found in a paper bag stored in a truck's wheel well. The court reverses, holding that the defendant had no reasonable expectation of privacy in the bag he placed in the wheel well and abandoned by walking away.
• Asbury v. State
  765 So. 2d 965· Fla. 4th DCA· 2000-09-06 ·cited 22×·via Possession Of Cocaine With Intent To Sell
  A Florida appellate court reversed a drug conviction and remanded for a new trial because the trial judge departed from judicial neutrality during the suppression hearing by sua sponte recalling witnesses and soliciting evidence, thereby denying the defendant a fair hearing befor
• United States v. Tejeda
  974 F.2d 210· 1st Cir.· 1992-09-01 ·cited 22×
  The court held that the evidence was sufficient to convict Tejeda of conspiracy and that the district court did not err in admitting certain evidence or denying severance. Christian's claims regarding informant disclosure and entrapment were also rejected.
• United States v. McGUIRE
  957 F.2d 310· 7th Cir.· 1992-02-18 ·cited 22×
  The court held that the search of the defendant's car was lawful under the automobile exception and inventory search doctrines, and his confession was voluntary, thus affirming his conviction and sentence.
• United States v. Tabares
  951 F.2d 405· 1st Cir.· 1991-11-14 ·cited 22×
  The court affirmed the convictions and Tabares' sentence, but remanded for resentencing Ramirez with a two-level reduction in his offense level.
• United States v. Toufic S. Nagi (89-2130)
  947 F.2d 211· 6th Cir.· 1991-10-11 ·cited 22×
  The court held that defendants waived their sentencing guideline calculation issue by failing to raise it in the district court, and that the district court's finding that Weaver was not a minor participant was not clearly erroneous.
• United States v. Freisinger
  937 F.2d 383· 8th Cir.· 1991-06-24 ·cited 22×
  The court held that multiple convictions under 18 U.S.C. § 924(c)(1) are permissible for each firearm carried during a single drug trafficking offense, but the total sentence for such convictions arising from a single offense cannot exceed five years.
• United States v. Lopez
  937 F.2d 716· 2d Cir.· 1991-06-17 ·cited 22×
  The court affirmed the convictions, holding that exigent circumstances justified the warrantless entry into the hotel room, the translated Spanish statements were admissible, the prosecutor's summation was not improper, the jury instructions were adequate, and the sentences were
• United States v. LAI
  944 F.2d 1434· 9th Cir.· 1991-05-22 ·cited 22×
  The court held that the district court erred in admitting drug records without proper foundation and remanded for an evidentiary hearing. It also instructed the district court to vacate Lai's conspiracy conviction if his continuing criminal enterprise conviction stands.
• United States v. Calixtro Torres-Rodriguez
  930 F.2d 1375· 9th Cir.· 1991-04-04 ·cited 22×
  The court held that the trial court abused its discretion by denying a motion for substitute counsel without inquiry, warranting reversal of the conviction. It also held that the denial of a continuance due to a superseding indictment prejudiced the defendant, requiring reversal
• United States v. Candido Alvarez
  927 F.2d 300· 6th Cir.· 1991-03-08 ·cited 22×
  The court held that prosecutorial misconduct and hearsay did not prejudice the defendant, and the Sentencing Guidelines enhancements for obstruction of justice and leadership were properly applied.
• United States v. Perkins
  926 F.2d 1271· 1st Cir.· 1991-03-05 ·cited 22×
  The court held that the district court did not err in denying the defendants' motions for severance, admitting post-conspiracy statements, or in its rulings on the admissibility of evidence, as the withheld evidence was either collateral, cumulative, or harmless.
• United States v. Stuart
  923 F.2d 607· 8th Cir.· 1991-01-16 ·cited 22×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court affirmed convictions, holding that sufficient evidence supported the distribution charge, evidentiary rulings were not prejudicial, Brady/Jencks material was properly handled, and entrapment claims lacked merit.
