Possession With Intent To Distribute

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

• United States v. Juan Andres Blanco (86-6305)
  844 F.2d 344· 6th Cir.· 1988-04-14 ·cited 19×
  The court held that the defendants lacked standing to challenge the search of the car, and that even if they had standing, the consent to search was voluntary and not the fruit of an illegal seizure. The evidence was also sufficient to support the convictions.
• The United States v. Felton
  811 F.2d 190· 3d Cir.· 1987-01-30 ·cited 19×
  The majority's interpretation of the Speedy Trial Act, particularly section 3161(h)(1)(F), allows for excessive delays in bringing cases to trial by permitting indefinite postponements of pre-trial motions.
• United States v. Fernandez
  797 F.2d 943· 11th Cir.· 1986-08-26 ·cited 19×
  The court held that coconspirator statements are admissible for RICO convictions if the James standard is met for the RICO conspiracy, but separate determinations are needed for other conspiracies. The evidence was insufficient to support Fernandez's marijuana conspiracy convicti
• United States v. Sarmiento
  744 F.2d 755· 11th Cir.· 1984-10-18 ·cited 19×
  The court affirmed the convictions, finding that the trial court's intervention prevented reversible error from the prosecutor's improper rebuttal argument.
• United States v. Newman
  733 F.2d 1395· 10th Cir.· 1984-05-07 ·cited 19×
  The court affirmed the defendant's convictions, finding no merit in his challenges to the wiretap evidence, co-defendant's counsel, competency hearing denial, due process violation, or insufficient evidence for the extortion conviction.
• United States v. Zulema Gonzalez
  703 F.2d 1222· 11th Cir.· 1983-04-25 ·cited 19×
  The court held that the admission of testimony regarding a death threat was proper, as it was relevant to show consciousness of guilt and its probative value was not substantially outweighed by prejudice.
• United States v. Gonsalves
  691 F.2d 1310· 9th Cir.· 1982-11-09 ·cited 19×
  The court held that the District Court's dismissal of the indictment, based on its supervisory power to manage its docket and ensure fairness, was a proper exercise of that power.
• United States v. Johnson
  660 F.2d 749· 9th Cir.· 1981-11-06 ·cited 19×
  The court held that exigent circumstances justified the warrantless entry into the residence and that any technical violation of Rule 41 did not require suppression of the evidence. The court also found the affidavit for the second warrant sufficient and that the consideration of
• United States v. Poitier
  623 F.2d 1017· 5th Cir.· 1980-08-11 ·cited 19×
  The court held that even if hearsay evidence and jury instructions were improperly admitted, the errors were harmless due to overwhelming other evidence of guilt. The evidence was also sufficient to support Poitier's conviction for conspiracy.
• United States v. ONE 1972 Chevrolet Corvette
  625 F.2d 1026· 1st Cir.· 1980-07-18 ·cited 19×
  A vehicle is not subject to forfeiture under 21 U.S.C. § 881(a)(4) if its only use was to transport the owner to receive repayment for money fronted for a drug transaction, as this does not constitute "facilitation" of the sale.
• United States v. Patacchia
  602 F.2d 218· 9th Cir.· 1979-08-13 ·cited 19×
  The court held that the totality of the circumstances did not establish probable cause for the search of the vehicle's trunk, nor was consent to search given.
• United States v. Schleis
  543 F.2d 59· 8th Cir.· 1976-10-21 ·cited 19×
  The court held that the deputy marshal's investigatory stop, pat-down for weapons, and subsequent searches of the appellant's person and briefcase were lawful under the Fourth Amendment.
• Carle v. State
  983 So. 2d 693· Fla. 1st DCA· 2008-06-05 ·cited 18×
  Kenneth Carle was convicted of possession of diazepam with intent to sell, but the appellate court reversed because the trial court abused its discretion by refusing to instruct the jury on simple possession as a lesser included offense. The court held that simple possession is a
• State v. Reese
  774 So. 2d 948· Fla. 5th DCA· 2001-01-12 ·cited 18×
  The court held that the trial court erred in dismissing the charges because the facts alleged, when construed most favorably to the State, could establish a prima facie case of constructive possession.
• United States v. Parris Raymond Jefferson
  974 F.2d 201· D.C. Cir.· 1992-09-15 ·cited 18×
  The court held that a jury could not reasonably find beyond a reasonable doubt that the defendant possessed his weapon for the purpose of protecting his drug possession activity.
• United States v. Lautaro CEA
  963 F.2d 1027· 7th Cir.· 1992-05-14 ·cited 18×
  The court affirmed the district court's sentence, holding that the defendant was accountable for ten kilograms of cocaine, was not a minor participant, and that the sentence disparity with his co-conspirator was not grounds for reversal.
