Possession With Intent To Distribute

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

• United States v. Lawson
  682 F.2d 1012· D.C. Cir.· 1982-07-13 ·cited 26×
  A stipulated trial is not equivalent to a guilty plea requiring Rule 11 inquiries unless the defendant admits guilt and waives all issues. Constructive possession can be established by dominion and control, even in jointly occupied premises where contraband is in plain view.
• United States v. Dazzo
  672 F.2d 284· 2d Cir.· 1982-02-22 ·cited 26×
  A sentence may be vacated if the trial judge fails to consider all relevant sentencing criteria, such as rehabilitation, and instead relies solely on deterrence or retaliation.
• United States v. Hayes
  653 F.2d 8· 1st Cir.· 1981-06-19 ·cited 26×
  The court held that the trial court did not err in denying the motion to suppress evidence obtained from the vessel search, nor in excluding certain testimony regarding the destination of the marijuana, but reversed the conviction on Count II due to prosecutorial misstatements of
• United States v. Vasquez
  634 F.2d 41· 2d Cir.· 1980-10-27 ·cited 26×
  The court held that the investigatory stop, search of the shopping bag, and subsequent arrests were lawful, and that post-arrest statements were not tainted by prior Miranda violations.
• United States v. Johnson
  641 F.2d 652· 9th Cir.· 1980-07-14 ·cited 26×
• United States v. Lavonne Hodges
  606 F.2d 520· 5th Cir.· 1979-11-09 ·cited 26×
  The court held that the evidence was sufficient to establish the appellant's membership in the conspiracy and that he was vicariously liable for the substantive offense committed by his coconspirators. The denial of his motion to suppress was also affirmed.
• United States v. Patton
  594 F.2d 444· 5th Cir.· 1979-05-03 ·cited 26×
  The court held that any variance between the indictment and proof was not prejudicial, hearsay statements were properly admitted as co-conspirator statements, and mid-trial rearraignment did not prejudice the appellant.
• United States v. Philip E. Kirk, M.D.
  584 F.2d 773· 6th Cir.· 1978-09-22 ·cited 26×
  The court held that sufficient circumstantial evidence existed to support the appellant's conviction for conspiracy to distribute controlled substances, allowing for reasonable inferences of agreement and knowledge.
• United States v. Palmere
  578 F.2d 105· 5th Cir.· 1978-08-09 ·cited 26×
  The court held that the trial judge did not err in denying the defendant's motion for acquittal, refusing an absent-witness instruction, admitting evidence of the cocaine's street value, or in the instructions given.
• United States v. Levy
  578 F.2d 896· 2d Cir.· 1978-06-21 ·cited 26×
  The court held that the defendant waived objections to the admission of statements regarding prior cooperation by refusing a curative instruction, and that offers to cooperate made without condition are not inadmissible plea bargaining statements. The court also found the trial j
• United States v. Morgan
  581 F.2d 933· D.C. Cir.· 1978-06-07 ·cited 26×
  The court held that an affidavit statement was not hearsay and was admissible in the appellant's defense.
• United States v. Miroyan
  577 F.2d 489· 9th Cir.· 1978-05-01 ·cited 26×
  The court held that the installation and monitoring of an electronic tracking device on an aircraft, with the owner's consent and while in public airspace, does not violate Fourth Amendment rights, and that probable cause existed for McGinnis' arrest and the subsequent search war
• United States v. Alexander
  559 F.2d 1339· 5th Cir.· 1977-09-30 ·cited 26×
  The court held that probable cause existed for the warrantless stops and searches based on the totality of the circumstances, including suspicious vehicle movements and informant tips, and that disclosure of the informant's identity was not required.
• United States v. Gates
  557 F.2d 1086· 5th Cir.· 1977-08-15 ·cited 26×
  The court held that the defendant was not denied his right to counsel and that other asserted errors were either waived or without merit.
• United States v. Alberto Garcia-Rodriguez (t/n Ruben Gutierrez-Garcia)
  558 F.2d 956· 9th Cir.· 1977-08-10 ·cited 26×
  The court held that the denial of motions to suppress evidence and for acquittal was proper, and that the jury instructions were adequate.
• Sosa v. United States
  550 F.2d 244· 5th Cir.· 1977-04-08 ·cited 26×
  The court held that the district court properly entertained the Section 2255 motion despite the voluntary dismissal of the direct appeal, and that the Fourth Amendment claim was cognizable. However, the court vacated the judgment and remanded for a hearing on the necessity of a h
• United States v. Pretzinger
  542 F.2d 517· 9th Cir.· 1976-09-17 ·cited 26×
  The court held that the attachment of an electronic location device to a vehicle in public airspace does not violate Fourth Amendment rights, and that a defendant must have standing to challenge a search. The court reversed one conviction due to insufficient evidence.
