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

• Nelson v. State
  707 So. 2d 405· Fla. 5th DCA· 1998-03-13 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Marlon Nelson was convicted of possession of cocaine with intent to sell or deliver. The appellate court vacated the conviction and remanded for entry of a conviction for the lesser included offense of simple possession, finding insufficient evidence that Nelson possessed the coc
• Barber v. State
  699 So. 2d 325· Fla. 3d DCA· 1997-09-24 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  The court held that the habitual felony offender statute does not permit enhanced sentencing for possession of cocaine with intent to sell, as it is a violation related to controlled substances.
• Murphy v. State
  684 So. 2d 267· Fla. 4th DCA· 1996-12-04 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  The court held that the failure to provide a complete jury instruction on the lesser-included offense of simple possession, when requested, warrants reversal and a new trial.
• United States v. Johnson
  999 F.2d 1192· 7th Cir.· 1993-07-29 ·cited 2×
  The court held that the weight of waste water containing a trace amount of cocaine base should not be included in the sentencing calculation, but remanded for further findings on the role in the offense enhancement.
• United States v. Parker
  997 F.2d 219· 6th Cir.· 1993-07-06 ·cited 2×
  The court held that the trial court did not err by not giving a voluntariness instruction for a confession when the defendant did not request it or object to its introduction.
• United States v. Copelin
  996 F.2d 379· D.C. Cir.· 1993-06-25 ·cited 2×
  The court held that while admitting evidence of the defendant's positive drug tests for impeachment was proper, the failure to provide an immediate limiting instruction to the jury constituted plain error.
• United States v. Bailey
  995 F.2d 1113· D.C. Cir.· 1993-06-18 ·cited 2×
  The court held that the defendant's conviction under 18 U.S.C. § 924(c) was not reversible based on prior circuit precedent, despite the dissenting judge's view that the precedent was misapplied.
• United States v. Innamorati
  996 F.2d 456· 1st Cir.· 1993-06-17 ·cited 2×
  The court affirmed most convictions but reversed one possession conviction due to insufficient evidence, remanding for resentencing. The court also addressed the admissibility of grand jury testimony.
• United States v. Walker
  993 F.2d 196· 9th Cir.· 1993-05-19 ·cited 2×
  The court held that the sentence enhancement for drug offenses near a protected location applies to any drug offense committed within 1,000 feet of a school, and that a notebook found with drugs and drug paraphernalia was admissible with a limiting instruction.
• United States v. Hernandez
  995 F.2d 307· 1st Cir.· 1993-05-12 ·cited 2×
  The court affirmed convictions, holding that jury instructions were adequate, evidence supported convictions for conspiracy, possession, and firearm offenses, and entrapment defense was not warranted.
• Moore v. State
  615 So. 2d 874· Fla. 1st DCA· 1993-03-25 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Florida appellate court reversed cocaine sale and possession convictions because the trial court failed to conduct a sufficiently thorough Faretta inquiry before allowing the defendant to represent himself at trial.
• United States v. Ferguson
  989 F.2d 202· 6th Cir.· 1993-03-19 ·cited 2×
  The court held that the denial of the defendant's motion to suppress evidence was clearly erroneous because the traffic stop was pretextual and not based on a reasonable officer's objective interest in enforcing the traffic violation.
• United States v. Wangler
  987 F.2d 228· 5th Cir.· 1993-03-18 ·cited 2×
  The court held that the stop and frisk of the defendant were based on reasonable suspicion and that supervised release was a permissible sentence under the relevant statutes.
• Schmidt v. United States
  987 F.2d 536· 8th Cir.· 1993-03-04 ·cited 2×
  The court held that the jury instructions adequately conveyed the substance of the buyer-seller relationship issue, and therefore, there was no reasonable probability of a different trial outcome had the requested instruction been given.
• United States v. Foster
  986 F.2d 541· D.C. Cir.· 1993-03-02 ·cited 2×
  A law enforcement officer testifying as an eyewitness may not refuse to answer questions about the location from which observations were made if that information is relevant and helpful to the defense, and the district court erred in sustaining relevancy objections to defense que
• United States v. Roberts
  986 F.2d 1026· 6th Cir.· 1993-02-26 ·cited 2×
  A random stop of an automobile without reasonable suspicion, objectively gauged and based on articulable facts, violates the Fourth Amendment, and evidence arising from such a stop must be suppressed.
• United States v. Johnson
  986 F.2d 134· 6th Cir.· 1993-02-16 ·cited 2×
  The court affirmed the conviction, following precedent that simultaneous possession of distinct controlled substances can be prosecuted separately.
