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. Urrego-Linares
  879 F.2d 1234· 4th Cir.· 1989-07-20 ·cited 106×·via Possession With Intent To Distribute Cocaine
  A defendant seeking a mitigating factor at sentencing bears the burden of proving its applicability by a preponderance of the evidence, and co-conspirator statements made after arrest are admissible if in furtherance of the conspiracy.
• United States v. McCALEB
  552 F.2d 717· 6th Cir.· 1977-04-11 ·cited 106×
  The court held that the consent to search was not freely and voluntarily given due to an unconstitutional stop and arrest, rendering the evidence inadmissible.
• United States v. Alphonse Cirillo
  499 F.2d 872· 2d Cir.· 1974-05-07 ·cited 106×
  The court held that the omission of a minimization directive from a wiretap order was a technical defect, not rendering the order invalid if the investigation substantially complied with the statute. It also held that expert testimony on narcotics jargon was admissible and that d
• The United States v. Poole
  878 F.2d 1389· 11th Cir.· 1989-08-04 ·cited 105×
  The court held that the evidence was sufficient to support the defendant's convictions for possession of cocaine with intent to distribute and for using a firearm during and in relation to a drug trafficking offense.
• United States v. MacHado
  804 F.2d 1537· 11th Cir.· 1986-12-03 ·cited 105×
  The court affirmed the convictions, finding no reversible error in the admission of coconspirator statements, denial of severance motions, limitations on cross-examination, or sufficiency of evidence for the charges.
• United States v. Ordonez
  737 F.2d 793· 9th Cir.· 1983-12-23 ·cited 105×
  The court held that the Ninth Circuit's refusal to adopt the rule of per se admissibility for statements falling within firmly rooted hearsay exceptions is incorrect and conflicts with Supreme Court precedent.
• United States v. Goodwin
  625 F.2d 693· 5th Cir.· 1980-09-12 ·cited 105×·via Possession Of Marijuana With Intent To Distribute
  The court held that the trial judge erred by not conducting a proper inquiry into witnesses' Fifth Amendment claims and by denying a defendant's timely request for a subpoena for a material character witness.
• United States v. Peters
  791 F.2d 1270· 7th Cir.· 1986-05-20 ·cited 104×
  The court affirmed the convictions and sentences of the defendants, finding no reversible error in the trial court's rulings on search warrants, property seizure, standing, grand jury proceedings, or jury instructions.
• United States v. Melchor-Lopez
  627 F.2d 886· 9th Cir.· 1980-04-02 ·cited 104×
  The court held that the evidence was insufficient to prove an agreement to commit conspiracy, a required element for conviction.
• United States v. Consuelo-Gonzalez
  521 F.2d 259· 9th Cir.· 1975-04-15 ·cited 104×·via Possession Of Heroin With Intent To Distribute
  The court reversed the conviction, holding that the condition of probation requiring the defendant to submit to search at any time upon request by a law enforcement officer was improper. The court reasoned that while probationers may be subject to searches by probation officers,
• United States v. Terzado-Madruga
  897 F.2d 1099· 11th Cir.· 1990-04-02 ·cited 103×·via Possession With Intent To Distribute Cocaine
  The court held that while the government violated the defendant's Sixth Amendment right to counsel by recording post-indictment conversations, the proper remedy was to exclude the evidence from the trial of the indicted charges, not to dismiss the indictment or suppress evidence
• United States v. Smith
  680 F.2d 255· 1st Cir.· 1982-06-08 ·cited 103×
  The court held that 21 U.S.C. § 955a is within Congress's power to apply extraterritorially to stateless vessels engaged in drug trafficking affecting the United States, and that the evidence was sufficient to support the appellant's conviction for possession with intent to distr
• United States v. Torres
  901 F.2d 205· 2d Cir.· 1990-04-03 ·cited 102×
  The court affirmed most convictions but reversed one firearm conviction and vacated others for resentencing due to jury instruction errors regarding continuing criminal enterprise.
• United States v. Sklar
  920 F.2d 107· 1st Cir.· 1990-12-03 ·cited 101×
  The court held that the district court's finding of relevant conduct for GSR calculation was supported by evidence, but erred in departing downward based on defendant's cooperation without a government motion and on rehabilitation that was not extraordinary.
• United States v. Regino Palacios
  556 F.2d 1359· 5th Cir.· 1977-08-08 ·cited 101×
  The court held that the evidence presented was insufficient to sustain the convictions for conspiracy and aiding and abetting possession of marijuana with intent to distribute.
• United States v. Franklin
  902 F.2d 501· 7th Cir.· 1990-05-07 ·cited 100×
  The court affirmed the sentences of all four defendants, finding that the district courts properly applied the Sentencing Guidelines, including upward departures, and that the right of allocution was not denied.
