Possession With Intent To Distribute

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

• United States v. Valenzuela
  584 F.2d 374· 10th Cir.· 1978-10-05 ·cited 12×
  The denial of a motion to dismiss an indictment based on the government's internal Petite policy is not an appealable interlocutory order, as the policy does not confer an enforceable right on the defendant and the order is not a final decision.
• United States v. Uriarte
  575 F.2d 215· 9th Cir.· 1978-03-02 ·cited 12×
  The court held that the admission of prior arrest evidence and the denial of severance were proper, and that jury instructions were not plainly erroneous.
• United States v. Vargas-Martinez
  569 F.2d 1102· 9th Cir.· 1978-02-21 ·cited 12×
  The court held that the trial court did not err in substituting counsel due to a conflict of interest, nor in denying a continuance, nor in refusing a jury instruction, and that no prosecutorial misconduct occurred.
• United States v. Hernandez-Berceda
  572 F.2d 680· 9th Cir.· 1978-02-09 ·cited 12×
  The court held that the trial judge did not abuse discretion in denying a continuance for a codefendant's testimony or in refusing to disclose the identity of a government informant.
• United States v. Beverly
  562 F.2d 201· 2d Cir.· 1977-09-19 ·cited 12×
  The court affirmed convictions for federal narcotics law violations, remanding only for vacation of special parole terms conflicting with the Youth Corrections Act.
• United States v. French
  545 F.2d 1021· 5th Cir.· 1977-01-24 ·cited 12×
  The court held that the warrantless search of a suitcase found within the arrestee's immediate control, based on probable cause and incident to a lawful arrest, was constitutional.
• United States v. Esparza
  546 F.2d 841· 9th Cir.· 1976-12-16 ·cited 12×
  The court held that inaccuracies in an arrest warrant affidavit, even if not made in bad faith, can invalidate the warrant if they are sufficiently misleading to prevent a magistrate from exercising independent judgment regarding probable cause.
• United States v. Chester
  537 F.2d 173· 5th Cir.· 1976-08-18 ·cited 12×
  The magistrate's determination of probable cause to search Chester's residence was improper because the affidavit did not establish probable cause, only mere suspicion.
• United States v. Erasmus Flecha
  539 F.2d 874· 2d Cir.· 1976-06-23 ·cited 12×
  The court held that the admission of a co-defendant's statement against appellant, based solely on his silence while under arrest, was erroneous.
• United States v. Rueter
  536 F.2d 296· 9th Cir.· 1976-05-24 ·cited 12×
  The court held that the defendants' convictions for conspiracy to possess with intent to distribute hashish were valid, rejecting their defenses of Wharton's Rule, impossibility, and entrapment.
• United States v. Cruz
  523 F.2d 473· 9th Cir.· 1975-09-19 ·cited 12×
  The court held that a specific 'no-benefit' finding under 18 U.S.C. § 4209 is not required before sentencing a 'young adult offender' under other applicable penalty provisions.
• United States v. Smith
  520 F.2d 1245· 8th Cir.· 1975-08-08 ·cited 12×
  The court held that a co-conspirator's statement made after the conspiracy's termination, which was exculpatory and implicated the appellant, was inadmissible hearsay.
• United States v. Marshall
  513 F.2d 274· 5th Cir.· 1975-05-27 ·cited 12×
  The court held that Dempsey's double jeopardy and collateral estoppel claims were not constitutionally mandated, and Marshall's severance motion and the use of a firearms form did not constitute reversible error.
• United States v. Ortiz
  513 F.2d 198· 9th Cir.· 1975-03-21 ·cited 12×
  The court held that imposing an adult sentence consecutively to a Youth Corrections Act commitment is inconsistent and erroneous.
• United States v. Mariela Zapata
  497 F.2d 95· 5th Cir.· 1974-07-17 ·cited 12×
  The court held that the jury instruction on the intent required for importation of cocaine was prejudicially deficient, allowing for conviction on an erroneous theory of liability.
• United States v. LUE
  498 F.2d 531· 9th Cir.· 1974-06-19 ·cited 12×
  The court held that the defendant's conviction was not a denial of due process and that entrapment was not established as a matter of law.
• United States v. Polite
  489 F.2d 679· 5th Cir.· 1974-02-13 ·cited 12×
  The court held that the evidence was sufficient to support the conviction and that the trial court did not err in admitting certain testimony or in its jury instructions.
