Possession With Intent To Distribute

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

• United States v. Morel
  63 F.4th 913· 11th Cir.· 2023-03-23 ·cited 4×
  The court held that the district court did not abuse its discretion in giving a corrective jury instruction and that sufficient evidence supported the defendant's convictions under the prudent-smuggler doctrine.
• United States v. Latecia Watkins
  13 F.4th 1202· 11th Cir.· 2021-09-16 ·cited 4×
  The court held that the inevitable discovery exception applied, allowing the admission of evidence obtained after a Fourth Amendment violation because the evidence would have been discovered through lawful means (a knock and talk) that were actively being pursued.
• United States v. Carrasquillo
  4 F.4th 1265· 11th Cir.· 2021-07-14 ·cited 4×
  The court held that while a procedural error occurred in sentencing, the record was sufficient for review, and the district court's factual finding that the firearm was connected to the offense foreclosed safety-valve relief.
• United States v. Latecia Watkins
  981 F.3d 1224· 11th Cir.· 2020-12-03 ·cited 4×
  The court held that the district court erred in suppressing evidence, as the inevitable discovery exception applied because law enforcement had a reasonable probability of lawfully discovering the evidence through a 'knock and talk' that was actively being pursued.
• United States v. Sanford Eugene Johnson, III
  980 F.3d 1364· 11th Cir.· 2020-11-19 ·cited 4×
  Sanford Eugene Johnson, III appealed his concurrent 151-month sentences for conspiracy to distribute marijuana and conspiracy to commit money laundering, challenging his drug quantity calculation, obstruction of justice and criminal livelihood enhancements, and denial of an addit
• Morejon v. State
  633 So. 2d 1094· Fla. 3d DCA· 1994-01-11 ·cited 4×
  Israel Morejon was convicted of drug trafficking offenses based on circumstantial evidence including surveillance observations, intercepted conversations using code words, and possession of cash. The Florida District Court of Appeal reversed, finding the evidence insufficient to
• United States v. Norberto Trevino-Rodriguez
  994 F.2d 533· 8th Cir.· 1993-06-04 ·cited 4×
  The court held that the denial of a mistrial was not an abuse of discretion and that sufficient evidence supported the convictions. The court also held that Rosalio's prior Kansas felony drug conviction qualified for the enhanced mandatory minimum sentence.
• United States v. Rivero
  993 F.2d 620· 7th Cir.· 1993-05-19 ·cited 4×
  The court held that the defendant waived his sentencing arguments by failing to raise them before the district court and that no plain error occurred. The court affirmed the sentence.
• United States v. Lechuga
  994 F.2d 346· 7th Cir.· 1993-05-13 ·cited 4×
  The court affirmed the conviction, finding sufficient evidence of a conspiracy to distribute cocaine based on the defendant's ongoing relationship and actions with a co-conspirator.
• United States v. Monroe
  990 F.2d 1370· D.C. Cir.· 1993-04-30 ·cited 4×
  The court held that sufficient evidence supported the conviction for aiding and abetting possession with intent to distribute, but the sentence enhancement for obstruction of justice was improperly applied.
• United States v. Stowe
  989 F.2d 261· 7th Cir.· 1993-03-25 ·cited 4×
  The court affirmed the district court's decisions, holding that a DUI conviction discharged under Illinois supervision counts towards federal criminal history and that a downward departure sentence is not reviewable on appeal when it falls within the guidelines.
• United States v. Truman Tolson and Darrell Tolson
  988 F.2d 1494· 7th Cir.· 1993-03-19 ·cited 4×
  A guilty plea to a conspiracy charge does not waive a defendant's right to contest the duration of their individual participation in the conspiracy.
• United States v. Romeo Trinidad Flores, Jr.
  985 F.2d 770· 5th Cir.· 1993-02-25 ·cited 4×
  The admission of a codefendant's grand jury testimony, which implicated the defendant, violated the defendant's Sixth Amendment Confrontation Clause rights because the testimony lacked particularized guarantees of trustworthiness and the district court improperly considered corro
• United States v. Williams
  985 F.2d 749· 5th Cir.· 1993-02-24 ·cited 4×
  The court held that the evidence was sufficient to support convictions for drug offenses but reversed convictions for firearm offenses due to a defective jury instruction and insufficient evidence for two defendants.
