Possession With Intent To Distribute Crack Cocaine

36 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Guerra
  888 F.2d 247· 2d Cir.· 1989-10-23 ·cited 94×
  The preponderance of the evidence standard satisfies due process for determining "relevant conduct" under the Sentencing Guidelines, not proof beyond a reasonable doubt.
• United States v. Thomas
  900 F.2d 37· 4th Cir.· 1990-04-05 ·cited 21×
  The court held that the mandatory minimum sentence for crack cocaine offenses does not violate the Eighth Amendment or the Equal Protection Clause, and that a conspiracy conviction can stand despite the acquittal of a co-conspirator.
• United States v. Lucas
  932 F.2d 1210· 8th Cir.· 1991-04-26 ·cited 17×
  The court affirmed convictions and sentences, except for specific sentencing enhancements on certain counts, which were vacated and remanded for resentencing.
• United States v. Samuels
  938 F.2d 210· D.C. Cir.· 1991-06-21 ·cited 14×
  The court held that the denial of the motion to suppress was proper, but the sentence was improperly based on a misinterpretation of the Sentencing Guidelines regarding prior juvenile convictions.
• United States v. Williams
  963 F.2d 1337· 10th Cir.· 1992-05-05 ·cited 13×
  The court held that the district court erred in finding a due process violation based on the referral to federal prosecution and improperly departed from sentencing guidelines. The court also held that the district court did not abuse its discretion in excluding evidence of juven
• United States v. Beckham
  968 F.2d 47· D.C. Cir.· 1992-06-19 ·cited 12×
  The court affirmed the conviction, holding that a co-conspirator's statement was admissible as an adoptive admission, but remanded for resentencing because the district court misunderstood its authority to depart downward under the Sentencing Guidelines.
• United States v. Rogers
  918 F.2d 207· D.C. Cir.· 1990-11-09 ·cited 12×
  The court held that evidence of prior drug distribution and beeper possession was admissible under Federal Rules of Evidence 404(b) and 403, and that sufficient evidence supported the jury's verdict for drug distribution within a school zone.
• United States v. Byfield
  928 F.2d 1163· D.C. Cir.· 1991-03-29 ·cited 10×
  The court held that a district court, when ruling on a motion for judgment of acquittal notwithstanding the verdict, must consider the entire trial record, not just the government's case-in-chief.
• United States v. Knox
  888 F.2d 585· 8th Cir.· 1989-11-03 ·cited 10×
  The court held that the totality of circumstances, including informant tips, officer observations, and appellant's conduct, established probable cause for her arrest, and the evidence was sufficient to support her conviction for possession with intent to distribute crack cocaine.
• United States v. DeShawn Lee Robinson
  978 F.2d 1554· 10th Cir.· 1992-11-02 ·cited 8×
  The court held that admitting gang affiliation evidence as substantive proof of guilt was improper, and that the prosecution breached a plea agreement with a defendant.
• United States v. Brown
  923 F.2d 109· 8th Cir.· 1991-01-11 ·cited 8×
  The court held that the evidence seized from the vehicle was admissible based on probable cause and that evidence of subsequent drug possession was admissible under Federal Rule of Evidence 404(b) to show intent. The court also held that the informant's testimony was not hearsay
• United States v. Haynes
  985 F.2d 65· 2d Cir.· 1993-02-03 ·cited 6×
  The court held that 'youthful lack of guidance,' prosecutorial choice of federal over state jurisdiction, and the discriminatory impact of crack cocaine penalties are not valid grounds for downward departure from the sentencing guidelines.
• United States v. Gale
  952 F.2d 1412· D.C. Cir.· 1992-01-14 ·cited 6×
  The court held that the physical evidence seized and the defendant's fourth statement were admissible, affirming the district court's ruling.
• United States v. Pettit
  938 F.2d 175· 10th Cir.· 1991-07-03 ·cited 6×
  The court held that the district court did not err in enhancing the defendant's criminal history score for a prior misdemeanor conviction and for committing the instant offense while under a criminal justice sentence.
