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. Raper
  676 F.2d 841· D.C. Cir.· 1982-04-30 ·cited 62×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court affirmed the conviction of appellant Childs and Raper for unlawful possession of heroin with intent to distribute, finding sufficient evidence for constructive possession.
• United States v. Benveniste
  564 F.2d 335· 9th Cir.· 1977-11-11 ·cited 62×
  The court held that the exclusion of the defense investigator's testimony regarding statements made by a third party (Meek) was reversible error, as it deprived the defendant of a fair opportunity to present his entrapment defense.
• United States v. Parrado
  911 F.2d 1567· 11th Cir.· 1990-09-20 ·cited 61×
  The court held that the evidence was sufficient to support the conspiracy convictions, the warrantless search of the van was permissible under the automobile exception, and the district court adequately explained its reasons for imposing the sentence.
• United States v. Cardenas
  895 F.2d 1338· 11th Cir.· 1990-03-08 ·cited 61×
  The court held that testimony regarding prior drug use and distribution was admissible under Federal Rule of Evidence 404(b) to prove intent and knowledge, and under Federal Rule of Evidence 608(b) to contradict the defendant's material testimony.
• United States v. Raimundo Crespo de Llano
  830 F.2d 1532· 9th Cir.· 1987-10-26 ·cited 61×
  The court held that a trial court's failure to personally advise jointly represented defendants of their right to separate counsel under Rule 44(c) does not mandate reversal unless an actual conflict of interest adversely affected the lawyer's performance. The court also held tha
• United States v. Esle
  743 F.2d 1465· 11th Cir.· 1984-09-26 ·cited 61×
  The court held that appellants failed to establish a prima facie case for a Sixth Amendment fair cross-section violation because they did not prove the percentage of Hispanics eligible for jury service in the general population.
• United States v. Marin
  669 F.2d 73· 2d Cir.· 1982-01-18 ·cited 61×
  The court held that the stop of the defendants' car was supported by probable cause, the search of the car and the bag was lawful due to consent and lack of privacy expectation, and the redacted statement did not violate confrontation rights.
• United States v. Garrett
  903 F.2d 1105· 7th Cir.· 1990-05-31 ·cited 60×
  The court affirmed the conviction, holding that sufficient evidence supported the jury's findings of possession and intent to distribute, consecutive sentences for the firearm offenses were permissible under double jeopardy, and the district court did not err in denying the motio
• United States v. Ira Silverman
  889 F.2d 1531· 6th Cir.· 1989-11-21 ·cited 60×
  The court held that uncharged conduct, if sufficiently reliable and part of the same course of conduct or common scheme as the offense of conviction, can be considered for sentencing purposes under the Guidelines, even if it occurred prior to the Guidelines' effective date or was
• United States v. Erves
  880 F.2d 376· 11th Cir.· 1989-08-10 ·cited 60×
  The court affirmed the defendants' sentences, holding that the sentencing guidelines are constitutional and were properly applied in these cases.
• United States v. Vizcaino
  870 F.2d 52· 2d Cir.· 1989-03-06 ·cited 60×
  The court held that the Sentencing Reform Act and its promulgated Guidelines do not unconstitutionally deny due process by restricting judicial discretion or vesting excessive authority in the prosecutorial branch.
• United States v. Amel F. Lueth
  807 F.2d 719· 8th Cir.· 1986-12-16 ·cited 60×
  The court affirmed the convictions, finding no error in the denial of the motion to suppress evidence, the trial judge's conduct, or the refusal to sever tax charges from drug charges.
• United States v. Thompson
  700 F.2d 944· 5th Cir.· 1983-03-04 ·cited 60×
  The court held that the district court's denial of the motion to suppress was not adequately supported by findings of fact regarding exigent circumstances, and that the possibility of the government creating the exigent circumstances required further factual determination.
• United States v. Brandon
  633 F.2d 773· 9th Cir.· 1980-10-22 ·cited 60×
  The court held that the informant's consent to wiretaps was voluntary and that the evidence was sufficient to support a jury's finding of conspiracy, thus reversing an acquittal. The court also held that entrapment was not a jury question as the defendant was predisposed.
• United States v. Smaldone
  484 F.2d 311· 10th Cir.· 1973-08-14 ·cited 60×
  The court held that the trial court did not err in denying the production of the prosecutor's interview notes, refusing to compel disclosure of an informant's address, or in its jury instructions, affirming the conviction.