• United States v. Jordan
  958 F.2d 1085· D.C. Cir.· 1992-03-17 ·cited 18×
  The court held that retaining a driver's license during questioning constitutes a seizure under the Fourth Amendment, requiring suppression of evidence obtained thereafter.
• United States v. Hagmann
  950 F.2d 175· 5th Cir.· 1991-12-18 ·cited 18×
  The court affirmed the conviction and sentence, finding no reversible error in the ex parte communication, jury instructions, indictment's sufficiency, or the imposed fine.
• United States v. Watson
  952 F.2d 982· 8th Cir.· 1991-12-17 ·cited 18×
  The court held that the district court did not err in refusing to compel the prosecutor to testify, admitting the informant's hearsay statements for a limited purpose, finding sufficient evidence for convictions, and calculating the defendant's sentence.
• United States v. Thomas A. Christian (90-6326)
  942 F.2d 363· 6th Cir.· 1991-08-19 ·cited 18×
  The court held that the evidence was sufficient to convict Christian for aiding and abetting the use of a firearm in relation to a drug offense and affirmed Friend's sentence, finding the district court did not err in its application of the Sentencing Guidelines.
• United States v. Sergio
  934 F.2d 875· 7th Cir.· 1991-06-11 ·cited 18×
  The court held that the defendant was properly held accountable for the entire quantity of drugs distributed by the conspiracy, as the evidence supported his membership in the conspiracy.
• United States v. Cosme Torres-Medina
  935 F.2d 1047· 9th Cir.· 1991-06-07 ·cited 18×
  A firearm can be considered available for purposes of 18 U.S.C. § 924(c)(1) if its proximity to the defendant supports an inference that it emboldened him, even if the defendant could not personally access it due to disability, provided confederates could retrieve it.
• United States v. Gonzales
  929 F.2d 213· 6th Cir.· 1991-04-03 ·cited 18×
  The court affirmed the defendant's conviction and sentence, holding that the ineffective assistance of counsel claim could not be raised for the first time on appeal and that the upward departure from the Sentencing Guidelines was reasonable.
• United States v. Buddy Lee Goddard
  929 F.2d 546· 10th Cir.· 1991-03-27 ·cited 18×
  The court held that a two-level sentence enhancement under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm during a drug conspiracy is appropriate when a co-conspirator possessed a firearm that was connected to the offense and known to be present by the defendant.
• United States v. Angulo
  927 F.2d 202· 5th Cir.· 1991-03-08 ·cited 18×
  The court held that the district court did not clearly err in relying on an officer's estimate of unrecovered cocaine to determine the base offense level for sentencing.
• United States v. del Vizo
  918 F.2d 821· 9th Cir.· 1990-11-08 ·cited 18×
  The court held that Anthony Ruiz Del Vizo's arrest was supported by probable cause, and therefore the denial of his motion to suppress evidence was correct.
• United States v. Kimmons
  917 F.2d 1011· 7th Cir.· 1990-11-07 ·cited 18×
  The court held that a five-month delay in receiving a trial transcript did not violate due process without a showing of prejudice, and that the evidence was insufficient to support a conspiracy conviction, as it only established a buyer-seller relationship.
• Hansen v. U.S. Parole Comm'n
  904 F.2d 306· 5th Cir.· 1990-06-29 ·cited 18×
  The court held that the Parole Commission correctly applied the Career Offender provisions of the U.S. Sentencing Guidelines to determine the release date for a prisoner transferred from Mexico, and that the Commission has the statutory authority to do so.
• United States v. Labat
  905 F.2d 18· 2d Cir.· 1990-05-25 ·cited 18×
  The court held that the evidence was insufficient to support a conviction for possession of cocaine, but sufficient for conspiracy and use of a communication facility to commit a narcotics felony.
• United States v. Eugenio Alvarado
  898 F.2d 987· 5th Cir.· 1990-04-06 ·cited 18×
  The court held that the evidence was sufficient to support the convictions, the consent to search was voluntary, and the sentencing guideline applications were not erroneous.
• United States v. Bassem M. Sharif
  893 F.2d 1212· 11th Cir.· 1990-02-06 ·cited 18×
  The court held that the evidence was sufficient to support the jury's verdict for possession of marijuana with intent to distribute and that the district court did not abuse its discretion in revoking probation.
• United States v. Everton G. Wilson
  895 F.2d 168· 4th Cir.· 1990-02-05 ·cited 18×
  The court held that the initial encounter and subsequent search were permissible under the Fourth Amendment, and the denial of a voluntariness hearing was not an abuse of discretion due to the defendant's failure to timely raise the issue.