• United States v. Boisey Beverly
  921 F.2d 559· 5th Cir.· 1991-01-04 ·cited 22×
  The court held that the evidence was sufficient to show that the defendants, as members of an ongoing drug conspiracy, used the two revolvers in question 'during and in relation to' the drug trafficking offenses.
• United States v. Millard P. Chambers
  918 F.2d 1455· 9th Cir.· 1990-11-20 ·cited 22×
  The court held that the evidence was sufficient to support the jury's verdict of possession with intent to distribute, and that the trial court did not err in its jury instructions, nor was there ineffective assistance of counsel or an abuse of discretion in admitting photographs
• United States v. Iglesias
  915 F.2d 1524· 11th Cir.· 1990-10-31 ·cited 22×
  The court held that the evidence was sufficient to support the defendant's convictions for conspiracy to possess cocaine with intent to distribute and possession with intent to distribute, and that any prejudice from the prosecutor's closing argument was cured by the court's inst
• United States v. Rodrigo Mejia
  909 F.2d 242· 7th Cir.· 1990-08-02 ·cited 22×
  The court held that the evidence was sufficient to convict Mejia, and that the trial court did not err in admitting certain testimony regarding secret compartments in a vehicle, a recent trip taken in that vehicle, a DEA surveillance tip, and a drug-sniffing dog's reaction to sei
• United States v. Garcia
  909 F.2d 1346· 9th Cir.· 1990-07-31 ·cited 22×
  The court held that a defendant cannot withdraw a guilty plea based solely on counsel's erroneous sentencing prediction, and that sentence enhancement for a co-conspirator's weapon possession is appropriate if reasonably foreseeable.
• United States v. Edilberto Gonzalez-Basulto
  898 F.2d 1011· 5th Cir.· 1990-04-09 ·cited 22×
  The court held that the defendant voluntarily consented to the search of his trailer and that the search did not exceed the scope of his consent, and that the district court did not err in denying a reduction for acceptance of responsibility.
• United States v. Juby Deon Battle and Donald Shannon Bullard
  892 F.2d 992· 11th Cir.· 1990-01-08 ·cited 22×
  The court should affirm the district court's judgment of acquittal because the government failed to prove its case beyond a reasonable doubt.
• United States v. Erwin Pascacio Clotida
  892 F.2d 1098· 1st Cir.· 1989-12-20 ·cited 22×
  The court held that a defendant who fails to renew a motion for acquittal after presenting evidence waives the motion, but the conviction can still be reviewed for manifest injustice. The court also held that mere presence at the scene of a crime, without more, is insufficient to
• United States v. Powell
  886 F.2d 81· 4th Cir.· 1989-09-22 ·cited 22×
  The court held that law enforcement had probable cause to arrest the defendant based on drug courier profile characteristics, flight, and incriminating statements, and that the government's failure to disclose the identity of an intermeddler was harmless error. The court also hel
• United States v. Prati
  861 F.2d 82· 5th Cir.· 1988-11-16 ·cited 22×
  The court affirmed the defendant's convictions and sentences, holding that the warrantless search of the briefcase was permissible under the Fourth Amendment and that consecutive sentences for conspiracy and possession were appropriate.
• United States v. Pupo
  841 F.2d 1235· 4th Cir.· 1988-03-10 ·cited 22×
  A conviction under an indictment that fails to allege an essential element of the offense, specifically scienter, is invalid if the objection is raised before verdict. Newly discovered evidence that is merely cumulative does not warrant a new trial.
• United States v. Santiago
  828 F.2d 866· 1st Cir.· 1987-09-14 ·cited 22×
  The court held that the denial of a trial transcript was harmless error, the warrantless search and arrest were justified by exigent circumstances, the evidence was sufficient for conviction, and the sentencing court properly considered information in the presentence report.
• United States v. Nordling
  804 F.2d 1466· 9th Cir.· 1986-11-25 ·cited 22×
  The court held that the defendant abandoned his tote bag, making its warrantless search permissible, but suppressed statements made after he unequivocally requested an attorney from NTF agents.
