Possession With Intent To Distribute

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

• United States v. Demetri Thor and Richard Lynn Barnett
  512 F.2d 811· 5th Cir.· 1975-05-07 ·cited 8×
  The court held that the trial court did not err in denying the suppression of Barnett's pistol, in its handling of witness testimony, or in admitting evidence against Thor. The court also found no denial of Thor's speedy trial rights.
• Thomas v. United States
  501 F.2d 1169· 8th Cir.· 1974-08-28 ·cited 8×
  The court held that the defendant's due process rights were not violated by the delay in trial, the search and seizure were lawful, and the evidence admitted was relevant to the intent to distribute.
• United States v. Ballard Williams
  499 F.2d 52· 1st Cir.· 1974-05-28 ·cited 8×
  A sentencing court may consider information in a presentence report, even if disputed, provided it is not wholly unsubstantiated and difficult to rebut, and may consider sentences imposed on codefendants.
• United States v. Chavarria
  493 F.2d 935· 5th Cir.· 1974-05-06 ·cited 8×
  The court held that the detention of the appellant at the border was based on reasonable suspicion, making the subsequent identification by a co-conspirator admissible evidence.
• United States v. Ogden
  484 F.2d 1274· 9th Cir.· 1973-09-19 ·cited 8×
  The court held that the evidence was sufficient to convict the defendant of conspiracy to possess and possession with intent to distribute marijuana.
• United States v. Johnson
  484 F.2d 165· 9th Cir.· 1973-07-23 ·cited 8×
  The court held that the jury was justified in rejecting the entrapment defense and that sufficient evidence supported the convictions for conspiracy and distribution of heroin.
• United States v. Majourau
  474 F.2d 766· 9th Cir.· 1973-02-16 ·cited 8×
  The court held that the search of the defendants' vehicle was illegal because it was too remote in time and space from the border and not supported by probable cause.
• United States v. Gonzales
  461 F.2d 1000· 9th Cir.· 1972-06-06 ·cited 8×
  A defendant cannot claim entrapment based on a coconspirator's interactions with an informant when the defendant had no direct contact with the informant.
• United States v. Nunez
  1 F.4th 976· 11th Cir.· 2021-06-17 ·cited 7×
  The Eleventh Circuit held that the United States had jurisdiction over the smugglers' stateless vessel under the Maritime Drug Law Enforcement Act, sufficient evidence supported their convictions, and the district court did not err in limiting cross-examination.
• United States v. Olgivie O'Brien Williams
  985 F.2d 634· 1st Cir.· 1993-02-12 ·cited 7×
• United States v. Montanye
  962 F.2d 1332· 8th Cir.· 1992-05-06 ·cited 7×
• United States v. Giorgio Piaget
  915 F.2d 138· 5th Cir.· 1990-10-04 ·cited 7×
  The court held that the officers had probable cause to stop and search Piaget's car, that MDMA was properly scheduled as a controlled substance, and that severance was not required.
• United States v. Tobin
  840 F.2d 867· 11th Cir.· 1988-03-23 ·cited 7×
  The court held that the delay caused by a codefendant's fugitive status was excludable under the Speedy Trial Act, and the trial court did not err in admitting evidence of prior bad acts or denying the motion for acquittal.
• United States v. Pleno Matute
  767 F.2d 1511· 11th Cir.· 1985-08-12 ·cited 7×
  A vessel sailing under the flags of two or more states, using them according to convenience, can be assimilated to a stateless vessel subject to U.S. jurisdiction, even if validly registered in a foreign country.
• United States v. Cruz-Valdez
  743 F.2d 1547· 11th Cir.· 1984-10-16 ·cited 7×
  The dissenting judge believes the majority erred in acquitting a drug smuggler, arguing sufficient evidence existed for a jury to find guilt beyond a reasonable doubt.
• United States v. LAU Tung LAM
  714 F.2d 209· 2d Cir.· 1983-07-26 ·cited 7×
  The court held that the government's actions in facilitating the defendant's importation of heroin into the United States did not improperly manufacture federal jurisdiction, and thus the indictment should not be dismissed.
• Wade v. State
  822 So. 2d 550· Fla. 1st DCA· 2002-07-26 ·cited 6×
  Court reversed summary denial of motion to correct illegal sentence where trial court imposed habitual felony offender designation on possession with intent to distribute conviction, which is not a qualifying offense for habitualization.
• United States v. Irvin Alamia Moran (91-6309) & Rena Morales (91-6310)
  998 F.2d 1368· 6th Cir.· 1993-07-16 ·cited 6×
  The court held that the time granted for filing pretrial motions is excludable from the Speedy Trial Act's seventy-day calculation, and that the traffic stop was constitutional.