• United States v. Lindsay
  985 F.2d 666· 2d Cir.· 1993-02-05 ·cited 2×
  The court held that a defendant cannot be sentenced separately for a lesser-included offense (cocaine conspiracy) when also convicted of a greater offense (continuing criminal enterprise) for the same conduct. It also held that multiple firearms used in relation to a single drug-
• United States v. Robinson
  984 F.2d 911· 8th Cir.· 1993-01-26 ·cited 2×
  The court held that the implicit detention of the suspect was inherently coercive, rendering any subsequent consent to search invalid.
• United States v. Maritza Rodriguez
  983 F.2d 455· 2d Cir.· 1993-01-14 ·cited 2×
  The court held that a conscious avoidance jury instruction was properly given because the evidence supported a finding that the defendant was aware of a high probability that the suitcase contained drugs and deliberately avoided confirming this fact. The court also held that a co
• United States v. Tyrez Clark
  982 F.2d 965· 6th Cir.· 1993-01-06 ·cited 2×
  The court held that routine booking questions do not constitute interrogation under Miranda, and that the prosecutor's rebuttal argument and the sentencing enhancement for obstruction of justice were proper.
• United States v. Blaze Joseph Mason
  982 F.2d 325· 8th Cir.· 1993-01-05 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying severance and that the sentencing based on estimated drug quantity was not clearly erroneous.
• United States v. Socrates Sierra
  981 F.2d 123· 3d Cir.· 1992-12-08 ·cited 2×
  The court held that a malfunction in the court reporting system does not automatically warrant a new trial; prejudice must be shown, and defendants failed to demonstrate prejudice from the missing portions of the transcript.
• United States v. Maltos
  985 F.2d 743· 5th Cir.· 1992-11-30 ·cited 2×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the evidence was insufficient as a matter of law to sustain the jury's verdict for conspiracy to possess with intent to distribute cocaine.
• Frazier v. State
  608 So. 2d 530· Fla. 5th DCA· 1992-11-13 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Frazier appealed his convictions for cocaine possession with intent to deliver, marijuana possession, and drug paraphernalia possession following a warranted search of his residence. The court affirmed the drug convictions but reversed the drug paraphernalia conviction, holding t
• United States v. Monroe
  978 F.2d 433· 8th Cir.· 1992-10-29 ·cited 2×·via Possession With Intent To Distribute Crack Cocaine
  The court held that the district court applied the wrong proof standard for sentencing and the evidence was equivocal, requiring remand for reconsideration.
• United States v. Larson
  978 F.2d 1021· 8th Cir.· 1992-10-21 ·cited 2×
  The court held that the mother's consent to search was voluntary and that the admission of a prior conviction did not require a new trial. The evidence was sufficient to support the firearm conviction, and the obstruction of justice enhancement was proper.
• United States v. Xiomaro E. Hernandez
  975 F.2d 1035· 4th Cir.· 1992-09-16 ·cited 2×
  The court held that the district court erred in admitting extraneous evidence of prior bad acts under Federal Rule of Evidence 404(b) because its probative value was slight and substantially outweighed by the danger of unfair prejudice.
• United States v. Peay
  972 F.2d 71· 4th Cir.· 1992-08-07 ·cited 2×
  The court held that the district court's error in denying a party the opportunity to impeach a witness was harmless because the evidence of guilt was overwhelming.
• United States v. Quesada
  972 F.2d 281· 9th Cir.· 1992-08-05 ·cited 2×
  The court held that the Sentencing Guidelines applied to the defendant's conviction were consistent with the Sentencing Reform Act and governing statutes.
• United States v. Randle
  966 F.2d 1209· 7th Cir.· 1992-07-15 ·cited 2×
  The court held that the district court erred in denying a mistrial based on the failure to allow a reasonable opportunity for the defense to request a poll of the jury after the verdict was read.
• United States v. White
  969 F.2d 681· 8th Cir.· 1992-07-14 ·cited 2×
  The court held that the prosecutor's remark about the defendant's non-citizenship was not preserved for appeal and, even if considered on the merits, was not prejudicial. The court also held that the evidence was sufficient to support the conviction for possession with intent to
• United States v. Washington
  969 F.2d 1073· D.C. Cir.· 1992-06-30 ·cited 2×
  The court held that the trial court abused its discretion in rejecting a guilty plea solely because the defendant refused to incriminate a co-defendant, but found the error to be harmless as the defendant was ultimately convicted of the same offense.
