Possession With Intent To Distribute

2,528 Florida cases classified under this topic · sorted by citation count

• United States v. Novey
  922 F.2d 624· 10th Cir.· 1991-01-03 ·cited 28×
  The court held that the government complied with 21 U.S.C. § 851 notice requirements by alleging one prior conviction when the career offender sentence was within the statutory maximum. The court remanded for further fact-finding regarding restitution based on intervening Supreme
• United States v. Roberts
  913 F.2d 211· 5th Cir.· 1990-09-19 ·cited 28×
  The court held that the government's use of peremptory strikes did not violate Batson, the ex parte communication with the jury case manager did not constitute reversible error, and the evidence was sufficient to support the defendants' convictions.
• United States v. W.J. Poston
  902 F.2d 90· D.C. Cir.· 1990-05-04 ·cited 28×
  The court held that the evidence was sufficient to support a conviction for aiding and abetting possession of PCP with intent to distribute, and that the trial court did not abuse its discretion in denying a continuance or in its handling of the sentencing promise claim.
• United States v. Hays
  899 F.2d 515· 6th Cir.· 1990-03-29 ·cited 28×
  The court should reverse the district court's sentence because it was not at or near the maximum term authorized by statute for a career offender.
• United States v. Candito
  892 F.2d 182· 2d Cir.· 1989-12-14 ·cited 28×
  The court held that the district court properly calculated the defendant's sentence under the Sentencing Guidelines by including all foreseeable drug transactions and that findings supporting the sentence need only be proven by a preponderance of the evidence.
• United States v. Evans
  888 F.2d 891· D.C. Cir.· 1989-11-03 ·cited 28×
  The court affirmed convictions, finding sufficient evidence and no plain error in jury instructions or evidentiary rulings.
• United States v. Solis
  882 F.2d 693· 2d Cir.· 1989-08-15 ·cited 28×
  The court affirmed the conviction but remanded for resentencing, finding sufficient evidence for conviction but issues with the original sentencing under the Sentencing Guidelines.
• United States v. Audelio Arzola-Amaya
  867 F.2d 1504· 5th Cir.· 1989-03-08 ·cited 28×
  The court held that the evidence was sufficient to sustain the convictions of the appellants and that the trial court did not err in denying requests to poll the jury regarding mid-trial publicity.
• United States v. M.K. Fadel
  844 F.2d 1425· 10th Cir.· 1988-04-22 ·cited 28×
  The court held that the district court erred in dismissing the indictment, as the undercover officer's testimony was sufficient to create a factual question regarding the defendant's predisposition to commit the crime, thus requiring a trial.
• United States v. Rivera
  837 F.2d 906· 10th Cir.· 1988-01-20 ·cited 28×
  The admission of evidence of uncharged drug offenses to prove the continuing series element of a Continuing Criminal Enterprise (CCE) charge was improper because the indictment failed to provide adequate notice of such proof, violating the defendant's Sixth Amendment right to be
• United States v. Holm
  836 F.2d 1119· 8th Cir.· 1988-01-07 ·cited 28×
  The court held that the circumstantial evidence was sufficient to establish that the defendant had constructive possession of the drugs found in the house.
• United States v. Springer
  831 F.2d 781· 8th Cir.· 1987-10-20 ·cited 28×
  The court held that the district court did not err in denying the defendant's motions for judgment of acquittal and that the defendant's Sixth Amendment right to confrontation was not violated.
• United States v. Adalberto Gallo-Roman
  816 F.2d 76· 2d Cir.· 1987-04-08 ·cited 28×
  The court held that exigent circumstances justified the warrantless search of the appellant's apartment and that the failure to record a portion of an oral statement does not require suppression of testimony about the unrecorded part. The court also held that a special parole ter
• United States v. Binker
  795 F.2d 1218· 5th Cir.· 1986-08-05 ·cited 28×
  The court held that the government's use of plea agreements and the admission of an unredacted plea agreement did not constitute reversible error, considering the context and jury instructions.
• United States v. Ciampa
  793 F.2d 19· 1st Cir.· 1986-06-05 ·cited 28×
  The court held that the warrant affidavit provided sufficient probable cause and that the trial judge's conduct did not deprive the defendant of a fair trial.
• United States v. Palow
  777 F.2d 52· 1st Cir.· 1985-11-14 ·cited 28×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on severance, informant testimony, jury instructions, admission of statements, or ineffective assistance of counsel.
