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. Jones
  945 F.2d 747· 4th Cir.· 1991-09-17 ·cited 2×
  The court held that there was insufficient evidence to convict the defendant of possession of cocaine with intent to distribute, and therefore reversed that conviction and a related firearm conviction.
• United States v. COX
  942 F.2d 1282· 8th Cir.· 1991-08-22 ·cited 2×
  The court held that the evidence was insufficient to support a conspiracy conviction, but sufficient for other drug and weapons offenses, and that the search of the vehicle was justified. The court also found no Brady violation regarding an alleged witness agreement.
• United States v. Lamela
  942 F.2d 100· 1st Cir.· 1991-08-21 ·cited 2×
  The court held that warrantless border searches were supported by reasonable suspicion and that alleged prosecutorial misconduct before the grand jury did not warrant dismissal of the indictment.
• United States v. Marshall
  940 F.2d 382· 8th Cir.· 1991-08-05 ·cited 2×
  The court affirmed the district court's enhancement for possession of firearms but remanded for further findings regarding the classification of a small quantity of drugs as cocaine base.
• United States v. Sheree Carwell
  939 F.2d 545· 8th Cir.· 1991-07-17 ·cited 2×
  The court held that there was sufficient independent evidence to corroborate the defendant's confession, supporting her conviction for possession of cocaine with intent to distribute.
• United States v. Citro
  938 F.2d 1431· 1st Cir.· 1991-07-17 ·cited 2×
  The court held that the evidence was sufficient to support Lodato's convictions, the 'oral intercept' was properly authorized, the exclusion of the answering machine tape was within the court's discretion, and drug dependency is not a basis for downward departure under the guidel
• United States v. YEO
  936 F.2d 628· 1st Cir.· 1991-06-21 ·cited 2×
  The court held that the district court did not err in refusing to reduce the defendant's sentence for acceptance of responsibility, nor in calculating his criminal history points.
• United States v. Campbell
  935 F.2d 39· 4th Cir.· 1991-06-05 ·cited 2×·via Possession With Intent To Distribute Crack Cocaine
  The court held that the evidence was sufficient to support the convictions, that co-defendant statements were properly admitted, that the school-zone statute is constitutional, and that sentencing calculations were appropriate.
• United States v. McNATT
  931 F.2d 251· 4th Cir.· 1991-04-25 ·cited 2×
  The court held that the trial court did not err in denying the motion to suppress, the motion to dismiss for ineffective assistance of counsel, in restricting testimony, in refusing to admit evidence, in denying the motion in limine, or in calculating the sentence.
• United States v. Hamell
  931 F.2d 466· 8th Cir.· 1991-04-22 ·cited 2×
  The court held that the district court did not err in denying the motion to suppress, admitting or excluding evidence, or in its jury instructions, and affirmed the convictions.
• Peterson v. State
  578 So. 2d 25· Fla. 2d DCA· 1991-04-10 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  The court held that the repeated characterization of the arrest area as a high drug trafficking area by law enforcement officers, over defense objection, constituted prejudicial error requiring a new trial.
• United States v. Connie Clark (90-3153) & Cliffton Clark (90-3312)
  928 F.2d 733· 6th Cir.· 1991-03-21 ·cited 2×·via Possession With Intent To Distribute Crack Cocaine
  The court held that the evidence was sufficient to sustain the defendants' convictions for possession with intent to distribute crack cocaine and Cliffton's firearm convictions, and that no Brady or Jencks Act violations occurred.
• United States v. Reyes
  926 F.2d 96· 1st Cir.· 1991-02-22 ·cited 2×
  The court held that the undisclosed evidence was not material, meaning there was no reasonable probability that its disclosure would have changed the outcome of the trial.
• United States v. Thompson
  925 F.2d 234· 8th Cir.· 1991-01-30 ·cited 2×
  The court held that criminal history points were properly assessed and that evidence seized from the defendant's truck and person was admissible.
• Sierra v. State
  568 So. 2d 1338· Fla. 4th DCA· 1990-10-31 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Sierra appeals his conviction for possession with intent to sell cocaine, challenging the legality of the investigatory stop and vehicle search. The Fourth District affirmed the conviction, finding the officers had reasonable suspicion to conduct an investigation and the protecti
• United States v. Tate
  915 F.2d 400· 8th Cir.· 1990-10-03 ·cited 2×
  The court held that a witness's testimony about their understanding of an immunity agreement, which required truthful testimony, did not constitute improper vouching by the government. The court also held that the district court adequately explained its reasons for imposing a sen
• Mirassaint Orillien v. State
  566 So. 2d 590· Fla. 2d DCA· 1990-09-12 ·cited 2×·via Possession Of Cocaine With Intent To Sell
• United States v. Dweck
  913 F.2d 365· 7th Cir.· 1990-09-10 ·cited 2×
  The court affirmed the defendant's convictions, finding sufficient evidence, no plain error regarding a witness's mention of prior imprisonment, and no Brady violation.
