Possession With Intent To Distribute

2,534 Florida cases classified under this topic, plus 1,907 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. DeSIMONE
  660 F.2d 532· 5th Cir.· 1981-11-02 ·cited 133×
  The court held that the evidence was insufficient to support DeSimone's conviction for conspiracy and importation, requiring reversal. However, the evidence was sufficient to support Waldon's conviction for conspiracy and importation.
• United States v. Hooks
  780 F.2d 1526· 10th Cir.· 1986-01-06 ·cited 132×
  The court held that the evidence was legally sufficient to sustain the conviction for possession with intent to distribute PCP, and that the prosecutor's remarks and certain testimony did not constitute plain error.
• United States v. Bertolotti
  529 F.2d 149· 2d Cir.· 1975-11-10 ·cited 131×
  The court affirmed convictions for some defendants and reversed and remanded for a new trial for others.
• United States v. Estepa
  471 F.2d 1132· 2d Cir.· 1972-12-29 ·cited 131×
  The court held that the indictment must be dismissed because the grand jury presentation was improper due to the prosecutor's misleading use of hearsay testimony.
• United States v. Andrus
  775 F.2d 825· 7th Cir.· 1985-10-22 ·cited 129×·via Possession With Intent To Distribute Cocaine
  The court held that the trial court did not err in admitting coconspirator statements under Fed.R.Evid. 801(d)(2)(E) and that the procedures used to determine admissibility did not violate defendants' rights.
• United States v. Otero
  868 F.2d 1412· 5th Cir.· 1989-03-23 ·cited 128×
  The court held that the district court erred by not affording the defendant an opportunity to dispute the factual basis for an upward departure based on cocaine purity.
• United States v. Garza
  608 F.2d 659· 5th Cir.· 1979-12-21 ·cited 128×·via Possession Of Heroin With Intent To Distribute
  Improper prosecutorial comments during closing arguments, which personally vouched for witness credibility and suggested the government had already determined guilt, constituted plain error affecting substantial rights, requiring reversal of the conviction.
• United States v. Alfrey
  620 F.2d 551· 5th Cir.· 1980-07-03 ·cited 127×·via Possession Of Marijuana With Intent To Distribute
  The court held that Customs officers have statutory authority to board vessels sighted in customs waters for document checks, and that the plain view doctrine and exigent circumstances justified the subsequent warrantless search. The court also reversed convictions for importatio
• United States v. Thurnell Alston
  895 F.2d 1362· 11th Cir.· 1990-03-08 ·cited 125×·via Possession With Intent To Distribute Cocaine
  The court held that a defendant must satisfactorily establish concrete facts for comparison to prove pretext in a Batson claim.
• United States v. Ramirez
  710 F.2d 535· 9th Cir.· 1988-07-12 ·cited 125×·via Possession Of Marijuana With Intent To Distribute
  The court held that the police conduct did not violate due process or supervisory power, the admission of a confession was harmless error, jury instructions were adequate, the jury was not coerced, the indictment contained no prejudicial surplusage, and the evidence was sufficien
• United States v. Griffin
  818 F.2d 97· 1st Cir.· 1987-04-23 ·cited 124×·via Possession Of Marijuana With Intent To Distribute
  The court held that most of the defendant's claims were procedurally defaulted and not reviewable as plain error, and the remaining evidentiary rulings were either properly admitted or not preserved for appeal.
• United States v. Williams
  604 F.2d 1102· 8th Cir.· 1979-08-21 ·cited 124×
  The court held that the trial court did not err in admitting coconspirator statements after finding sufficient independent evidence of conspiracy and did not abuse its discretion in refusing to poll the jury regarding prejudicial publicity unrelated to the defendants.
• United States v. Vasquez
  638 F.2d 507· 2d Cir.· 1980-12-29 ·cited 123×
  The court affirmed convictions for Vasquez, Sanchez, and the Mesas, but vacated Amparo Medina's conviction and remanded for further proceedings.
• United States v. Chan Walker Zielie
  734 F.2d 1447· 11th Cir.· 1984-06-25 ·cited 122×·via Possession Of Marijuana With Intent To Distribute
  The court affirmed most convictions but vacated one, finding no violations of speedy trial, self-representation, opening statement, co-conspirator statement admissibility, sufficiency of evidence, forfeiture, double jeopardy, or jury communication rights.
• United States v. Walker
  720 F.2d 1527· 11th Cir.· 1983-12-12 ·cited 122×·via Possession Of Marijuana With Intent To Distribute
  The court affirmed convictions, finding no merit in challenges to severance, Brady violations, hearsay admissibility, or sufficiency of evidence.
• United States v. Barrera
  547 F.2d 1250· 5th Cir.· 1977-03-03 ·cited 122×
  The court held that the evidence was insufficient to support the convictions for conspiracy to possess and possession with intent to distribute heroin.
• United States v. Susanne M. Hutchinson
  488 F.2d 484· 8th Cir.· 1973-12-05 ·cited 122×·via Possession With Intent To Distribute Cocaine
  The court held that the entry by an undercover agent invited into a home for a drug transaction did not require announcement under 18 U.S.C. § 3109, and that sufficient evidence supported the convictions for possession with intent to distribute and conspiracy.