• United States v. Charles V. Ushery (91-5716) & Benjamin R. Burton (91-5715)
  968 F.2d 575· 6th Cir.· 1992-06-18 ·cited 2×
  The court affirmed the denial of the motions to suppress, the convictions, and the sentence, finding that the encounters were consensual or supported by reasonable suspicion/probable cause, and that the evidence and sentencing were proper.
• United States v. Weaver
  966 F.2d 391· 8th Cir.· 1992-06-05 ·cited 2×
  The dissent argues that the facts of this case are indistinguishable from a prior controlling precedent, United States v. White.
• State v. Smith
  601 So. 2d 263· Fla. 1st DCA· 1992-06-02 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Florida appealed a trial court's judgment of acquittal on the firearm possession enhancement to drug trafficking charges, arguing the evidence was legally sufficient to support the jury's guilty verdict on that element. The First District Court of Appeal reversed, holding that 'p
• United States v. Kelly
  961 F.2d 524· 5th Cir.· 1992-05-13 ·cited 2×
  The court held that a warrantless search of a vehicle's engine compartment was permissible under the Fourth Amendment if supported by probable cause, even if the probable cause argument was not initially raised by the government.
• United States v. Lizardo Criollo
  962 F.2d 241· 2d Cir.· 1992-04-29 ·cited 2×
  The court held that a district court's announcement of a blanket prohibition against readbacks of testimony before jury deliberations is reversible error.
• Fields v. United States
  963 F.2d 105· 6th Cir.· 1992-04-22 ·cited 2×
  The court held that the district court's acceptance of the guilty plea was contingent on review of the presentence report and that the district court failed to adequately state its reasons for the sentencing enhancement, requiring remand.
• United States v. Daniel
  962 F.2d 100· 1st Cir.· 1992-04-03 ·cited 2×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the defendant was not forced to proceed pro se and that the denial of a minor participant reduction was not plain error.
• United States v. Saturno Hechavarria
  960 F.2d 736· 8th Cir.· 1992-03-31 ·cited 2×·via Possession With Intent To Distribute Crack Cocaine
  The court held that the defendant's conviction and sentence were not prejudiced by any errors, affirming the trial court's decision.
• United States v. Perfecto Socoro Munoz
  957 F.2d 171· 5th Cir.· 1992-03-20 ·cited 2×
  The court held that the district court did not err in denying the motion to suppress, the motion for a new trial, and that the evidence was sufficient to support the convictions.
• United States v. Laster
  958 F.2d 315· 10th Cir.· 1992-03-05 ·cited 2×
  The court held that prior drug sales, even if not part of the offense of conviction, can be included in calculating the base offense level if they were part of the same course of conduct or common scheme or plan.
• United States v. Blair
  958 F.2d 26· 2d Cir.· 1992-02-28 ·cited 2×
• United States v. Aguilar-Aranceta
  957 F.2d 18· 1st Cir.· 1992-02-19 ·cited 2×
  The court held that the defendant waived her double jeopardy claim by consenting to a mistrial and that collateral estoppel did not bar retrial because the jury's acquittal on the importation charge did not necessarily decide the issue of knowledge in her favor.
• United States v. McNEAL
  955 F.2d 1067· 6th Cir.· 1992-02-03 ·cited 2×
  The dissent argues that the majority's reasoning improperly extends the Terry stop doctrine into private residences and misapplies the totality of the circumstances test, thereby eroding Fourth Amendment protections.
• United States v. Gregory Wrice (90-5703) & Tommy Goods (90-5479)
  954 F.2d 406· 6th Cir.· 1992-01-23 ·cited 2×
  The court held that a document filed with the district court within forty days of judgment, even if not a formal notice of appeal, can confer jurisdiction if later validated by a motion to extend time.
• United States v. Preciado-Robles
  954 F.2d 566· 9th Cir.· 1992-01-21 ·cited 2×
  The court held that the defendant's consent to search was voluntary and the secondary inspection was permissible, affirming his conviction.
• Rodriguera v. United States
  954 F.2d 1465· 9th Cir.· 1992-01-14 ·cited 2×
  The court held that the defendant's substantial rights were affected by the failure to advise him of the potential for supervised release extension, entitling him to plead anew.
• United States v. Arache
  946 F.2d 129· 1st Cir.· 1991-09-27 ·cited 2×
  The court affirmed the conviction and sentence, holding that the trial judge's concerns about evidence tampering did not warrant acquittal or reversal, and that the jury's role in assessing credibility was paramount.