• United States v. Charmaine Y. Zeigler
  994 F.2d 845· D.C. Cir.· 1993-06-04 ·cited 6×
  An appellate court cannot affirm a conviction based on the defendant's demeanor at trial, as demeanor evidence is not preserved for review and cannot substitute for insufficient government proof.
• United States v. McDONALD
  991 F.2d 866· D.C. Cir.· 1993-04-30 ·cited 6×
  The court held that 21 U.S.C. § 860(a) does not require proof of intent to distribute drugs within the school zone, only possession within that zone. It also held that a juvenile conviction 'set aside' under the D.C. Youth Rehabilitation Act is not equivalent to an 'expunged' con
• United States v. Perez
  989 F.2d 1574· 10th Cir.· 1993-03-30 ·cited 6×
  The court held that a per se reversal rule for admitting coconspirator hearsay without required findings is modified; instead, appellate courts should assess harmless error and may remand for findings if necessary. The hearsay error in this case was harmless.
• United States v. Porter
  986 F.2d 1014· 6th Cir.· 1993-02-25 ·cited 6×
  The court affirmed the district court's decision to admit the evidence, finding no abuse of discretion.
• United States v. Akinola
  985 F.2d 1105· 1st Cir.· 1993-02-02 ·cited 6×
  The court affirmed the conviction, holding that the circumstantial evidence was sufficient to support findings of constructive possession with intent to distribute and conspiracy, and that the prosecutor's comment and jury instructions were not reversible error.
• United States v. Gutierrez-Silva
  983 F.2d 123· 8th Cir.· 1993-01-06 ·cited 6×
  The court held that an unloaded firearm found in proximity to drugs is sufficient to support a conviction for using a firearm during a drug trafficking crime.
• United States v. Echeverri
  982 F.2d 675· 1st Cir.· 1993-01-05 ·cited 6×
  The court held that the evidence was sufficient to support the jury's verdict for drug trafficking charges and that the trial court did not err in admitting the drug ledger or expert testimony.
• United States v. Chin
  981 F.2d 1275· D.C. Cir.· 1992-12-29 ·cited 6×
  The court held that probable cause existed for the arrest, venue was proper for the use-of-a-juvenile charge, expert testimony was admissible, and the government need not prove the defendant knew the person used was underage.
• United States v. Gomez-Villamizar
  981 F.2d 621· 1st Cir.· 1992-12-23 ·cited 6×
  The court held that the jury's verdicts were not legally inconsistent and that sufficient evidence supported the defendant's convictions for possession with intent to distribute and possession on an aircraft.
• United States v. Alexander
  982 F.2d 262· 8th Cir.· 1992-12-09 ·cited 6×
  The court affirmed the convictions but remanded the sentences for reconsideration of drug quantity determinations and potential downward departures.
• United States v. Osneth Olibrices
  979 F.2d 1557· D.C. Cir.· 1992-12-01 ·cited 6×
  A defendant is not entitled to a downward adjustment for a minimal or minor role in relevant conduct if that conduct was not used to calculate the base offense level.
• United States v. Olson
  978 F.2d 1472· 7th Cir.· 1992-11-05 ·cited 6×
  The court affirmed the convictions, holding that the trial court did not abuse its discretion in refusing to disclose the informant's address, nor in its jury instructions or evidentiary rulings, and that sufficient evidence supported the convictions.
• United States v. Ricou Deshaw
  974 F.2d 667· 5th Cir.· 1992-10-14 ·cited 6×
  The court held that the RICO conspiracy count was not barred by double jeopardy, but the conspiracy counts charging identical offenses to a prior indictment were barred.
• United States v. Morris
  977 F.2d 677· 1st Cir.· 1992-10-08 ·cited 6×
  The court affirmed the denial of motions to suppress evidence and statements, and the conviction, but vacated a portion of the sentence due to an incorrect penalty. The court also affirmed the denial of a motion challenging jury deliberations.
• United States v. Innocent U. Uwaeme
  975 F.2d 1016· 4th Cir.· 1992-09-14 ·cited 6×
  The court held that a drug quantity estimate used for sentencing need not meet rigorous statistical accuracy standards, only sufficient indicia of reliability.
• United States v. Slater
  971 F.2d 626· 10th Cir.· 1992-08-04 ·cited 6×
  The court held that the evidence presented was insufficient to prove an agreement to possess cocaine, as charged in the indictment, and therefore the conspiracy conviction should be reversed.