• United States v. Jiminez
  484 F.2d 91· 5th Cir.· 1973-08-24 ·cited 12×
  The court held that the jury instructions, while potentially redundant, were not harmful, and the defendant's waiver of her rights was knowing. The court also found no error in the handling of Jencks Act material.
• United States v. Rodriguez
  975 F.2d 999· 3d Cir.· 1992-09-18 ·cited 11×
  The court held that the boric acid and cocaine in the packages did not constitute a "mixture" under the Sentencing Guidelines because the cocaine was not commingled with the boric acid and the boric acid was not a usable cutting agent or distribution medium.
• United States v. Goodapple
  958 F.2d 1402· 7th Cir.· 1992-03-16 ·cited 11×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on the admissibility of evidence, the prosecutor's remarks, or the decision to try the case in federal court.
• United States v. Sher Malik Bahadar
  954 F.2d 821· 2d Cir.· 1992-01-22 ·cited 11×
  The court held that a witness invoking the Fifth Amendment privilege against self-incrimination is unavailable for hearsay exceptions, and that exculpatory statements against penal interest require corroborating circumstances to ensure trustworthiness.
• United States v. Gregorio de Jesus Mares
  940 F.2d 455· 9th Cir.· 1991-07-29 ·cited 11×
  The court held that there was sufficient evidence to support the convictions for conspiracy and possession, and that the prosecutor's and judge's actions did not violate the defendants' rights.
• United States v. Dring
  930 F.2d 687· 9th Cir.· 1991-04-04 ·cited 11×
  The court held that the district court did not err in barring character evidence, allowing in-court identifications, or denying dismissal due to the deportation of alien witnesses.
• United States v. Cordova-Larios
  907 F.2d 40· 5th Cir.· 1990-07-16 ·cited 11×
  The court held that the defendant was entitled to a jury instruction on the defense of mere presence, and the denial of this instruction warranted reversal.
• United States v. Ramirez
  880 F.2d 236· 9th Cir.· 1989-07-24 ·cited 11×
  The court held that there was insufficient evidence to sustain the defendant's conviction for drug offenses.
• United States v. Irej Alex Malekzadeh
  855 F.2d 1492· 11th Cir.· 1988-09-28 ·cited 11×
  The court held that wiretaps were lawful, the exclusionary rule's good faith exception applied, and the retrial did not violate double jeopardy. Sentences were affirmed.
• United States v. Tomaszewski
  833 F.2d 1532· 11th Cir.· 1987-12-16 ·cited 11×
  The court held that the officers had probable cause to arrest the defendant based on his behavior and the visible bulge, making the subsequent seizure of cocaine incident to a lawful arrest.
• United States v. Aldrick Pat Bailey
  830 F.2d 156· 11th Cir.· 1987-10-19 ·cited 11×
  The court held that the trial judge did not err in referring jury questions back to instructions, refusing a specific entrapment burden instruction, or admitting allegedly garbled tape recordings.
• United States v. Pulido-Baquerizo
  800 F.2d 899· 9th Cir.· 1986-09-23 ·cited 11×
  Passengers impliedly consent to a visual inspection and limited hand search of their luggage if an x-ray scan is inconclusive for weapons or explosives, as a condition of airline travel.
• United States v. Alvarez-Sanchez
  774 F.2d 1036· 11th Cir.· 1985-10-25 ·cited 11×
  The court held that the evidence was sufficient to convict Ruiz of possession with intent to distribute cocaine and that Alvarez was not unlawfully seized, thus denying his motion to suppress.
• United States v. Blakeney
  753 F.2d 152· D.C. Cir.· 1985-01-29 ·cited 11×
  The court held that the convictions for possession of firearms should be vacated as they arose from a single offense, but affirmed the marihuana possession convictions.
• United States v. Hernandez
  580 F.2d 188· 5th Cir.· 1978-09-18 ·cited 11×
• United States v. Paduano
  549 F.2d 145· 9th Cir.· 1977-01-25 ·cited 11×
  The court held that the district court's entrapment instruction, which required the defendant to admit guilt to the charged acts as a prerequisite to claiming entrapment, constituted plain error requiring reversal.
• United States v. Harlin
  539 F.2d 679· 9th Cir.· 1976-07-19 ·cited 11×
  The court held that the trial court's admonition regarding perjury did not deny due process, the evidence was sufficient to sustain the conviction, and the sentence disparity was not substantial enough to require explanation.
