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. James
  834 F.2d 92· 4th Cir.· 1987-11-24 ·cited 20×
  Possession of cocaine with intent to distribute is a 'drug trafficking crime' under 18 U.S.C. § 924(c)(2), and thus a firearm charge under § 924(c) can be based upon it.
• United States v. Boldin
  818 F.2d 771· 11th Cir.· 1987-06-05 ·cited 20×
  The court held that the appellant's double jeopardy rights were not violated by the government's use of evidence from a prior acquitted conspiracy charge to support a Continuing Criminal Enterprise (CCE) charge, and that the evidence was sufficient to sustain his convictions.
• United States v. Gonzalez
  804 F.2d 691· 11th Cir.· 1986-11-19 ·cited 20×
  The court held that the defenses of the two defendants were not mutually antagonistic, and therefore, severance was not required.
• United States v. Diaz-Albertini
  772 F.2d 654· 10th Cir.· 1985-09-10 ·cited 20×
  The court held that the appellant waived his right to challenge juror bias by failing to raise the issue promptly and that the search was lawful based on voluntary consent.
• United States v. Collins
  764 F.2d 647· 9th Cir.· 1985-06-25 ·cited 20×
  The court held that the evidence was sufficient to support the conviction, the district court did not abuse its discretion in admitting the appellant's statements and financial records, and the transfer of evidence from Customs to the DEA was valid.
• Moya v. United States
  745 F.2d 1044· 7th Cir.· 1984-09-21 ·cited 20×
  The court held that the government waived the issue of probable cause by failing to raise it timely, and that the prolonged detention of the suspect's luggage violated the Fourth Amendment.
• United States v. Porter
  738 F.2d 622· 4th Cir.· 1984-07-10 ·cited 20×
  The court held that the detective had probable cause to arrest the defendant based on a corroborated informant's tip and that the warrantless search of her bag was lawful as incident to that arrest.
• United States v. Campbell
  732 F.2d 1017· 1st Cir.· 1984-04-26 ·cited 20×
  The court held that the search warrant for firearms lacked probable cause, and the admission of evidence regarding the defendant's refusal to provide handwriting exemplars violated his Fifth Amendment rights.
• United States v. Perry
  731 F.2d 985· D.C. Cir.· 1984-04-06 ·cited 20×
  The court held that the joint trial of both defendants was proper under Federal Rules of Criminal Procedure 8(b) and 14, and that other claims of error were without merit.
• United States v. Woods
  720 F.2d 1022· 9th Cir.· 1983-11-15 ·cited 20×
  The court held that the officers had probable cause to arrest the appellants based on the totality of the circumstances, and that statements made during the initial investigatory detention were admissible as they were not made during custodial interrogation.
• United States v. Freitas
  716 F.2d 1216· 9th Cir.· 1983-04-25 ·cited 20×
  The court held that the warrantless search of the van was not supported by probable cause, and thus violated the Fourth Amendment. The court reversed Buster's conviction due to the admission of illegally obtained evidence.
• United States v. Capers
  685 F.2d 249· 8th Cir.· 1982-08-17 ·cited 20×
  The court held that the police had probable cause to arrest the defendant, and his subsequent statements were voluntary and admissible.
• United States v. Coletta
  682 F.2d 820· 9th Cir.· 1982-07-29 ·cited 20×
  The court held that Caucasian male defendants lack standing to allege discrimination in grand jury foreperson selection as an equal protection violation, and their allegations were insufficient to state a due process claim. The court also upheld the denial of motions to suppress
• United States v. Reedo Eric Corbitt
  675 F.2d 626· 4th Cir.· 1982-04-15 ·cited 20×
  The court held that the evidence seized was admissible, the superseding indictment was not the product of prosecutorial vindictiveness, and the chain of custody was sufficient.
• United States v. Minis
  666 F.2d 134· 5th Cir.· 1982-01-20 ·cited 20×
  The Court held that the affidavit supporting the search warrant established sufficient probable cause, and therefore the district court erred in suppressing the seized evidence.
• United States v. Skramstad
  649 F.2d 1259· 8th Cir.· 1981-06-08 ·cited 20×
  The court held that the affidavit supporting the search warrant was sufficient to establish probable cause, and the admission of evidence of other crimes was proper under Federal Rule of Evidence 404(b).
• United States v. Boone
  641 F.2d 609· 8th Cir.· 1981-03-04 ·cited 20×
  The court affirmed the appellant's convictions, finding sufficient evidence for conspiracy, that venue was waived, and that the joint trial did not prejudice the appellant.
• United States v. Lucinda Palmer
  575 F.2d 721· 9th Cir.· 1978-05-22 ·cited 20×
  The court held that the search was a lawful border search, and the level of intrusion was reasonable given the specific suspicions.
