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. Mieres-Borges
  919 F.2d 652· 11th Cir.· 1990-12-18 ·cited 71×
  The evidence was insufficient to convict Mieres-Borges beyond a reasonable doubt of possession with intent to distribute and conspiracy.
• United States v. Jenkins
  701 F.2d 850· 10th Cir.· 1983-02-28 ·cited 71×
  The court held that pre-indictment delay did not violate due process, post-indictment delay did not violate the Sixth Amendment right to a speedy trial, the jury instructions adequately covered the defendant's theory of defense, and the peremptory challenge of a Black juror was n
• United States v. Costa
  691 F.2d 1358· 11th Cir.· 1982-11-22 ·cited 71×
  The court held that the defendant's conviction for possession of cocaine with intent to distribute and conspiracy to possess cocaine with intent to distribute is affirmed, finding no reversible error in the evidentiary rulings or the ineffective assistance of counsel claim.
• United States v. Hernandez
  896 F.2d 513· 11th Cir.· 1990-03-14 ·cited 70×
  The court held that the evidence was insufficient to convict Giral of conspiracy and possession with intent to distribute, but sufficient for Bauta and Hernandez. The admission of prior convictions under Rule 404(b) was not an abuse of discretion.
• United States v. Morales
  868 F.2d 1562· 11th Cir.· 1989-04-06 ·cited 70×
  The court held that the initial joinder of defendants in the indictment was proper under Rule 8(b) and that the denial of severance motions under Rule 14 was not an abuse of discretion, as no compelling prejudice was demonstrated.
• United States v. Robinson
  857 F.2d 1006· 5th Cir.· 1988-10-04 ·cited 70×
  The court held that the evidence was sufficient to support all four convictions and that the denial of the motion to suppress was not erroneous.
• United States v. Wilkinson
  754 F.2d 1427· 2d Cir.· 1985-01-16 ·cited 70×
  The court affirmed convictions for drug offenses, finding sufficient evidence for continuing criminal enterprise, admissible prior consistent statements, and proper denial of multiple conspiracy charges and wiretap necessity.
• United States v. Butler
  611 F.2d 1066· 5th Cir.· 1980-02-14 ·cited 70×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the jury selection process was constitutional, the warrantless arrests and seizures were lawful, the denial of severance was proper, and the evidence was sufficient to sustain the convictions for conspiracy to possess marijuana and aiding and abetting possessi
• United States v. Thompson
  603 F.2d 1200· 5th Cir.· 1979-10-05 ·cited 70×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the statutes and regulations regarding currency transaction reporting were not unconstitutionally vague as applied and that structuring a transaction to avoid reporting requirements was unlawful.
• United States v. Brand
  556 F.2d 1312· 5th Cir.· 1977-08-05 ·cited 70×·via Possession Of Cocaine Hydrochloride With Intent To Distribute
  The court held that a 20-month preindictment delay did not violate due process or speedy trial rights, and the search warrant was validly issued based on corroborated hearsay and plain view evidence.
• United States v. Santana
  485 F.2d 365· 2d Cir.· 1973-10-01 ·cited 70×
  The court held that the seizure of cocaine was lawful under the plain view doctrine, and the prosecutor's summation and jury instructions did not deprive the defendant of a fair trial.
• United States v. Rivera
  900 F.2d 1462· 10th Cir.· 1990-04-04 ·cited 69×
  The court held that while there were trial errors, the cumulative effect did not warrant reversal due to a lack of demonstrated prejudice. Resentencing is necessary.
• United States v. Disla
  805 F.2d 1340· 9th Cir.· 1986-12-08 ·cited 69×
  The court held that the admission of Disla's post-arrest statement was harmless error and affirmed his convictions for conspiracy, possession, and wire fraud, but reversed his conviction for aiding and abetting possession.
• United States v. Shapiro
  669 F.2d 593· 9th Cir.· 1982-03-01 ·cited 69×
  A new trial is warranted when facts reveal a substantial likelihood of prejudice due to jury taint, even if a tainted juror is excused before deliberations.
• United States v. Santiago
  906 F.2d 867· 2d Cir.· 1990-06-22 ·cited 68×
  The court held that prior uncharged narcotics transactions can be considered for sentencing if part of the same course of conduct, but a defendant cannot be denied acceptance of responsibility for refusing to admit to such uncharged conduct.
• United States v. Rubiel Marin-Cifuentes
  866 F.2d 988· 8th Cir.· 1989-01-19 ·cited 68×
  The court affirmed the convictions and sentences, finding no error in the admission of evidence, sufficiency of evidence, denial of severance, or sentencing.
