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. Benson
  631 F.2d 1336· 8th Cir.· 1980-09-18 ·cited 22×
  The court held that the warrantless search of Benson's luggage was unreasonable and violated the Fourth Amendment because it was not conducted in the absence of exigent circumstances after the luggage was under the exclusive control of the police.
• United States v. Rosado-Fernandez
  614 F.2d 50· 5th Cir.· 1980-03-17 ·cited 22×
  The court held that sufficient evidence supported the conspiracy conviction and that a co-conspirator's possession of drugs could be imputed to the defendant. The court also held that the evidence sufficiently established the cocaine was the illegal 'L' isomer.
• United States v. Ortiz
  610 F.2d 280· 5th Cir.· 1980-01-21 ·cited 22×
  The court held that the evidence was sufficient to identify the substance as L-cocaine and affirmed the conviction for distribution. The court also invoked the concurrent sentence doctrine to affirm the possession conviction without reaching the merits of the sufficiency challeng
• Gov't OF the Canal Zone v. Davis
  592 F.2d 887· 5th Cir.· 1979-04-06 ·cited 22×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the district court's denial of the appellants' motion to inspect jury records was reversible error, violating their rights under the Jury Selection and Service Act of 1968.
• United States v. Rieves
  584 F.2d 740· 5th Cir.· 1978-11-22 ·cited 22×
  The court held that the strip search of Berry was supported by reasonable suspicion and that Rieves' statements were not coerced, affirming their convictions.
• United States v. Lane
  584 F.2d 60· 5th Cir.· 1978-11-13 ·cited 22×
  The court held that the trial court erred in refusing to sever the trials of the two defendants after one defendant was acquitted of the conspiracy charge, leading to prejudice for both defendants.
• United States v. Valentin
  569 F.2d 1069· 9th Cir.· 1978-02-17 ·cited 22×
  The court held that the evidence seized was admissible and sufficient to support the conviction for possession of cocaine with intent to distribute.
• United States v. José Rafael Rojas
  502 F.2d 1042· 5th Cir.· 1974-10-17 ·cited 22×
  The court affirmed the conviction and sentence, finding no merit in the appellant's assigned errors regarding voir dire, evidence preservation, multiplicity of charges, and jury instructions.
• United States v. Cristancho-Puerto
  475 F.2d 1025· 5th Cir.· 1973-01-10 ·cited 22×
• Thomas v. State
  63 So. 3d 55· Fla. 4th DCA· 2011-05-18 ·cited 21×·via Possession Of Cocaine With Intent To Sell
  Kevin Thomas appeals his conviction for possession of cocaine with intent to sell, arguing the trial court failed to conduct an adequate Richardson hearing after discovering the State did not list Detective Tianga as an expert witness in discovery, despite presenting him as such
• Augustin Fleurimond v. State
  10 So. 3d 1140· Fla. 3d DCA· 2009-05-27 ·cited 21×·via Possession Of Cocaine With Intent To Sell
  Augustin Fleurimond appeals his conviction for drug trafficking and possession. The Third District Court of Appeal reversed and remanded for a new trial, finding that the State violated a pretrial order in limine by introducing prejudicial testimony about the area being known for
• Brown v. State
  719 So. 2d 1243· Fla. 5th DCA· 1998-10-09 ·cited 21×·via Possession Of Cocaine With Intent To Sell
  Mark Anthony Brown appealed the denial of his motion to suppress evidence obtained from a traffic stop, arguing there was no reasonable suspicion to justify the stop. The Florida Fifth District Court of Appeal affirmed, holding that the officer had sufficient reasonable suspicion
• United States v. Wake
  948 F.2d 1422· 5th Cir.· 1991-12-10 ·cited 21×
  The court held that the schoolyard statute applies when a defendant possesses drugs with intent to distribute them somewhere, even if the distribution itself does not occur within the 1,000-foot zone. The court also held that the district court did not err in admitting evidence o
• United States v. Miranda-Ortiz
  926 F.2d 172· 2d Cir.· 1991-02-12 ·cited 21×
  A defendant's conviction for conspiracy is affirmed if evidence shows knowledge of the collective venture, but the sentence must be recalculated if prior conduct was not known or reasonably foreseeable.
• United States v. Thomas
  900 F.2d 37· 4th Cir.· 1990-04-05 ·cited 21×
  The court held that the mandatory minimum sentence for crack cocaine offenses does not violate the Eighth Amendment or the Equal Protection Clause, and that a conspiracy conviction can stand despite the acquittal of a co-conspirator.
• United States v. Quigley
  890 F.2d 1019· 8th Cir.· 1989-11-28 ·cited 21×
  The court held that while the use of drug courier profile testimony as substantive evidence of guilt was improper, the error was harmless given the substantial independent evidence supporting the conviction.