• United States v. Abrahamson
  568 F.2d 604· 8th Cir.· 1978-01-13 ·cited 20×
  The court held that the admission of an informant's statement was harmless error and that the evidence was sufficient to sustain the convictions.
• United States v. McDOWELL
  539 F.2d 435· 5th Cir.· 1976-09-23 ·cited 20×
  The court held that the trial court did not err in refusing specific voir dire questions, admitting evidence, allowing prosecutor's remarks, or sentencing on all counts.
• United States v. Barcenas
  498 F.2d 1110· 5th Cir.· 1974-08-05 ·cited 20×
  The court held that the admission of a co-defendant's non-responsive answer suggesting the appellant may have been in jail, and the jury's verdict form, did not constitute plain error affecting substantial rights.
• United States v. Mendoza
  491 F.2d 534· 5th Cir.· 1974-03-21 ·cited 20×
• United States v. Purin
  486 F.2d 1363· 2d Cir.· 1973-11-07 ·cited 20×
  The court held that the admission of evidence found on the appellant and her post-arrest statements were proper, and that there was sufficient evidence to convict Da Silva of conspiracy.
• Ivory Brown v. State
  8 So. 3d 1187· Fla. 4th DCA· 2009-04-15 ·cited 19×·via Possession Of Cocaine With Intent To Sell
  The court held that the evidence was insufficient to establish constructive possession of Xanax, but affirmed the conviction for possession of cocaine with intent to sell.
• State v. Reese
  774 So. 2d 948· Fla. 5th DCA· 2001-01-12 ·cited 19×
  The court held that the trial court erred in dismissing the charges because the facts alleged, when construed most favorably to the State, could establish a prima facie case of constructive possession.
• United States v. Foster
  939 F.2d 445· 7th Cir.· 1991-08-06 ·cited 19×
  The court held that the district court did not abuse its discretion in admitting expert testimony regarding drug trafficking methods and a rap verse found in the defendant's notebook, as these were relevant to the defendant's knowledge and intent and were admitted with appropriat
• Williams v. State
  573 So. 2d 124· Fla. 4th DCA· 1991-01-09 ·cited 19×·via Possession Of Cocaine With Intent To Sell
  Dennis Williams was convicted of cocaine possession with intent to sell based on evidence that cocaine rocks were found in a chair where he was seated among a group of men. The Fourth District Court of Appeal reversed the conviction, finding insufficient evidence of constructive
• United States v. Mauricio Borrero-Isaza
  887 F.2d 1349· 9th Cir.· 1989-10-19 ·cited 19×
  The court held that the district court impermissibly enhanced the defendant's sentence based on his national origin, rather than his involvement in drug trafficking from a source country.
• United States v. Encarnacion Moreno
  878 F.2d 817· 5th Cir.· 1989-07-14 ·cited 19×
  The court held that the trial court did not err in rejecting the Batson challenge, that evidence was sufficient to convict Moreno for importing cocaine, but insufficient to convict Orguiza for conspiracy, and that the trial court erred by failing to make an on-the-record finding
• United States v. Abdon Delgadillo-Velasquez
  856 F.2d 1292· 9th Cir.· 1988-09-01 ·cited 19×
  The court held that the initial seizure constituted an arrest without probable cause, and subsequent consent to search was tainted by the illegal arrest, requiring suppression of all evidence.
• United States v. Maldonado
  849 F.2d 522· 11th Cir.· 1988-07-12 ·cited 19×
  The court held that the defendant's conviction is affirmed because his challenges regarding jury selection, sufficiency of evidence, and multiplicitous counts lack merit.
• United States v. Juan Andres Blanco (86-6305)
  844 F.2d 344· 6th Cir.· 1988-04-14 ·cited 19×
  The court held that the defendants lacked standing to challenge the search of the car, and that even if they had standing, the consent to search was voluntary and not the fruit of an illegal seizure. The evidence was also sufficient to support the convictions.
• United States v. Restrepo
  814 F.2d 1236· 7th Cir.· 1987-03-25 ·cited 19×
  The court held that the tape of a conversation was admissible because it was sufficiently authenticated by circumstantial evidence and also admissible as a co-conspirator's statement, and that the prosecutor's remarks and the jury's use of transcripts did not constitute prejudici
• United States v. Sarmiento
  744 F.2d 755· 11th Cir.· 1984-10-18 ·cited 19×
  The court affirmed the convictions, finding that the trial court's intervention prevented reversible error from the prosecutor's improper rebuttal argument.
