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. Alvarado-Sandoval
  997 F.2d 491· 8th Cir.· 1993-07-08
  The court concurs with the majority opinion but emphasizes the need for district judges to carefully scrutinize peremptory strikes to prevent racial discrimination.
• United States v. Mitchell
  996 F.2d 419· D.C. Cir.· 1993-07-02 ·via Possession With Intent To Distribute Crack Cocaine
  The court held that the admission of expert testimony stating that the packaging of drugs indicated intent to distribute, while technically violating Fed.R.Evid. 704(b), did not constitute plain error because it was not clearly forbidden under settled law at the time of trial and
• United States v. Grady
  997 F.2d 421· 8th Cir.· 1993-07-01 ·via Possession With Intent To Distribute Crack Cocaine
  The court held that the defendant was not denied a fair trial and that the sentencing was proper, affirming both the conviction and sentence.
• United States v. Crowell
  997 F.2d 146· 6th Cir.· 1993-06-18
  The court's judgment is concurred with, but the reasoning differs from the panel's.
• United States v. Restrepo
  994 F.2d 173· 5th Cir.· 1993-06-17
  The court affirmed the convictions, holding that circumstantial evidence, including witness testimony, packaging, and financial transactions, was sufficient for a jury to find the substance was cocaine beyond a reasonable doubt. The court also found that the Confrontation Clause
• United States v. Rodriguez
  993 F.2d 1170· 5th Cir.· 1993-06-14
  The court held that Rodriguez's Sixth Amendment right to counsel was violated when the FBI took his statement without his appointed counsel present, and that the evidence was sufficient to convict Napoles and Guerra. The court also held that the voir dire did not violate Napoles'
• United States v. McINTYRE
  997 F.2d 687· 10th Cir.· 1993-06-07
  The court affirmed the defendant's conviction, holding that the district court did not abuse its discretion in its evidentiary rulings or its decision regarding juror qualification, and that the admission of certain documents, while potentially erroneous, did not constitute plain
• United States v. Woods
  995 F.2d 713· 7th Cir.· 1993-06-07
  The court affirmed the conviction, holding that the district court did not abuse its discretion in denying a suppression hearing or a continuance, and that sufficient evidence supported the firearm conviction.
• United States v. Brown
  995 F.2d 1493· 10th Cir.· 1993-06-04
  The court held that the evidence was sufficient to support the district court's finding that the defendant acted as a manager for sentencing enhancement purposes and that the evidence was sufficient to support his convictions.
• United States v. Soto-Lopez
  995 F.2d 694· 7th Cir.· 1993-06-04
  The court held that the encounter was consensual, the evidence was sufficient for conviction, and the sentence enhancement was proper.
• United States v. Polland
  994 F.2d 1262· 7th Cir.· 1993-05-28
  The court held that the defendant's conviction is affirmed, but the sentence is vacated and remanded for resentencing on the issue of obstruction of justice.
• United States v. Varela
  993 F.2d 686· 9th Cir.· 1993-05-17
  A conviction that is expungeable under state law but not formally expunged can serve as a predicate offense for federal firearm possession charges, and can be considered for Sentencing Guidelines calculations, unless state law expressly prohibits firearm possession following rest
• United States v. Lincoln
  992 F.2d 356· D.C. Cir.· 1993-05-14 ·via Possession With Intent To Distribute Crack Cocaine
  The court affirmed the appellants' drug convictions and sentences, finding no error in the denial of their motions to suppress evidence, sever trials, suppress statements, or in the sentencing classification.
• United States v. Prandy-Binett
  995 F.2d 1069· D.C. Cir.· 1993-05-11
  The court held that the officers had probable cause to arrest the defendant based on the totality of the circumstances, including the appearance of the duct-taped package and the defendant's behavior.
• United States v. Thomas
  992 F.2d 201· 8th Cir.· 1993-05-04
  The court held that the officers had reasonable suspicion for the investigative stop, the subsequent search and arrest were lawful, the evidence was sufficient for conviction, and the defendant received effective assistance of counsel.
• United States v. Escobar
  992 F.2d 87· 6th Cir.· 1993-04-23
  The court held that prior state convictions for cocaine possession, even if involving conduct related to a federal continuing criminal enterprise, can be included in the criminal history score if the conduct is severable and not explicitly charged as part of the instant federal o
• United States v. Isai Isauro Garza
  990 F.2d 171· 5th Cir.· 1993-04-20
  The court held that the evidence was sufficient to support the jury's verdict and that the admission of DEA agent testimony did not constitute reversible error.
