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. Robinson
  783 F.2d 64· 7th Cir.· 1986-01-29 ·cited 4×
  The court held that a defendant's unsworn statement to the jury, made with counsel's consent, does not constitute a waiver of counsel, and that the trial court did not err in balancing the right to impeach co-conspirators against the risk of prejudice to defendants.
• United States v. Cebian
  774 F.2d 446· 11th Cir.· 1985-10-18 ·cited 4×
  The court held that the trial judge did not err in refusing to give a separate 'diminished capacity' jury instruction because the defense theory was substantially covered by the existing instructions on specific intent.
• United States v. Wilfren Carrascal-Olivera
  755 F.2d 1432· 11th Cir.· 1985-03-22 ·cited 4×
  The court held that the trial court did not err in admitting co-conspirator statements and that sufficient evidence supported the defendant's convictions for conspiracy and possession with intent to distribute cocaine.
• United States v. Torres
  740 F.2d 122· 2d Cir.· 1984-07-17 ·cited 4×
  The court held that the evidence was sufficient to convict the defendants and that their arrests and subsequent seizures were lawful, as probable cause existed.
• United States v. de Hernandez
  731 F.2d 1369· 9th Cir.· 1984-04-24 ·cited 4×
  The dissenting judge would affirm the government's position, finding the detention reasonably related to the initial search and thus not an unreasonable intrusion.
• United States v. Holmes
  722 F.2d 37· 4th Cir.· 1983-11-14 ·cited 4×
  The court held that the defendants were denied their rights under the Jencks Act due to the district court's abuse of discretion in denying a reasonable recess for reviewing voluminous Jencks Act materials, necessitating a new trial.
• United States v. Gravier
  706 F.2d 174· 6th Cir.· 1983-05-09 ·cited 4×
  The court held that the cocaine found in the hotel room was admissible under the plain view exception and that the taped conversations were admissible as evidence of a single conspiracy.
• United States v. Rocco V. Filipponio
  702 F.2d 664· 7th Cir.· 1983-03-23 ·cited 4×
  Consecutive sentences were permissible for simultaneous possession of cocaine and a firearm, and for possession of two different firearms on separate occasions. The evidence was sufficient to establish constructive possession.
• United States v. Boyd
  696 F.2d 63· 8th Cir.· 1982-12-27 ·cited 4×
  The court held that keys seized during a warrantless arrest were admissible because the police had probable cause to arrest the defendant, and even if suppressed, there was ample other evidence to convict.
• United States v. Floreal Delagarza
  650 F.2d 1166· 10th Cir.· 1981-03-02 ·cited 4×
  The court held that the dismissal of one count of an indictment by the government before trial does not constitute an amendment, and a conviction for possessing a Schedule II controlled substance is valid even if the substance is not medically classified as a narcotic.
• United States v. Hozian
  622 F.2d 439· 9th Cir.· 1980-06-30 ·cited 4×
  The court held that the prosecutor's comment was not a manifest violation of the defendant's Fifth Amendment rights, any error regarding the destroyed booking sheet was harmless, and the admission of a codefendant's testimony was proper.
• Berg v. State
  384 So. 2d 292· Fla. 4th DCA· 1980-06-11 ·cited 4×·via Possession Of Cocaine With Intent To Sell
  The court held that the continued search of the appellant's baggage after withdrawal of consent and negative field tests violated the Fourth Amendment.
• United States v. Carreno
  599 F.2d 680· 5th Cir.· 1979-07-27 ·cited 4×
  The court held that the warrantless search and seizure was lawful under the plain view doctrine and that the admission of coconspirator hearsay was proper under the Oliva standard.
• United States v. Clement
  504 F.2d 921· 5th Cir.· 1974-12-09 ·cited 4×
  The court held that the trial judge's erroneous and prejudicial limitation of the term 'rip-off' to narcotics transactions deprived the defendants of a fair trial.
• United States v. Suarez
  505 F.2d 166· 2d Cir.· 1974-10-16 ·cited 4×
  The Double Jeopardy Clause prohibits the government from appealing a judgment of acquittal entered by a judge based on insufficient evidence presented at trial.
• United States v. de Lazo
  497 F.2d 1168· 3d Cir.· 1974-05-30 ·cited 4×
  The court held that there was sufficient evidence to support the jury's conviction of the defendants for conspiracy to import and distribute cocaine and possession with intent to distribute, and that the trial court's jury instructions did not constitute plain error.
• United States v. Rivera
  496 F.2d 952· 2d Cir.· 1974-05-17 ·cited 4×
  The court held that the prosecutor's improper question about the defendant's prior criminal record, though unanswered and sustained by the court, did not prejudice the defendant or deprive him of a fair trial.
