Possession With Intent To Distribute

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

• United States v. Leiva
  959 F.2d 637· 7th Cir.· 1992-03-26 ·cited 10×
  The court held that the district court did not abuse its discretion in excluding time under the Speedy Trial Act, denying a severance, or applying the Sentencing Guidelines, and that sufficient evidence supported the conviction.
• United States v. Elvis Leonidas Ruiz-Batista
  956 F.2d 351· 1st Cir.· 1992-02-07 ·cited 10×
  The court held that the admission of prior instances of cocaine possession was admissible to show intent and knowledge, and the upward adjustment in sentencing based on the defendant's role in the offense was proper under the Sentencing Guidelines.
• United States v. Harris
  956 F.2d 177· 8th Cir.· 1992-02-05 ·cited 10×
  The court held that the defendant's warrantless arrest and the subsequent search of his car were lawful, and that the prosecutor's statements and the admission of the defendant's statement were not prejudicial error.
• United States v. Comeaux
  955 F.2d 586· 8th Cir.· 1992-01-31 ·cited 10×
  The court held that the warrantless search of garbage was permissible, search warrants were supported by probable cause, redacted codefendant statements were admissible, and the vicarious liability instruction was proper.
• United States v. Sacerio
  952 F.2d 860· 5th Cir.· 1992-01-22 ·cited 10×
  The court held that the evidence was insufficient to prove beyond a reasonable doubt that the defendants knowingly possessed cocaine with intent to distribute or voluntarily participated in a conspiracy to do so.
• United States v. Quarles
  955 F.2d 498· 8th Cir.· 1992-01-14 ·cited 10×
  The court held that the evidence seized during the stops and searches was admissible, and that the convictions and sentence were supported by sufficient evidence.
• United States v. Almonte
  952 F.2d 20· 1st Cir.· 1991-12-27 ·cited 10×
  The court held that cocaine seized pursuant to a warrant was admissible, and that sufficient evidence supported the jury's verdict of guilt for drug conspiracy and distribution. The court also affirmed a sentence enhancement for firearm possession during a drug offense.
• United States v. Lawrence
  951 F.2d 751· 7th Cir.· 1991-12-19 ·cited 10×
  The court held that the "100 to 1 ratio" for sentencing cocaine base versus cocaine does not violate due process or equal protection, and the district court's enhancement for obstruction of justice was not clearly erroneous.
• United States v. Blas
  947 F.2d 1320· 7th Cir.· 1991-11-14 ·cited 10×
  The court held that the evidence was sufficient to support the conviction, the trial court did not err in denying production of documents used to refresh a witness's recollection, the finding regarding the quantity of drugs involved in a larger conspiracy was not clearly erroneou
• United States v. Claudio Roger Martinez
  946 F.2d 100· 9th Cir.· 1991-10-01 ·cited 10×
  The court held that an upward departure from sentencing based solely on the large quantity of drugs involved was impermissible when the Sentencing Guidelines already accounted for such quantities.
• United States v. Reynaldo De Jesus Restrepo-Contreras
  942 F.2d 96· 1st Cir.· 1991-08-21 ·cited 10×
  The court held that there was no impermissible variance between the charge and proof, sufficient evidence supported the conviction, and the weight of the beeswax-cocaine mixture was correctly used for sentencing.
• United States v. Guerrero
  938 F.2d 725· 7th Cir.· 1991-07-25 ·cited 10×
  The court held that the defendant's trial counsel's performance did not fall below an objective standard of reasonableness and did not prejudice the defendant, thus not constituting ineffective assistance of counsel.
• United States v. Alphonso Martinez
  937 F.2d 299· 7th Cir.· 1991-07-10 ·cited 10×
  The court held that the evidence was sufficient to support the jury's verdicts for conspiracy and possession with intent to distribute cocaine, and that the admission of certain testimony and prosecutorial comments did not constitute plain error.
• United States v. Beltran-Felix
  934 F.2d 1075· 9th Cir.· 1991-05-28 ·cited 10×
  The court held that a liquid solution containing methamphetamine, even if not in a distributable state, counts towards the statutory weight for mandatory minimum sentencing under 21 U.S.C. § 841(b)(1)(B)(viii).
• United States v. Wade
  931 F.2d 300· 5th Cir.· 1991-05-03 ·cited 10×
  The court held that the trial judge's conduct did not create an appearance of partiality, the prosecutor's comments did not violate the defendant's Fifth Amendment rights, and the upward departure from the Sentencing Guidelines was reasonable.
• United States v. Villegas
  928 F.2d 512· 2d Cir.· 1991-03-12 ·cited 10×
  The court held that the investigative stop was supported by reasonable suspicion, the search of the bag was consensual, and the Miranda warnings given to Gonzalez, though imperfectly administered, were sufficient.
