Possession With Intent To Distribute

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

• United States v. Goody Moore
  949 F.2d 68· 2d Cir.· 1991-11-15 ·cited 6×
  The court held that presentence reports of accomplice witnesses are not discoverable under the Jencks Act, and disclosure to a defendant requires a showing of compelling need, which was not met here.
• United States v. Demetrio J. Hernandez and Wayne Parrish
  948 F.2d 316· 7th Cir.· 1991-11-15 ·cited 6×
  The court affirmed the convictions, holding that Mr. Hernandez's Sixth Amendment claim was not supported by prejudice and Mr. Parrish's Fifth Amendment violation was harmless error.
• United States v. MacEo
  947 F.2d 1191· 5th Cir.· 1991-10-16 ·cited 6×
  The court held that there was sufficient evidence to support the jury's finding of a single conspiracy and the individual convictions of the appellants, and that the trial court did not err in its evidentiary rulings or jury instructions.
• United States v. Nimrod
  940 F.2d 1186· 8th Cir.· 1991-08-08 ·cited 6×
  The court held that the trial court did not err in denying a mistrial based on witness testimony, nor in its sentencing determination, and that conflicting witness testimony does not establish the government knowingly presented false evidence.
• United States v. Dunson
  940 F.2d 989· 6th Cir.· 1991-08-01 ·cited 6×
• United States v. Serena Denise Nunn
  940 F.2d 1128· 8th Cir.· 1991-07-23 ·cited 6×
  The court held that a taped conversation containing an implicit threat to an informant was admissible as relevant evidence of conspiracy participation and not inadmissible 'other crimes' evidence, and that sufficient evidence supported the convictions.
• United States v. Tonnie J. Tolliver and Ray D. Love
  937 F.2d 1183· 7th Cir.· 1991-07-16 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying Tolliver's mid-trial request for appointed counsel and Love's motion for severance, and that sufficient evidence supported their convictions.
• United States v. Marino
  936 F.2d 23· 1st Cir.· 1991-06-18 ·cited 6×
  The court affirmed the convictions and sentences of both defendants, finding no abuse of discretion in denying a motion to withdraw a guilty plea and no clear error in sentencing enhancements or factual findings.
• United States v. Pierre
  932 F.2d 377· 5th Cir.· 1991-05-21 ·cited 6×
  The court held that an agent's insertion of his head into a vehicle constitutes a Fourth Amendment search, and consent to search luggage does not automatically purge the taint of a prior illegal search if intervening circumstances are lacking.
• United States v. Eugenio Betancourt-Arretuche
  933 F.2d 89· 1st Cir.· 1991-05-17 ·cited 6×
  The court held that the defendant's request to represent himself was untimely because it was made after the jury had been empaneled and sworn, and thus affirmed the denial of the motion. The court also found sufficient evidence to sustain the conviction.
• United States v. Marden Terry Register
  931 F.2d 308· 5th Cir.· 1991-05-06 ·cited 6×
  The court held that evidence obtained via a valid search warrant is admissible even if observed during an unlawful entry, provided the warrant is an independent source. The court also found that the defendant failed to establish a double jeopardy claim and remanded for resentenci
• United States v. Powell
  929 F.2d 724· D.C. Cir.· 1991-04-05 ·cited 6×
  The court held that the evidence was insufficient to support the firearms charge because the government failed to prove the defendant knew to a practical certainty that his associate would be carrying a gun.
• United States v. Hutchinson
  926 F.2d 746· 8th Cir.· 1991-02-22 ·cited 6×
  The court held that the district court did not clearly err in denying a reduction for minimal or minor participant status and that the request for sentencing at the lower end of the guidelines range is non-reviewable.
• United States v. Isiaka Oduloye
  924 F.2d 116· 7th Cir.· 1991-02-05 ·cited 6×
  The court held that the district court did not err in refusing to grant a reduction for acceptance of responsibility and that the defendant was not prejudiced by the probation officer's undisclosed job offer from the FBI.
• United States v. Morales
  923 F.2d 621· 8th Cir.· 1991-01-17 ·cited 6×
• United States v. Pace
  922 F.2d 451· 8th Cir.· 1990-12-18 ·cited 6×
  The court held that the evidence presented was insufficient to prove beyond a reasonable doubt that the defendant knew he was transporting cocaine.
• United States v. van Helden
  920 F.2d 99· 1st Cir.· 1990-11-30 ·cited 6×
  The court affirmed the conviction, holding that the evidence was sufficient and that the jury instructions, viewed in totality, did not constitute reversible error, nor was there ineffective assistance of counsel.