• United States v. Swinney
  970 F.2d 494· 8th Cir.· 1992-07-30 ·cited 6×
  The court affirmed convictions and sentences, finding no error in the Batson challenge, venue determination, denial of self-representation or continuance, or severance motions.
• United States v. Bluske
  969 F.2d 609· 8th Cir.· 1992-07-02 ·cited 6×
  The court held that the district court erred in relying solely on the presentence report's unsupported conclusions to determine drug quantities for sentencing, and that a serious question was raised regarding the attorney's conflict of interest. The court vacated the sentence and
• United States v. Davis
  967 F.2d 84· 2d Cir.· 1992-06-17 ·cited 6×
  The dissenting judge holds that the evidence found in the containers should have been suppressed because the consenting party (Cleare) lacked actual or apparent authority to consent to the search of those specific containers.
• United States v. Boykins
  966 F.2d 1240· 8th Cir.· 1992-06-09 ·cited 6×
  The court held that the district court did not err in admitting an in-court identification, denying motions for mistrial based on prosecutorial misconduct, or in sentencing defendants for both conspiracy and attempt offenses under 21 U.S.C.A. § 846.
• United States v. Negrete-Gonzales
  966 F.2d 1277· 9th Cir.· 1992-06-02 ·cited 6×
  The court held that striking a key defense witness's testimony for refusing to name a source, permitting inquiry into post-arrest silence, and providing erroneous jury instructions constituted reversible error.
• United States v. Zaida Rodriguez
  961 F.2d 1089· 3d Cir.· 1992-04-17 ·cited 6×
  The court held that the schoolyard provision of federal drug laws applies to a defendant who possesses drugs within 1,000 feet of a school with the intent to distribute those drugs at any location, not just within 1,000 feet of a school.
• United States v. Folonsho Samuel Ojebode
  957 F.2d 1218· 5th Cir.· 1992-03-30 ·cited 6×
  The court held that the evidence was sufficient to support convictions for conspiracy to import, importation, conspiracy to possess with intent to distribute, and possession with intent to distribute heroin. However, the court reversed and remanded the importation conviction due
• United States v. Valencia
  957 F.2d 1189· 5th Cir.· 1992-03-25 ·cited 6×
  The court held that the district court did not abuse its discretion in refusing to play a Spanish language tape recording to the jury, in omitting a lesser-included offense instruction, or in admitting hearsay statements offered to explain the DEA's conduct.
• United States v. Huff
  959 F.2d 731· 8th Cir.· 1992-03-24 ·cited 6×
  The court affirmed the convictions, finding no due process violation from the reverse sting, no error in evidentiary rulings, and sufficient evidence to support the jury's verdict.
• United States v. Soto-Alvarez
  958 F.2d 473· 1st Cir.· 1992-03-04 ·cited 6×
  The court affirmed the denial of the motion for a new trial and the conviction, finding no prosecutorial misconduct, ineffective assistance of counsel, due process violation during resentencing, or double jeopardy violation.
• United States v. Collins
  957 F.2d 72· 2d Cir.· 1992-02-25 ·cited 6×
  The court held that the district court's failure to instruct the jury on the willfulness requirement for dealing in firearms without a license was harmless error because the evidence overwhelmingly established willfulness and the jury rejected the defendant's entrapment defense.
• United States v. Johnson
  954 F.2d 1015· 5th Cir.· 1992-02-13 ·cited 6×
  The court held that the defendant knowingly and voluntarily waived his Sixth Amendment right to counsel by deliberately choosing to speak with a cooperating co-defendant despite his attorney's advice.
• United States v. Giuseppe Vito "Joe" Siciliano
  953 F.2d 939· 5th Cir.· 1992-02-05 ·cited 6×
  An upward departure from the guideline range for drug offenses is reasonable when based on the defendant's specific role as a prison guard jeopardizing security, a factor not adequately considered by the guidelines beyond the abuse of trust adjustment.
• United States v. van Winrow
  951 F.2d 1069· 9th Cir.· 1991-12-16 ·cited 6×
  The court held that the mandatory life sentence without parole for possession of cocaine with intent to distribute, based on prior felony drug convictions, does not violate the Eighth Amendment, due process, or statutory intent.
• United States v. Jordan
  951 F.2d 1278· D.C. Cir.· 1991-12-13 ·cited 6×
  The court held that the record was insufficient to determine if a Fourth Amendment seizure occurred, remanding for clarification on whether the defendant's driver's license was retained by the officers.
• United States v. Derrell Sparks
  949 F.2d 1023· 8th Cir.· 1991-11-26 ·cited 6×
  The court held that evidence of gang affiliation was admissible to rebut defendants' claims and show the nature of their association, and that the refusal to sever trials was not an abuse of discretion.