• United States v. Bent-Santana
  774 F.2d 1545· 11th Cir.· 1985-11-04 ·cited 28×
  Assent to board and search a foreign flag vessel by a duly authorized official of that foreign government, communicated verbally or in writing to appropriate United States Department of State personnel, is adequate to meet the terms of 19 U.S.C.A. § 1401(j), supporting a convicti
• United States v. Herminio Hernandez
  750 F.2d 1256· 5th Cir.· 1985-01-03 ·cited 28×
  The court held that the admission of inadmissible hearsay testimony, which was then emphasized in closing arguments, denied the defendant a fair trial, requiring reversal of the conviction.
• United States v. Bain
  736 F.2d 1480· 11th Cir.· 1984-07-24 ·cited 28×
  The court held that the evidence was sufficient to support convictions for conspiracy and possession with intent to distribute methaqualone, the warrantless search of the vessel was permissible under the Fourth Amendment due to probable cause and exigent circumstances, and a witn
• United States v. Elkins
  732 F.2d 1280· 6th Cir.· 1984-04-26 ·cited 28×
  The court affirmed Elkins' convictions on all counts and Dichtel's conviction as an accessory after the fact, but reversed Dichtel's convictions for distribution and aiding and abetting due to insufficient evidence.
• United States v. Simmons
  725 F.2d 641· 11th Cir.· 1984-02-24 ·cited 28×
  The court held that the government does not need to prove a defendant's knowledge of the specific quantity of marijuana involved to secure a conviction for conspiracy to possess with intent to distribute, as the quantity provision relates to sentencing enhancement. The court also
• United States v. Koua Thao
  712 F.2d 369· 8th Cir.· 1983-07-21 ·cited 28×
  The court held that the evidence was sufficient to support a conviction for possession with intent to distribute opium but insufficient for convictions related to using the mail to facilitate the possession and importation of opium.
• United States v. Campos
  698 F.2d 227· 5th Cir.· 1983-01-28 ·cited 28×
  The court held that the Sierra Blanca checkpoint is the functional equivalent of the border and that sufficient evidence supported the convictions.
• United States v. Garzon
  688 F.2d 607· 9th Cir.· 1982-09-20 ·cited 28×
  The court held that giving a "conscious avoidance" jury instruction was prejudicial error because there was insufficient evidence to support a finding that the defendant deliberately avoided learning the truth.
• United States v. Sangmeister
  685 F.2d 1124· 9th Cir.· 1982-08-31 ·cited 28×
  The court should reverse a defendant's conviction when the jury cannot reach a verdict on the defendant's only possible co-conspirator.
• United States v. Wentz
  686 F.2d 653· 8th Cir.· 1982-08-25 ·cited 28×
  The court held that the district court did not err in denying the motion to suppress evidence, admitting a composite tape of wiretapped conversations, or refusing a new trial based on prosecutorial misconduct.
• United States v. Collins
  652 F.2d 735· 8th Cir.· 1981-06-23 ·cited 28×
  The court held that the trial court did not err in its jury instructions, admission of evidence, or limitations on cross-examination, and that the indictment provided sufficient notice of the charges.
• United States v. Alvarado
  647 F.2d 537· 5th Cir.· 1981-06-08 ·cited 28×
  The court held that the trial court did not abuse its discretion in transferring venue, excusing witnesses, admitting identification testimony, or finding the evidence sufficient for conviction.
• United States v. Espericueta-Reyes
  631 F.2d 616· 9th Cir.· 1980-10-29 ·cited 28×
  The court held that subsequent searches of a vehicle after an initial border crossing can be considered valid 'extended border searches' if reasonably related in time and distance to the border, and that brief detentions and questioning during such searches do not require Miranda
• United States v. Amparo Forero-Rincon
  626 F.2d 218· 2d Cir.· 1980-06-16 ·cited 28×
  The court held that the DEA agent had reasonable suspicion to conduct an investigatory stop and that the defendant voluntarily consented to the search of her bag, thus affirming the conviction.
• United States v. Dohm
  618 F.2d 1169· 5th Cir.· 1980-06-13 ·cited 28×
• United States v. Korman
  614 F.2d 541· 6th Cir.· 1980-01-31 ·cited 28×
  The court held that a warrantless entry to 'secure' premises pending a search warrant is an unconstitutional search under the Fourth Amendment, and evidence obtained from such entry must be suppressed.
• United States v. McGUIRE
  608 F.2d 1028· 5th Cir.· 1979-12-26 ·cited 28×
  The court held that McGuire's severance and hearsay objections were properly denied, and Rivera's conviction for conspiracy was supported by sufficient evidence, but his convictions for distribution and possession were not.