• Gibson v. State
  565 So. 2d 402· Fla. 1st DCA· 1990-08-13 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Sale of cocaine and possession of cocaine with intent to sell constitute a single offense, not two separate offenses, so a defendant cannot be convicted and sentenced for both crimes.
• United States v. Anspach
  910 F.2d 524· 8th Cir.· 1990-08-07 ·cited 2×
  The court affirmed the district court's judgment, finding no merit in the defendant's arguments regarding entrapment, prosecutorial misconduct, sentencing reduction, and Brady violations.
• United States v. Sheppard
  901 F.2d 1230· 5th Cir.· 1990-05-14 ·cited 2×
  The court held that the consent to search and the defendant's flight did not sufficiently attenuate the connection between the initial unconstitutional intrusion and the discovery of evidence.
• United States v. Piver
  899 F.2d 881· 9th Cir.· 1990-04-11 ·cited 2×
  Rule 41 of the Federal Rules of Criminal Procedure does not apply to state searches conducted by state officers with state warrants, even if the evidence is used in a federal prosecution. Such searches need only conform to federal constitutional standards.
• United States v. Andrews
  895 F.2d 406· 7th Cir.· 1990-02-08 ·cited 2×
  The court held that a defendant's knowing and intelligent waiver of a mistrial, even when counsel believes a mistrial is in the defendant's best interest, prevents the defendant from later claiming the trial court erred by not declaring a mistrial.
• United States v. Thomas
  893 F.2d 482· 2d Cir.· 1990-01-08 ·cited 2×
  The court held that the district court did not err in finding exigent circumstances justified a warrantless entry to prevent destruction of evidence or flight of suspects.
• United States v. Clark
  891 F.2d 501· 4th Cir.· 1989-12-12 ·cited 2×
  The court held that a defendant's repeated denials of ownership of a suitcase preclude him from asserting a Fourth Amendment privacy interest in its contents, even if the detention of the suitcase ripened into a de facto arrest.
• United States v. Ortega
  886 F.2d 1062· 8th Cir.· 1989-10-06 ·cited 2×
  The court held that the evidence was properly seized pursuant to a consensual search, and thus the district court did not err in denying the motion to suppress.
• United States v. LOW
  887 F.2d 232· 9th Cir.· 1989-10-05 ·cited 2×
  The concurring judge disagrees with the circuit's developing law regarding when retaining an airline ticket constitutes a seizure.
• Wilson v. State
  549 So. 2d 702· Fla. 1st DCA· 1989-09-06 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Calvin Wilson appealed his convictions for cocaine sale and possession with intent to sell, challenging prosecutorial misconduct, denial of an entrapment instruction, and double jeopardy violations. The appellate court found the first two claims without merit but agreed that conv
• United States v. Krasaway
  881 F.2d 550· 8th Cir.· 1989-08-04 ·cited 2×
  The court held that the search warrant was not impermissibly broad and that there was sufficient evidence to support the firearm conviction.
• United States v. Santana
  877 F.2d 709· 8th Cir.· 1989-06-15 ·cited 2×
  The court held that the district court did not err in admitting evidence of prior drug transactions to show intent and knowledge, nor was there improper prosecutorial comment on the failure to call an alibi witness.
• United States v. Ramirez-Ramirez
  875 F.2d 772· 9th Cir.· 1989-05-25 ·cited 2×
  A defendant charged with drug importation and possession need not know the specific type or amount of the controlled substance, only that they possessed a controlled substance.
• United States v. Gonzalez
  875 F.2d 875· D.C. Cir.· 1989-05-16 ·cited 2×
• United States v. Charleus
  871 F.2d 265· 2d Cir.· 1989-03-23 ·cited 2×
  The court held that a limited patdown at the border, even if not strictly routine, was justified by reasonable suspicion, and affirmed the conviction and sentence.
• United States v. Alvarez
  868 F.2d 547· 2d Cir.· 1989-03-01 ·cited 2×
  The court affirmed the conviction and sentence, finding no constitutional violations and no abuse of discretion in sentencing.