• United States v. Cervantes
  878 F.2d 50· 2d Cir.· 1989-06-14 ·cited 120×·via Possession With Intent To Distribute Cocaine
  A district court must adequately articulate the grounds for an upward departure from the Sentencing Guidelines, perform the mandatory § 4A1.3 analysis, and provide defense counsel proper notice and opportunity to be heard.
• United States v. Ryan
  866 F.2d 604· 3d Cir.· 1989-01-26 ·cited 120×
  The court held that a district court's departure from the sentencing guidelines based on drug quantity, purity, and packaging was not unreasonable, as the Sentencing Commission did not adequately consider these factors for simple possession offenses.
• United States v. Wilson
  657 F.2d 755· 5th Cir.· 1981-09-30 ·cited 120×
  The court held that while the evidence was sufficient to convict appellants on the conspiracy charge, it was insufficient for the possession and distribution charges against Wilson, and the possession charge against Hendrix. Joinder and severance issues were found to be without m
• United States v. Natividad Ocanas
  628 F.2d 353· 5th Cir.· 1980-10-14 ·cited 120×
  The court held that the superseding indictment was valid, the evidence was sufficient, and the trial court did not err in admitting testimony or denying severance, thus affirming the convictions.
• United States v. Cruz
  805 F.2d 1464· 11th Cir.· 1986-12-16 ·cited 119×
  Convictions for using a firearm during a drug trafficking crime under 18 U.S.C. § 924(c) are reversed because drug trafficking is not a 'crime of violence' as defined by 18 U.S.C. § 16. Carlos Cruz's conspiracy conviction merges with his continuing criminal enterprise conviction
• United States v. Losada
  674 F.2d 167· 2d Cir.· 1982-03-12 ·cited 119×·via Possession With Intent To Distribute Cocaine
  The court held that the dismissal of a conspiracy count does not automatically require reversal of convictions on substantive counts or a continuing criminal enterprise count, and that the denial of a severance was not an abuse of discretion.
• United States v. Richards
  638 F.2d 765· 5th Cir.· 1981-03-02 ·cited 119×
  The dissenting judge argues that sealed mail delivered to an addressee should require a warrant for search, unlike mail still in postal service possession.
• United States v. Alvaro Herrera
  878 F.2d 997· 7th Cir.· 1989-07-06 ·cited 118×·via Possession Of Narcotics With Intent To Distribute
  The court held that the district court did not err in finding the defendant was an 'organizer' under the sentencing guidelines, as the factual findings were not clearly erroneous and the guidelines were correctly applied.
• United States v. Jamiel Alexander Chagra
  669 F.2d 241· 5th Cir.· 1982-03-03 ·cited 118×
  The court held that the government's decision to seek a superseding indictment with a continuing criminal enterprise charge was not vindictive, and that the defendant received a fair trial despite pretrial publicity because an impartial jury was impaneled.
• United States v. Figueroa
  618 F.2d 934· 2d Cir.· 1980-02-26 ·cited 118×·via Possession Of Heroin With Intent To Distribute
  The dissenting judge would affirm the jury's verdict and the trial court's decisions regarding evidence admissibility and joint trial.
• United States v. Eubanks
  591 F.2d 513· 9th Cir.· 1979-02-02 ·cited 118×
  The court, in a concurring opinion, expresses concerns that the prosecution's broad conspiracy charge and joinder of multiple defendants may have abused joinder powers and created undue prejudice, potentially outweighing judicial economy benefits.
• United States v. Asnaldo Sanchez
  722 F.2d 1501· 11th Cir.· 1984-01-16 ·cited 116×
  The court held that the evidence was sufficient to support the convictions, that the admission of coconspirator statements was proper, and that prejudicial remarks by government witnesses were cured by the trial court's instructions, thus denying a fair trial was not reversible e
• United States v. Littrell
  574 F.2d 828· 5th Cir.· 1978-06-07 ·cited 116×
  The court held that the evidence was insufficient to support Littrell's conspiracy conviction and convictions for possession and distribution, but affirmed Davi's convictions.
• United States v. Vega
  860 F.2d 779· 7th Cir.· 1988-10-17 ·cited 115×
  The court held that the district court did not err in denying the defendant's motion to dismiss under the Speedy Trial Act, nor in admitting voice identification testimony, and that the evidence was sufficient to support the convictions.
• United States v. Black
  675 F.2d 129· 7th Cir.· 1982-04-06 ·cited 115×·via Possession With Intent To Distribute Cocaine
  The dissenting judge would hold that the police encounter constituted a Fourth Amendment seizure and that the officers lacked sufficient specific and articulable facts to justify the seizure, rendering any subsequent search illegal.
