Possession With Intent To Distribute

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

• United States v. Hernandez
  588 F.2d 346· 2d Cir.· 1978-11-27 ·cited 14×
  The court held that the trial court did not err in admitting evidence of the defendant's financial difficulties, but that the special parole condition prohibiting the defendant from returning to the United States was beyond the court's authority.
• United States v. Henciar
  568 F.2d 489· 6th Cir.· 1977-12-13 ·cited 14×
  The court held that the district court properly submitted the issue of entrapment to the jury and that evidence of prior drug sales was admissible to show intent and predisposition. However, one of two concurrent sentences imposed on Albert must be vacated.
• United States v. Ricco
  566 F.2d 433· 2d Cir.· 1977-11-30 ·cited 14×
  The court held that using suppressed wiretap recordings to refresh a witness's recollection before trial does not violate the statutory prohibition on disclosure or use of such recordings.
• United States v. Davis
  561 F.2d 1014· D.C. Cir.· 1977-07-27 ·cited 14×
  The court held that probable cause existed for the arrest, the amendment of the sentence to include a mandatory special parole term did not violate the Double Jeopardy Clause, and 21 U.S.C. § 841(a) is constitutional as applied to phenmetrazine.
• United States v. Costey
  554 F.2d 909· 9th Cir.· 1977-01-31 ·cited 14×
  The court held that the evidence was sufficient to sustain the conviction for conspiracy to possess with intent to distribute heroin.
• United States v. Wood
  545 F.2d 1124· 8th Cir.· 1976-12-06 ·cited 14×
  The court held that the warrantless arrest and search of the vehicle were supported by probable cause, and the defendant's inculpatory statements were voluntary and admissible.
• United States v. Moore
  554 F.2d 1086· D.C. Cir.· 1976-12-06 ·cited 14×
  The court held that trial counsel's actions, though not following a precise checklist, were reasonable and based on sound judgment, and did not violate any duty to the client.
• United States v. Heverto Rene Ramirez
  533 F.2d 138· 5th Cir.· 1976-06-01 ·cited 14×
  The court held that the trial court did not err in limiting the defendant's cross-examination of government witnesses regarding a confidential informant, as the scope of cross-examination is within the trial court's discretion and the defendant was not denied the opportunity to p
• United States v. Alejandro
  527 F.2d 423· 5th Cir.· 1976-02-19 ·cited 14×
  The court held that probable cause existed for the arrests, that severance was not required, and that evidence of a prior conviction was admissible for limited purposes.
• United States v. Ramirez
  513 F.2d 72· 5th Cir.· 1975-05-19 ·cited 14×
  The court held that the search of the defendants' truck was permissible under exigent circumstances and that Ramirez's other contentions lacked merit. The convictions were affirmed.
• United States v. Daly
  493 F.2d 395· 5th Cir.· 1974-05-02 ·cited 14×
  The court held that under pre-Almeida-Sanchez standards, the border search of the defendant's truck was valid.
• Gov't of the Virgin Islands v. Hernandez
  476 F.2d 791· 3d Cir.· 1973-04-03 ·cited 14×
• United States v. Zamora-Corona
  465 F.2d 427· 9th Cir.· 1972-08-24 ·cited 14×
  The court held that inconsistent verdicts are permissible in a bench trial, especially when the driver's control of the vehicle provides a basis for inferring possession of contraband, while the passenger lacks such direct connection.
• United States v. Pinto
  905 F.2d 47· 4th Cir.· 1990-05-24 ·cited 13×
  The court held that the term 'cocaine base' as used in 21 U.S.C. § 841 includes crack cocaine, and the admission of bail bond documents did not violate discovery rules or due process.
• United States v. Davis
  905 F.2d 245· 9th Cir.· 1990-05-21 ·cited 13×
  The court held that the Maritime Drug Law Enforcement Act applies extraterritorially to the defendant, and the Fourth Amendment does not extend to the search of a non-resident alien's vessel on the high seas.
• United States v. Roberson
  897 F.2d 1092· 11th Cir.· 1990-04-02 ·cited 13×
  The court held that the evidence was sufficient for conviction on Count 2, the denial of the motion to suppress for Count 4 was proper, and procedural errors were harmless. However, the forfeiture of substitute property was improperly valued.
• United States v. John Garcia (86-6110)
  866 F.2d 147· 6th Cir.· 1989-01-10 ·cited 13×
  The court held that the search of Garcia's luggage was consensual and that the evidence was sufficient to convict Wolfe, affirming the convictions.
• United States v. Troise
  796 F.2d 310· 9th Cir.· 1986-08-07 ·cited 13×
  The court held that the Coast Guard's boarding and inspection of the vessel, as well as the subsequent Customs search, did not violate the Fourth Amendment, and any potential Miranda violations were harmless error.
