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. Kloock
  652 F.2d 492· 5th Cir.· 1981-08-04 ·cited 40×
  The court held that the admission of a false driver's license was not plain error and that the evidence was sufficient to support the convictions for importation and possession of cocaine with intent to distribute.
• United States v. Berd
  634 F.2d 979· 5th Cir.· 1981-01-22 ·cited 40×·via Possession Of Cocaine Hydrochloride With Intent To Distribute
  The court held that the initial encounter was not a seizure, and subsequent detentions were supported by reasonable suspicion, rendering the search of the abandoned briefcase lawful.
• United States v. Weaver
  594 F.2d 1272· 9th Cir.· 1979-04-09 ·cited 40×·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that co-conspirator statements implicating the defendant were improperly admitted because there was insufficient independent evidence connecting the defendant to the conspiracy, and the remaining evidence was insufficient to support an aiding and abetting convictio
• United States v. Klein
  592 F.2d 909· 5th Cir.· 1979-04-09 ·cited 40×
  The court held that the patdown search and subsequent interrogation were constitutional, and the admission of the defendant's statements was proper.
• United States v. Smith
  557 F.2d 1206· 5th Cir.· 1977-08-22 ·cited 40×
  The court held that reasonable suspicion, not real suspicion, is the standard for strip searches at the border and that the defendant was not prejudiced by the government's failure to disclose certain statements prior to trial.
• United States v. Emery
  541 F.2d 887· 1st Cir.· 1976-09-24 ·cited 40×
  The court held that the warrantless insertion of an electronic beeper into contraband packages, which the appellant had no right to possess, did not violate his constitutional rights.
• United States v. LEE
  506 F.2d 111· D.C. Cir.· 1974-10-02 ·cited 40×
  The dissenting judge believes the case should be remanded for supplementation on factual issues regarding an addict-informant's testimony before a final decision on conviction.
• United States v. Trinity Rolando Cabezas-Montano
  949 F.3d 567· 11th Cir.· 2020-01-30 ·cited 39×
  Three defendants convicted of maritime drug trafficking under the Maritime Drug Law Enforcement Act (MDLEA) appealed their convictions and sentences for conspiracy to possess and possess with intent to distribute over five kilograms of cocaine aboard a stateless vessel in interna
• LEE v. State
  835 So. 2d 1177· Fla. 4th DCA· 2002-12-26 ·cited 39×·via Possession Of Cocaine With Intent To Sell
  Terrance Lee was convicted of marijuana possession after a single marijuana cigarette was found in his vehicle during an inventory search. The Fourth District Court of Appeal affirmed, holding that Lee's exclusive possession and control of the vehicle as sole driver and occupant
• United States v. Ross
  920 F.2d 1530· 10th Cir.· 1990-12-10 ·cited 39×
  The court held that the defendant's allegations of falsity in the search warrant affidavits were insufficient to warrant an evidentiary hearing and that the jury instructions were adequate. However, the court vacated one of the firearm convictions based on precedent regarding mul
• United States v. Lloyd
  868 F.2d 447· D.C. Cir.· 1989-02-28 ·cited 39×
  The court held that the police encounter did not constitute a Fourth Amendment seizure and that the defendant voluntarily consented to the search of his bag, thus the evidence was admissible. The conviction for failure to appear was also affirmed.
• United States v. Rory Allen Meeks
  857 F.2d 1201· 8th Cir.· 1988-09-23 ·cited 39×
  The court held that the district court did not err in admitting co-conspirator testimony, denying a motion for directed verdict due to insufficient evidence, or refusing to permit a witness to testify.
• United States v. Tunya Reginera Poitier
  818 F.2d 679· 8th Cir.· 1987-05-13 ·cited 39×
  The court held that the initial encounter was consensual, and the subsequent detention ripened into a lawful Terry-type stop only after the suspects provided inconsistent information, which, combined with drug courier profile characteristics, established reasonable suspicion.
• United States v. Mario-Fernandez Kincade
  714 F.2d 1064· 11th Cir.· 1983-09-12 ·cited 39×
  The acquittal of a co-defendant on a conspiracy charge does not render inadmissible co-conspirator statements used to convict the remaining defendant on other charges, and the evidence was sufficient to support the convictions.
• Kunta Muwwakil v. State
  435 So. 2d 304· Fla. 3d DCA· 1983-06-28 ·cited 39×·via Possession Of Cocaine With Intent To Sell
  Appellant was convicted of trafficking in cocaine, possession of cocaine with intent to sell, and possession of marijuana with intent to sell after a drug raid on his apartment. The court affirmed the trafficking conviction but reversed the conviction and sentence for possession
• United States v. Fleming
  677 F.2d 602· 7th Cir.· 1982-05-10 ·cited 39×
  The court held that the warrantless arrests and subsequent searches of paper bags were lawful as incidents to arrest, and the entry into Fleming's home was justified by exigent circumstances. Evidence was sufficient for conviction and forfeiture.
