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
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999 F.2d 966·
6th Cir.·
1993-07-07
·cited 4×
The court held that the stop and search of the defendant's vehicle were lawful, and his sentence as a career offender was proper under the Sentencing Guidelines. The court affirmed the denial of the motion to suppress and the sentence imposed.
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995 F.2d 776·
7th Cir.·
1993-06-10
·cited 4×
The court held that the search of the arrestee's wallet and photocopying its contents was a valid search incident to arrest, and the sentence enhancement for obstruction of justice was proper.
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993 F.2d 1146·
5th Cir.·
1993-06-09
·cited 4×
The court affirmed the convictions of Marrero and Barnes, but remanded Elwood's case for further findings regarding the admission of prior bad acts evidence.
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994 F.2d 533·
8th Cir.·
1993-06-04
·cited 4×
The court held that the denial of a mistrial was not an abuse of discretion and that sufficient evidence supported the convictions. The court also held that Rosalio's prior Kansas felony drug conviction qualified for the enhanced mandatory minimum sentence.
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993 F.2d 620·
7th Cir.·
1993-05-19
·cited 4×
The court held that the defendant waived his sentencing arguments by failing to raise them before the district court and that no plain error occurred. The court affirmed the sentence.
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994 F.2d 346·
7th Cir.·
1993-05-13
·cited 4×
The court affirmed the conviction, finding sufficient evidence of a conspiracy to distribute cocaine based on the defendant's ongoing relationship and actions with a co-conspirator.
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988 F.2d 537·
5th Cir.·
1993-04-05
·cited 4×
The court held that the district court erred in refusing to allow the defendant to conduct an independent chemical analysis of the substance alleged to be cocaine base, and that the evidence was sufficient to support the conviction for possession of cocaine.
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989 F.2d 261·
7th Cir.·
1993-03-25
·cited 4×
The court affirmed the district court's decisions, holding that a DUI conviction discharged under Illinois supervision counts towards federal criminal history and that a downward departure sentence is not reviewable on appeal when it falls within the guidelines.
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988 F.2d 285·
1st Cir.·
1993-03-18
·cited 4×
The court held that while admitting an agent's opinion that prior seized cash was drug proceeds was error, it was not prejudicial error, and thus the conviction is affirmed.
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985 F.2d 749·
5th Cir.·
1993-02-24
·cited 4×
The court held that the evidence was sufficient to support convictions for drug offenses but reversed convictions for firearm offenses due to a defective jury instruction and insufficient evidence for two defendants.
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981 F.2d 1464·
5th Cir.·
1993-01-20
·cited 4×
The court held that the co-defendant's voluntary consent to search the vehicle cured any potential Fourth Amendment violation arising from the traffic stop and subsequent detention, and that evidence of flight and prior convictions were properly admitted.
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984 F.2d 155·
6th Cir.·
1993-01-15
·cited 4×
The court held that the search of the defendant's pocket for cocaine was permissible under Terry v. Ohio, but the search of his vehicle for a gun was not incident to a lawful arrest.
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983 F.2d 71·
6th Cir.·
1993-01-14
·cited 4×
The court held that the evidence was insufficient to prove beyond a reasonable doubt that the defendant knew of the cocaine's existence or aided and abetted its possession with intent to distribute.
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The court held that there was sufficient evidence to support convictions for aiding and abetting possession with intent to distribute cocaine, and that the jury instructions on importation did not constitute plain error.
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983 F.2d 968·
10th Cir.·
1992-12-29
·cited 4×
The court held that the defendants lacked standing to challenge the vehicle search and that their detention was reasonable under the Fourth Amendment, thus affirming their convictions.
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982 F.2d 620·
1st Cir.·
1992-12-15
·cited 4×
The court held that the trial court did not err in denying the motion to suppress evidence, excluding prior bad acts evidence, admitting telephone records, or denying a missing witness instruction, affirming the conviction.
