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

• Harris v. State
  641 So. 2d 126· Fla. 1st DCA· 1994-06-20 ·cited 6×·via Possession Of Cocaine With Intent To Sell
  The court affirmed the conviction of James Wilbur Harris for possession of cocaine and possession of cocaine with intent to sell, finding that the trial court did not err in denying his motion to suppress.
• United States v. Carlos C. Vicaria, M.D.
  12 F.3d 195· 11th Cir.· 1994-01-25 ·cited 6×
  The United States appealed a district court's grant of a new trial to Dr. Vicaria following his narcotics conviction, arguing the court abused its discretion by reconsidering its refusal to give a jury instruction on the defendant's theory of the case. The Eleventh Circuit held t
• United States v. Irvin Alamia Moran (91-6309) & Rena Morales (91-6310)
  998 F.2d 1368· 6th Cir.· 1993-07-16 ·cited 6×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the time granted for filing pretrial motions is excludable from the Speedy Trial Act's seventy-day calculation, and that the traffic stop was constitutional.
• United States v. Perez
  989 F.2d 1574· 10th Cir.· 1993-03-30 ·cited 6×
  The court held that a per se reversal rule for admitting coconspirator hearsay without required findings is modified; instead, appellate courts should assess harmless error and may remand for findings if necessary. The hearsay error in this case was harmless.
• United States v. Edge
  989 F.2d 871· 6th Cir.· 1993-03-24 ·cited 6×
  The court held that for federal sentencing purposes, a marijuana cutting is considered a "plant" only if there is readily observable evidence of root formation, and not merely callus tissue.
• United States v. Haynes
  985 F.2d 65· 2d Cir.· 1993-02-03 ·cited 6×·via Possession With Intent To Distribute Crack Cocaine
  The court held that 'youthful lack of guidance,' prosecutorial choice of federal over state jurisdiction, and the discriminatory impact of crack cocaine penalties are not valid grounds for downward departure from the sentencing guidelines.
• United States v. Gutierrez-Silva
  983 F.2d 123· 8th Cir.· 1993-01-06 ·cited 6×
  The court held that an unloaded firearm found in proximity to drugs is sufficient to support a conviction for using a firearm during a drug trafficking crime.
• United States v. Echeverri
  982 F.2d 675· 1st Cir.· 1993-01-05 ·cited 6×
  The court held that the evidence was sufficient to support the jury's verdict for drug trafficking charges and that the trial court did not err in admitting the drug ledger or expert testimony.
• United States v. Chin
  981 F.2d 1275· D.C. Cir.· 1992-12-29 ·cited 6×
  The court held that probable cause existed for the arrest, venue was proper for the use-of-a-juvenile charge, expert testimony was admissible, and the government need not prove the defendant knew the person used was underage.
• United States v. Mendoza-Burciaga
  981 F.2d 192· 5th Cir.· 1992-12-29 ·cited 6×
  The court held that the DEA agents' warrantless search of the residence fell within the protective sweep exception and that the district court did not err in excluding defendants from the in camera hearing for confidential informants.
• United States v. Pazzanese
  982 F.2d 251· 8th Cir.· 1992-12-07 ·cited 6×
  The court held that the chain of custody for the cocaine was sufficiently established, affirming the convictions, but that a prior New York conviction for criminal facilitation did not qualify as a 'felony drug offense' to trigger a mandatory minimum sentence, thus vacating the s
• United States v. Ewing
  979 F.2d 1234· 7th Cir.· 1992-11-16 ·cited 6×
  The court held that the district court did not abuse its discretion in disallowing the defendant's attorney from testifying, as her testimony would have been cumulative, and affirmed the sentencing enhancement for firearm possession, finding sufficient evidence of connection to t
• United States v. Olson
  978 F.2d 1472· 7th Cir.· 1992-11-05 ·cited 6×
  The court affirmed the convictions, holding that the trial court did not abuse its discretion in refusing to disclose the informant's address, nor in its jury instructions or evidentiary rulings, and that sufficient evidence supported the convictions.
• United States v. Anuar Morales
  977 F.2d 1330· 9th Cir.· 1992-10-21 ·cited 6×
  A defendant's refusal to testify at a co-conspirator's trial after being granted immunity constitutes obstruction of justice under U.S.S.G. § 3C1.1.
• United States v. Villarreal
  977 F.2d 1077· 7th Cir.· 1992-10-13 ·cited 6×
  The court held that the evidence was sufficient to support a conviction under 18 U.S.C. § 924(c) and that the district court did not err in its sentencing determination of the drug quantity.
• United States v. Morris
  977 F.2d 677· 1st Cir.· 1992-10-08 ·cited 6×
  The court affirmed the denial of motions to suppress evidence and statements, and the conviction, but vacated a portion of the sentence due to an incorrect penalty. The court also affirmed the denial of a motion challenging jury deliberations.