• United States v. Sanchez
  635 F.2d 47· 2d Cir.· 1980-09-09 ·cited 39×
  The court held that the district court did not apply the correct standard for determining voluntary consent to search Sanchez's apartment, vacating Sanchez and Alvarez's convictions. The convictions of Maldonado, Delgado, and Dominguez were affirmed.
• United States v. Ofelia Herrera
  931 F.2d 761· 11th Cir.· 1991-05-16 ·cited 38×
  The court held that the evidence was sufficient to sustain the conviction and that the defendant failed to exhaust administrative remedies for credit for time spent on electronic monitoring.
• United States v. Lamon
  930 F.2d 1183· 7th Cir.· 1991-04-22 ·cited 38×
  The court held that the evidence was insufficient to support a conspiracy conviction, and the derivative firearms conviction must also be reversed, but the forfeiture order could stand based on the possession conviction.
• United States v. MIR
  919 F.2d 940· 5th Cir.· 1990-12-11 ·cited 38×
  The court held that the district court did not err in considering unadjudicated conduct to calculate the defendant's base offense level and in applying an upward adjustment for his leadership role in a drug conspiracy.
• United States v. Ivey
  915 F.2d 380· 8th Cir.· 1990-09-27 ·cited 38×
  The court held that the evidence was sufficient to support the convictions of Ivey, Johnson, and Nance for drug-related offenses, and that the district court properly applied the inevitable discovery doctrine.
• United States v. Ancesar Camargo
  908 F.2d 179· 7th Cir.· 1990-07-23 ·cited 38×
  The court held that the district court did not err in admitting and allowing the use of translated transcripts of Spanish conversations, refusing a defense transcript, responding to a jury question, finding sufficient evidence for constructive possession, or in sentencing decisio
• United States v. Schaper
  903 F.2d 891· 2d Cir.· 1990-05-16 ·cited 38×
  The court held that exigent circumstances justified the warrantless entry and that the defendant's consent to search was voluntary, affirming the denial of the suppression motion. However, the court reversed the sentence, finding the district court misapplied the Sentencing Guide
• United States v. Ingrao
  897 F.2d 860· 7th Cir.· 1990-02-27 ·cited 38×
  The court held that the observed facts were insufficient to establish probable cause for Ingrao's arrest, thus violating the Fourth Amendment.
• The United States v. Rosa
  891 F.2d 1063· 3d Cir.· 1989-12-08 ·cited 38×
  The court held that the district court did not err in denying a bill of particulars without demonstrated prejudice, and that the admission of a polygraph clause in a plea agreement was not reversible error. However, the court vacated Perrino's sentence due to a violation of Rule
• United States v. Donato Battista
  876 F.2d 201· D.C. Cir.· 1989-06-02 ·cited 38×
  The court held that the evidence obtained from the search of the defendant's train compartment and luggage was admissible because the defendant voluntarily consented to the search.
• United States v. Emmert
  829 F.2d 805· 9th Cir.· 1987-10-02 ·cited 38×
  The court held that the trial court did not err in excluding testimony regarding threats made to a co-conspirator not directly communicated to the defendant, nor did the government's conduct violate due process.
• United States v. Lopez
  758 F.2d 1517· 11th Cir.· 1985-04-29 ·cited 38×·via Possession Of Cocaine Hydrochloride With Intent To Distribute
  The court held that the co-conspirator statements were admissible, fingerprint evidence was properly admitted, and jury instructions were adequate, affirming the conviction.
• United States v. Cordell
  723 F.2d 1283· 7th Cir.· 1983-12-12 ·cited 38×
  The court held that the defendant was not illegally detained and that there was sufficient evidence to prove knowing possession of the cocaine.
• United States v. Clement Kolodziej
  706 F.2d 590· 5th Cir.· 1983-06-06 ·cited 38×
  The court held that Jody Caddell's consent to tape-recorded calls was voluntary, but the search warrant affidavit lacked probable cause due to insufficient underlying circumstances from the informants.
• United States v. Garnet Dwight Everroad
  704 F.2d 403· 8th Cir.· 1983-04-06 ·cited 38×
  The court held that law enforcement officials lacked probable cause to arrest Everroad without a warrant, rendering the subsequent seizure of evidence unlawful.
• United States v. Talavera
  668 F.2d 625· 1st Cir.· 1982-01-14 ·cited 38×
  The court affirmed the convictions, finding that the joinder of defendants and offenses was proper, the denial of severance was not an abuse of discretion, and the admission of evidence regarding a heroin episode was not reversible error given the overwhelming evidence of guilt.
• United States v. Nunez-Rios
  622 F.2d 1093· 2d Cir.· 1980-05-22 ·cited 38×
  The court held that the trial court did not err in refusing to instruct the jury on government over-involvement as a defense for Oscar, and that the prosecutor's comment on Miladys' post-arrest, pre-Miranda silence was improper but harmless error.