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978 F.2d 896·
5th Cir.·
1992-11-23
·cited 4×
The court affirmed the conviction and sentence, holding that the trial court did not err in its Jencks Act determinations, its admission of coconspirator statements, its jury instructions, or its sentencing procedures, and that any errors were harmless.
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978 F.2d 546·
9th Cir.·
1992-11-02
·cited 4×
The court held that the evidence was legally insufficient to support the defendants' convictions for conspiracy to possess with intent to distribute cocaine.
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977 F.2d 1061·
7th Cir.·
1992-10-02
·cited 4×
The court affirmed Centracchio's sentence and Guth's sentence on the conspiracy count, but remanded Guth's sentence on the possession count for a determination of whether his conduct extended beyond the effective date of the Sentencing Guidelines.
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975 F.2d 1050·
4th Cir.·
1992-09-17
·cited 4×
The court held that the district court was not required to conduct a Rule 44(c) hearing at sentencing when the alleged conflict arose at trial and was not known or reasonably knowable by the court at that time.
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A district court may not depart downward based on disparities in sentences among co-defendants absent proof of actual prosecutorial misconduct.
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972 F.2d 590·
5th Cir.·
1992-09-04
·cited 4×
The court held that a defendant is entitled to a lesser-included offense instruction if there is any evidence, however weak, that rationally supports acquittal on the greater offense and conviction on the lesser.
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965 F.2d 800·
9th Cir.·
1992-06-05
·cited 4×
The court held that the traffic stop was valid, the defendant's consent to search was voluntary, and the search did not exceed the scope of the consent.
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964 F.2d 571·
6th Cir.·
1992-05-20
·cited 4×
The court held that the government's remedies for a defendant's breach of an informal immunity agreement are limited to those specified in the agreement itself, and cannot include prosecuting the defendant for the underlying immunized offenses if the agreement only permits prosec
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961 F.2d 1390·
8th Cir.·
1992-04-21
·cited 4×
The court held that a prior conviction punishable by more than one year imprisonment is a felony for career offender status, regardless of state law classification or juvenile sentencing, if committed after age 18.
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The court held that the district court did not abuse its discretion in denying the motion to substitute counsel and that sufficient evidence supported the conviction under the Travel Act.
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960 F.2d 59·
8th Cir.·
1992-03-23
·cited 4×
The court held that the evidence was sufficient to support Martin's convictions and that Vaughn's claims of severance, unlawful search, and improper admission of a photograph did not warrant reversal.
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954 F.2d 1035·
5th Cir.·
1992-02-19
·cited 4×
The court affirmed Ramirez's conviction, reversed Sanchez's money laundering conviction, and remanded for resentencing.
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956 F.2d 643·
7th Cir.·
1992-02-07
·cited 4×
The court held that the district court erred in enhancing the defendant's sentence for weapon possession because the weapon was not possessed during the offense of conviction, but affirmed the other sentencing decisions.
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954 F.2d 1224·
6th Cir.·
1992-01-28
·cited 4×
The court affirmed Billy Hoyt's conviction but remanded Jimmie Elvis's sentence for further factual findings regarding the quantity of cocaine attributable to him.
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955 F.2d 7·
2d Cir.·
1992-01-23
·cited 4×
The court held that the district court erred by failing to follow the prior mandate of this court, which had determined that the defendant could not be held accountable for the full quantity of drugs distributed by the conspiracy due to insufficient evidence.
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954 F.2d 546·
9th Cir.·
1992-01-21
·cited 4×
The court held that the warrantless entry into the appellants' residence lacked probable cause, and thus the evidence seized should have been suppressed. The search warrant was also found to be unsupported by probable cause.
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953 F.2d 263·
6th Cir.·
1992-01-10
·cited 4×
The court held that the defendant's post-arrest statement, elicited by police conduct that was the functional equivalent of interrogation after he invoked his right to counsel, was obtained in violation of his Miranda rights.