• Harris v. State
  647 So. 2d 206· Fla. 1st DCA· 1994-07-29 ·cited 59×·via Possession Of Cocaine With Intent To Sell
  Michael Kevin Harris appealed his conviction for drug possession with intent to sell, possession of drug paraphernalia, and resisting arrest without violence. The court reversed all convictions, finding insufficient evidence of constructive possession and that the officer lacked
• United States v. Pierce
  893 F.2d 669· 5th Cir.· 1990-01-04 ·cited 59×
  The court held that a defendant's Fourth Amendment rights are not violated when private parties, acting on their own initiative and policy, open a suspicious package, and subsequent government searches do not exceed the scope of the private search. The court also held that a comp
• United States v. Ayarza
  874 F.2d 647· 9th Cir.· 1989-05-09 ·cited 59×
  The court held that the totality of the circumstances, including drug courier profile factors, provided reasonable suspicion to detain the appellant's luggage for a canine sniff, and that the Sentencing Reform Act provisions requiring a government motion for downward adjustment a
• United States v. Gaetano Phillip Puglisi
  723 F.2d 779· 11th Cir.· 1984-01-23 ·cited 59×
• United States v. Walters
  591 F.2d 1195· 5th Cir.· 1979-03-26 ·cited 59×
  The court held that the search was a valid border search justified by reasonable suspicion, and that the appellant was not denied her constitutional or statutory right to a speedy trial.
• United States v. Blackman
  904 F.2d 1250· 8th Cir.· 1990-06-04 ·cited 58×
  The court affirmed the conviction and sentence, holding that the search of the defendant's luggage was lawful, the admission of certain statements was harmless error, the evidence was sufficient for the money laundering convictions, the pistol was admissible, and the sentencing e
• United States v. Campbell
  843 F.2d 1089· 8th Cir.· 1988-03-30 ·cited 58×
  The court held that the initial encounter was consensual, and even if it ripened into a Terry-seizure, it was supported by reasonable suspicion, and the subsequent consent to search was voluntary.
• United States v. Rivera
  775 F.2d 1559· 11th Cir.· 1985-11-15 ·cited 58×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the evidence was insufficient to sustain Platt's conviction on the nine telephone counts, reversing those convictions. However, the court affirmed the convictions of both Platt and Rivera on the charge of aiding and abetting possession with intent to distribut
• United States v. Kabbaby
  672 F.2d 857· 11th Cir.· 1982-04-05 ·cited 58×
  The court held that the joinder of counts was proper under Rule 8 and the denial of severance under Rule 14 was not an abuse of discretion. The admission of certain testimony was deemed harmless error.
• United States v. Jackson
  526 F.2d 1236· 5th Cir.· 1976-02-13 ·cited 58×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the evidence was insufficient to prove a prima facie case of aiding and abetting possession with intent to distribute cocaine.
• United States v. Mickey Turner
  898 F.2d 705· 9th Cir.· 1990-03-12 ·cited 57×
  The court affirmed Turner's and Smith's sentences, but remanded Turner's for specific procedural compliance, vacated Beler's sentence, and remanded for resentencing due to factual errors.
• United States v. Cardenas
  864 F.2d 1528· 10th Cir.· 1989-01-11 ·cited 57×
  The court held that the chain of custody for the cocaine was sufficient for admissibility, and that constructive possession and carrying a firearm in a vehicle during a drug trafficking crime are valid grounds for conviction under 18 U.S.C. § 924(c).
• United States v. Sangineto-Miranda
  859 F.2d 1501· 6th Cir.· 1988-10-27 ·cited 57×
• United States v. Dario Dicesare
  765 F.2d 890· 9th Cir.· 1985-07-10 ·cited 57×
  The court held that the use of a trained canine to sniff the interior of a private residence constitutes a search under the Fourth Amendment.
• United States v. Evelio Mota and Juan Flores
  598 F.2d 995· 5th Cir.· 1979-07-16 ·cited 57×
  The court held that a defendant's amnesia does not per se render them incompetent to stand trial, and that severance is not required when defenses are merely antagonistic rather than irreconcilable.
• United States v. Miranda
  526 F.2d 1319· 2d Cir.· 1975-12-03 ·cited 57×
  The court held that the negligent loss of a crucial tape recording by the government, without bad faith, did not require suppression of testimony or a new trial, especially when the defense was aware of the loss during the trial and the overall evidence of guilt was strong.
• United States v. Tetzlaff
  896 F.2d 1071· 7th Cir.· 1990-02-28 ·cited 56×
  The court held that the two-level enhancement for playing a primary role in the offense under U.S. Sentencing Guidelines § 3B1.1(c) was improperly applied because the offense of conviction involved only one participant.
• United States v. Klein
  860 F.2d 1489· 9th Cir.· 1988-11-04 ·cited 56×
  The court held that the arrest and search of the defendant's vehicle were lawful, and the mandatory minimum sentence imposed under 21 U.S.C. § 841(b)(1)(B) was constitutional.