• United States v. SIR KUE Chin
  534 F.2d 1032· 2d Cir.· 1976-04-21 ·cited 26×
  The court held that a variance between the indictment charging one conspiracy and evidence showing two does not require reversal if it does not affect substantial rights, and that striking an overt act from the indictment is not an impermissible amendment.
• United States v. Craig
  522 F.2d 29· 6th Cir.· 1975-09-23 ·cited 26×
  The court held that the admission of co-conspirator hearsay statements was improper due to insufficient independent evidence of a conspiracy, and the remaining evidence was insufficient to support the conviction.
• United States v. Cueto
  515 F.2d 160· 1st Cir.· 1975-05-08 ·cited 26×
  The court held that prejudicial publicity during trial, despite jurors' assurances of impartiality, warranted a new trial because the information was too damaging.
• United States v. Hoker
  483 F.2d 359· 5th Cir.· 1973-08-08 ·cited 26×
  The court held that the trial judge's excessive and biased questioning of the defendant deprived him of a fair trial.
• United States v. Hayes
  474 F.2d 965· 9th Cir.· 1973-03-05 ·cited 26×
  A sentence under the Federal Youth Corrections Act is in lieu of all other penalties, including fines, and therefore fines cannot be imposed in addition to a commitment under the Act.
• United States v. Henry
  468 F.2d 892· 10th Cir.· 1972-11-10 ·cited 26×
  The court held that the evidence was sufficient to sustain a conviction for possession with intent to distribute narcotics, adhering to precedent regarding the sufficiency of drug quantity to infer intent.
• United States v. Gonzalez
  918 F.2d 1129· 3d Cir.· 1990-11-16 ·cited 25×
  The court affirmed the convictions and sentences, finding that the jury verdicts and sentences were reasonable and supported by the evidence, and that the district court did not err in its rulings on plea agreements, evidence sufficiency, severance, sequestration, or sentencing.
• United States v. Lema
  909 F.2d 561· 1st Cir.· 1990-07-18 ·cited 25×
  The court held that the defendant's motion for a new trial was untimely because the claim of ineffective assistance of counsel was not based on newly discovered evidence. The court also held that the evidence was sufficient to support the convictions for aiding and abetting.
• United States v. Reyes-Vasquez
  905 F.2d 1497· 11th Cir.· 1990-07-13 ·cited 25×
  The court held that the defendant's "CIA intelligence gathering" defense was invalid as a matter of law and that the defendant failed to properly raise a separate defense of lacking specific intent to distribute cocaine at the trial level.
• United States v. Hernando Robinson
  843 F.2d 1· 1st Cir.· 1988-03-18 ·cited 25×
  The court held that the convictions for drug possession and conspiracy were lawful, rejecting arguments based on international law and the ex post facto clause, and finding sufficient evidence.
• United States v. Rutkowski
  814 F.2d 594· 11th Cir.· 1987-04-13 ·cited 25×
  The court held that the prosecutor's comment was not an improper comment on the defendant's silence, the jury instructions were adequate, and the admission of the fuel log was not barred by Rule 11(e)(6).
• United States v. Comstock
  805 F.2d 1194· 5th Cir.· 1986-12-03 ·cited 25×
  The court held that suppression of evidence was not warranted because the officers acted in good faith reliance on the validity of the search warrant, even though it was issued by a justice of the peace who was not a judge of a court of record as required by Fed.R.Crim.P. 41(a).
• United States v. Most
  789 F.2d 1411· 9th Cir.· 1986-05-20 ·cited 25×
  The court held that the Customs search of the package was lawful, and the appellant's subsequent incriminating statements were made after a knowing and intelligent waiver of his right to counsel.
• United States v. Lopez
  761 F.2d 632· 11th Cir.· 1985-05-28 ·cited 25×
  The concurring judge believes the appellees had a legitimate expectation of privacy and thus standing to challenge the search.
• United States v. Kelly
  749 F.2d 1541· 11th Cir.· 1985-01-10 ·cited 25×
  The court held that the evidence was insufficient to convict Evasio Garcia of conspiracy charges, reversing his conviction. The court affirmed the convictions of the other appellants, finding sufficient evidence and no reversible error regarding their other claims.
• United States v. McMAHON
  715 F.2d 498· 11th Cir.· 1983-07-08 ·cited 25×
  The court held that appellants' challenges to jury instructions and the denial of a hearing on standing were waived or barred by prior rulings, and that the government's failure to produce psychiatric reports did not violate Brady or the Sixth Amendment.
• United States v. Sentovich
  677 F.2d 834· 11th Cir.· 1982-06-04 ·cited 25×
  The court held that a defendant is not entitled to cross-examine an affiant before a search warrant is issued unless they allege deliberate falsehood or reckless disregard for the truth, and that the odor of marijuana is not material evidence to a conviction for possession with i
• United States v. Barone
  584 F.2d 118· 6th Cir.· 1978-08-01 ·cited 25×
  The court should have suppressed evidence obtained via a search warrant based on a knowingly false affidavit, reversing the conviction.