• United States v. Lacey
  990 F.2d 586· 10th Cir.· 1993-04-16
  The court affirmed the conviction for failure to appear but vacated the drug convictions due to improper trial in absentia.
• United States v. Velasquez-Carbona
  991 F.2d 574· 9th Cir.· 1993-04-16
  The court held that the evidence was sufficient to support the conviction and that the ex parte contact between a law clerk and a juror did not violate due process rights, especially since no objection was raised below.
• United States v. de Jesus-Rios
  990 F.2d 672· 1st Cir.· 1993-04-07 ·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that Eva Rios's pretrial identification was impermissibly suggestive and unreliable, and the error was not harmless, thus her conviction must be vacated. The evidence was sufficient to support Jose Rios's conviction.
• United States v. Barth
  990 F.2d 422· 8th Cir.· 1993-04-06 ·via Possession With Intent To Distribute Crack Cocaine
  Sentencing entrapment may be legally relied upon for a downward departure, but it was not factually present in this case, and the district court's departure was unreasonable.
• United States v. Perez
  989 F.2d 1111· 9th Cir.· 1993-04-06
  The court held that while the district court misstated the definition of 'carrying' a firearm under 18 U.S.C. § 924(c), the error was harmless because the evidence overwhelmingly established the firearm's availability.
• United States v. Angela Jones also known as Simila Butler
  990 F.2d 405· 8th Cir.· 1993-04-05
  The court held that police had reasonable suspicion to detain the luggage for a dog sniff, even if consent was not voluntary, because the detention was justified by articulable, objective facts.
• United States v. Barahona
  990 F.2d 412· 8th Cir.· 1993-04-05
  The court held that the denial of the motion to suppress was proper because the traffic stop was valid, the subsequent detention was supported by reasonable suspicion, consent to search was voluntary, and statements were made after a valid waiver of Miranda rights. The sentence w
• United States v. Neal
  990 F.2d 355· 8th Cir.· 1993-03-30
  The court held that the district court did not err in refusing to instruct the jury on entrapment or coercion, and that the sentencing enhancements were proper.
• United States v. Ryles
  988 F.2d 13· 5th Cir.· 1993-03-25
  The court held that the officer's intrusion into the vehicle's airspace was reasonable under the Fourth Amendment given the totality of the circumstances, and that a disassembled but readily reassemblable shotgun warranted a sentencing enhancement.
• United States v. Lopez
  989 F.2d 24· 1st Cir.· 1993-03-25
  The court held that the warrantless search of the bathroom for a shotgun was justified by exigent circumstances, specifically the need to recover a dangerous weapon believed to be nearby and accessible to others.
• United States v. Seals
  987 F.2d 1102· 5th Cir.· 1993-03-24
  The court held that the dog sniff was not a search under the Fourth Amendment, and that probable cause existed to search the vehicle, independently supported by the inevitable discovery doctrine. The court also affirmed the trial court's Batson ruling and other issues raised.
• United States v. Buckhalter
  986 F.2d 875· 5th Cir.· 1993-03-11
  The court held that the trial court did not err in denying severance, suppressing identification, removing a juror, or calculating sentences, and affirmed the convictions and sentences.
• United States v. Keithan Jerome Owens
  996 F.2d 59· 5th Cir.· 1993-03-09
  A guilty plea waives all non-jurisdictional defects preceding the plea, and federal drug and firearm statutes are valid exercises of Congress' commerce power, thus not violating the Tenth Amendment.
• United States v. Rupert Gordon
  987 F.2d 902· 2d Cir.· 1993-03-04
  The dissenting judge believes the other act evidence was admissible under Fed.R.Evid. 404(b) and not unfairly prejudicial under Fed.R.Evid. 403.
• United States v. Vargas
  986 F.2d 35· 2d Cir.· 1993-02-19
  The court held that the evidence was sufficient to support the convictions and that the sentencing calculations were correct.
• United States v. Trimble
  986 F.2d 394· 10th Cir.· 1993-02-18 ·via Possession With Intent To Distribute Crack Cocaine
  The court held that the district court did not err in denying the motion to suppress evidence and statements, as the traffic stop was valid, the defendant abandoned the contraband, and his subsequent statements were voluntary.