• United States v. Rios
  611 F.2d 1335· 10th Cir.· 1979-12-21 ·cited 114×
  The court held that the trial court erred in its handling of coconspirator statements and committed prejudicial prosecutorial misconduct, requiring a new trial. The court also affirmed the denial of the motion to suppress evidence, finding the defendant lacked standing for most c
• United States v. Knuckles
  581 F.2d 305· 2d Cir.· 1978-06-30 ·cited 114×
  The court held that defendants could not raise the issue of insufficient evidence of cocaine on appeal after they had argued for a variance based on the presence of cocaine evidence at trial. The court also found the admission of a co-defendant's statement and recordings of conve
• United States v. Miley
  513 F.2d 1191· 2d Cir.· 1975-03-19 ·cited 114×
  The court held that the trial judge did not err in denying Wenzler's motion to suppress evidence obtained from his apartment, nor in refusing to instruct the jury on entrapment, and that Goldstein's arguments regarding the seizure of evidence were without merit.
• United States v. Ferg
  504 F.2d 914· 5th Cir.· 1974-12-09 ·cited 114×
  The court held that the government failed to present sufficient evidence to prove possession of marijuana with intent to distribute, reversing the conviction.
• United States v. Tobin
  923 F.2d 1506· 11th Cir.· 1991-02-21 ·cited 112×·via Possession Of Marijuana With Intent To Distribute
  The en banc court affirmed the district court's denial of the motions to suppress, holding that the warrantless search of the house, garage, and station wagon was permissible under the Fourth Amendment.
• United States v. Meester
  762 F.2d 867· 11th Cir.· 1985-05-20 ·cited 111×
  The court held that the district court did not abuse its discretion in admitting evidence of a murder relevant to ongoing drug conspiracies and that the jury instructions were proper.
• United States v. Gurleon Maxi Jackson
  700 F.2d 181· 5th Cir.· 1983-02-25 ·cited 111×
  The court held that Whitley's conviction must be reversed due to insufficient evidence of his knowing participation in the conspiracy, while affirming the convictions of Hicks and Jackson.
• United States v. Killian
  639 F.2d 206· 5th Cir.· 1981-03-09 ·cited 111×
  The court held that the defendants' convictions were valid, affirming the trial court's decisions regarding the admissibility of evidence, the scope of the conspiracy, and procedural matters.
• United States v. Claudell Martine White and Phillip White
  569 F.2d 263· 5th Cir.· 1978-03-08 ·cited 111×
  The court held that the evidence was insufficient to support the conspiracy convictions, but sufficient to support Phillip's conviction for the substantive offense of heroin possession with intent to distribute.
• United States v. White
  875 F.2d 427· 4th Cir.· 1989-05-22 ·cited 110×·via Possession With Intent To Distribute Cocaine
  The court affirmed the sentences, holding that the district court did not err in refusing to reduce White's offense level for acceptance of responsibility, properly enhanced Jackson's offense level for firearm possession, and correctly denied Jackson's request for a minor partici
• United States v. Grier
  866 F.2d 908· 7th Cir.· 1989-01-11 ·cited 110×
  The court held that the district court did not err in denying the motion to compel production of pen register materials, as the defendant had ample opportunity for cross-examination and the denial was not prejudicial.
• United States v. Narcisa Savinovich
  845 F.2d 834· 9th Cir.· 1988-04-26 ·cited 110×
  The court affirmed the convictions, holding that the admission of scales and firearms was not unfairly prejudicial and that the evidence was sufficient to support the convictions for possession with intent to distribute and attempted distribution.
• United States v. Himmelwright
  551 F.2d 991· 5th Cir.· 1977-05-09 ·cited 110×·via Possession With Intent To Distribute Cocaine
  The court held that the customs officials had reasonable suspicion to conduct an exterior body surface search of the appellant, which led to the discovery of contraband.
• United States v. Pope
  561 F.2d 663· 6th Cir.· 1977-09-02 ·cited 108×
  The court held that the district court's failure to instruct the jury on the essential element of 'intent to distribute' under 21 U.S.C. § 841(a)(1) constituted plain error requiring reversal.
• United States v. O'Connell
  841 F.2d 1408· 8th Cir.· 1988-03-14 ·cited 107×·via Possession Of Marijuana With Intent To Distribute
  The court held that the wiretap evidence was properly admitted because the necessity requirement was met, authorization was proper, and minimization efforts were reasonable. The court also held that the automobile stop was based on probable cause derived from the collective knowl
• United States v. Tam Henry Holmes
  838 F.2d 1175· 11th Cir.· 1988-03-01 ·cited 107×
  The court held that the evidence was sufficient to sustain the jury's conviction and that the mandatory minimum sentencing provisions of 21 U.S.C. sec. 841(b)(1) are constitutional.
• United States v. Montes-Cardenas
  746 F.2d 771· 11th Cir.· 1984-11-15 ·cited 107×
  The court held that the evidence was sufficient to support the convictions, the joinder of drug and firearms counts was proper, and the trial court did not abuse its discretion in denying severance or continuance motions.
• United States v. Streeter
  907 F.2d 781· 8th Cir.· 1990-06-29 ·cited 106×·via Possession With Intent To Distribute Methamphetamine
  The court held that a district court's departure from Sentencing Guidelines requires specific findings of circumstances not adequately considered by the Commission, and that the Drug Quantity Table's equivalency of 100 grams per marijuana plant is invalid as applied when the stat