Possession With Intent To Distribute

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

• United States v. Smallwood
  920 F.2d 1231· 5th Cir.· 1991-01-03 ·cited 15×
  The court held that the district court properly included the potential yield of methamphetamine from seized precursor chemicals in calculating the defendant's sentence under the guidelines, and that the defendant's guilty plea was voluntary and intelligent.
• United States v. Eustaquio C. Deases
  918 F.2d 118· 10th Cir.· 1990-11-01 ·cited 15×
  The court held that the district court did not err in denying the motion to suppress, admitting testimony, or refusing a downward sentencing departure, and that the stop and search of the vehicle were lawful.
• United States v. Taylor
  857 F.2d 210· 4th Cir.· 1988-09-13 ·cited 15×
  The court held that the investigative stop of the automobile, the show of force, the pat-down search, and the subsequent search of the automobile were all constitutionally permissible under the Fourth Amendment.
• United States v. Lewellyn Henry and Winston Franklin McNair
  849 F.2d 1534· 5th Cir.· 1988-07-12 ·cited 15×
  The evidence was sufficient to support the jury's verdict that the appellants knowingly possessed marijuana with intent to distribute and conspired to do so.
• United States v. Leal
  831 F.2d 7· 1st Cir.· 1987-10-19 ·cited 15×
  The court held that the defendant's conviction for importation was supported by sufficient evidence, and his claim regarding a suppression hearing was waived by failure to file pre-trial.
• United States v. Milian-Rodriguez
  828 F.2d 679· 11th Cir.· 1987-09-28 ·cited 15×
  The court held that the district court did not abuse its discretion in denying the appellant's motion to suppress evidence from the plane search as untimely, and that the appellant failed to demonstrate exceptional circumstances for deposing foreign witnesses.
• United States v. Massell
  823 F.2d 1503· 11th Cir.· 1987-08-07 ·cited 15×
  The court held that the denial of the motion to suppress was proper because the appellant had standing and consented to the search, and the search was a lawful border search. The court also held that the denial of the motion to admit the co-defendant's guilty plea and the denial
• United States v. Velleeta Jackson
  778 F.2d 933· 2d Cir.· 1985-12-03 ·cited 15×
  The court held that the entry into Jackson's bedroom was a lawful security check and her subsequent consent to search was voluntary, and that collateral estoppel did not bar her retrial on possession charges after an acquittal on conspiracy charges.
• United States v. Asselin
  775 F.2d 445· 1st Cir.· 1985-10-25 ·cited 15×
  The court held that the warrant was supported by sufficient probable cause and its scope was not exceeded, and that the evidence was sufficient for conviction.
• United States v. Ruz-Salazar
  764 F.2d 1433· 11th Cir.· 1985-07-09 ·cited 15×
  The court held that the evidence was sufficient to support the conviction and that the prosecutor's comment on the defendant's post-Miranda silence, while a constitutional violation, was harmless error beyond a reasonable doubt.
• United States v. Rojas
  731 F.2d 707· 11th Cir.· 1984-01-31 ·cited 15×
  The court held that the search was lawful as a border search and that the prosecutor's comments, while potentially improper, did not prejudice the defendants' substantive rights, thus affirming the convictions.
• United States v. Berrong
  712 F.2d 1370· 11th Cir.· 1983-08-22 ·cited 15×
  The court held that the appellants did not have a reasonable expectation of privacy in the marijuana field, and thus the search and seizure did not violate the Fourth Amendment.
• United States v. Strini
  658 F.2d 593· 8th Cir.· 1981-09-09 ·cited 15×
  The court held that characterizing an informant as a 'third confidential informant' to mask their identity, while not condoned, does not constitute a deliberate falsehood under Franks v. Delaware if the underlying information provided is truthful and sufficient to establish proba
• United States v. Bramble
  641 F.2d 681· 9th Cir.· 1981-03-09 ·cited 15×
  The court held that admitting evidence of a prior marijuana possession conviction was error because it was not similar enough to the cocaine distribution charge to prove predisposition, and the trial court failed to conduct a Rule 403 balancing test. However, the court found that
• United States v. Gray
  626 F.2d 102· 9th Cir.· 1980-08-07 ·cited 15×
  The court held that the warrantless arrest and subsequent search were justified by exigent circumstances, and the stipulation of facts did not require the same protections as a guilty plea.
• United States v. Nemencio Canales
  596 F.2d 664· 5th Cir.· 1979-06-06 ·cited 15×
  The court held that the evidence was sufficient to support the convictions and that any variance between the indictment and proof was not prejudicial.
• United States v. Merlino
  595 F.2d 1016· 5th Cir.· 1979-05-22 ·cited 15×
  The court held that while the conviction stands, consecutive sentences for possession with intent to distribute and distribution arising from a single act are impermissible.