• United States v. Lawriw
  568 F.2d 98· 8th Cir.· 1977-12-30 ·cited 38×
  The court held that the district court's inquiry into the potential conflict of interest arising from joint representation was sufficient to establish a knowing and intelligent waiver of the right to separate counsel.
• United States v. Jim Ladesma [Ledesma]
  499 F.2d 36· 9th Cir.· 1974-05-21 ·cited 38×
  The court held that the independent evidence against Quiroz-Santi was insufficient to sustain his conviction for conspiracy.
• United States v. Joly
  493 F.2d 672· 2d Cir.· 1974-03-12 ·cited 38×
  The court held that the jury instructions regarding 'guilty knowledge,' including the concept of deliberate ignorance, were proper and did not constitute plain error, and that the charge as a whole correctly conveyed the standard of proof.
• United States v. Lucio Arenas-Granada and Carlos Arthur Espinosa-Ochoa
  487 F.2d 858· 5th Cir.· 1973-12-04 ·cited 38×
  The court held that a brief, unsolicited mention of a 'gram scale' found in the defendant's apartment, followed by a strong curative jury instruction, did not constitute reversible error given the overwhelming evidence of guilt.
• United States v. Suarez
  487 F.2d 236· 5th Cir.· 1973-11-14 ·cited 38×
  The court held that a witness's violation of a sequestration order, when corrected, does not automatically warrant reversal, and that circumstantial evidence must be sufficient to eliminate all reasonable doubt for a conviction.
• United States v. Kapperman
  764 F.2d 786· 11th Cir.· 1985-07-01 ·cited 37×
  The court held that the initial stop and subsequent detention of the defendants were lawful, and the search of the vehicle, including the suitcase, was valid based on consent.
• Schaffer v. State
  769 So. 2d 496· Fla. 4th DCA· 2000-10-18 ·cited 36×·via Possession Of Cocaine With Intent To Sell
  Charles Schaffer was convicted of cocaine possession with intent to deliver based partly on hearsay testimony from officers regarding statements made by a confidential informant who did not testify at trial. The Fourth District Court of Appeal reversed and remanded for a new tria
• United States v. Davern
  970 F.2d 1490· 6th Cir.· 1992-07-21 ·cited 36×
  The court errs in narrowly prescribing factors district courts may consider in sentencing, misinterpreting Congress's language regarding the sentencing guidelines.
• United States v. Bienvenido Duarte
  950 F.2d 1255· 7th Cir.· 1991-12-10 ·cited 36×
  The court affirmed the conviction but vacated the sentence, finding the district court improperly applied the Sentencing Guidelines by basing the sentence on drug transactions not proven to be part of the same course of conduct as the convicted offenses.
• United States v. Ramos
  933 F.2d 968· 11th Cir.· 1991-06-18 ·cited 36×
  The court held that the district court properly denied the motion to suppress, limited defense witness testimony, excluded polygraph evidence, and correctly refused to investigate agents' conduct.
• United States v. DE LA Rosa
  922 F.2d 675· 11th Cir.· 1991-01-28 ·cited 36×
  The dissent argues that the majority erred in finding no Fourth Amendment seizure occurred, asserting that the circumstances would lead a reasonable person to believe they were not free to leave.
• United States v. Johnson
  906 F.2d 1285· 8th Cir.· 1990-07-03 ·cited 36×
  The court held that the district court did not abuse its discretion in refusing to strike a potentially biased juror for cause, that the evidence was sufficient to support convictions, and that sentencing calculations were proper.
• United States v. Andes-Mar Pereira Barbosa
  906 F.2d 1366· 9th Cir.· 1990-06-28 ·cited 36×
  The court held that there was sufficient evidence to support the conviction for importation and possession of cocaine, and that the sentencing enhancement for obstruction of justice based on false trial testimony was proper.
• United States v. Vazzano
  906 F.2d 879· 2d Cir.· 1990-06-22 ·cited 36×
  The court held that the district court did not commit clear error in including quantities of cocaine not charged in the indictment, but established by a preponderance of the evidence and found to be part of the same course of conduct, in calculating the defendant's base offense l
• United States v. Thame
  846 F.2d 200· 3d Cir.· 1988-05-16 ·cited 36×
  The court held that the district court did not err in refusing to suppress the cocaine, as the defendant's consent to the sniff test was voluntary and not the product of an unlawful detention, and that the prosecutor's argument regarding the defendant's assertion of Fourth Amendm
• United States v. Gonzales
  842 F.2d 748· 5th Cir.· 1988-04-01 ·cited 36×
  The court held that the DEA officers had reasonable suspicion to detain the defendant and that her consent to search her bag was voluntary, thus affirming the denial of her motion to suppress.
• United States v. Rodriguez
  831 F.2d 162· 7th Cir.· 1987-10-02 ·cited 36×
  The court held that the evidence obtained from the investigatory stop was admissible under the inevitable discovery doctrine, and that sufficient evidence supported the convictions for possession with intent to distribute and aiding and abetting.