• United States v. Athanasios Theodoropoulos
  866 F.2d 587· 3d Cir.· 1989-01-17 ·cited 68×
  The court held that expert testimony on coded conversations and defendants' roles was admissible, and that sufficient evidence supported the drug and firearm convictions.
• United States v. GAY
  774 F.2d 368· 10th Cir.· 1985-09-26 ·cited 68×
  The court held that the evidence was sufficient to support the conviction, the chain of custody was adequate, and the searches and seizures were lawful, including statements made before Miranda warnings.
• United States v. Perry
  747 F.2d 1165· 7th Cir.· 1984-11-05 ·cited 68×
  The court held that there was sufficient evidence to support the defendant's convictions for conspiracy to distribute cocaine and possession with intent to distribute cocaine.
• United States v. Valencia
  645 F.2d 1158· 2d Cir.· 1980-09-18 ·cited 68×
  The court held that the entrapment defense is not available when the inducement comes from a private citizen, even if that citizen informed the defendant about government inducement.
• United States v. Petty
  798 F.2d 1157· 8th Cir.· 1986-08-15 ·cited 67×
  The court held that a prior conviction under New York law, even if arising from a single indictment and resulting in concurrent sentences, can count as multiple convictions for sentence enhancement purposes if it involved multiple victims. The court also held that initiating the
• United States v. Campa
  679 F.2d 1006· 1st Cir.· 1982-05-27 ·cited 67×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the evidence was sufficient to support the conviction for aiding and abetting, that the display of unoffered tapes was not prejudicial, that prosecutorial comments were not improper, that a principal need not be identified or convicted, and that the defendant
• United States v. Patrice Mespoulede
  597 F.2d 329· 2d Cir.· 1979-04-10 ·cited 67×
  The court held that the doctrine of collateral estoppel, as an element of the double jeopardy clause, precludes the government from relitigating an issue necessarily decided in the defendant's favor by a prior jury's acquittal, even if that issue is not essential to a conviction
• United States v. Fuentes
  563 F.2d 527· 2d Cir.· 1977-09-14 ·cited 67×
  The court affirmed convictions, holding that tape recordings were admissible, the informant's absence did not violate confrontation rights, and the trial court did not err in refusing a second competency examination.
• United States v. Hernandez
  876 F.2d 774· 9th Cir.· 1989-05-31 ·cited 66×
  The court held that the evidence was sufficient to support the convictions for conspiracy to possess and possession with intent to distribute cocaine, and that the exclusion of certain evidence was not an abuse of discretion.
• United States v. Hernandez
  779 F.2d 456· 8th Cir.· 1985-12-12 ·cited 66×
  The court held that the prosecutor's improper remarks during opening statement, while improper, were not so prejudicial as to deprive the defendant of a fair trial, and thus the denial of a mistrial was not an abuse of discretion.
• United States v. McCRADY
  774 F.2d 868· 8th Cir.· 1985-10-01 ·cited 66×
  The court held that the warrantless search of the car's glove compartment was a valid search incident to arrest under the Belton rule, and the subsequent apartment search was not tainted. The court also found the admission of the assistant U.S. attorney's testimony to be an abuse
• United States v. Washington
  586 F.2d 1147· 7th Cir.· 1978-11-15 ·cited 66×
  The court held that the circumstantial evidence was sufficient to support convictions for conspiracy and possession with intent to distribute cocaine, and that border search and electronic beacon installation were lawful.
• United States v. Ocampo
  890 F.2d 1363· 7th Cir.· 1989-11-15 ·cited 65×
  The court held that the police actions constituted a valid investigatory stop based on reasonable suspicion, not an arrest, and that the evidence seized was admissible. The court also affirmed the sufficiency of the evidence for the firearm charge and the enhanced sentence for th
• United States v. Monzon
  869 F.2d 338· 7th Cir.· 1989-02-17 ·cited 65×
  The court affirmed the conviction and sentence, finding no reversible error in the evidentiary rulings, jury instructions, or sentencing.
• United States v. Reivich
  793 F.2d 957· 8th Cir.· 1986-06-25 ·cited 65×
  The court held that the affidavit, even with omitted information about informant inducements, still provided sufficient probable cause for the search warrant.
• United States v. Wardlaw
  576 F.2d 932· 1st Cir.· 1978-05-16 ·cited 65×
  The court held that the searches were justified under the reasonable suspicion standard applicable to border searches, but vacated the sentences because the sentencing judge impermissibly focused on a theory of deterrence to the exclusion of individual mitigating factors.
• United States v. Ramirez
  482 F.2d 807· 2d Cir.· 1973-07-25 ·cited 65×
  The court affirmed convictions for drug offenses on Counts One and Two, but reversed Wilson Ramirez's conviction on Count Three for carrying a firearm unlawfully, finding insufficient evidence and improper jury instructions.