• United States v. Reubin W. Peaden
  727 F.2d 1493· 11th Cir.· 1984-03-26 ·cited 13×
  The court held that the admission of hearsay statements for a non-hearsay purpose (to show why a witness remembered a conversation) was not an abuse of discretion, even without a limiting instruction, as it did not constitute plain error.
• United States v. Legeza
  559 F.2d 441· 5th Cir.· 1977-09-19 ·cited 13×
  The court held that the Falfurrias checkpoint stops and marijuana odor searches are constitutional and that the evidence was sufficient to convict.
• United States v. Rowe
  631 F. 3d 1187· 11th Cir.· 2025-07-15 ·cited 12×
  The Eleventh Circuit held that its prior precedent in United States v. Shannon is no longer binding because the Florida Supreme Court has since clarified that Florida's cocaine trafficking statute requires proof of possession, making it a controlled substance offense under federa
• United States v. Arman Abovyan
  988 F.3d 1288· 11th Cir.· 2021-02-22 ·cited 12×
  Arman Abovyan, a primary-care physician with no addiction medicine training, was convicted of conspiracy to commit healthcare fraud, conspiracy to dispense controlled substances, and unlawful dispensing of buprenorphine while serving as medical director of two South Florida subst
• United States v. Damion Anthony Campbell
  223 F.3d 1286· 11th Cir.· 2000-08-22 ·cited 12×
  The government's misconduct, including the manufacture of evidence by a Customs agent and the subsequent knowing use of that tainted evidence at trial, constitutes a constitutional error that is not subject to the harmless error rule. This misconduct deprived the defendant of due
• Schwartz Monzell Gainer v. State
  633 So. 2d 480· Fla. 1st DCA· 1994-02-23 ·cited 12×
  Gainer appeals convictions for cocaine possession with intent to distribute, attempted sale/delivery, and being a principal to sale/delivery. The court reverses the possession with intent to distribute conviction because the trial court erroneously refused to instruct the jury on
• United States v. Derr
  990 F.2d 1330· D.C. Cir.· 1993-04-20 ·cited 12×
  The court held that the evidence was insufficient to prove the defendant 'used' a firearm in relation to drug possession, but sufficient to prove drug possession with intent to distribute.
• United States v. Skinner
  986 F.2d 1091· 7th Cir.· 1993-02-17 ·cited 12×
  The court held that the two-level enhancement under U.S.S.G. § 3B1.1(c) was appropriate because the defendant's role in orchestrating and coordinating participants in the criminal scheme qualified him as an organizer or supervisor, even if he did not directly control them.
• United States v. Miller
  974 F.2d 953· 8th Cir.· 1992-08-25 ·cited 12×
  The court held that the use of handcuffs during an investigative stop was reasonable, and a defendant's abandonment of a bag negated a Fourth Amendment claim. It also affirmed the denial of severance motions based on a redacted confession and the admission of prior bad acts evide
• United States v. Hager
  969 F.2d 883· 10th Cir.· 1992-07-07 ·cited 12×
  The court held that the search warrant was supported by probable cause, the evidence was sufficient to support the convictions, and the jury instructions were proper. The court also found that the defendant waived his challenge to the duplicitous nature of the indictment.
• United States v. McCARTHY
  961 F.2d 972· 1st Cir.· 1992-04-15 ·cited 12×
  The court held that the trial court did not err in excusing jurors for cause, admitting co-conspirator statements, admitting a telephone conversation, refusing to send cocaine packaging to the jury, determining the base offense level, adjusting for leadership role, or adjusting f
• United States v. Salazar
  958 F.2d 1285· 5th Cir.· 1992-04-10 ·cited 12×
  The court held that the evidence was sufficient to support Ramos' convictions and reversed the district court's acquittal of Salazar, reinstating the jury verdict against her.
• United States v. Madera-Gallegos
  945 F.2d 264· 9th Cir.· 1991-09-18 ·cited 12×
  The court held that flight from arrest, without more, does not constitute obstruction of justice under U.S.S.G. § 3C1.1, and that Carla Rosa was not a minimal participant.
• United States v. Garner
  940 F.2d 172· 6th Cir.· 1991-07-23 ·cited 12×
  The court held that the two-level enhancement for firearm possession under U.S.S.G. § 2D1.1(b)(1) was improper because it was clearly improbable that the unloaded handgun found in a locked safe was connected to the drug offense.
• United States v. Delgado
  936 F.2d 303· 7th Cir.· 1991-07-03 ·cited 12×
  The court affirmed the conviction and sentence, holding that the defendant's false statements to probation and pre-trial services constituted obstruction of justice, and his claims of ineffective assistance of counsel lacked merit.