• United States v. Eubanks
  876 F.2d 1514· 11th Cir.· 1989-07-11 ·cited 6×
  The court held that the evidence was legally obtained and the prosecutor's improper question about prior arrests was harmless error, thus affirming the conviction.
• United States v. Foote
  920 F.2d 1395· 8th Cir.· 1990-12-10 ·cited 5×
  The court held that the district court did not abuse its discretion in denying severance, admitting the affidavit, or in sentencing the defendants, and that the evidence was sufficient to support the convictions.
• United States v. Williams
  985 F.2d 749· 5th Cir.· 1993-02-24 ·cited 4×
  The court held that the evidence was sufficient to support convictions for drug offenses but reversed convictions for firearm offenses due to a defective jury instruction and insufficient evidence for two defendants.
• United States v. Ellis
  975 F.2d 1061· 4th Cir.· 1992-09-17 ·cited 4×
  A district court may not depart downward based on disparities in sentences among co-defendants absent proof of actual prosecutorial misconduct.
• United States v. Johnson
  961 F.2d 1488· 10th Cir.· 1992-04-15 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion to substitute counsel and that sufficient evidence supported the conviction under the Travel Act.
• United States v. Brookins
  919 F.2d 281· 5th Cir.· 1990-11-30 ·cited 4×
  The court held that the trial judge did not err in admitting evidence of prior bad acts and that the evidence was sufficient to support the conviction.
• United States v. Sharpe Pitts, Jr.
  918 F.2d 197· D.C. Cir.· 1990-11-06 ·cited 4×
  The court held that a missing witness instruction and argument are improper when the absent witness could only support the defendant's version of events by incriminating themselves.
• United States v. Williams
  372 F. Supp. 2d 1335· M.D. Fla.· 2005-05-05 ·cited 2×
  The court held that the government's policy of treating sentencing guidelines as mandatory post-Booker contradicts Supreme Court precedent and infringes upon the judiciary's independent sentencing function.
• United States v. Broadwater
  151 F.3d 1359· 11th Cir.· 1998-08-28 ·cited 2×
  Ronald Broadwater was convicted of possession with intent to distribute crack cocaine and challenged his retrial on speedy trial grounds under 18 U.S.C. § 3161. The Eleventh Circuit affirmed, holding that the district court properly excluded time periods related to pretrial motio
• United States v. Monroe
  978 F.2d 433· 8th Cir.· 1992-10-29 ·cited 2×
  The court held that the district court applied the wrong proof standard for sentencing and the evidence was equivocal, requiring remand for reconsideration.
• United States v. Saturno Hechavarria
  960 F.2d 736· 8th Cir.· 1992-03-31 ·cited 2×
  The court held that the defendant's conviction and sentence were not prejudiced by any errors, affirming the trial court's decision.
• United States v. McNEAL
  955 F.2d 1067· 6th Cir.· 1992-02-03 ·cited 2×
  The dissent argues that the majority's reasoning improperly extends the Terry stop doctrine into private residences and misapplies the totality of the circumstances test, thereby eroding Fourth Amendment protections.
• United States v. Campbell
  935 F.2d 39· 4th Cir.· 1991-06-05 ·cited 2×
  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. Connie Clark (90-3153) & Cliffton Clark (90-3312)
  928 F.2d 733· 6th Cir.· 1991-03-21 ·cited 2×
  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. Houser
  70 F.3d 87· 11th Cir.· 1995-11-30
  Five defendants appealed their guilty pleas and sentences in a cocaine trafficking conspiracy case. The Eleventh Circuit affirmed their convictions and sentences, holding that the sentencing guidelines do not require capping offense levels at 43 before applying downward adjustmen
• United States v. Mitchell
  996 F.2d 419· D.C. Cir.· 1993-07-02
  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
  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. Lincoln
  992 F.2d 356· D.C. Cir.· 1993-05-14
  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. Barth
  990 F.2d 422· 8th Cir.· 1993-04-06
  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. Trimble
  986 F.2d 394· 10th Cir.· 1993-02-18
  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. Durrell Levon Stanton
  975 F.2d 479· 8th Cir.· 1992-09-11
  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.