• United States v. Sherron Basey
  613 F.2d 198· 9th Cir.· 1979-12-17 ·cited 28×
  The court held that the evidence was sufficient to sustain the convictions, and the admission of the voice identification, chemist's report, and driver's license was not erroneous.
• United States v. Durades
  607 F.2d 818· 9th Cir.· 1979-09-14 ·cited 28×
  The court held that a prejudicial variance between the indictment and the government's proof regarding the existence of a single conspiracy infringed the defendant's venue rights.
• United States v. Groomer
  596 F.2d 356· 9th Cir.· 1979-05-02 ·cited 28×
  The court held that the warrantless arrest and search incident to arrest were lawful, and the evidence was sufficient to sustain Markovich's conviction for possession with intent to distribute.
• United States v. Vomero
  567 F.2d 1315· 5th Cir.· 1978-02-16 ·cited 28×
  The court held that there was sufficient evidence to convict the defendant of drug possession with intent to distribute and distribution, and that his claims regarding hearsay and chain of custody were without merit.
• United States v. Herron
  567 F.2d 510· D.C. Cir.· 1977-08-01 ·cited 28×
  The court affirmed the conviction, finding that prior precedent compelled the conclusion that the evidence presented was sufficient to establish a prima facie case of constructive possession.
• United States v. Craemer
  555 F.2d 594· 6th Cir.· 1977-05-11 ·cited 28×
  The court held that the facts known to the agents at the time of the search did not amount to probable cause, thus affirming the suppression of the seized evidence.
• United States v. Griffith
  537 F.2d 900· 7th Cir.· 1976-07-01 ·cited 28×
  A warrantless search of a motel room incident to arrest is unlawful if it extends beyond the arrestee's person and the area within his immediate control, as defined by Chimel v. California.
• United States v. Meril Martinez Rangel
  534 F.2d 147· 9th Cir.· 1976-03-29 ·cited 28×
  The court held that the trial court did not err in refusing to compel disclosure of an informant's identity, admitting hearsay statements, or denying the entrapment defense as a matter of law.
• United States v. Velga Lisa Elksnis
  528 F.2d 236· 9th Cir.· 1975-12-24 ·cited 28×
  The court held that the defendant's pre-search declaration of contraband did not preclude her conviction for illegal importation, and that her trial counsel was not incompetent.
• United States v. Wiley
  519 F.2d 1348· 2d Cir.· 1975-07-29 ·cited 28×
  The court held that the evidence was sufficient to support the convictions and that the trial court properly applied the 'fair preponderance' standard for admitting co-conspirator hearsay statements.
• United States v. Laca
  499 F.2d 922· 5th Cir.· 1974-08-28 ·cited 28×
  Convictions are affirmed, but sentences are vacated and remanded for resentencing because the trial court improperly considered defendants' lack of repentance and refusal to confess as factors in sentencing, violating their Fifth Amendment rights.
• The United States v. Eloy Baca
  494 F.2d 424· 10th Cir.· 1974-04-11 ·cited 28×
  The court held that the trial court did not err in denying a bill of particulars, refusing to disclose an informer's identity prior to trial, or in excusing a juror mid-trial. The defendant's absence from an in camera discussion regarding the juror's excusal was not prejudicial.
• United States v. Martin
  489 F.2d 674· 9th Cir.· 1973-12-17 ·cited 28×
  The court held that the admission of testimony regarding the defendant's attempt to cover up the crime was proper, and that the defendant was not denied due process or effective assistance of counsel.
• United States v. KIN Ping Cheung and Sammy Cho
  485 F.2d 689· 5th Cir.· 1973-10-31 ·cited 28×
  The court held that the district court erred in declaring a mistrial without manifest necessity, thus violating the defendants' double jeopardy rights upon retrial.
• United States v. Olie Duane Jones, Sr.
  480 F.2d 954· 5th Cir.· 1973-07-11 ·cited 28×
  The court held that the evidence supported a single conspiracy conviction and that the trial court did not err in admitting evidence or denying discovery motions.
• United States v. Valot
  481 F.2d 22· 2d Cir.· 1973-06-27 ·cited 28×
  Consecutive sentences for importation and possession of hashish aboard an aircraft are unlawful as the offenses merge, but consecutive sentences for importation and possession with intent to distribute are permissible. The speedy trial rules were not violated due to exceptional c
• United States v. Mahecha-Onofre
  936 F.2d 623· 1st Cir.· 1991-06-20 ·cited 27×
  The court held that the evidence was sufficient to support the conviction, the suitcases were properly authenticated, and the total weight of the cocaine-bonded suitcases was correctly used for sentencing.