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. Fletcher
  965 F.2d 781· 9th Cir.· 1992-06-04
  The court held that excusing college students from the venire does not violate the Sixth Amendment's fair cross-section requirement because college students are not a 'distinctive' group.
• United States v. Arango
  966 F.2d 64· 2d Cir.· 1992-06-02
  A guilty plea waives the right to challenge the legality of a search, thereby precluding a subsequent claim that an evidentiary hearing was required to determine if evidence was seized to enhance a sentence.
• United States v. Hoffman
  964 F.2d 21· D.C. Cir.· 1992-05-29
  A defense lawyer must lay an evidentiary foundation before arguing that the absence of fingerprint evidence implies that such evidence could have been obtained and would have been exculpatory.
• United States v. Chuck Dwain Templeman
  965 F.2d 617· 8th Cir.· 1992-05-27
  The court held that items previously discovered by lawful means are admissible even if later seized during an illegal search, and that a harsher sentence after retrial is permissible if not motivated by vindictiveness.
• United States v. Martin
  964 F.2d 714· 7th Cir.· 1992-05-21
  The court held that requiring a defendant to stand trial in prison garb was harmless error beyond a reasonable doubt on this record.
• United States v. Frorup
  963 F.2d 41· 3d Cir.· 1992-05-06
  The court held that a defendant can be convicted of aiding and abetting possession with intent to distribute if they procure customers and maintain the market, even without direct participation in obtaining or holding the drugs.
• United States v. Eccleston
  961 F.2d 955· D.C. Cir.· 1992-04-24
  The court held that the district court abused its discretion by denying a mistrial when inadmissible hearsay testimony, which directly implicated the defendant in drug distribution, was presented to the jury, and the government's case was otherwise weak.
• United States v. Howard
  961 F.2d 1265· 7th Cir.· 1992-04-14
  The court held that exigent circumstances justified law enforcement officers disregarding the "knock and announce" requirement when executing a search warrant.
• United States v. Dabdoub-Canez
  961 F.2d 836· 9th Cir.· 1992-04-09
  The mandatory minimum penalties established for possession of cocaine with intent to distribute under 21 U.S.C. § 841 apply to conspiracy to commit that offense under 21 U.S.C. § 846.
• United States v. Purdue
  961 F.2d 723· 8th Cir.· 1992-04-07
  The court held that the seizure of the duffel bag did not occur until the agent informed the defendant he planned to keep it, and at that point, the agent had reasonable suspicion to do so.
• United States v. Pena
  961 F.2d 333· 2d Cir.· 1992-04-07
  The court held that the district court erred in denying a suppression hearing without adequately developing the record on whether the defendant had a reasonable expectation of privacy in the searched area of the vehicle and whether probable cause existed for the search and arrest
• United States v. Collado
  957 F.2d 38· 1st Cir.· 1992-02-21
  The court held that the district court did not abuse its discretion in admitting the plastic bag into evidence, as its chain of custody was sufficiently established.
• United States v. Collin Taplin, Jr.
  954 F.2d 1256· 6th Cir.· 1992-01-29
  The court held that the defendant had a meaningful opportunity and motive to cross-examine the witness whose prior testimony was admitted, and therefore, admitting the testimony did not violate the Sixth Amendment.
• United States v. Leuro-Rosas
  952 F.2d 616· 1st Cir.· 1991-12-30
  The court held that the United States Coast Guard had jurisdiction to board the Panamanian-flagged vessel in international waters based on a Statement of No Objection (SNO) obtained from the State Department, and that sufficient evidence supported the conviction for possession wi
• United States v. Wardlow
  951 F.2d 1115· 9th Cir.· 1991-12-19
  The court held that the district court did not abuse its discretion in denying an evidentiary hearing or reconsideration of the suppression motion, but the sentence must be vacated and remanded for resentencing under the Sentencing Guidelines.
• United States v. Herrera
  948 F.2d 1046· 7th Cir.· 1991-11-27
  The court held that the district court did not err in determining the quantity of cocaine attributable to the defendant or in its procedural handling of the sentencing hearing.
• United States v. Lucelly Abadia
  949 F.2d 956· 8th Cir.· 1991-11-19
  The court held that the pre-arrest detention of the appellant was supported by probable cause, thus it was not a de facto arrest violating the Fourth Amendment.