• United States v. Rodriguez
  75 F.4th 1231· 11th Cir.· 2023-08-01 ·cited 10×
  The Eleventh Circuit affirmed the district court's application of the premises enhancement but vacated and remanded for resentencing on the supervised release conditions that were not orally pronounced.
• United States v. Goines
  988 F.2d 750· 7th Cir.· 1993-03-17 ·cited 10×
  The court affirmed the convictions, finding sufficient evidence to support the conspiracy and firearms charges against the appellants and upholding the trial court's evidentiary rulings.
• United States v. Arambula-Ruiz
  987 F.2d 599· 9th Cir.· 1993-03-03 ·cited 10×
  The court held that the admission of a prior drug conviction for knowledge and intent was proper under Rule 404(b), and co-conspirator statements were admissible under Rule 801(d)(2)(E); errors in admitting prior arrests were harmless, and no Bruton error occurred.
• United States v. Garcia
  983 F.2d 1160· 1st Cir.· 1993-02-04 ·cited 10×
  The court held that the evidence was sufficient to support the convictions, the district judge did not err in vacating the magistrate's order compelling the informant's attendance, and the judge did not err in refusing to suppress evidence or statements.
• United States v. Claudio Gonzalez-Torres
  980 F.2d 788· 1st Cir.· 1992-11-20 ·cited 10×
  The court held that the evidence was sufficient to support the convictions and that the district judge's questioning did not constitute plain error.
• United States v. Villasenor
  977 F.2d 331· 7th Cir.· 1992-10-08 ·cited 10×
  The court affirmed convictions and sentences for most defendants but remanded for the district court to make written findings regarding disputed facts in the presentence report for one defendant.
• United States v. Fadi B. Haddad
  976 F.2d 1088· 7th Cir.· 1992-10-02 ·cited 10×
  The court held that the trial court did not err in admitting co-conspirator statements, that the prosecutor's rebuttal argument was not improper, that there was sufficient evidence to support the conviction, that the entrapment defense was not established as a matter of law, and
• United States v. Bethley
  973 F.2d 396· 5th Cir.· 1992-09-14 ·cited 10×
  The court affirmed the conviction and sentence, finding no error in the denial of due process claims, sufficiency of evidence, or sentencing calculations.
• United States v. Holt
  969 F.2d 685· 8th Cir.· 1992-07-14 ·cited 10×
  The court affirmed conspiracy convictions and sentences for Perfetto and Ball, vacated CCE convictions for Holt and Perfetto, and vacated Holt's obstruction of justice sentence for a new hearing.
• United States v. Arias-Montoya
  967 F.2d 708· 1st Cir.· 1992-06-23 ·cited 10×
  The court held that the admission of a defendant's prior drug conviction was permissible under Fed.R.Evid. 404(b) to establish knowledge, even if propensity was a factor in the inference.
• United States v. Ramirez
  963 F.2d 693· 5th Cir.· 1992-06-05 ·cited 10×
  The court affirmed convictions and sentences for most defendants, but vacated and remanded one defendant's sentence due to missing findings. The court found no reversible error in the admission of statements, business cards, witness testimony, or in rulings regarding mistrials, j
• United States v. Arias-Santana
  964 F.2d 1262· 1st Cir.· 1992-06-04 ·cited 10×
  The court held that the admission of a police report to rebut an implied charge of recent fabrication was proper, and that claims regarding witness sequestration and jury instructions were waived or waived and reviewed for plain error, with no such error found.
• United States v. Torres
  965 F.2d 303· 7th Cir.· 1992-06-02 ·cited 10×
  The court held that the jury instructions, when viewed as a whole, did not constitute plain error, and the limitation on cross-examination was not an abuse of discretion.
• United States v. Nance
  962 F.2d 860· 9th Cir.· 1992-04-16 ·cited 10×
  The court held that the denial of the defendant's motion to suppress evidence was proper, and his due process rights were not violated by the referral of his case for federal prosecution.
• United States v. Pierre
  958 F.2d 1304· 5th Cir.· 1992-04-13 ·cited 10×
  The en banc court held that even if the agent's actions constituted a search, it was reasonable under the Fourth Amendment, and the evidence obtained was admissible. The court also found sufficient evidence to support the convictions and no plain error in the prosecutor's argumen
• United States v. Hinojosa
  958 F.2d 624· 5th Cir.· 1992-04-03 ·cited 10×
  The court affirmed the convictions and sentences, finding the evidence sufficient and no improprieties in jury selection or sentencing calculations.