• United States v. Zulema Gonzalez
  703 F.2d 1222· 11th Cir.· 1983-04-25 ·cited 19×
  The court held that the admission of testimony regarding a death threat was proper, as it was relevant to show consciousness of guilt and its probative value was not substantially outweighed by prejudice.
• United States v. de Gutierrez
  667 F.2d 16· 5th Cir.· 1982-02-08 ·cited 19×
  The court held that the strip search of the defendant at the border was lawful because it was supported by reasonable suspicion, and therefore the contraband evidence obtained was admissible.
• United States v. Poitier
  623 F.2d 1017· 5th Cir.· 1980-08-11 ·cited 19×
  The court held that even if hearsay evidence and jury instructions were improperly admitted, the errors were harmless due to overwhelming other evidence of guilt. The evidence was also sufficient to support Poitier's conviction for conspiracy.
• United States v. Schleis
  543 F.2d 59· 8th Cir.· 1976-10-21 ·cited 19×
  The court held that the deputy marshal's investigatory stop, pat-down for weapons, and subsequent searches of the appellant's person and briefcase were lawful under the Fourth Amendment.
• United States v. Pullarao Pentapati
  484 F.2d 450· 5th Cir.· 1973-09-05 ·cited 19×
  A defendant is subject to U.S. narcotics laws even if a foreign trafficker, provided the controlled substance is brought within U.S. territorial jurisdiction and there is intent to distribute.
• Houser v. State
  666 So. 2d 158· Fla. 5th DCA· 1995-09-08 ·cited 18×·via Possession Of Cocaine With Intent To Sell
  Appellate court struck the habitual offender adjudication for a cocaine possession conviction and the public defender's lien imposed without proper notice, but affirmed the underlying convictions and sentences.
• Paige v. State
  641 So. 2d 179· Fla. 5th DCA· 1994-08-12 ·cited 18×·via Possession Of Cocaine With Intent To Sell
  Paige was convicted of possessing cocaine with intent to sell within 200 feet of a public housing facility. After his conviction, the Florida Supreme Court struck down the statute's 'public housing facility' language as unconstitutionally vague. The appellate court reversed and r
• United States v. Jordan
  958 F.2d 1085· D.C. Cir.· 1992-03-17 ·cited 18×
  The court held that retaining a driver's license during questioning constitutes a seizure under the Fourth Amendment, requiring suppression of evidence obtained thereafter.
• United States v. Galloway
  951 F.2d 64· 5th Cir.· 1992-01-08 ·cited 18×
  The court held that the sentencing guidelines' disparate treatment of crack cocaine versus powdered cocaine does not violate due process or equal protection rights, as there is a rational basis for the distinction.
• United States v. Thomas A. Christian (90-6326)
  942 F.2d 363· 6th Cir.· 1991-08-19 ·cited 18×
  The court held that the evidence was sufficient to convict Christian for aiding and abetting the use of a firearm in relation to a drug offense and affirmed Friend's sentence, finding the district court did not err in its application of the Sentencing Guidelines.
• United States v. Cosme Torres-Medina
  935 F.2d 1047· 9th Cir.· 1991-06-07 ·cited 18×
  A firearm can be considered available for purposes of 18 U.S.C. § 924(c)(1) if its proximity to the defendant supports an inference that it emboldened him, even if the defendant could not personally access it due to disability, provided confederates could retrieve it.
• Baten v. State
  579 So. 2d 764· Fla. 5th DCA· 1991-04-25 ·cited 18×·via Possession Of Cocaine With Intent To Sell
  Victor Baten was convicted of cocaine possession with intent to sell. Baten appealed arguing insufficient evidence supported the intent-to-sell element, but the appellate court affirmed, finding the evidence—including the amount of cocaine, packaging, the defendant's lack of legi
• United States v. Gonzales
  929 F.2d 213· 6th Cir.· 1991-04-03 ·cited 18×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court affirmed the defendant's conviction and sentence, holding that the ineffective assistance of counsel claim could not be raised for the first time on appeal and that the upward departure from the Sentencing Guidelines was reasonable.
• United States v. Angulo
  927 F.2d 202· 5th Cir.· 1991-03-08 ·cited 18×
  The court held that the district court did not clearly err in relying on an officer's estimate of unrecovered cocaine to determine the base offense level for sentencing.
• United States v. Johnson
  925 F.2d 1115· 8th Cir.· 1991-02-14 ·cited 18×
  The court held that the omission of the informant's familial relationship in the warrant affidavit was not a Franks violation and that taped conversations were admissible coconspirator statements.
• United States v. Cagle
  922 F.2d 404· 7th Cir.· 1991-01-09 ·cited 18×
  The court held that the district court did not err in determining the quantity of cocaine involved in the conspiracy based on a ledger found in the defendant's bedroom, nor did it violate the defendant's right to notice.