• United States v. Felino Rodriguez
  882 F.2d 1059· 6th Cir.· 1989-08-15 ·cited 100×
  The court affirmed the conviction and sentence, holding that sufficient evidence supported the jury's verdict, rebuttal testimony was admissible, prior bad acts evidence was properly admitted, and the upward departure from the Sentencing Guidelines was reasonable.
• United States v. LEE
  743 F.2d 1240· 8th Cir.· 1984-09-12 ·cited 100×
• United States v. Aulet
  618 F.2d 182· 2d Cir.· 1980-03-10 ·cited 100×·via Possession With Intent To Distribute Cocaine
  The court held that the defendant received effective assistance of counsel and that the jury charge on conscious avoidance was proper, affirming the conviction.
• United States v. Restrepo
  884 F.2d 1294· 9th Cir.· 1989-09-12 ·cited 99×·via Possession With Intent To Distribute Cocaine
  The court held that the Sentencing Guidelines do not require a connection between a firearm and a drug offense for sentence enhancement, only possession during the offense, and that a special assessment statute was unconstitutional.
• United States v. Brett
  872 F.2d 1365· 8th Cir.· 1989-04-24 ·cited 99×·via Possession With Intent To Distribute Cocaine
  The court held that the circumstantial evidence, including possession of a key to a fortified drug house, was sufficient to support convictions for conspiracy, possession with intent to distribute, and use of a firearm in relation to a drug trafficking offense. Sentencing enhance
• Denehy v. State
  400 So. 2d 1216· Fla.· 1980-10-16 ·cited 99×·via Possession Of Cannabis With Intent To Sell
  Appellants Denehy and Pitoscia were convicted of possession of cannabis with intent to sell after a search at an agricultural inspection station. The Florida Supreme Court upheld the constitutionality of the agricultural inspection statute and affirmed their convictions, finding
• United States v. Longoria
  569 F.2d 422· 5th Cir.· 1978-03-10 ·cited 99×
  The court held that the evidence was insufficient to sustain a conviction for aiding and abetting possession of a controlled substance with intent to distribute.
• United States v. King
  552 F.2d 833· 9th Cir.· 1976-12-16 ·cited 99×·via Possession Of Heroin With Intent To Distribute
  The court held that the admission of deposition testimony under 18 U.S.C. § 3503 was constitutional, both facially and as applied, and that the defendants' departure from the deposition constituted a waiver of their objections.
• United States v. Martino
  664 F.2d 860· 2d Cir.· 1981-11-05 ·cited 98×·via Possession Of Heroin With Intent To Distribute
  The court held that the warrantless search and seizure of heroin was reasonable under the Fourth Amendment, balancing the diminished expectation of privacy against the exigent circumstances.
• United States v. Staten
  581 F.2d 878· D.C. Cir.· 1978-05-09 ·cited 98×·via Possession Of Heroin With Intent To Distribute
  The court held that the evidence was legally sufficient to prove appellant's possession of drugs and that the jury instruction on aiding and abetting was proper.
• United States v. Jones
  542 F.2d 186· 4th Cir.· 1976-02-09 ·cited 98×
  The court held that the trial court did not err in denying motions for continuance and mistrial based on prejudicial publicity, nor in denying a motion to dismiss based on alleged taint from state immunity.
• United States v. Mapp
  476 F.2d 67· 2d Cir.· 1973-03-28 ·cited 98×·via Possession Of Heroin With Intent To Distribute
  The court held that the warrantless search of the apartment violated the Fourth Amendment, but Mapp's conviction on the sale count was affirmed due to lack of standing to challenge the evidence used for that count.
• United States v. Pungitore
  910 F.2d 1084· 3d Cir.· 1990-08-01 ·cited 97×·via Possession With Intent To Distribute Methamphetamine
  The court held that the RICO statute was not unconstitutionally vague as applied to the appellants' conduct and that prior state acquittals for predicate offenses did not bar their federal RICO prosecution under the dual sovereignty doctrine.
• United States v. Meros
  866 F.2d 1304· 11th Cir.· 1989-02-13 ·cited 97×
  The court held that the prosecutor did not violate Brady or Giglio by failing to disclose information not in the government's possession or that was discoverable by the defense. It also held that one conviction for structuring transactions was improper, but others were affirmed,
• United States v. Feliz-Cordero
  859 F.2d 250· 2d Cir.· 1988-10-11 ·cited 97×·via Possession With Intent To Distribute Cocaine Base
  The court held that the search warrant was supported by probable cause under the totality-of-the-circumstances test, but the evidence was insufficient to sustain convictions for carrying or using a firearm during a drug trafficking crime.
• United States v. Brantley
  733 F.2d 1429· 11th Cir.· 1984-05-23 ·cited 97×
  The court held that venue was proper for possession with intent to distribute charges against appellants who aided and abetted the crime, and that certain conspiracy convictions merge with a continuing criminal enterprise conviction. The court also found that the investigation in
• United States v. Metz
  608 F.2d 147· 5th Cir.· 1979-12-10 ·cited 97×
• United States v. Hood
  493 F.2d 677· 9th Cir.· 1974-02-15 ·cited 97×·via Possession Of Heroin With Intent To Distribute
  The court held that the evidence was sufficient to sustain the convictions and that the search and seizure of the heroin were lawful.