• United States v. Flores
  531 F.2d 222· 5th Cir.· 1976-04-30 ·cited 15×
  The court held that the warrantless search of the Cadillac was a permissible extended border search.
• United States v. Hernandez
  484 F.2d 86· 5th Cir.· 1973-08-30 ·cited 15×
  The court held that the evidence, viewed favorably to the government, was sufficient to support a finding of constructive possession of marijuana with intent to distribute.
• United States v. Soto
  988 F.2d 1548· 10th Cir.· 1993-03-22 ·cited 14×
  The dissenting judge would hold that the officer lacked an objectively reasonable suspicion to detain and question the driver about drugs or weapons, as the driver's nervousness and inability to provide an address in cold weather, coupled with a negative NCIC report for the vehic
• United States v. Figueroa
  976 F.2d 1446· 1st Cir.· 1992-10-07 ·cited 14×
  The court affirmed the convictions, finding no reversible error in the denial of severance motions, evidentiary rulings, or the admission of tape transcripts and background hearsay.
• United States v. Royal
  972 F.2d 643· 5th Cir.· 1992-09-08 ·cited 14×
  The court held that the admission of certain evidence, even if erroneous, was harmless error due to overwhelming evidence of guilt, and that the defendant's sentence was properly calculated based on drug quantity as a sentencing factor.
• United States v. Ocampo-Guarin
  968 F.2d 1406· 1st Cir.· 1992-07-08 ·cited 14×
  The court held that the evidence was sufficient to support the defendant's conviction for drug offenses, and that the prosecutor's closing argument and jury instructions were not improper.
• United States v. Robinson
  967 F.2d 287· 9th Cir.· 1992-06-15 ·cited 14×
  The court held that federal prosecution did not violate due process, ineffective assistance of counsel claims are generally for collateral attack, the denial of a continuance was not an abuse of discretion, there was sufficient evidence for the conviction, and the sentence was pr
• United States v. Menesses
  962 F.2d 420· 5th Cir.· 1992-05-22 ·cited 14×
  The court reversed Harold Bratovich's conviction due to insufficient evidence of his involvement in the conspiracy and aiding and abetting. The court affirmed the denial of Barreto's motion to suppress her confession and the increase in her offense level.
• United States v. Filemon Sotelo Sanchez
  961 F.2d 1169· 5th Cir.· 1992-05-19 ·cited 14×
  The court affirmed convictions for conspiracy, possession with intent to distribute, and telephone use, finding sufficient evidence and rejecting claims of prosecutorial misconduct and variance. It also declined to review an ineffective assistance of counsel claim not raised belo
• United States v. Olderbak
  961 F.2d 756· 8th Cir.· 1992-04-10 ·cited 14×
  The court held that the indictment was sufficient, evidence was admissible, speedy trial rights were not violated, and the sentence was properly calculated under the Sentencing Guidelines.
• United States v. Garrett
  959 F.2d 1005· D.C. Cir.· 1992-03-17 ·cited 14×
  The court held that the trial court did not err in finding probable cause to search the defendant's car and in excluding certain defense evidence, and that the application of the career offender provision of the Sentencing Guidelines was lawful.
• United States v. Robinson
  956 F.2d 1388· 7th Cir.· 1992-02-27 ·cited 14×
  The court held that the evidence was sufficient to support a finding of a single conspiracy and that the district court did not err in admitting co-conspirator statements, jury instructions, tape recordings, transcripts, or evidence of prior marijuana conspiracy and imprisonment.
• United States v. Bell
  954 F.2d 232· 4th Cir.· 1992-01-21 ·cited 14×
  The court held that while there was sufficient evidence to support the conviction for possession of crack cocaine, the evidence was insufficient to prove a conspiracy beyond a reasonable doubt.
• United States v. Limehouse
  950 F.2d 501· 7th Cir.· 1991-12-11 ·cited 14×
  The court held that the defendant's claims of ineffective assistance of counsel and insufficient evidence to support her conviction lacked merit.
• United States v. Aguilar
  948 F.2d 392· 7th Cir.· 1991-11-22 ·cited 14×
  The court held that the evidence was sufficient to support the defendant's conviction for conspiracy to distribute cocaine and that his Sixth Amendment right to confrontation was not violated by limitations on cross-examination.
• United States v. Adan Chavez
  947 F.2d 742· 5th Cir.· 1991-11-08 ·cited 14×
  The court held that the evidence was sufficient to support the appellants' convictions for conspiracy and aiding and abetting drug possession with intent to distribute, and that the district court's upward adjustment of Campos's sentence for being an organizer was not clearly err
• United States v. Uricoechea-Casallas
  946 F.2d 162· 1st Cir.· 1991-10-11 ·cited 14×
  The court held that evidence seized during a customs search of luggage at a border and incident to arrest was admissible, and that the defendant was not entitled to sentencing reductions for being a minor participant or for acceptance of responsibility.