• United States v. Edwards
  968 F.2d 1148· 11th Cir.· 1992-08-14 ·cited 6×
  Defendants were convicted of cocaine importation and related offenses. The Eleventh Circuit reversed Thomas Roker's convictions for 1983 substantive offenses because the district court erred by failing to instruct the jury on the statute of limitations defense, which had an evide
• United States v. Slater
  971 F.2d 626· 10th Cir.· 1992-08-04 ·cited 6×
  The court held that the evidence presented was insufficient to prove an agreement to possess cocaine, as charged in the indictment, and therefore the conspiracy conviction should be reversed.
• United States v. Swinney
  970 F.2d 494· 8th Cir.· 1992-07-30 ·cited 6×
  The court affirmed convictions and sentences, finding no error in the Batson challenge, venue determination, denial of self-representation or continuance, or severance motions.
• United States v. Elizabeth Chalkias (91-3528)
  971 F.2d 1206· 6th Cir.· 1992-07-30 ·cited 6×
  The court affirmed the convictions and sentences, finding no plain error in the cross-examination, closing arguments, or jury instructions, and that the Speedy Trial Act was not violated.
• United States v. Bluske
  969 F.2d 609· 8th Cir.· 1992-07-02 ·cited 6×
  The court held that the district court erred in relying solely on the presentence report's unsupported conclusions to determine drug quantities for sentencing, and that a serious question was raised regarding the attorney's conflict of interest. The court vacated the sentence and
• United States v. Rodrigo Sostre
  967 F.2d 728· 1st Cir.· 1992-06-29 ·cited 6×
  The court held that the district court erred in applying a three-level upward adjustment for the defendant's supervisory role, but did not err in applying a two-level increase for weapon possession or denying a two-level decrease for minor participation.
• United States v. Negrete-Gonzales
  966 F.2d 1277· 9th Cir.· 1992-06-02 ·cited 6×
  The court held that striking a key defense witness's testimony for refusing to name a source, permitting inquiry into post-arrest silence, and providing erroneous jury instructions constituted reversible error.
• United States v. Mosley
  965 F.2d 906· 10th Cir.· 1992-05-28 ·cited 6×
  The court held that the government's conduct was not so outrageous as to violate due process, the district court's clarification of 'fronting' did not constructively amend the indictment, and the court correctly determined it lacked discretion to depart below the statutory minimu
• United States v. Zaida Rodriguez
  961 F.2d 1089· 3d Cir.· 1992-04-17 ·cited 6×
  The court held that the schoolyard provision of federal drug laws applies to a defendant who possesses drugs within 1,000 feet of a school with the intent to distribute those drugs at any location, not just within 1,000 feet of a school.
• United States v. Moore
  958 F.2d 310· 10th Cir.· 1992-03-04 ·cited 6×
  A defendant may not receive two separate convictions and sentences under 18 U.S.C. § 924(c)(1) for using multiple firearms in relation to a single underlying drug trafficking offense. Only one conviction and sentence is permissible.
• United States v. Soto-Alvarez
  958 F.2d 473· 1st Cir.· 1992-03-04 ·cited 6×
  The court affirmed the denial of the motion for a new trial and the conviction, finding no prosecutorial misconduct, ineffective assistance of counsel, due process violation during resentencing, or double jeopardy violation.
• United States v. Johnson
  954 F.2d 1015· 5th Cir.· 1992-02-13 ·cited 6×
  The court held that the defendant knowingly and voluntarily waived his Sixth Amendment right to counsel by deliberately choosing to speak with a cooperating co-defendant despite his attorney's advice.
• United States v. Robin Rene Warner (90-3753)
  955 F.2d 441· 6th Cir.· 1992-01-31 ·cited 6×
  The court held that the evidence was sufficient to sustain the convictions, the trial court did not err in denying severance motions, and the trial judge's conduct was not prejudicial. The court also affirmed the drug quantity calculations used for sentencing.
• United States v. Velasco
  953 F.2d 1467· 7th Cir.· 1992-01-17 ·cited 6×
• United States v. Gale
  952 F.2d 1412· D.C. Cir.· 1992-01-14 ·cited 6×·via Possession With Intent To Distribute Crack Cocaine
  The court held that the physical evidence seized and the defendant's fourth statement were admissible, affirming the district court's ruling.
• United States v. Scott Tisdale (90-3302)
  952 F.2d 934· 6th Cir.· 1992-01-02 ·cited 6×
  The court should remand the firearm enhancement aspect of the sentence because the district court failed to articulate specific factual grounds for finding that the defendant reasonably should have foreseen his coconspirator's possession of the weapon.
• United States v. Saver Hodge-Balwing
  952 F.2d 607· 1st Cir.· 1991-12-30 ·cited 6×
  The court held that the prosecutor's actions did not constitute reversible error, and the defendant received a fair trial despite minor improprieties.