• K.M. v. State
  545 So. 2d 464· Fla. 3d DCA· 1989-06-20 ·cited 21×·via Possession Of Cocaine With Intent To Sell
  The court affirmed a juvenile's adjudication of delinquency for cocaine possession with intent to sell, holding that substantial circumstantial evidence, including expert testimony on drug packaging, supported the finding of intent to sell beyond reasonable hypothesis of innocenc
• United States v. Kovac
  795 F.2d 1509· 9th Cir.· 1986-08-07 ·cited 21×
  The court should not have reached the issue of whether federal or state law governs the validity of a state search warrant in a joint investigation, as the warrant is valid under both standards and the officers relied on it in good faith.
• United States v. Hoelker
  765 F.2d 1422· 9th Cir.· 1985-07-17 ·cited 21×
  The court affirmed the convictions, holding that the Hobbs Act charges were properly brought, severance was not required, evidence was admissible, prosecutorial comments were permissible, and double jeopardy did not bar the substantive charges.
• United States v. Lowell John Pajari
  715 F.2d 1378· 8th Cir.· 1983-08-31 ·cited 21×
  The court held that the officers' approach to the defendant's car was not an unlawful seizure, and the subsequent pat-down search and seizure of cocaine were justified by reasonable suspicion and probable cause, respectively. The court also rejected the defendant's speedy trial c
• United States v. Dudley Lee Berry
  636 F.2d 1075· 5th Cir.· 1981-02-13 ·cited 21×·via Possession Of Cocaine Hydrochloride With Intent To Distribute
  The court held that the initial encounter was not a seizure, and reasonable suspicion existed at the time of the subsequent seizure, thus the denial of the motion to suppress was proper.
• United States v. Jairo Enrique Rada-Solano
  625 F.2d 577· 5th Cir.· 1980-09-05 ·cited 21×
  Illegally obtained statements may be used for impeachment, and a deliberate ignorance jury instruction is permissible when facts support it.
• United States v. Nelson
  599 F.2d 714· 5th Cir.· 1979-07-30 ·cited 21×
  The court held that collateral estoppel does not bar retrial on substantive drug distribution counts after an acquittal on a conspiracy charge, and that the trial court did not abuse its discretion in declaring a mistrial due to a deadlocked jury.
• Nesmith v. State
  616 So. 2d 170· Fla. 2d DCA· 1993-03-31 ·cited 20×·via Possession Of Cocaine With Intent To Sell
  Freddie Nesmith appeals his convictions for cocaine possession with intent to sell and obstructing an officer with violence, challenging the legality of his detention. The court holds that police lacked founded suspicion to detain Nesmith based solely on his presence in a high-cr
• United States v. Morris
  977 F.2d 617· D.C. Cir.· 1992-10-09 ·cited 20×
  The court held that the evidence was sufficient to support convictions for possession of cocaine with intent to distribute and for using or carrying a firearm during a drug trafficking offense.
• United States v. Cacho
  951 F.2d 308· 11th Cir.· 1992-01-21 ·cited 20×
  Vivian Cacho pleaded guilty to conspiracy to import cocaine and was sentenced to 78 months imprisonment. The district court properly refused downward adjustments based on her allegedly minor role as a courier and her status as mother of four young children, as the Guidelines do n
• United States v. Vargas
  945 F.2d 426· 1st Cir.· 1991-09-25 ·cited 20×
  The court held that there was sufficient evidence to support the jury's verdict of guilty for possessing and conspiring to possess cocaine with intent to distribute.
• United States v. Rugerio Valdiosera-Godinez and Alejandro Garcia-Gil
  932 F.2d 1093· 5th Cir.· 1991-05-23 ·cited 20×
  The court held that the evidence was sufficient to convict the defendants of drug possession and conspiracy, that the prosecutor's closing arguments were not improper, and that the denial of the motion to suppress and the sentencing enhancement were correct.
• United States v. Joine Hose Maejia
  928 F.2d 810· 8th Cir.· 1991-03-22 ·cited 20×
  The court held that there was sufficient evidence to support the conspiracy conviction, the evidence was properly admitted, the traffic stop was not pretextual, the search warrant was valid, and the sentencing enhancement was appropriate.
• United States v. Mena
  925 F.2d 354· 9th Cir.· 1991-02-08 ·cited 20×
  A district court's refusal to depart downward from a Guideline sentence based on a mistaken belief that it lacks the power to do so, absent a government motion, is appealable. The court affirmed the conviction, finding sufficient evidence of possession and that a downward departu
• United States v. Iguaran-Palmar
  926 F.2d 7· 1st Cir.· 1991-02-04 ·cited 20×
  The court held that the district court did not err in adjusting the appellant's base offense level for a managerial role based on the purity of the drugs and the quantity involved.
• United States v. Farmer
  924 F.2d 647· 7th Cir.· 1991-01-28 ·cited 20×
  The court affirmed convictions for RICO and other offenses, finding no merit in the appellants' numerous claims of error, including double jeopardy, insufficient interstate commerce nexus, and improper evidentiary or sentencing rulings.
• United States v. REY
  923 F.2d 1217· 6th Cir.· 1991-01-22 ·cited 20×
  The court concurred that evidence seized under a warrant, though potentially overbroad in scope, was admissible under the good faith exception to the exclusionary rule.