• United States v. Cariballo-Tamayo
  865 F.2d 1179· 11th Cir.· 1989-02-16 ·cited 2×
  The dissenting judge argues that the majority opinion improperly deviates from binding precedent, United States v. Sarmiento, which held that customs officers lack authority to board vessels on the high seas.
• United States v. Johnson
  862 F.2d 1135· 5th Cir.· 1988-12-27 ·cited 2×
  The court held that the warrantless search of the suitcases was reasonable under the Fourth Amendment because the imminent departure of the suspects created exigent circumstances, and the officers reasonably chose between searching the luggage or detaining the suspects.
• Stafford v. State
  532 So. 2d 1361· Fla. 1st DCA· 1988-11-07 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Patrick Stafford appeals his conviction for possession of cocaine with intent to sell, challenging the denial of his motion to suppress physical evidence discovered during a vehicle stop. The court affirmed the conviction, holding that the initial stop was lawful based on the off
• United States v. Porter
  859 F.2d 83· 8th Cir.· 1988-10-17 ·cited 2×
  The court held that the warrantless search of a locked briefcase found in an impounded vehicle was constitutional as a valid inventory search.
• United States v. Norberto Garcia-Pupo
  845 F.2d 8· 1st Cir.· 1988-04-21 ·cited 2×
  The court held that a judge is not bound by a prosecutor's sentencing recommendation, even if included in a plea agreement, as long as the defendant is aware of this. The court also held that convictions under separate statutes for a single act are permissible if each statute req
• United States v. Elias
  832 F.2d 24· 3d Cir.· 1987-10-27 ·cited 2×
  The court held that the district court erred in finding the appellant's statement was a spontaneous utterance, and remanded for factual findings on whether the appellant was in custody for Miranda purposes.
• United States v. Ramos
  832 F.2d 85· 7th Cir.· 1987-10-08 ·cited 2×
  The court held that the defendant failed to demonstrate that his trial counsel's performance was deficient or prejudicial, thus not meeting the standard for ineffective assistance of counsel.
• M.S. v. State
  513 So. 2d 231· Fla. 3d DCA· 1987-09-29 ·cited 2×·via Possession Of Cocaine With Intent To Sell
  Affirmed the denial of a motion to suppress a search of an abandoned paper bag, but reversed the delinquency adjudication on the greater offense due to double jeopardy principles, vacating the lesser simple possession conviction.
• United States v. Pipito
  861 F.2d 1006· 7th Cir.· 1987-07-20 ·cited 2×
  The court affirmed the convictions of both Anthony and Cheryl Pipito, finding no reversible error in the trial court's rulings or the sufficiency of the evidence.
• United States v. McMURRY
  818 F.2d 24· 10th Cir.· 1987-02-23 ·cited 2×
  The court held that the Double Jeopardy Clause did not bar a second trial because the prosecution did not intentionally provoke the mistrial, and the trial court did not err in admitting co-conspirator statements or in its communication with the jury.
• United States v. Weber
  808 F.2d 1422· 11th Cir.· 1987-02-02 ·cited 2×
  The court held that the district court properly denied motions to suppress evidence obtained from wiretaps, vehicle searches, and residence searches, affirming the convictions.
• United States v. Rome
  809 F.2d 665· 10th Cir.· 1987-01-15 ·cited 2×
  Violations of Federal Rule of Criminal Procedure 41(c)(2) in obtaining a search warrant via telephone were not egregious enough to warrant suppression of the evidence, as they did not prejudice the defendant or demonstrate intentional disregard for the rule.
• United States v. Hernan Espino-Perez
  798 F.2d 439· 11th Cir.· 1986-09-02 ·cited 2×
  The court held that a claim of ineffective assistance of counsel is not properly raised on direct appeal, and other claims regarding hearsay, sufficiency of evidence, and new trial motions lacked merit.
• United States v. German Severino
  800 F.2d 42· 2d Cir.· 1986-08-28 ·cited 2×
  The court held that a district court has discretion to reject a guilty plea if it believes the defendant is not being truthful during the allocution, and that requiring peremptory challenges to be exercised publicly does not deny a fair trial.
• United States v. Barone
  787 F.2d 811· 2d Cir.· 1986-04-04 ·cited 2×
  The court held that the district court's procedure, including a public adversarial hearing and a subsequent in camera inquiry, adequately addressed the defendant's challenge to the veracity of the search warrant affidavit under Franks v. Delaware, especially given the need to pro
• United States v. Nichols
  781 F.2d 483· 5th Cir.· 1986-01-29 ·cited 2×
  The court held that the admission of prior conspiracy convictions into evidence to prove intent and identity in a trial for substantive crimes was an abuse of discretion under Fed.R.Evid. 403.