• United States v. Miller
  821 F.2d 546· 11th Cir.· 1987-06-25 ·cited 56×
  The court held that the defendant had standing to challenge the search of a borrowed car and that the initial traffic stop was a pretext for an illegal search, rendering the subsequent consent invalid.
• United States v. Keck
  773 F.2d 759· 7th Cir.· 1985-08-30 ·cited 56×
  The court held that the indictment was not defective, the district court did not abuse its discretion in denying severance, admitting transcripts with speaker identities, or admitting certain conversations, and the jury instructions were proper.
• United States v. Dempsey Buford Merida
  765 F.2d 1205· 5th Cir.· 1985-06-27 ·cited 56×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court affirmed all convictions, finding no merit in the defendants' assignments of error regarding evidence admissibility, discovery violations, and cross-examination restrictions.
• United States v. Yater
  756 F.2d 1058· 5th Cir.· 1985-03-21 ·cited 56×
  A defendant waives the entrapment defense by pleading guilty, and a conditional plea under Rule 11(a)(2) does not preserve the entrapment issue for appeal. Furthermore, the government's conduct in this case did not rise to the level of outrageousness required to bar prosecution.
• United States v. Franklin
  728 F.2d 994· 8th Cir.· 1984-02-22 ·cited 56×
  The court held that the evidence was insufficient to prove intent to distribute cocaine, but the arrest and search incident to arrest were lawful. The conviction is reversed and remanded for entry of judgment on simple possession.
• United States v. McCOWN
  711 F.2d 1441· 9th Cir.· 1983-08-02 ·cited 56×
  The court held that the appellants' convictions were not violated by the Speedy Trial Act, that severance was not required, and that the indictment and evidence admitted were proper.
• United States v. Azhocar
  581 F.2d 735· 9th Cir.· 1978-06-16 ·cited 56×
  The court held that there was probable cause for the initial search of the vehicle and that the trial judge properly denied the motion for recusal.
• United States v. Rivera
  825 F.2d 152· 7th Cir.· 1987-07-20 ·cited 55×
  The court affirmed convictions and sentences, holding that warrantless entry into a hotel room was justified by exigent circumstances, seizure of suitcases was permissible under plain view, and the automobile exception allowed warrantless search of a vehicle.
• United States v. Rackley
  742 F.2d 1266· 11th Cir.· 1984-02-13 ·cited 55×
  The court held that neither appellant had a legitimate expectation of privacy to contest the search, and that the search was valid due to consent and subsequent warrants; however, the evidence was insufficient to convict Crosby.
• United States v. Martinez
  514 F.2d 334· 9th Cir.· 1975-02-28 ·cited 55×
  The court held that the jury instruction regarding inferring knowledge from driving was erroneous and prejudicial, requiring a new trial for Martinez. For Sidle, the evidence for the residue quantity was insufficient, and a prosecutor's improper argument required a new trial on t
• United States v. Osborne
  931 F.2d 1139· 7th Cir.· 1991-04-22 ·cited 54×
  The appellate court affirmed the validity of an antenuptial agreement but reversed the trial court's modification of its terms regarding alimony and its award of the marital home.
• United States v. Townley
  929 F.2d 365· 8th Cir.· 1991-03-27 ·cited 54×
  The court held that the search warrant was valid under the good faith exception and the evidence was sufficient for the firearm conviction, but reversed the sentencing enhancement based on uncharged drug quantities due to insufficient evidence.
• United States v. Young-Bey
  893 F.2d 178· 8th Cir.· 1990-01-04 ·cited 54×
  The court held that the defendant failed to establish a prima facie case of discrimination under Batson, and the evidence was sufficient to convict him of using a firearm during a drug trafficking offense.
• United States v. Lyman
  892 F.2d 751· 8th Cir.· 1989-12-29 ·cited 54×
  Mere possession of a firearm is insufficient for a conviction under 18 U.S.C. § 924(c)(1), but the totality of circumstances here, including the gun's location in the area of drug transactions, provided a sufficient nexus to infer intent to use.
• United States v. Davis
  882 F.2d 1334· 8th Cir.· 1989-08-22 ·cited 54×
  The court held that the search of the vehicle was a lawful inventory search, joinder and severance were proper, jury instructions were appropriate, evidence was admissible, and the wiretap was lawful.
• United States v. McKENNON
  814 F.2d 1539· 11th Cir.· 1987-04-20 ·cited 54×
  The court held that the defendant lacked a legitimate expectation of privacy in the searched luggage, and therefore lacked standing to challenge the search under the Fourth Amendment.
• United States v. Wajda
  810 F.2d 754· 8th Cir.· 1987-01-26 ·cited 54×
  The court affirmed the convictions, finding sufficient evidence for possession and conspiracy, probable cause for arrests and searches, and no prosecutorial misconduct.