• United States v. Medina-Arellano
  569 F.2d 349· 5th Cir.· 1978-03-13 ·cited 25×
  The court held that a four-year pre-indictment delay did not violate due process, denial of a continuance was not an abuse of discretion, and a witness's guilty plea to an unrelated conspiracy did not warrant a mistrial.
• United States v. Connolly
  479 F.2d 930· 9th Cir.· 1973-04-27 ·cited 25×
  The court held that the warrantless search of Connolly's automobile was justified under the automobile exception due to probable cause and the impracticability of obtaining a warrant, but the warrantless entry into Jeppesen's home was illegal, rendering the evidence found inadmis
• United States v. Boney
  977 F.2d 624· D.C. Cir.· 1992-10-13 ·cited 24×
  A felon juror's concealed status, discovered after a jury trial, requires reversal and a new trial because the juror's disqualification is not based on bias and cannot be adequately assessed post-trial.
• United States v. Trujillo
  959 F.2d 1377· 7th Cir.· 1992-03-24 ·cited 24×
  The court held that the quantity of controlled substances is not an element of the offense under 21 U.S.C. § 841(a), and therefore does not need to be determined by a jury beyond a reasonable doubt.
• United States v. Beddow
  957 F.2d 1330· 6th Cir.· 1992-02-28 ·cited 24×
  The court affirmed the defendant's conviction and sentence, finding sufficient evidence for money laundering counts, proper venue, permissible prosecutorial comments, and correct inclusion of a prior state conviction in the criminal history calculation.
• United States v. Anselmo Navarez and Paulin Valles-Rodriguez
  954 F.2d 1375· 7th Cir.· 1992-01-27 ·cited 24×
  The court held that there was sufficient evidence to support the convictions for conspiracy and possession with intent to distribute, and that the admission of $34,000 found in a co-conspirator's apartment was not plain error. The court also affirmed the denial of a sentence redu
• United States v. Schaff
  948 F.2d 501· 9th Cir.· 1991-10-24 ·cited 24×
  The court affirmed the conviction, holding that the district court did not err in denying the defendant's untimely motions to proceed pro se and substitute counsel, nor in admitting the ledger and hearsay evidence, and that the jury instructions were proper.
• United States v. Lopez
  944 F.2d 33· 1st Cir.· 1991-09-11 ·cited 24×
  The court held that the district court did not err in rejecting a plea agreement, refusing to recuse, limiting cross-examination, denying acquittal motions, or refusing a new trial, and that the sentencing decision was not reviewable.
• United States v. Abel Garcia
  917 F.2d 1370· 5th Cir.· 1990-11-09 ·cited 24×
  The court affirmed the conviction and sentence, finding that any discovery violations were harmless and the evidence was sufficient to support the conspiracy conviction, with the substantive possession conviction affirmed under the Pinkerton doctrine.
• United States v. Thomas
  914 F.2d 139· 8th Cir.· 1990-09-11 ·cited 24×
  The court held that sufficient evidence supported the jury's finding of possession, the government's peremptory challenge was not discriminatory, and the district court did not abuse its discretion in admitting a witness's prior conviction or in departing from the Sentencing Guid
• United States v. Paul R. Edgecomb (88-3853) & Gordon R. Edgecomb (88-3943)
  910 F.2d 1309· 6th Cir.· 1990-08-08 ·cited 24×
  The court affirmed in part and remanded in part, holding that the Sentencing Guidelines applied to Gordon's conspiracy offense, but remanded for factual findings on government inducement and plea agreement issues. Paul's Speedy Trial Act claim and plea agreement claim were reject
• United States v. Cuevas-Esquivel
  905 F.2d 510· 1st Cir.· 1990-06-05 ·cited 24×
  The court held that the evidence was sufficient to support the jury's verdict of guilt for aiding and abetting possession with intent to distribute marihuana, and that the vessel was subject to United States jurisdiction as a stateless vessel.
• United States v. Lewis
  902 F.2d 1176· 5th Cir.· 1990-05-23 ·cited 24×
  The court held that questions asked by an unknown caller are not hearsay because they do not assert anything, and that the evidence was insufficient to convict Lewis of conspiracy.
• United States v. Benitez
  899 F.2d 995· 10th Cir.· 1990-03-30 ·cited 24×
  The court held that the appellant's detention and consent to search were lawful under the Fourth Amendment, affirming the denial of his motion to suppress.
• United States v. Wavell A. Robinson
  898 F.2d 1111· 6th Cir.· 1990-03-13 ·cited 24×
  The court held that the type of firearm and whether it was loaded are not grounds for sentencing departure under the applicable guideline, as these factors are either explicitly rejected or already accounted for.