• United States v. Loranza Verne Powell
  932 F.2d 1337· 9th Cir.· 1991-05-13 ·cited 12×
  The court held that the district court did not err in its voir dire, jury instructions, or sentencing determination, affirming the conviction and sentence.
• United States v. Simone
  931 F.2d 1186· 7th Cir.· 1991-05-03 ·cited 12×
  The court affirmed the convictions, holding that the defendants waived their challenge to the indictment by not raising it pre-trial, that the jury instructions on conspiracy were proper, and that Bosko's trial counsel provided effective assistance.
• United States v. Sotelo-Rivera
  931 F.2d 1317· 9th Cir.· 1991-05-01 ·cited 12×
  The court held that drug quantity is not an element of the offense of possession with intent to distribute under 21 U.S.C. § 841(a), but is relevant for penalty provisions under § 841(b).
• United States v. Yeagin
  927 F.2d 798· 5th Cir.· 1991-02-22 ·cited 12×
  The court held that the admission of evidence of the defendant's nine prior felony convictions was prejudicial error because its probative value was substantially outweighed by its potential for unfair prejudice, requiring reversal and remand for a new trial.
• United States v. Aurelio Carrasco Lechuga and Samuel Lechuga
  925 F.2d 1035· 7th Cir.· 1991-02-22 ·cited 12×
  The court held that the investigatory stop of the defendants' vehicle was supported by reasonable suspicion, and the subsequent searches of the vehicle trunk and apartment were constitutional based on voluntary consent. Therefore, the convictions are affirmed.
• United States v. Sanchez-Mata
  925 F.2d 1166· 9th Cir.· 1991-02-11 ·cited 12×
  The court held that there was insufficient evidence to connect the appellant to the drug conspiracy or to establish that he had dominion and control over the seized drugs.
• United States v. Link
  921 F.2d 1523· 11th Cir.· 1991-01-30 ·cited 12×
  The court held that sufficient evidence supported a RICO conspiracy conviction, and that the trial court did not err in denying motions to compel witness testimony or issue a missing witness instruction, nor did the convictions violate double jeopardy.
• United States v. Pulley
  922 F.2d 1283· 6th Cir.· 1991-01-10 ·cited 12×
  The court held that allowing two government agents to remain in the courtroom as witnesses violated Rule 615, but the error was harmless. The court also affirmed the conviction and sentence, finding no reversible error in the hearsay or sentencing departure issues.
• United States v. Martin
  920 F.2d 345· 6th Cir.· 1990-11-30 ·cited 12×
  The dissenting judge would reverse the conspiracy and possession with intent to distribute convictions, finding insufficient evidence to prove the essential elements beyond a reasonable doubt.
• United States v. Rogers
  918 F.2d 207· D.C. Cir.· 1990-11-09 ·cited 12×
  The court held that evidence of prior drug distribution and beeper possession was admissible under Federal Rules of Evidence 404(b) and 403, and that sufficient evidence supported the jury's verdict for drug distribution within a school zone.
• United States v. Delgado
  914 F.2d 1062· 8th Cir.· 1990-09-19 ·cited 12×
  The court held that venue was improper for the possession conviction but affirmed the conspiracy conviction.
• United States v. Adams
  914 F.2d 1404· 10th Cir.· 1990-09-18 ·cited 12×
  The court held that the mandatory minimum sentence enhancement applied to an aider and abettor, and that the trial court did not err in its evidentiary rulings or jury instructions.
• United States v. Ponce
  917 F.2d 841· 5th Cir.· 1990-08-08 ·cited 12×
  The court held that a district court may consider drug quantities beyond those specified in the count of conviction when determining a defendant's base offense level, provided those quantities are part of the same course of conduct or common scheme or plan, and the factual findin
• United States v. Cruz
  910 F.2d 1072· 3d Cir.· 1990-07-31 ·cited 12×
  The court held that the district court did not err in denying the motion to suppress statements made after arrest, finding probable cause for the arrest and adequate Miranda warnings. The court also affirmed the admissibility of the unidentified woman's statement as a co-conspira
• United States v. Williams
  898 F.2d 1400· 9th Cir.· 1990-03-16 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the disclosure of a confidential informant's identity, nor did it err in applying the Sentencing Guidelines.
• United States v. Cortes
  895 F.2d 1245· 9th Cir.· 1990-02-08 ·cited 12×
  A notice of appeal filed in a criminal case before the disposition of a motion for new trial is effective and does not divest the district court of jurisdiction to rule on the motion.
• United States v. Skidmore
  894 F.2d 925· 7th Cir.· 1990-02-02 ·cited 12×
  The court held that law enforcement officials had reasonable suspicion to briefly detain the defendant's bag for inspection by a narcotics detection dog, and that sufficient evidence existed to prove knowing possession of the cocaine found within.