• United States v. Gurgiolo
  894 F.2d 56· 3d Cir.· 1990-01-12 ·cited 18×
  The court held that the district court erred in calculating the offense level by improperly weighing Schedule III substances and by distinguishing between pure and gross weight for Schedule II substances.
• United States v. Whyte
  892 F.2d 1170· 3d Cir.· 1989-12-29 ·cited 18×
  The court held that discretionary refusals to depart from sentencing guidelines are not appealable, and affirmed the conviction and sentence on other grounds.
• United States v. Houston
  892 F.2d 696· 8th Cir.· 1989-12-19 ·cited 18×
  The court held that the convictions and sentences were valid, and that the government's cross-appeal regarding sentencing under the Guidelines was procedurally barred due to a failure to object.
• United States v. Wesson
  889 F.2d 134· 7th Cir.· 1989-11-13 ·cited 18×
  A person can be convicted of aiding and abetting possession with intent to distribute drugs even if they never possessed the drugs themselves.
• United States v. Blanton
  884 F.2d 973· 7th Cir.· 1989-09-05 ·cited 18×
  The court held that the admission of circumstantial evidence (Government Exhibits 5 and 6) was proper as it was relevant to the identity and weight of the drugs in question and not unduly prejudicial, and that there was sufficient evidence to convict the defendants.
• United States v. Rivera
  867 F.2d 1261· 10th Cir.· 1989-02-09 ·cited 18×
  The court held that while the highway search was not a valid search incident to arrest, it was lawful because the defendant voluntarily consented to it.
• United States v. Posner
  865 F.2d 654· 5th Cir.· 1989-02-02 ·cited 18×
  The court held that evidence of subsequent marijuana transactions was admissible to show predisposition for cocaine charges, and that the evidence was sufficient to support the conspiracy conviction. However, the imposition of a supervised release term was improper.
• United States v. Martin
  866 F.2d 972· 8th Cir.· 1989-01-18 ·cited 18×
  The court held that the search warrants were supported by probable cause and sufficiently particular, and that the district court did not err in its evidentiary rulings or in denying severance or a new trial.
• United States v. Carneiro
  861 F.2d 1171· 9th Cir.· 1988-11-22 ·cited 18×
  The court held that the wiretap on Charles McNeil's phone was valid, but the subsequent wiretaps on Ray Harty and Thomas Boyd, and the extension of the Boyd wiretap, were invalid due to insufficient showing of necessity and material misstatements/omissions in the applications. Th
• United States v. Hammock
  860 F.2d 390· 11th Cir.· 1988-11-18 ·cited 18×
  The court held that the trial court did not err in denying the motion to suppress because the appellant was not arrested when the detectives searched the abandoned tote bag.
• United States v. Carmona
  858 F.2d 66· 2d Cir.· 1988-09-08 ·cited 18×
  The court affirmed the conviction, holding that the district court did not err in denying the motion to suppress evidence, admitting evidence from a garbage search, admitting expert testimony, or denying a motion for a new trial.
• United States v. Anagnos
  853 F.2d 1· 1st Cir.· 1988-03-30 ·cited 18×
  The court held that the refusal to ask a specific voir dire question regarding juror bias towards law enforcement witnesses was reversible error, and that bail jumping before sentencing does not automatically forfeit the right to appeal.
• United States v. Bennett
  836 F.2d 1314· 11th Cir.· 1988-02-04 ·cited 18×
  Acquittal on importation charges does not necessarily mean the jury decided issues of fact essential to possession with intent to distribute charges, thus collateral estoppel does not bar retrial on those counts.
• United States v. Sealey
  830 F.2d 1028· 9th Cir.· 1987-10-20 ·cited 18×
• United States v. Gordon
  829 F.2d 119· D.C. Cir.· 1987-09-18 ·cited 18×
  The court held that a defendant's waiver of the right to be present at jury selection can be knowing and intelligent even if it occurs through counsel and not in open court, and that the advice of counsel need not meet the highest standards.
• United States v. Skowronski
  827 F.2d 1414· 10th Cir.· 1987-08-28 ·cited 18×
  The court held that the defendant lacked standing to challenge the warrantless search of the vehicle and container because he had no legitimate expectation of privacy in either.
• United States v. Hutchins
  818 F.2d 322· 5th Cir.· 1987-05-19 ·cited 18×
  The court affirmed the convictions of James and Philip Hutchins but vacated their sentences, remanding for resentencing under the correct statutory provisions in effect at the time of the offenses.
• United States v. Dario Arteaga
  807 F.2d 424· 5th Cir.· 1986-12-24 ·cited 18×
  The court held that there was sufficient evidence to support the jury's rejection of the entrapment defense and no due process violation.