• United States v. Merbi Suarez
  911 F.2d 1016· 5th Cir.· 1990-08-30 ·cited 64×
  The court held that the district court erred by applying a revised sentencing guideline that removed the scienter requirement for firearm possession enhancements without making a finding of scienter, violating the ex post facto clause.
• United States v. Corrine Marie Denardi
  892 F.2d 269· 3d Cir.· 1989-12-19 ·cited 64×
  The court held that a defendant cannot appeal a district court's discretionary refusal to depart downward from sentencing guidelines, as such appeals are not authorized by statute.
• United States v. Garcia-Rosa
  876 F.2d 209· 1st Cir.· 1989-05-23 ·cited 64×
  The court held that there was sufficient evidence to support the convictions and affirmed the denial of the motion to suppress. However, it found that the district court abused its discretion in admitting certain extrinsic act evidence.
• United States v. Sailes
  872 F.2d 735· 6th Cir.· 1989-04-13 ·cited 64×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the district court did not err in calculating the defendant's base offense level by including the entire quantity of cocaine involved in the overall scheme, nor in refusing to depart from the sentencing guidelines.
• United States v. Alion Andersson
  813 F.2d 1450· 9th Cir.· 1987-04-03 ·cited 64×
  The court held that the warrantless search of the hotel room and suitcase was justified by exigent circumstances and as a search incident to arrest, respectively. Admission of the coconspirator's statement and expert testimony was proper, and the Government complied with Brady an
• United States v. RAY
  731 F.2d 1361· 9th Cir.· 1984-04-24 ·cited 64×
• United States v. Perez-Esparza
  609 F.2d 1284· 9th Cir.· 1979-10-23 ·cited 64×
  A prolonged detention for custodial interrogation, even if voluntary consent to search is obtained during that detention, requires probable cause; otherwise, evidence obtained is fruit of the poisonous tree and must be suppressed.
• United States v. Milham
  590 F.2d 717· 8th Cir.· 1979-01-08 ·cited 64×
  The court held that the warrantless search of the van was permissible under a forfeiture statute, the admission of a pistol into evidence was not an abuse of discretion, and the denial of severance motions was proper. The court also affirmed the admissibility of coconspirator sta
• United States v. Ballard
  586 F.2d 1060· 5th Cir.· 1978-12-22 ·cited 64×
  The court held that the trial court did not err in admitting the appellant's confession, nor was the appellant subjected to double jeopardy or collateral estoppel.
• United States v. Herrero
  893 F.2d 1512· 7th Cir.· 1990-01-16 ·cited 63×
  The court held that the district court did not err in refusing to compel the production of agents' notes under the Jencks Act, as the evidence did not demonstrate the witness adopted or approved the notes as her own statements.
• United States v. Hoyt
  879 F.2d 505· 9th Cir.· 1989-03-17 ·cited 63×
  The court held that the trial court did not err in refusing an entrapment instruction, in giving an undercover agent instruction, and that the mandatory sentencing provisions of 21 U.S.C. § 841(b)(1)(A) are constitutional and do not constitute cruel and unusual punishment.
• United States v. Napue
  834 F.2d 1311· 7th Cir.· 1987-11-19 ·cited 63×
  The court held that while ex parte communications are disfavored, the district court did not abuse its discretion in allowing them under specific circumstances, but the defendant failed to demonstrate prejudice from the proceedings.
• United States v. Arbelaez
  719 F.2d 1453· 9th Cir.· 1983-11-10 ·cited 63×
  The court held that the evidence was sufficient to prove a single conspiracy and that the admission of coconspirator statements and the denial of severance motions were proper.
• United States v. Mather
  465 F.2d 1035· 5th Cir.· 1972-08-02 ·cited 63×
• United States v. Buggs
  904 F.2d 1070· 7th Cir.· 1990-05-18 ·cited 62×
  The court affirmed the defendant's convictions and sentence, holding that the evidence was sufficient to prove firearm possession and interstate commerce, and that negotiated drug quantities were properly included in sentencing calculations.
• United States v. Mejia-Lozano
  829 F.2d 268· 1st Cir.· 1987-09-23 ·cited 62×
  The court held that the defendant's conviction for importing and possessing cocaine with intent to distribute was supported by sufficient evidence and that no reversible error occurred during the trial.
• United States v. Borys
  766 F.2d 304· 7th Cir.· 1985-06-27 ·cited 62×
  The court held that the defendant's Fourth Amendment rights were not violated because the initial encounter was consensual, the subsequent investigative detention was supported by reasonable suspicion, and the detention of his luggage was within constitutional limits.