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953 F.2d 351·
8th Cir.·
1992-01-03
·cited 4×
The court held that the evidence was sufficient to support the defendant's conviction for possession with intent to distribute cocaine and that the sentencing enhancements were properly applied.
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951 F.2d 1291·
D.C. Cir.·
1991-12-27
·cited 4×
The court held that the passenger's furtive movements provided reasonable suspicion for a Terry frisk, and that the driver waived his challenge to the warrantless car search by failing to properly raise it before the trial court.
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946 F.2d 1191·
6th Cir.·
1991-10-10
·cited 4×
The court held that the district court's refusal to give an addict-informant instruction, when the informant's testimony was uncorroborated on crucial points, constituted plain error depriving the defendant of a fair trial.
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944 F.2d 780·
10th Cir.·
1991-09-11
·cited 4×
The court held that while the evidence was sufficient to support the conviction, the district court erred by failing to make required findings on controverted facts in the presentence report before sentencing.
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942 F.2d 890·
5th Cir.·
1991-09-11
·cited 4×
The court held that the arrest of the defendant was lawful because officers had reasonable suspicion of drug-related activity and probable cause to arrest after cocaine was discovered in plain view, thus the district court did not err in denying the suppression motion.
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944 F.2d 497·
9th Cir.·
1991-09-10
·cited 4×
The court held that a warrantless search of a container within a car is permissible under the automobile exception, and that a prosecutor's improper vouching for a witness did not prejudice the defendant due to curative instructions.
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942 F.2d 1324·
8th Cir.·
1991-08-29
·cited 4×
The court held that the evidence presented was insufficient to support the jury's verdict of possession with intent to distribute cocaine.
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941 F.2d 36·
1st Cir.·
1991-08-06
·cited 4×
The court held that the defendant waived his right to counsel of choice by failing to raise the issue in the district court and that the denial of a bill of particulars was not an abuse of discretion.
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943 F.2d 348·
4th Cir.·
1991-07-31
·cited 4×
The court held that the officers had reasonable suspicion for an investigative stop, the subsequent seizure of evidence was lawful, the jury selection was proper, the admission of parole officer testimony was not an abuse of discretion, and the sentencing determinations under the
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938 F.2d 764·
7th Cir.·
1991-07-29
·cited 4×
The court held that the district court properly applied the Sentencing Guidelines, including enhancements for special skill and criminal history, and that the sentence did not violate the ex post facto clause.
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937 F.2d 68·
2d Cir.·
1991-06-25
·cited 4×
A prior New Jersey conviction classified as a 'high misdemeanor' is considered a 'felony' for the purpose of federal sentence enhancement under 21 U.S.C. § 841(b)(1)(B) if it is punishable by more than one year imprisonment.
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The court held that confusing jury instructions regarding two counts of possession of cocaine, one a lesser included offense of the other, constituted reversible error.
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935 F.2d 1130·
10th Cir.·
1991-06-10
·cited 4×
The court held that the defendant lacked a legitimate expectation of privacy in the trailer, and therefore lacked standing to challenge the search and seizure of its contents.
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933 F.2d 671·
8th Cir.·
1991-05-22
·cited 4×
The court held that the encounter between the officers and the defendant was consensual and did not violate the Fourth Amendment, and that the defendant's consent to the search was voluntary.
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926 F.2d 734·
8th Cir.·
1991-02-22
·cited 4×
The court held that the evidence was sufficient to convict the defendant for possession with intent to distribute, and that the sentence was correctly based on the original amount of cocaine intercepted.
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923 F.2d 123·
8th Cir.·
1991-01-17
·cited 4×
The court held that the district court did not err in determining that relevant information was not intentionally withheld for search warrants and that sufficient evidence supported the convictions for possession with intent to distribute.
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921 F.2d 194·
8th Cir.·
1990-12-21
·cited 4×
The court held that the indictment was multiplicitous as to the possession counts because the defendant's contemporaneous possession of cocaine in his pocket and in the hotel room constituted a single offense. The court also held the search warrant affidavit was sufficient.