• United States v. Gonzalez
  483 F.2d 223· 2d Cir.· 1973-08-09 ·cited 4×
  The court held that the warrantless search of the suitcase at the port of entry was legal, and the subsequent arrest in the hotel room was justified by exigent circumstances. The court also found no reversible error in the trial court's handling of a potentially biased juror.
• United States v. Montenegro
  1 F.4th 940· 11th Cir.· 2021-06-11 ·cited 3×
  The Eleventh Circuit affirmed the district court's application of a firearms enhancement, finding sufficient nexus between the rifle and the drug offenses.
• Angelia Evette Harris v. State
  72 So. 3d 804· Fla. 4th DCA· 2011-11-02 ·cited 3×·via Possession Of Cocaine With Intent To Sell
  The defendant was convicted of possession of cocaine with intent to sell within 1,000 feet of a park based on police discovery of approximately 40-50 crack cocaine rocks (5 grams total) and the officer's expert opinion. The court reversed, holding that the circumstantial evidence
• Blake v. State
  21 So. 3d 129· Fla. 3d DCA· 2009-11-04 ·cited 3×·via Possession Of Cocaine With Intent To Sell
  The court held that the trial court did not abuse its discretion in revoking probation based on the evidence presented, but that the grand theft charge could not independently sustain the revocation.
• Moore v. State
  747 So. 2d 1043· Fla. 4th DCA· 2000-01-05 ·cited 3×·via Possession Of Cocaine With Intent To Sell
• United States v. Gordils
  982 F.2d 64· 2d Cir.· 1992-12-22 ·cited 3×
  The court held that the district court did not err in denying the motion to suppress evidence seized during a warrantless search due to exigent circumstances, that the evidence was sufficient to support Bastar's convictions, and that the denial of the motion for a new trial was p
• United States v. Martinez
  979 F.2d 1424· 10th Cir.· 1992-11-17 ·cited 3×
  The court held that the district court did not err in denying the defendants' motions to disclose the confidential informant, denying severance, denying a mistrial, refusing a vicarious entrapment instruction, and admitting evidence of cocaine found in a defendant's wallet.
• United States v. IVY
  973 F.2d 1184· 5th Cir.· 1992-09-17 ·cited 3×
  The court affirmed the convictions, holding that the denial of the motion to suppress was proper, the evidence was sufficient to support the convictions, and the forfeiture of cash was permissible.
• United States v. Coleman England, Jr.
  971 F.2d 419· 9th Cir.· 1992-08-03 ·cited 3×
  The court held that the detention of mail packages for a dog-sniff test, without delaying their delivery, does not constitute an unreasonable seizure under the Fourth Amendment.
• United States v. Stuckey
  917 F.2d 1537· 11th Cir.· 1990-10-19 ·cited 3×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the trial judge did not abuse his discretion in disqualifying counsel due to a conflict of interest, nor did he err in refusing to allow the defendant to waive that conflict.
• United States v. Frink
  912 F.2d 1413· 11th Cir.· 1990-09-26 ·cited 3×
  The court held that sufficient evidence demonstrated the appellants' willful participation in the drug conspiracy, supporting their convictions.
• United States v. Brito
  907 F.2d 392· 2d Cir.· 1990-06-29 ·cited 3×
  The court held that while prosecutorial conduct before the grand jury was criticized, it did not rise to the level of reversible error or prejudice, and other claims lacked merit, thus affirming the convictions.
• United States v. Wilson
  853 F.2d 869· 11th Cir.· 1988-08-30 ·cited 3×
  The court held that the arrest of the appellant for driving with a suspended license was not a violation of the Fourth Amendment, even if the officer had a suspicion of narcotics offenses, because a reasonable officer would have made the arrest under the circumstances.
• United States v. Attardi
  796 F.2d 257· 9th Cir.· 1986-07-31 ·cited 3×
  The court held that the airport detention and search were lawful under the Fourth Amendment, and the admission of evidence, including Attardi's notes, was proper or harmless error.
• United States v. Ford
  765 F.2d 1088· 11th Cir.· 1985-07-16 ·cited 3×
  The court held that the brother's search of the defendant's room was not a state action, and there was sufficient independent evidence to prove conspiracy.
• United States v. Telmo Coronel
  750 F.2d 1482· 11th Cir.· 1985-01-21 ·cited 3×
  The court held that the search warrant was valid despite a misrepresentation about an informant's status, and that the late disclosure of passports did not prejudice the defendants.
• United States v. Maisonet
  121 F.4th 194· 11th Cir.· 2024-11-05 ·cited 2×
  A defendant's eligibility for the safety valve provision is not automatically forfeited due to continuing criminal activity or providing information only after being confronted, as long as all information is truthfully provided by the sentencing hearing.
