Possession With Intent To Distribute

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

• United States v. Piedrahita-Santiago
  931 F.2d 127· 1st Cir.· 1991-04-23 ·cited 9×
  The court held that the district court properly exercised jurisdiction and that the evidence was sufficient to convict the appellants of drug possession on a stateless vessel, and affirmed the sentences.
• United States v. Reiter
  897 F.2d 639· 2d Cir.· 1990-02-26 ·cited 9×
  The court held that a defendant tried in absentia on a superseding indictment must be arraigned on that indictment if it is substantially different from the one previously arraigned upon, to ensure knowing waiver of the right to presence. The court also held that while counsel's
• United States v. Fafowora
  865 F.2d 360· D.C. Cir.· 1989-01-13 ·cited 9×
  The court affirmed the denial of motions to suppress evidence, motions for severance, and motions for a new trial, but certified a Sixth Amendment question regarding the release of seized funds to the Supreme Court.
• United States v. Genaro Rafael Hernandez-Cano
  808 F.2d 779· 11th Cir.· 1987-01-23 ·cited 9×
  The court held that evidence obtained from an illegal search is admissible under the inevitable discovery exception if a private party's lawful conduct would have inevitably led to its discovery.
• Kett v. United States
  722 F.2d 687· 11th Cir.· 1984-01-09 ·cited 9×
  The court held that the district court properly denied Kett's motion to vacate his sentence, as his claims regarding outrageous government conduct, ineffective assistance of counsel, and preclusion of an entrapment defense lacked merit.
• United States v. Fernandez-Guzman
  577 F.2d 1093· 7th Cir.· 1978-05-23 ·cited 9×
  A deficient post-arrest complaint under Rule 5(a) does not retroactively invalidate a warrantless arrest if probable cause existed at the time of arrest, and the district court may consider evidence outside the complaint on a motion to suppress.
• United States v. Otto D. Taylor
  982 F.3d 1295· 11th Cir.· 2020-12-09 ·cited 8×
  A federal drug crime involving both crack cocaine and another controlled substance can be a "covered offense" under the First Step Act, allowing for potential sentence reduction.
• United States v. Edwards
  166 F.3d 1362· 11th Cir.· 1999-02-11 ·cited 8×
  Jonathan Edwards was convicted of possession with intent to distribute crack cocaine after briefly inspecting a bag of cocaine in an undercover officer's car trunk during a reverse sting operation. The Eleventh Circuit reversed the conviction, holding that Edwards never possessed
• United States v. Necoechea
  986 F.2d 1273· 9th Cir.· 1993-02-18 ·cited 8×
  The court held that while there were instances of prosecutorial vouching, they did not rise to the level of plain error requiring reversal, considering the jury instructions and the overall context of the trial.
• United States v. Oluremi Adebayo and Christopher A. Davis
  985 F.2d 1333· 7th Cir.· 1993-02-05 ·cited 8×
  The court held that the district court did not err in denying the motion to suppress evidence obtained from Davis, finding the encounter was consensual and any subsequent detention was a justified investigatory stop, and that the sentence enhancement for obstruction of justice wa
• United States v. Rodriguez-Garcia
  983 F.2d 1563· 10th Cir.· 1993-01-28 ·cited 8×
  The court held that the district court did not err in denying the motion to suppress evidence obtained through consent searches, admitting recorded conversations, refusing certain jury instructions, or applying the Sentencing Guidelines. The court also found no reversible error r
• United States v. Errol J. Jackson
  983 F.2d 757· 7th Cir.· 1993-01-04 ·cited 8×
  The court affirmed convictions for money laundering and structuring, but vacated sentences for Beckum and Freeman due to procedural errors in sentencing enhancements, remanding for resentencing.
• United States v. Booker
  981 F.2d 289· 7th Cir.· 1992-12-08 ·cited 8×
  The court held that the defendants' trial counsel did not provide ineffective assistance, as their actions were either reasonable tactical decisions or did not result in prejudice to the defendants' cases.
• United States v. Nueva
  979 F.2d 880· 1st Cir.· 1992-11-04 ·cited 8×
  The court held that the evidence was legally sufficient to convict the defendant of conspiracy to import and possession with intent to distribute a controlled substance, and that the trial judge's conduct did not violate the defendant's right to a fair trial.
• United States v. DeShawn Lee Robinson
  978 F.2d 1554· 10th Cir.· 1992-11-02 ·cited 8×
  The court held that admitting gang affiliation evidence as substantive proof of guilt was improper, and that the prosecution breached a plea agreement with a defendant.
• United States v. Jackson
  974 F.2d 57· 7th Cir.· 1992-09-03 ·cited 8×
  The court held that the evidence was sufficient to sustain the conviction and that the sentencing enhancements for obstruction of justice and role in the offense were not clear error.