• United States v. Chapple
  985 F.2d 729· 3d Cir.· 1993-02-11
  The court held that the weight of cocaine is a sentencing factor for the judge, not a jury element, and the district court erred by deferring to the jury's implicit finding on weight.
• United States v. Salazar
  983 F.2d 778· 7th Cir.· 1993-01-06
  The court affirmed the conviction and sentence, holding that the evidence was sufficient for both counts and that the district court did not err in attributing 15 kilograms of cocaine to the defendant for sentencing purposes.
• United States v. Domingo LaBoy Cruz
  981 F.2d 659· 2d Cir.· 1992-12-21
  The court held that expert testimony mirroring a government witness's account of drug operations and injecting the defendant's ethnicity was improperly admitted and prejudicial.
• United States v. Graham
  982 F.2d 273· 8th Cir.· 1992-12-14
  The court held that the officers' actions did not violate the Fourth Amendment and that the defendant's admission of suitcase ownership was consensual.
• Johnson v. State
  606 So. 2d 1287· Fla. 4th DCA· 1992-11-12 ·via Possession Of Cocaine With Intent To Sell
  The court reversed and remanded because the defendant's seven-year sentence for cannabis possession with intent to sell exceeded the statutory maximum of five years, and the judgment incorrectly classified cocaine possession with intent to sell as a first-degree rather than secon
• United States v. Elgersma
  979 F.2d 750· 9th Cir.· 1992-11-10
  The court held that the Montana prosecution was not barred by the Double Jeopardy Clause or collateral estoppel, as it charged different conduct and did not divide a single conspiracy into multiple prosecutions.
• United States v. Barrington A. Hamilton
  978 F.2d 783· 2d Cir.· 1992-11-03
  The court held that the investigative stop and pat-down were lawful under the Fourth Amendment, and that the evidence was sufficient to support the jury's verdict of possession with intent to distribute.
• United States v. Pressley
  978 F.2d 1026· 8th Cir.· 1992-10-23
  The court held that the trial court did not err in denying the defendant's pretrial motions to suppress evidence and reveal an informant's identity, nor in admitting the seized substances or submitting the case to the jury.
• United States v. Johnson
  977 F.2d 457· 8th Cir.· 1992-10-16
  The court held that circumstantial evidence, including the quantity of cash, compacted cocaine, and coded notes, was sufficient to support a jury's finding of intent to distribute. The court also held that the admission of prior convictions and the federal prosecution itself did
• United States v. Horacio Velarde-Gavarrete
  975 F.2d 672· 9th Cir.· 1992-09-22
  The court held that the trial court's finding of an absence of good faith in deporting material witnesses, despite ambiguity, was sufficient to meet the standard for dismissal.
• United States v. Pierre
  974 F.2d 1355· D.C. Cir.· 1992-09-18
  The court held that a jury instruction stating it is the jury's duty to find a defendant guilty if the government proves all elements beyond a reasonable doubt is proper.
• United States v. Durrell Levon Stanton
  975 F.2d 479· 8th Cir.· 1992-09-11 ·via Possession With Intent To Distribute Crack Cocaine
  The court held that the district court adequately stated its reasons for imposing a sentence and that the stop of the vehicle was supported by probable cause.
• United States v. Gordon
  973 F.2d 678· 8th Cir.· 1992-08-28
  The court held that a claim of ineffective assistance of counsel is not proper on direct appeal and must be raised in collateral proceedings.
• Leotis Powell v. State
  602 So. 2d 695· Fla. 1st DCA· 1992-08-07 ·via Possession Of Cocaine With Intent To Sell
• United States v. Robin Rene Warner (90-3753)
  971 F.2d 1189· 6th Cir.· 1992-07-27
  The court held that the evidence was sufficient to sustain the convictions of all defendants and that the trial court did not err in denying motions for severance or in its conduct during the trial.
• Nelson v. State
  600 So. 2d 1317· Fla. 1st DCA· 1992-07-23 ·via Possession Of Cocaine With Intent To Sell
• United States v. Hawkins
  969 F.2d 169· 6th Cir.· 1992-06-08
  The court held that probation under Michigan Compiled Laws § 333.7411 constitutes a "conviction" for purposes of federal firearm possession by a felon statutes, and that the denial of motions for a new trial and to vacate sentence was proper.