• United States v. Morley
  99 F.4th 1328· 11th Cir.· 2024-04-30 ·cited 2×
  The Eleventh Circuit affirmed the defendant's convictions and sentence, finding no error in the denial of the motion to suppress, the sufficiency of the evidence, the jury instruction, or the denial of a safety valve reduction.
• Latonio Ross v. State
  319 So. 3d 807· Fla. 2d DCA· 2021-06-18 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  The appellate court reversed the denial of a motion to suppress evidence found during an inventory search of a vehicle. The court held that the impoundment of the vehicle was unlawful because the state failed to present evidence of standardized criteria governing such impoundment
• State v. Schuler
  268 So. 3d 242· Fla. 5th DCA· 2019-04-12 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  A downward departure sentence under section 921.0026(2)(d) is not supported by competent substantial evidence when the defendant presents only medical records showing minor swelling, over-the-counter treatment, and personal testimony of pain without medical diagnosis, evidence of
• State v. Major Lundy
  233 So. 3d 1252· Fla. 3d DCA· 2017-12-13 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  The State's appeal from a judgment of acquittal entered after a mistrial, but before a jury verdict, is dismissed for lack of jurisdiction because the State's right to appeal is limited to post-verdict judgments of acquittal.
• Young v. State
  75 So. 3d 351· Fla. 1st DCA· 2011-11-16 ·cited 2×·via Possession Of Cocaine With Intent To Sell
• Tavares Antwan Williams v. State
  976 So. 2d 1210· Fla. 4th DCA· 2008-03-26 ·cited 2×
  Tavares Williams was convicted by jury of selling cocaine and marijuana within 1000 feet of a school and public housing facility. The appellate court reversed his conviction, holding that the State failed to present sufficient evidence to establish a prima facie case of guilt bec
• Kurtis Barnes v. State
  969 So. 2d 1159· Fla. 4th DCA· 2007-11-21 ·cited 2×·via Possession Of Cocaine With Intent To Sell
• Wagner v. State
  950 So. 2d 511· Fla. 2d DCA· 2007-03-09 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  The court held that the State failed to prove beyond a reasonable doubt that the defendant had knowledge of the contraband's presence and the ability to exercise dominion and control over it.
• Dennis v. State
  927 So. 2d 173· Fla. 2d DCA· 2006-04-28 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Ricardo Dennis was stopped by warrant officers who believed he resembled a suspect named Jeremiah Williams based on race, gender, hairstyle, and forehead shape. The Florida Second District Court of Appeal reversed Dennis's drug convictions, holding that the officers lacked reason
• United States v. Williams
  372 F. Supp. 2d 1335· M.D. Fla.· 2005-05-05 ·cited 2×·via Possession With Intent To Distribute Crack Cocaine
  The court held that the government's policy of treating sentencing guidelines as mandatory post-Booker contradicts Supreme Court precedent and infringes upon the judiciary's independent sentencing function.
• Watson v. State
  877 So. 2d 914· Fla. 4th DCA· 2004-07-21 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Jake Watson was convicted of possession with intent to sell cocaine found in his grandmother's apartment bedroom. The Fourth District Court of Appeal reversed the conviction, holding that the state failed to prove Watson possessed the cocaine or had control over the bedroom where
• Mathis v. State
  859 So. 2d 1265· Fla. 4th DCA· 2003-11-26 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Keith Mathis was convicted of cocaine possession with intent to sell and resisting arrest without violence. The Fourth District Court of Appeal reversed the resisting arrest conviction because the information charged resistance to Officer Jackson, but evidence showed Mathis fled
• Pride v. State
  809 So. 2d 40· Fla. 1st DCA· 2002-02-06 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  The court held that the trial court erred in admitting hearsay evidence to explain the police investigation, as the circumstances leading to the investigation were not relevant and the evidence was likely misused.
• Garcia v. State
  721 So. 2d 1248· Fla. 3d DCA· 1998-12-23 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Florida appellate court affirmed conviction for possession with intent to sell crack cocaine, holding that cocaine evidence was properly admitted despite weight discrepancies because the chain of custody was unbroken and the differences were adequately explained.
• United States v. Broadwater
  151 F.3d 1359· 11th Cir.· 1998-08-28 ·cited 2×·via Possession With Intent To Distribute Crack Cocaine
  Ronald Broadwater was convicted of possession with intent to distribute crack cocaine and challenged his retrial on speedy trial grounds under 18 U.S.C. § 3161. The Eleventh Circuit affirmed, holding that the district court properly excluded time periods related to pretrial motio
• Strong v. State
  714 So. 2d 598· Fla. 5th DCA· 1998-07-10 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Billie Strong appeals his conviction for possession of cocaine with intent to sell, arguing insufficient evidence of intent to distribute. The Fifth District Court of Appeal affirmed the conviction but reversed the trial court's imposition of public defender liens without proper