• United States v. Castro
  972 F.2d 1107· 9th Cir.· 1992-08-17 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion to substitute counsel and that there was sufficient evidence for the jury to find the defendant was a member of the conspiracy and possessed cocaine. However, the court reversed in part, fin
• United States v. Gessa
  971 F.2d 1257· 6th Cir.· 1992-08-07 ·cited 8×
  The court held that the district court's sentencing determination regarding the inclusion of the 2500 kilograms of cocaine was unclear and required remand for specific findings on the defendant's intent and capability. The conviction was affirmed.
• United States v. Villarreal
  963 F.2d 770· 5th Cir.· 1992-06-11 ·cited 8×
  The court held that a warrantless search of a sealed drum, even if labeled as a common chemical, violates the Fourth Amendment if the defendants had a reasonable expectation of privacy in the container and no exigent circumstances justified the search.
• United States v. Mitcheal Edmonson
  962 F.2d 1535· 10th Cir.· 1992-05-06 ·cited 8×
  The court held that the defendant's contentions lacked merit, except for the issue concerning the fine under the Federal Sentencing Guidelines, which the government conceded. The conviction is affirmed.
• United States v. Colon
  961 F.2d 41· 2d Cir.· 1992-04-06 ·cited 8×
  The court held that the district court's calculation of the base offense level was proper and that post-sentence guideline amendments are to be pursued in the district court, not applied by the appellate court on direct review.
• United States v. Martinez
  967 F.2d 1343· 9th Cir.· 1992-03-31 ·cited 8×
  The court held that there was sufficient evidence to convict the defendant of drug and firearm offenses, and that the mandatory statutory sentence did not violate the Eighth Amendment. However, the court also noted that only one consecutive sentence under § 924(c)(1) could be imp
• United States v. Bennett
  956 F.2d 1476· 8th Cir.· 1992-02-25 ·cited 8×
  The court held that the trial court erred in granting a judgment of acquittal on the conspiracy count, and that the evidence was sufficient to support the jury's verdicts on the drug possession and firearm charges.
• United States v. Berrio-Londono
  946 F.2d 158· 1st Cir.· 1991-10-11 ·cited 8×
  The court held that a defendant's Sixth Amendment confrontation rights are not violated when a witness refuses to answer collateral questions on Fifth Amendment grounds, especially when the refusal itself can be used to impeach the witness's credibility.
• United States v. Alvaro Rojo-Alvarez
  944 F.2d 959· 1st Cir.· 1991-09-10 ·cited 8×
  The court affirmed the convictions and sentences of all four defendants, finding no merit in their various challenges regarding speedy trial rights, suppression of evidence, jury bias, and sentencing enhancements.
• United States v. Williams
  939 F.2d 721· 9th Cir.· 1991-07-18 ·cited 8×
  A defendant waives their right to appeal an in limine ruling on the admissibility of a prior conviction under Rule 609(a)(1) if they preemptively introduce that conviction during their own direct examination. Mandatory minimum sentence provisions in pre-existing statutes control
• United States v. Ferguson
  935 F.2d 1518· 7th Cir.· 1991-07-08 ·cited 8×
  The court held that the encounter with the defendant was consensual and that there was reasonable suspicion to detain his luggage for a canine sniff, thus the motion to suppress was properly denied. The evidence was also sufficient to support the conviction.
• United States v. Babatunde Yakubu
  936 F.2d 936· 7th Cir.· 1991-07-08 ·cited 8×
  The court held that the detention of the defendant at the border was justified by reasonable suspicion that he was smuggling contraband internally, and thus the denial of his motion to suppress evidence was proper.
• United States v. Eberspacher
  936 F.2d 387· 8th Cir.· 1991-06-25 ·cited 8×
  The court held that the district court did not err in calculating the defendant's sentence by attributing additional kilograms of cocaine based on wrappers and by applying a firearm enhancement despite a prior acquittal on a weapons charge.
• United States v. Hernandez
  931 F.2d 16· 7th Cir.· 1991-04-29 ·cited 8×
  The court held that the district court did not err in applying a two-point enhancement for the defendant's supervisory role in drug distribution, as the evidence supported a conspiracy between the defendant and his wife.
• United States v. Badger
  925 F.2d 101· 5th Cir.· 1991-02-14 ·cited 8×
  The court held that the district court did not err in denying the defendant's motion to withdraw his guilty pleas or in finding he was not a minimal or minor participant, but erred in imposing a mandatory three-year supervised release term based on misinformation.
• United States v. Villarreal
  920 F.2d 1218· 5th Cir.· 1991-01-02 ·cited 8×
  The court held that the district court did not err in applying sentencing enhancements for possession of a dangerous weapon during the commission of the offense and for the defendant's leadership role, nor in denying a reduction for acceptance of responsibility.
• United States v. Serpoosh
  919 F.2d 835· 2d Cir.· 1990-11-27 ·cited 8×
  The court held that the denial of the severance motion was error because the mutually antagonistic defenses presented by the co-defendants created substantial prejudice, denying them a constitutionally fair trial.