• United States v. Widdowson
  916 F.2d 587· 10th Cir.· 1990-10-15 ·cited 6×
  The court held that 21 U.S.C. § 811(h) constitutes an unconstitutional delegation of legislative power and that the Attorney General's temporary scheduling authority under this section is not delegable.
• United States v. Raymond Clutter (89-5390)
  914 F.2d 775· 6th Cir.· 1990-09-18 ·cited 6×
  The court held that the marijuana seized was admissible because it was discovered through a private search by the children, and the subsequent police entry did not exceed the scope of that private search. Alternatively, the children possessed common authority to consent to the in
• United States v. Mendes
  912 F.2d 434· 10th Cir.· 1990-08-28 ·cited 6×
  The court held that the defendant's appeal of his conviction was untimely because he withdrew his initial appeal, and that his sentence under 21 U.S.C. § 841(b)(1)(B) was constitutional as applied to him.
• United States v. Moore
  911 F.2d 140· 8th Cir.· 1990-08-13 ·cited 6×
  The government failed to prove beyond a reasonable doubt that the defendant possessed drugs with the intent to distribute them.
• United States v. Jacinto Rivera
  906 F.2d 319· 7th Cir.· 1990-07-05 ·cited 6×
  The court held that the traffic stop was not pretextual, the investigative detention was constitutional in duration and scope, and the consent to search was voluntary.
• United States v. Sotelo-Rivera
  906 F.2d 1324· 9th Cir.· 1990-06-26 ·cited 6×
  A lesser-included offense instruction is not necessary if the evidence establishing guilt of the greater offense also necessarily establishes guilt of the lesser offense.
• United States v. Levy
  905 F.2d 326· 10th Cir.· 1990-06-11 ·cited 6×
  The court affirmed the conviction for operating a continuing criminal enterprise (CCE), finding that the extradition and prosecution did not violate the doctrines of dual criminality or specialty, and that the indictment was sufficient.
• United States v. French
  900 F.2d 1300· 8th Cir.· 1990-04-19 ·cited 6×
  The court's majority opinion erred in limiting the district judge's discretion regarding conditions of release for defendants involved in controlled drug transactions.
• K.J. v. State
  557 So. 2d 134· Fla. 3d DCA· 1990-02-13 ·cited 6×
  The court affirmed the juvenile's adjudication of delinquency for possession of cannabis with intent to sell, finding sufficient circumstantial evidence of intent to sell based on the quantity, packaging, and the juvenile's conduct upon police arrival.
• United States v. Smith
  893 F.2d 1269· 11th Cir.· 1990-02-07 ·cited 6×
  The court held that the trial court did not commit reversible error in its rulings on the conspiracy charge, the admission of testimony regarding co-defendants' plea bargains, the sufficiency of evidence for false statement and drug possession charges, or the sentencing enhanceme
• United States v. Rivera
  889 F.2d 1029· 11th Cir.· 1989-12-06 ·cited 6×
  Possession with intent to distribute narcotics constitutes a drug trafficking offense under 18 U.S.C.A. § 924(c)(1), and evidence was sufficient to convict a police officer of carrying a firearm during a drug trafficking crime.
• United States v. Lambert
  887 F.2d 1568· 11th Cir.· 1989-11-14 ·cited 6×
  The court held that the failure to file a supporting affidavit for a search warrant does not invalidate the warrant if other evidence establishes its existence and contents, and that a defendant must show prejudice to warrant reversal for failure to give a requested jury instruct
• United States v. Corpus
  882 F.2d 546· 1st Cir.· 1989-08-08 ·cited 6×
  The court held that the evidence was sufficient to support the convictions for aiding and abetting drug possession with intent to distribute, and that no due process violation occurred regarding the destruction of evidence.
• United States v. Shirlene Wood
  879 F.2d 927· D.C. Cir.· 1989-07-21 ·cited 6×
  The court held that the search of Lee's home was lawful, and while Wood's claim of ineffective assistance of counsel fails because the evidence was properly seized, her conspiracy conviction is vacated due to the difficulty of the issue and the concurrency of sentences. The court
• United States v. Martinez
  877 F.2d 1480· 10th Cir.· 1989-06-20 ·cited 6×
• United States v. McDONALD
  877 F.2d 91· D.C. Cir.· 1989-06-09 ·cited 6×
  The court held that the government failed to present sufficient evidence to convict McDonald of using a juvenile to sell narcotics, but affirmed other convictions.