• United States v. Erwin Sanchez
  943 F.2d 110· 1st Cir.· 1991-08-27 ·cited 14×
  The court held that the defendant lacked a legitimate expectation of privacy in the car, thus lacking standing to challenge the search, and that sufficient evidence supported his conviction for knowing possession of cocaine.
• United States v. Rodriguez
  943 F.2d 215· 2d Cir.· 1991-08-27 ·cited 14×
  The court held that a defendant's false statement about prior convictions to a probation officer constitutes obstruction of justice under U.S.S.G. § 3C1.1, and that the admission of a post-arrest statement regarding drug sales, while error, was harmless beyond a reasonable doubt.
• United States v. Berzon
  941 F.2d 8· 1st Cir.· 1991-08-05 ·cited 14×
  A defendant must be provided with notice and an adequate opportunity to comment on factual information used in sentencing, especially when that information comes from a separate proceeding.
• United States v. Isidro Moreno (90-5832)
  933 F.2d 362· 6th Cir.· 1991-05-09 ·cited 14×
  The court held that the district court did not abuse its discretion in denying motions for mistrial based on jury exposure to defendants' custodial status, nor in denying motions for severance or continuance, and that the government could cross-examine a defendant on prior incons
• United States v. Melton
  930 F.2d 1096· 5th Cir.· 1991-04-25 ·cited 14×
  The court held that the government's transmittal letter promising a recommendation for downward departure, when read with the plea agreement, created an obligation that could be breached, and that the record was inadequate to determine if such a breach occurred or if sentencing d
• United States v. Jenkins
  928 F.2d 1175· D.C. Cir.· 1991-03-29 ·cited 14×
  The court held that the evidence was sufficient to sustain the jury's verdict against Jenkins, and rejected Stephens' sufficiency-of-the-evidence and severance claims.
• United States v. Williams
  922 F.2d 737· 11th Cir.· 1991-01-29 ·cited 14×
  The court held that 21 U.S.C. § 845b does not require the defendant to know the minor's age, only that they knowingly employed someone in a drug offense. It also held that a defendant cannot receive a sentencing enhancement for obstruction of justice based on conduct for which th
• United States v. Ibanez
  924 F.2d 427· 2d Cir.· 1991-01-15 ·cited 14×
  The court held that the district court did not err in denying a two-point reduction for acceptance of responsibility and in calculating the defendant's Criminal History Category.
• United States v. Olawale Olamrewaju Oguns
  921 F.2d 442· 2d Cir.· 1990-12-17 ·cited 14×
  The court held that evidence seized from the defendant's apartment was admissible because his consent was voluntary and any taint from a prior illegal entry was dissipated, and that a phone call was admissible as non-hearsay circumstantial evidence.
• United States v. Benitez
  920 F.2d 1080· 2d Cir.· 1990-12-05 ·cited 14×
  The court held that the admission of redacted codefendant statements, the denial of severance, and the sufficiency of evidence were not grounds for reversal of the conviction.
• United States v. McCRAW
  920 F.2d 224· 4th Cir.· 1990-11-30 ·cited 14×
  The court should not conclude on admissibility without a full record development and proper analysis of attenuation and inevitable discovery doctrines.
• United States v. Alvaro David de Leon Davis
  914 F.2d 340· 1st Cir.· 1990-09-19 ·cited 14×
  The court held that the evidence was sufficient to support the conviction, the supplemental jury charge was not plain error, and the prosecutor's closing argument comments were permissible.
• United States v. Dobynes
  905 F.2d 1192· 8th Cir.· 1990-06-15 ·cited 14×
  The court held that the district court did not err in admitting other crimes evidence, physical evidence, or in its jury instructions, and that the Batson claim was untimely and not plain error. The refusal to depart from sentencing guidelines was also affirmed.
• United States v. Hilton
  894 F.2d 485· 1st Cir.· 1990-01-29 ·cited 14×
  The court held that the government presented sufficient evidence to prove beyond a reasonable doubt the quantity of marijuana involved, supporting the penalty enhancement.
• United States v. Mack
  892 F.2d 134· 1st Cir.· 1989-12-26 ·cited 14×
  The court held that the evidence was sufficient to support the conviction and that the defendant waived certain procedural objections.
• United States v. Esnoel Lopez-Pena
  912 F.2d 1542· 1st Cir.· 1989-11-22 ·cited 14×
  The dissenting judge believes the majority erred in its application of plain error review and its interpretation of the Supreme Court's holding in Gomez regarding magistrate jury selection.