• United States v. Hanson
  801 F.2d 757· 5th Cir.· 1986-10-07 ·cited 22×
  The court held that the initial police-citizen contact constituted an investigatory stop, not an arrest, and was supported by reasonable suspicion, making the subsequent consent to search valid.
• United States v. Rogers
  788 F.2d 1472· 11th Cir.· 1986-05-09 ·cited 22×
  The government's appeal was dismissed for failure to file a timely notice of appeal, and the district court's refusal to dismiss the Travel Act conspiracy charge was affirmed.
• United States v. Eakes
  783 F.2d 499· 5th Cir.· 1986-02-19 ·cited 22×
  The court held that the trial court's continuance did not violate the Speedy Trial Act, and the circumstantial evidence was sufficient to prove the substance was cocaine. However, the judgment erroneously recited convictions for charges not in the indictment.
• United States v. Diaz
  778 F.2d 86· 2d Cir.· 1985-11-21 ·cited 22×
  The court held that narcotics offenses do not inherently constitute 'crimes of violence' under 18 U.S.C. § 924(c), and reversed the conviction on that count.
• United States v. Marin
  761 F.2d 426· 7th Cir.· 1985-05-07 ·cited 22×
  The court held that the DEA agents had probable cause to stop and search the automobile, and that the consent to search the apartment was voluntary and valid.
• United States v. Gant
  759 F.2d 484· 5th Cir.· 1985-05-06 ·cited 22×
  The court held that law enforcement officers acted in objective good faith reliance on a warrant, even if probable cause was lacking, and thus the evidence should not have been suppressed.
• United States v. Justo Guzman
  754 F.2d 482· 2d Cir.· 1985-02-12 ·cited 22×
  The court held that forcing a defendant to trial less than 30 days after a superseding indictment that substantially expands the charges constitutes an abuse of discretion, requiring reversal of the conviction on those expanded charges. However, convictions on charges unaffected
• United States v. Moya
  704 F.2d 337· 7th Cir.· 1983-03-22 ·cited 22×
  The court held that the temporary detention of the defendant's travel bag was constitutionally permissible based on reasonable suspicion that it contained contraband, and that the initial encounter with law enforcement did not constitute a seizure.
• United States v. Muench
  694 F.2d 28· 2d Cir.· 1982-11-17 ·cited 22×
  The court held that possession of controlled substances within U.S. territory with intent to distribute is a violation of 21 U.S.C. § 841(a)(1), regardless of whether the intent is to distribute within or outside the U.S., and regardless of whether the defendant passes through U.
• United States v. Chase
  692 F.2d 69· 9th Cir.· 1982-09-27 ·cited 22×
  The court held that the defendant lacked standing to challenge the legality of a third party's detention, and that exigent circumstances justified securing his residence.
• United States v. Ricardo "Ricky" Vela
  673 F.2d 86· 5th Cir.· 1982-04-02 ·cited 22×
  The court held that the prosecution's notice-of-alibi filing was not an abuse of Rule 12.1, and telephone records were properly admitted under the business records exception.
• United States v. O'Connor
  658 F.2d 688· 9th Cir.· 1981-10-05 ·cited 22×
  The court held that the agents had probable cause to seize the briefcase and that the subsequent search pursuant to a warrant was lawful, reversing the district court's suppression order.
• United States v. Reyes
  645 F.2d 285· 5th Cir.· 1981-05-15 ·cited 22×
  The court held that the trial court did not err in refusing to instruct the jury on entrapment because insufficient evidence was presented to raise the issue, and the court did not abuse its discretion in handling an unauthorized communication to a juror.
• United States v. Mack
  643 F.2d 1119· 5th Cir.· 1981-04-27 ·cited 22×
  The court held that evidence of a subsequent drug sale was admissible to rebut an entrapment defense, and prosecutorial remarks, while inappropriate, were harmless error.
• United States v. Prichard
  645 F.2d 854· 10th Cir.· 1981-04-01 ·cited 22×
  The court held that the roadblock stop and subsequent search of the vehicle were lawful, and the evidence seized was admissible.