• United States v. Graham Lee Kendall
  766 F.2d 1426· 10th Cir.· 1985-07-03 ·cited 96×
  The court held that sufficient evidence supported Kendall's conviction for conspiracy to possess marijuana with intent to distribute and for violating the Travel Act, and that the admission of prior bad acts evidence was proper.
• United States v. Darby
  744 F.2d 1508· 11th Cir.· 1984-10-29 ·cited 96×
  The court affirmed the convictions and sentences, finding no violations of speedy trial rights, abuse of discretion in denying continuances, or denial of a fair trial. It also rejected claims regarding jurisdiction, sentencing, and sufficiency of evidence.
• United States v. Dorr
  636 F.2d 117· 5th Cir.· 1981-02-06 ·cited 96×
  The court held that prosecutorial misconduct during closing arguments, by improperly referencing judges' reasons for accepting plea bargains and suggesting defense accusations of judicial conspiracy, prejudiced the defendants and warranted a new trial.
• United States v. Brown
  584 F.2d 252· 8th Cir.· 1978-09-14 ·cited 96×
  The court held that the search warrants were valid, the jury instructions were adequate, and the recitation of Miranda warnings was harmless error, but the evidence was insufficient to convict Cleo Brown of conspiracy.
• United States v. Arteaga-Limones
  529 F.2d 1183· 5th Cir.· 1976-04-08 ·cited 96×
• United States v. Recalde
  761 F.2d 1448· 10th Cir.· 1985-05-10 ·cited 95×·via Possession With Intent To Distribute Cocaine
  The court held that the defendant's consent to search his vehicle was tainted by his unlawful seizure and detention, and therefore the evidence found must be suppressed.
• United States v. Graham
  548 F.2d 1302· 8th Cir.· 1977-01-26 ·cited 95×·via Possession Of Heroin With Intent To Distribute
  The court held that the search warrant affidavit established probable cause, co-conspirator statements were admissible, and the joinder and severance decisions were not abuses of discretion, leading to no reversible error.
• United States v. Jordan
  890 F.2d 968· 7th Cir.· 1989-12-07 ·cited 94×·via Possession With Intent To Distribute Cocaine
  The court affirmed the district court's sentencing decision, finding no clear error in factual determinations or Guideline applications regarding obstruction of justice and acceptance of responsibility, and deeming the upward departure reasonable.
• United States v. Guerra
  888 F.2d 247· 2d Cir.· 1989-10-23 ·cited 94×·via Possession With Intent To Distribute Crack Cocaine
  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. Gallo
  763 F.2d 1504· 6th Cir.· 1985-05-29 ·cited 94×
  The court affirmed the convictions of the appellants for RICO, CCE, and related offenses, finding sufficient evidence to support the jury's verdicts.
• United States v. Carter
  721 F.2d 1514· 11th Cir.· 1984-01-13 ·cited 94×·via Aiding And Abetting Possession Of Marijuana With Intent To Distribute
  The court held that tape-recorded conversations were admissible as co-conspirator hearsay and affirmed RICO conspiracy convictions, reversing only tax evasion convictions for Larry and Suzette Jackson.
• United States v. Varella
  692 F.2d 1352· 11th Cir.· 1982-12-06 ·cited 94×·via Possession Of Marijuana With Intent To Distribute
  The court held that the trial court did not err in limiting cross-examination of informants, denying severance motions, or admitting hearsay statements made in furtherance of a continuing conspiracy.
• United States v. Davis
  679 F.2d 845· 11th Cir.· 1982-06-28 ·cited 94×
  The court held that the Speedy Trial Act was not violated, the indictment did not suffer a constructive amendment, and the evidence was sufficient to support the convictions for conspiracy and possession with intent to distribute cocaine.
• United States v. Burns
  624 F.2d 95· 10th Cir.· 1980-03-31 ·cited 94×
  The court held that the search warrant was supported by probable cause, the agent's eavesdropping was lawful, and the drug-sniffing dog's actions did not constitute a search. However, the evidence was insufficient to support the jury's inference of intent to distribute for two de
• United States v. Dubrofsky
  581 F.2d 208· 9th Cir.· 1978-08-09 ·cited 94×
  The court affirmed the conviction, holding that the use of an electronic tracking device was not an unreasonable search, consent to search was valid, the search warrant affidavit was sufficient, the warrant's execution was permissible under the circumstances, and consecutive sent
• United States v. Blake
  484 F.2d 50· 8th Cir.· 1973-09-12 ·cited 94×
  The court held that the warrantless search of the basement was justified under exigent circumstances due to the probable destruction of evidence, and that sufficient evidence existed to prove intent to distribute.