• United States v. Rodriguez-Nuez
  919 F.2d 461· 7th Cir.· 1990-12-03 ·cited 20×
  The court should affirm the district court's sentencing enhancements for the defendant's role as a supervisor and possession of dangerous weapons.
• United States v. Moore
  919 F.2d 1471· 10th Cir.· 1990-11-29 ·cited 20×
  Consecutive sentences under 18 U.S.C. § 924(c) are impermissible for multiple firearms involved in a single drug trafficking offense. The court also affirmed the sufficiency of evidence for the machine gun charge and the search warrant's validity.
• United States v. LEE
  916 F.2d 814· 2d Cir.· 1990-10-17 ·cited 20×
  The court held that a defendant's explicit denial of ownership of a suitcase, despite its presence, constitutes abandonment, forfeiting any Fourth Amendment protection against its search.
• United States v. Snyder
  913 F.2d 300· 6th Cir.· 1990-09-06 ·cited 20×
  The court affirmed the district court's sentencing determination, finding that the two-level enhancement for firearm possession was appropriate and that the denial of a reduction for acceptance of responsibility was not clearly erroneous.
• United States v. Millan
  912 F.2d 1014· 8th Cir.· 1990-08-31 ·cited 20×
  The dissent argues that the majority erred by not applying the Leon good faith exception to cure the taint of evidence obtained during an invalid detention, and that reasonable suspicion existed for the initial stop.
• United States v. Ferryman
  897 F.2d 584· 1st Cir.· 1990-02-21 ·cited 20×
  The court held that for drug distribution offenses committed during the 'hiatus period' under the 1984 version of 21 U.S.C. § 841(b)(1)(B), ADAA § 1004 preserved the preexisting special parole requirements, making it obligatory.
• United States v. Valencia-Roldan
  893 F.2d 1080· 9th Cir.· 1990-01-10 ·cited 20×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that 21 U.S.C. § 845b is a separate offense statute, not a sentence enhancement, and does not require proof that the defendant knew the minor's age.
• United States v. Winston
  892 F.2d 112· D.C. Cir.· 1989-12-22 ·cited 20×
  The court held that the initial encounter and subsequent questioning of the defendant did not constitute a seizure under the Fourth Amendment, and the defendant voluntarily consented to the search of his bag.
• United States v. Tejada
  886 F.2d 483· 1st Cir.· 1989-10-04 ·cited 20×
  The court held that the district court did not err in admitting testimony about a drug ledger, excluding impeachment testimony, allowing testimony in Spanish with an interpreter, and denying a motion to merge possession and distribution counts.
• United States v. Johnson
  886 F.2d 1120· 9th Cir.· 1989-09-25 ·cited 20×
  The court held that the district court did not abuse its discretion in refusing to disclose the informant's identity, that defendants lacked standing to challenge certain aspects of a sentencing statute, and that a firearms conviction under 18 U.S.C. § 924(c) can be based on a co
• United States v. Civelli
  883 F.2d 191· 2d Cir.· 1989-08-15 ·cited 20×
  The court held that the district court did not commit plain error by giving a supplemental jury instruction on conscious avoidance of knowledge, even after closing arguments, as the evidence supported the charge and the jury's inquiry necessitated it.
• United States v. LaFRANCE
  879 F.2d 1· 1st Cir.· 1989-07-17 ·cited 20×
  The court held that the five-and-a-quarter-hour detention of a Federal Express package, based on reasonable suspicion and culminating in a positive drug sniff, was not an unreasonable seizure under the Fourth Amendment.
• Williams v. State
  529 So. 2d 345· Fla. 1st DCA· 1988-08-08 ·cited 20×·via Possession Of Cocaine With Intent To Sell
  Jimmie Lee Williams was convicted of possession of drug paraphernalia after police found drug-related items in an apartment he leased but had vacated before the search. The court reversed, holding that the state failed to prove constructive possession because the apartment was jo
• United States v. Galberth
  846 F.2d 983· 5th Cir.· 1988-05-26 ·cited 20×
  The court held that the defendant voluntarily consented to the warrantless search of her person, and this consent was not tainted by any prior illegal seizure.
• United States v. Angelita Gotay
  844 F.2d 971· 2d Cir.· 1988-04-15 ·cited 20×
  The court held that post-arrest statements made after an ambiguous or clear request for counsel, without further clarification or waiver initiated by the defendant, should have been suppressed. The admission of these statements was not harmless error for the distribution counts.
• United States v. Ascarrunz
  838 F.2d 759· 5th Cir.· 1988-02-17 ·cited 20×
  The court held that a co-conspirator's statements made after a defendant's arrest are admissible if made in furtherance of the ongoing conspiracy by an unarrested co-conspirator. The court also found sufficient evidence to support the convictions and no abuse of discretion in den
• United States v. Chase
  838 F.2d 743· 5th Cir.· 1988-02-12 ·cited 20×
  The court held that a jury can rationally find guilt for simple possession as a lesser included offense of possession with intent to distribute, even if the prosecution's evidence suggests distribution, and that cautionary instructions regarding extrinsic evidence were adequate.