• United States v. Conrado Jesus Gomez
  947 F.2d 737· 5th Cir.· 1991-11-07
  The court held that the district court's finding of consent to record a conversation was not clearly erroneous and affirmed the convictions.
• United States v. Dorvil
  784 F. Supp. 849· S.D. Fla.· 1991-10-28
  The court held that defendants were entitled to a four-level reduction for minimal roles and a further downward departure because their minimal participation was present to a degree not contemplated by the guidelines.
• G.S. v. State
  586 So. 2d 501· Fla. 3d DCA· 1991-10-01 ·via Possession Of Cocaine With Intent To Sell
• United States v. McDILE
  946 F.2d 1330· 8th Cir.· 1991-09-26
  The court affirmed the conviction and sentence, rejecting the defendant's constitutional claims and other arguments.
• Albury v. State
  585 So. 2d 509· Fla. 3d DCA· 1991-09-24 ·via Possession Of Cocaine With Intent To Sell
• United States v. Thomas
  945 F.2d 328· 10th Cir.· 1991-09-11
  The court held that the trial court did not err in accepting a stipulation regarding a witness's prior conviction, in sustaining a prosecutor's objection during closing argument, or in allowing the jury to rehear testimony. The court also found no basis to review the admission of
• United States v. Campbell
  945 F.2d 713· 4th Cir.· 1991-09-04
  The court held that the initial warrantless entry into the defendant's residence was unlawful due to the absence of exigent circumstances, but remanded the case to determine if the subsequently issued search warrant was based on an independent source untainted by the illegal entr
• United States v. Martinez
  939 F.2d 412· 7th Cir.· 1991-08-01
  The court held that the defendant waived arguments regarding limiting instructions for transcripts and minimal participation reduction, and that the admission of background hearsay testimony and the prosecutor's closing argument reference were not improper or plain error.
• United States v. Franks
  939 F.2d 600· 8th Cir.· 1991-07-24
  The court held that Federal Express records, microfilmed and maintained by the company, were properly admitted under the business records exception to the hearsay rule, even though the custodian lacked personal knowledge of their creation, and their admission did not violate conf
• United States v. Lynch
  934 F.2d 1224· 11th Cir.· 1991-07-01
  The court held that while the warrantless seizure of handguns from the defendant's home was erroneous, the error was harmless regarding the convictions, and the exclusionary rule does not apply to sentencing proceedings, thus affirming the convictions and sentences.
• United States v. Atherton
  936 F.2d 728· 2d Cir.· 1991-06-26
  The dissenting judge would have remanded the case, finding the district court's determination of exigent circumstances to be clearly erroneous, but acknowledging the evidence might still be admissible.
• United States v. Molina
  934 F.2d 1438· 9th Cir.· 1991-06-10
  The court affirmed the conviction and sentence, finding no plain error in the prosecutor's closing argument and no ineffective assistance of counsel on the claims reviewable on direct appeal. The court declined to address one ineffective assistance claim due to an incomplete reco
• United States v. Estrella
  930 F.2d 824· 10th Cir.· 1991-04-19
  The court held that the evidence was sufficient to support the jury's verdict of guilt, but vacated the fine imposed for costs of incarceration and supervised release.
• United States v. Delibac
  925 F.2d 610· 2d Cir.· 1991-02-19
  The court held that the admission of a firearm under the plain view doctrine was proper, the jury charge on reasonable doubt did not constitute plain error, and the sentencing guidelines do not violate due process by allegedly vesting undue authority in prosecutors.
• B.S. v. State
  572 So. 2d 1037· Fla. 3d DCA· 1991-01-22 ·via Possession Of Cocaine With Intent To Sell
  The court held that while the evidence was insufficient to prove intent to sell cocaine, it was sufficient to prove simple possession of cocaine.
• United States v. Vargas
  920 F.2d 167· 2d Cir.· 1990-12-03
  The court affirmed the convictions, finding sufficient evidence and rejecting claims of sentencing errors and ineffective assistance of counsel.
• Oliver v. State
  569 So. 2d 945· Fla. 1st DCA· 1990-11-21 ·via Possession Of Cocaine With Intent To Sell
  Court reversed convictions for possession with intent to sell and sale of cocaine arising from two controlled buys, holding that separate convictions for both crimes from a single transaction violate double jeopardy principles, and remanded for vacation of one conviction per tran
• United States v. Thomas
  919 F.2d 495· 8th Cir.· 1990-11-19
  The court held that the proffered testimony of the deceased co-defendant's attorney was inadmissible hearsay, even if it were not privileged, because it lacked trustworthiness and did not meet the requirements of Federal Rule of Evidence 804(b)(3) or 804(b)(5).