• United States v. Gonzales
  927 F.2d 139· 3d Cir.· 1991-03-08 ·cited 10×
  The court held that the informant's contingent fee arrangement did not violate due process and that the sentencing decisions were not clearly erroneous. The court also affirmed that a downward departure for cooperation requires a government motion.
• United States v. Rogers
  921 F.2d 1089· 10th Cir.· 1990-12-19 ·cited 10×
  The court held that consecutive sentences under 18 U.S.C. § 924(c) for multiple firearms used in a single drug trafficking offense violate the Double Jeopardy Clause, but affirmed the sufficiency of evidence for the underlying convictions.
• United States v. Winfrey
  915 F.2d 212· 6th Cir.· 1990-09-28 ·cited 10×
  The court held that although the Terry stop exceeded its permissible scope, the officers had probable cause to arrest the defendant, thus the evidence obtained was admissible.
• United States v. Peters
  912 F.2d 208· 8th Cir.· 1990-08-16 ·cited 10×
  The court held that the evidence seized was admissible under the plain view doctrine and that sufficient evidence supported the conviction for possession with intent to distribute, and the sentencing was proper.
• United States v. Buchanan
  904 F.2d 349· 6th Cir.· 1990-05-25 ·cited 10×
  The court held that the warrantless entry into the defendant's home was not justified by exigent circumstances, and the subsequent consent to search was tainted by the illegal entry, requiring suppression of the seized evidence.
• United States v. Carmell MacKlin
  902 F.2d 1320· 8th Cir.· 1990-05-07 ·cited 10×
  The court held that the electronic surveillance was properly authorized, the information was not stale, and the necessity requirement was met. It also held that the defendant lacked standing to challenge the search of a car trunk not belonging to him.
• United States v. Jardee Carter
  901 F.2d 683· 8th Cir.· 1990-04-25 ·cited 10×
  The admission of drug courier profile testimony was harmless error given overwhelming evidence of guilt, and sentencing challenges were without merit.
• United States v. Santana
  898 F.2d 821· 1st Cir.· 1990-03-21 ·cited 10×
  The court held that the evidence was sufficient to support the conviction for aiding and abetting the possession of cocaine with intent to distribute, and that the voice recording was properly authenticated and admitted.
• United States v. Bustamante-Saenz
  894 F.2d 114· 5th Cir.· 1990-01-31 ·cited 10×
  The court held that the warrantless stop and search of the vehicle was lawful due to probable cause, and that the delay in presenting the defendants to a magistrate did not warrant suppression of their confessions.
• United States v. Miguel Nunez (88-2089) & Ernesto Rodriguez (88-2090)
  889 F.2d 1564· 6th Cir.· 1989-11-22 ·cited 10×
  The court held that a trial court must answer a deliberating jury's specific legal questions, and failing to do so when the jury asks whether an agreement with a government agent can constitute conspiracy is prejudicial error for a defendant whose conviction rests solely on such
• United States v. Caves
  890 F.2d 87· 8th Cir.· 1989-11-22 ·cited 10×
  The court held that the warrantless roadside search of the vehicle was permissible under the automobile exception due to probable cause, the station house search warrant was sufficiently particular, and the inventory searches of the purse were lawful.
• Santiago v. United States
  889 F.2d 371· 1st Cir.· 1989-11-20 ·cited 10×
  The court held that a petitioner seeking relief from a stand committed fine due to indigence should pursue administrative remedies rather than a § 2255 petition, and that the evidence was sufficient to support a conviction for possession with intent to distribute despite a contro
• United States v. Pennyman
  889 F.2d 104· 6th Cir.· 1989-11-13 ·cited 10×
  The court held that the evidence was sufficient to support a conviction for attempted possession of cocaine with intent to distribute, as the defendant's conduct unequivocally corroborated his intent to purchase and resell cocaine.
• United States v. Knox
  888 F.2d 585· 8th Cir.· 1989-11-03 ·cited 10×
  The court held that the totality of circumstances, including informant tips, officer observations, and appellant's conduct, established probable cause for her arrest, and the evidence was sufficient to support her conviction for possession with intent to distribute crack cocaine.
• United States v. Marden
  872 F.2d 123· 5th Cir.· 1989-04-24 ·cited 10×
  Prosecution for attempt and possession offenses after conviction for conspiracy does not violate the Double Jeopardy Clause because these offenses contain distinct elements.
• United States v. Rivera
  872 F.2d 507· 1st Cir.· 1989-04-10 ·cited 10×
  The court held that the defendant's re-prosecution on count two was barred by double jeopardy, but affirmed convictions on counts one and three, finding no reversible error in jury instructions or evidence admission.