• United States v. Lakin
  875 F.2d 168· 8th Cir.· 1989-05-15 ·cited 6×
  A judicial officer may grant a government request to seal an indictment for any legitimate prosecutorial objective or where the public interest requires it, and an informal request is sufficient to invoke the magistrate's authority to direct sealing.
• United States v. Castro
  874 F.2d 230· 5th Cir.· 1989-05-01 ·cited 6×
  The court held that the prosecutor's closing remarks, while potentially improper, did not constitute reversible error due to overwhelming evidence, and the jury instruction on the presumption of innocence was sufficient.
• United States v. Abel A. Sandoval
  847 F.2d 179· 5th Cir.· 1988-06-06 ·cited 6×
  The court held that the defendants' convictions were supported by sufficient evidence and that the district court did not abuse its discretion in denying a mistrial based on alleged jury prejudice or in rereading testimony.
• United States v. Silva
  846 F.2d 352· 6th Cir.· 1988-05-04 ·cited 6×
  The court held that the defendants' entrapment defense failed as a matter of law and that inconsistent jury verdicts do not invalidate a conviction. Substantial evidence supported the conspiracy conviction.
• United States v. Lozano
  839 F.2d 1020· 4th Cir.· 1988-02-22 ·cited 6×
  The court held that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in its supplemental jury instructions.
• United States v. Abokhai
  829 F.2d 666· 8th Cir.· 1987-09-25 ·cited 6×
  The court held that the initial stop and subsequent pat-down search were justified under the Fourth Amendment, and that there was sufficient evidence to support the conviction for unlawful reentry.
• United States v. Reynolds
  828 F.2d 46· 1st Cir.· 1987-09-02 ·cited 6×
  The court held that the admission of a co-conspirator's statement was proper and the evidence was sufficient to support the convictions.
• United States v. Lentz
  823 F.2d 867· 5th Cir.· 1987-07-29 ·cited 6×
  The court held that the circumstantial evidence was sufficient to support the jury's conclusion that the defendant knowingly participated in a conspiracy to possess cocaine with intent to distribute.
• United States v. Gaynell Salter
  815 F.2d 1150· 7th Cir.· 1987-04-14 ·cited 6×
  The court held that placing a foot in a partially opened doorway to prevent it from closing, after the occupant opened it in response to a ruse, does not constitute a violation of the "knock and announce" statute, 18 U.S.C. § 3109.
• United States v. Mulder
  808 F.2d 1346· 9th Cir.· 1987-01-26 ·cited 6×
  The court held that laboratory chemical tests of seized tablets exceeded the scope of a lawful private search and thus violated the Fourth Amendment.
• United States v. Arroyo
  805 F.2d 589· 5th Cir.· 1986-12-12 ·cited 6×
  The court affirmed the trial judge's grant of a new trial, finding no abuse of discretion in the judge's determination that admitting co-conspirator hearsay was an error that could not be cured by instruction.
• United States v. Adalberto Cervantes-Pacheco
  793 F.2d 689· 5th Cir.· 1986-07-07 ·cited 6×
  The court held that an informant's fee arrangement contingent on the quality of their testimony and the outcome of the case violates due process and renders the testimony untrustworthy.
• United States v. Guthrie
  789 F.2d 356· 5th Cir.· 1986-05-14 ·cited 6×
  The dissent argues that the double jeopardy clause should afford greater protection against successive prosecutions than the majority's interpretation of Garrett v. United States allows.
• United States v. Dorta
  783 F.2d 1179· 4th Cir.· 1986-02-21 ·cited 6×
  A defendant cannot simultaneously deny committing the crime and assert the entrapment defense, and the trial court did not err in refusing to allow cross-examination about a witness's maximum potential sentence when that information was already ascertainable.
• United States v. Echeverri-Jaramillo
  777 F.2d 933· 4th Cir.· 1985-11-21 ·cited 6×
  The court held that the trial court did not err in refusing a lesser included offense instruction, admitting evidence of other acts, or denying the motion to dismiss the Travel Act count.
• United States v. Bynum
  763 F.2d 474· 1st Cir.· 1985-06-03 ·cited 6×
  The court held that the assistant attorney general was validly designated to authorize the wiretap application, the application met statutory requirements, and the use of state law enforcement officers did not violate the wiretap statute.
• United States v. Kasvin
  757 F.2d 887· 7th Cir.· 1985-03-13 ·cited 6×
  The court held that the business records were admissible under the Federal Rules of Evidence and that the evidence supported the conviction for conspiracy, either as a member or as an aider and abettor.