• United States v. van Winrow
  951 F.2d 1069· 9th Cir.· 1991-12-16 ·cited 6×
  The court held that the mandatory life sentence without parole for possession of cocaine with intent to distribute, based on prior felony drug convictions, does not violate the Eighth Amendment, due process, or statutory intent.
• United States v. Jordan
  951 F.2d 1278· D.C. Cir.· 1991-12-13 ·cited 6×
  The court held that the record was insufficient to determine if a Fourth Amendment seizure occurred, remanding for clarification on whether the defendant's driver's license was retained by the officers.
• United States v. LaSALLE
  948 F.2d 215· 6th Cir.· 1991-11-05 ·cited 6×
  A district court cannot depart downward from the Sentencing Guidelines based on a belief that the career offender provisions are unconstitutional or create unwarranted disparities within a single case.
• United States v. DiIORIO
  948 F.2d 1· 1st Cir.· 1991-10-16 ·cited 6×
  The court held that the district court did not err in applying the Sentencing Guidelines, including the drug amount from a dismissed count and denying a minimal role adjustment, and that the district court understood its authority to depart but properly declined to do so.
• United States v. Ward Laray Price
  945 F.2d 331· 10th Cir.· 1991-09-11 ·cited 6×
  The court held that the defendant's conviction is affirmed, but the sentence is vacated and remanded for resentencing due to the district court's failure to comply with procedural rules regarding presentence reports.
• United States v. Reggie LeROY
  944 F.2d 787· 10th Cir.· 1991-09-11 ·cited 6×
  The court held that the district court failed to comply with Fed.R.Crim.P. 32(c)(3)(D) by not making required findings or determinations on challenged facts in the presentence report. The court also affirmed the conviction, finding sufficient evidence and proper admission of co-d
• United States v. Poindexter
  942 F.2d 354· 6th Cir.· 1991-08-15 ·cited 6×
  The court held that the district court abused its discretion by limiting closing arguments regarding the lack of fingerprint evidence and by criticizing defense counsel, denying one defendant a fair trial, but that such errors were harmless as to the other defendant due to strong
• United States v. Nimrod
  940 F.2d 1186· 8th Cir.· 1991-08-08 ·cited 6×
  The court held that the trial court did not err in denying a mistrial based on witness testimony, nor in its sentencing determination, and that conflicting witness testimony does not establish the government knowingly presented false evidence.
• United States v. Dunson
  940 F.2d 989· 6th Cir.· 1991-08-01 ·cited 6×
• United States v. Hughes
  940 F.2d 1125· 8th Cir.· 1991-07-23 ·cited 6×
  The court held that the seizure of cocaine and a gun was permissible under the plain view doctrine, and the evidence was sufficient to support the convictions.
• United States v. Hernandez
  937 F.2d 1490· 9th Cir.· 1991-07-09 ·cited 6×
  The court held that a government informant's presence during joint defense preparations did not violate the Sixth Amendment without demonstrable prejudice to the defendants. The court also held that alleged omissions in the search warrant affidavit regarding the opening of a car
• United States v. Pettit
  938 F.2d 175· 10th Cir.· 1991-07-03 ·cited 6×·via Possession With Intent To Distribute Crack Cocaine
  The court held that the district court did not err in enhancing the defendant's criminal history score for a prior misdemeanor conviction and for committing the instant offense while under a criminal justice sentence.
• United States v. Adams
  938 F.2d 96· 8th Cir.· 1991-07-01 ·cited 6×
  The court held that the late production of a witness statement did not violate the Jencks Act absent bad faith or prejudice, and that notice requirements for sentence enhancement under 21 U.S.C. § 851 do not apply to sentencing under U.S.S.G. § 4B1.1.
• United States v. Brown
  934 F.2d 886· 7th Cir.· 1991-06-13 ·cited 6×
  Inconsistent jury verdicts, including an acquittal on substantive counts and a conviction on a conspiracy count, do not automatically require reversal of the conspiracy conviction if sufficient evidence supports it.
• United States v. Pierre
  932 F.2d 377· 5th Cir.· 1991-05-21 ·cited 6×
  The court held that an agent's insertion of his head into a vehicle constitutes a Fourth Amendment search, and consent to search luggage does not automatically purge the taint of a prior illegal search if intervening circumstances are lacking.
• United States v. Marden Terry Register
  931 F.2d 308· 5th Cir.· 1991-05-06 ·cited 6×
  The court held that evidence obtained via a valid search warrant is admissible even if observed during an unlawful entry, provided the warrant is an independent source. The court also found that the defendant failed to establish a double jeopardy claim and remanded for resentenci
• United States v. Powell
  929 F.2d 724· D.C. Cir.· 1991-04-05 ·cited 6×
  The court held that the evidence was insufficient to support the firearms charge because the government failed to prove the defendant knew to a practical certainty that his associate would be carrying a gun.