• United States v. Levy
  870 F.2d 37· 1st Cir.· 1989-03-20 ·cited 10×
  The court affirmed the conviction but vacated the sentence, remanding for a new sentencing hearing due to a violation of Federal Rule of Criminal Procedure 32(c)(3)(D).
• United States v. Jackson
  863 F.2d 1168· 4th Cir.· 1989-01-03 ·cited 10×
  The court held that the Anti-Drug Abuse Act is constitutional and that the admission of coconspirator statements and a defendant's false exculpatory statement were proper or harmless error. The evidence was sufficient to sustain convictions.
• United States v. Di Pasquale
  864 F.2d 271· 3d Cir.· 1988-12-23 ·cited 10×
  The court held that the district court did not err in denying a Batson hearing for Italian-Americans, denying a motion for recusal, enhancing sentences under 18 U.S.C. § 3147 without specific notice, or in its grand jury selection process.
• United States v. Vaughn
  859 F.2d 863· 11th Cir.· 1988-11-04 ·cited 10×
  The court held that consecutive sentences for five separate convictions of possession with intent to distribute cocaine did not violate double jeopardy.
• United States v. SAA
  859 F.2d 1067· 2d Cir.· 1988-09-20 ·cited 10×
  The court held that while the district court erred in precluding alibi testimony and refusing to disclose the informant's identity to one defendant, these errors were harmless beyond a reasonable doubt, and the prosecutor's argument regarding the uncalled informant was also impro
• United States v. Washington
  852 F.2d 803· 4th Cir.· 1988-08-05 ·cited 10×
  The court held that the search warrant was validly issued and executed, and the evidence obtained was admissible.
• United States v. Peagler
  847 F.2d 756· 11th Cir.· 1988-06-20 ·cited 10×
  The court held that the evidence was sufficient to support the conspiracy conviction, the search warrant was not overly general, and the sentencing judge properly considered uncounseled misdemeanor convictions for reputation purposes.
• United States v. Guzman
  849 F.2d 447· 9th Cir.· 1988-06-16 ·cited 10×
  The court held that there was sufficient evidence to support the defendant's conviction for conspiracy to possess with intent to distribute cocaine, and inconsistent verdicts do not require reversal.
• United States v. Perez-Padilla
  846 F.2d 1182· 9th Cir.· 1988-05-23 ·cited 10×
  The court held that the trial judge did not err in denying the motion to suppress statements or in giving a Jewell instruction, affirming the conviction.
• United States v. Bryan
  843 F.2d 1339· 11th Cir.· 1988-05-03 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the defendants' motions for severance, as they failed to demonstrate compelling prejudice from the joint trial.
• United States v. Paul Douglas Hessling (87-3344)
  845 F.2d 617· 6th Cir.· 1988-04-26 ·cited 10×
• United States v. Solis
  841 F.2d 307· 9th Cir.· 1988-03-08 ·cited 10×
  The court held that instructing the jury on possession with intent to distribute, when the indictment only charged distribution, constituted a conviction for an offense different from that charged, violating the Fifth Amendment. The court also held that the evidence was sufficien
• United States v. Gentry
  839 F.2d 1065· 5th Cir.· 1988-03-02 ·cited 10×
  The court affirmed the convictions, finding that searches were justified by probable cause or consent, evidence supported conspiracy charges, and defenses like entrapment and overreaching were not applicable.
• United States v. Smith
  832 F.2d 1167· 9th Cir.· 1987-11-20 ·cited 10×
  Evidence of prior and subsequent negotiations and illicit transactions, in addition to the specific sale charged, can be used to establish a seller's guilt as an aider and abettor for the recipient's possession with intent to distribute.
• United States v. Casey
  835 F.2d 148· 7th Cir.· 1987-11-13 ·cited 10×
  The court affirmed the defendant's conviction, holding that the trial court did not abuse its discretion in conducting voir dire and that the verdict forms did not improperly amend the indictment.
• United States v. Glover
  814 F.2d 15· 1st Cir.· 1987-03-18 ·cited 10×
  The court held that the evidence was sufficient to prove the appellant was part of a conspiracy to possess cocaine with intent to distribute.
• United States v. Cole
  807 F.2d 262· 1st Cir.· 1986-12-11 ·cited 10×
  The court held that the investigating officer's affair with a codefendant, while improper, did not violate the defendant's due process rights, interfere with his right to counsel, or vitiate the wiretap application, absent demonstrable prejudice.
• United States v. Dempsey
  806 F.2d 766· 7th Cir.· 1986-11-25 ·cited 10×
  The court held that the defendant failed to establish that the two indictments covered a single conspiracy, thus affirming the district court's refusal to dismiss the indictment on double jeopardy grounds.