• United States v. John "Ali" Williams
  917 F.2d 112· 3d Cir.· 1990-10-24 ·cited 8×
  A sentencing court may consider drug quantities outside the specific offense of conviction if they were part of a common scheme or plan and reasonably foreseeable to the defendant.
• United States v. Liwy Quinones
  906 F.2d 924· 2d Cir.· 1990-06-27 ·cited 8×
  The court held that the filing of a superseding indictment did not violate the Double Jeopardy Clause, and the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty pleas.
• United States v. Noble Lee Simpson
  901 F.2d 1223· 5th Cir.· 1990-05-14 ·cited 8×
  The court affirmed the conviction but remanded for resentencing, holding that the sentence was improperly enhanced due to procedural non-compliance by the government.
• Schetz v. United States
  901 F.2d 85· 7th Cir.· 1990-05-01 ·cited 8×
  The court held that the district court correctly applied the Federal Sentencing Guidelines by using the section for conspiracy to distribute controlled substances and properly determined the defendant's role in the offense.
• United States v. Conrado Jesus Gomez
  900 F.2d 43· 5th Cir.· 1990-04-18 ·cited 8×
  The court held that the tape recording of a conversation between the defendant and an informant may have been erroneously admitted because the record lacked evidence of consent to the interception, and this error was not harmless.
• United States v. Molina-Iguado
  894 F.2d 1452· 5th Cir.· 1990-02-15 ·cited 8×
  The court held that the defendant's exercise of her right to proceed before a district judge did not create a presumption of prosecutorial vindictiveness, and the district court lacked authority to enforce the plea agreement.
• United States v. Quontrell Wayne Lewis
  892 F.2d 735· 8th Cir.· 1989-12-22 ·cited 8×
  The court held that striking one of two black venirepersons, based solely on percentages, does not establish a prima facie case of racial discrimination under Batson, and that probable cause and consent for searches were validly established.
• United States v. Terselich
  885 F.2d 1094· 3d Cir.· 1989-09-01 ·cited 8×
  The court held that the evidence was insufficient as a matter of law to prove the defendant knowingly participated in a conspiracy to transport illegal drugs.
• United States v. de Ortiz
  883 F.2d 515· 7th Cir.· 1989-08-16 ·cited 8×
  The court's use of 'slight evidence' or 'slight connection' language in conspiracy cases is problematic and should be reexamined or discarded in favor of clearer formulations.
• United States v. Clement A. Abadie, Jr.
  879 F.2d 1260· 5th Cir.· 1989-07-28 ·cited 8×
  The court affirmed the convictions, finding sufficient probable cause for arrest and search, admissible evidence, and adequate proof for conspiracy, possession, and Travel Act violations.
• United States v. Franco Danovaro and Angel Rene Leal
  877 F.2d 583· 7th Cir.· 1989-06-14 ·cited 8×
  The court held that redacted affidavits supporting warrants are permissible when necessary to protect informant safety, provided the remaining information establishes probable cause and the defendant is given adequate notice of redactions. The court also affirmed the admissibilit
• United States v. Nichols
  877 F.2d 825· 10th Cir.· 1989-06-12 ·cited 8×
  The court held that the district court did not err in refusing to give the jury an instruction on entrapment, nor in denying the motion for acquittal based on outrageous governmental conduct.
• United States v. Cooper
  873 F.2d 269· 11th Cir.· 1989-05-17 ·cited 8×
  The court held that the evidence was sufficient to support the jury's verdict against Hunter, and the detention of Cooper's luggage was reasonable under the Fourth Amendment.
• United States v. Valiant
  873 F.2d 205· 8th Cir.· 1989-04-27 ·cited 8×
  The court held that the warrantless search of the defendant's locked briefcase was lawful as a search incident to arrest, and the indictment for possession of a firearm by a felon was sufficient.
• United States v. Miller
  870 F.2d 1067· 6th Cir.· 1989-03-20 ·cited 8×
  The court held that manufacturing and possessing a controlled substance with intent to distribute are distinct offenses, allowing for consecutive sentences under the Blockburger test. The court also found the imposed sentence was not an abuse of discretion.
• United States v. Hernandez-Beltran
  867 F.2d 224· 5th Cir.· 1989-02-23 ·cited 8×
  The court held that the evidence was sufficient to support convictions for possession with intent to distribute 16 ounces and 1 gram of heroin, but insufficient for the 1-ounce conviction. The court also affirmed the mandatory minimum sentence imposed.
• United States v. Mazzaferro
  865 F.2d 450· 1st Cir.· 1989-01-23 ·cited 8×
  The court held that the defendant was not denied effective assistance of counsel due to joint representation, as no actual conflict of interest adversely affected his lawyer's performance. However, the court remanded for resentencing due to concerns about potential vindictiveness