• Richardson v. State
  566 So. 2d 33· Fla. 1st DCA· 1990-08-16 ·via Possession Of Cocaine With Intent To Sell
  Ronald Richardson was convicted of conspiracy to sell or deliver cocaine based on testimony about his co-conspirator brother's collateral crimes and a taped telephone conversation. The appellate court reversed the conviction, finding the collateral crime evidence inadmissible and
• United States v. Sumlin
  909 F.2d 1218· 8th Cir.· 1990-07-31 ·via Possession Of Cocaine With Intent To Sell
  The court held that the search of the stolen purse was reasonable and the evidence was sufficient to support the conviction.
• Jones v. State
  562 So. 2d 860· Fla. 1st DCA· 1990-06-25 ·via Possession Of Cocaine With Intent To Sell
• United States v. Gertie Crismon
  905 F.2d 966· 6th Cir.· 1990-06-18
  The court held that the defendant waived her right to challenge the legality of the search and seizure by failing to file a timely motion to suppress evidence, and that the court lacked jurisdiction to hear the issue on appeal.
• Williams v. State
  561 So. 2d 1277· Fla. 2d DCA· 1990-05-23 ·via Possession Of Cocaine With Intent To Sell
• Felton Dixon v. State
  560 So. 2d 335· Fla. 1st DCA· 1990-04-25 ·via Possession Of Cocaine With Intent To Sell
  Felton Dixon appealed his convictions for cocaine sale, possession with intent to sell cocaine, and cannabis possession, challenging the trial court's evidentiary rulings and sentencing methodology. The appellate court affirmed the convictions but reversed the sentencing because
• United States v. Hill
  901 F.2d 880· 10th Cir.· 1990-04-24
  The admission of a nontestifying codefendant's confession that implicates the defendant violates the defendant's Sixth Amendment right to confrontation, and such error is not harmless if the evidence against the defendant is not overwhelming.
• United States v. Hobson
  893 F.2d 1267· 11th Cir.· 1990-02-07 ·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  An isolated act which simultaneously violates two statutes can demonstrate the continuity necessary to establish a pattern of racketeering activity under RICO.
• United States v. Moreno
  891 F.2d 247· 9th Cir.· 1989-12-08
  The court held that the district court must hold a hearing to determine the voluntariness of the defendant's second confession, as the circumstances surrounding it may have involved official coercion.
• Sharpe v. State
  547 So. 2d 334· Fla. 1st DCA· 1989-08-10 ·via Possession Of Cocaine With Intent To Sell
  Derrick Sharpe appealed his conviction for possession of cocaine with intent to sell after entering a nolo contendere plea, challenging the trial court's denial of his motion to withdraw the plea when the court refused to follow the joint sentencing recommendation of the state an
• United States v. McLain
  701 F. Supp. 1544· M.D. Fla.· 1988-12-15
  The court denied the defendant's motion to recuse, finding no nexus between the prior appellate opinion or alleged sentencing disparities and the current judge's impartiality.
• United States v. Cordero
  860 F.2d 1034· 11th Cir.· 1988-11-28
  The evidence was sufficient to prove beyond a reasonable doubt that the amount of cocaine involved was 500 grams or more, triggering the enhanced penalty provisions.
• Shellie G. Lipscomb v. State
  534 So. 2d 1202· Fla. 2d DCA· 1988-11-18 ·via Possession Of Cocaine With Intent To Sell
  Shellie Lipscomb appealed his convictions for trafficking in cocaine and possession of cocaine with intent to sell. The court vacated the possession conviction as violating double jeopardy because both charges arose from the same transaction, but affirmed the trial court's one-ce
• Alvaro Antonio Hurtado v. State
  533 So. 2d 304· Fla. 1st DCA· 1988-11-07 ·via Possession Of Cocaine With Intent To Sell
  The court held that while the initial stop and subsequent search of the vehicle were proper based on consent, the convictions for both trafficking in cocaine and possession of cocaine with intent to sell were improper.
• United States v. Cole
  857 F.2d 971· 4th Cir.· 1988-09-29