• United States v. LIM
  984 F.2d 331· 9th Cir.· 1993-01-27 ·cited 4×
  The court held that while the admission of drug courier profile evidence was an error, it was harmless due to sufficient other evidence, and that the admission of co-conspirator statements, amendment of the indictment, denial of continuance, and finding of probable cause were all
• United States v. Kelley
  981 F.2d 1464· 5th Cir.· 1993-01-20 ·cited 4×
  The court held that the co-defendant's voluntary consent to search the vehicle cured any potential Fourth Amendment violation arising from the traffic stop and subsequent detention, and that evidence of flight and prior convictions were properly admitted.
• United States v. Elson Strahan, Jr.
  984 F.2d 155· 6th Cir.· 1993-01-15 ·cited 4×
  The court held that the search of the defendant's pocket for cocaine was permissible under Terry v. Ohio, but the search of his vehicle for a gun was not incident to a lawful arrest.
• United States v. Pena
  983 F.2d 71· 6th Cir.· 1993-01-14 ·cited 4×
  The court held that the evidence was insufficient to prove beyond a reasonable doubt that the defendant knew of the cocaine's existence or aided and abetted its possession with intent to distribute.
• United States v. Alvarado
  982 F.2d 659· 1st Cir.· 1992-12-31 ·cited 4×
  The court held that there was sufficient evidence to support convictions for aiding and abetting possession with intent to distribute cocaine, and that the jury instructions on importation did not constitute plain error.
• United States v. Martinez
  983 F.2d 968· 10th Cir.· 1992-12-29 ·cited 4×
  The court held that the defendants lacked standing to challenge the vehicle search and that their detention was reasonable under the Fourth Amendment, thus affirming their convictions.
• United States v. Anderson
  981 F.2d 1560· 10th Cir.· 1992-12-23 ·cited 4×
  The court held that the evidence was insufficient to support Anderson's convictions, and that unlawfully obtained evidence required reversal of Cordova's and Salinas' convictions.
• United States v. Cruz
  981 F.2d 613· 1st Cir.· 1992-12-18 ·cited 4×
  The court affirmed the conviction and sentence but remanded for the district court to modify its sentencing memorandum and comply with Federal Rule of Criminal Procedure 32(c)(3)(D).
• United States v. Spinosa
  982 F.2d 620· 1st Cir.· 1992-12-15 ·cited 4×
  The court held that the trial court did not err in denying the motion to suppress evidence, excluding prior bad acts evidence, admitting telephone records, or denying a missing witness instruction, affirming the conviction.
• Goldsmith v. S.R. Witkowski
  981 F.2d 697· 4th Cir.· 1992-11-24 ·cited 4×
  The court held that the evidence was constitutionally sufficient to support the petitioner's drug convictions, and the jury's consideration of stricken testimony did not violate his rights.
• United States v. Fragoso
  978 F.2d 896· 5th Cir.· 1992-11-23 ·cited 4×
  The court affirmed the conviction and sentence, holding that the trial court did not err in its Jencks Act determinations, its admission of coconspirator statements, its jury instructions, or its sentencing procedures, and that any errors were harmless.
• United States v. Vasquez-Chan
  978 F.2d 546· 9th Cir.· 1992-11-02 ·cited 4×
  The court held that the evidence was legally insufficient to support the defendants' convictions for conspiracy to possess with intent to distribute cocaine.
• United States v. Keeper
  977 F.2d 1238· 8th Cir.· 1992-10-15 ·cited 4×
  The court held that the evidence was sufficient to support the convictions and that the district court did not err in admitting evidence or denying a Franks hearing. Inconsistent verdicts do not require reversal.
• United States v. Roderick
  974 F.2d 1270· 11th Cir.· 1992-10-09 ·cited 4×
  Roger Roderick appealed his sentence for perjury and drug conspiracy, arguing that applying sentencing guidelines that referenced his pre-guidelines conspiracy violated the ex post facto clause. The Eleventh Circuit held that using the underlying conspiracy merely as a reference
• United States v. Elic L. Gilliam
  975 F.2d 1050· 4th Cir.· 1992-09-17 ·cited 4×
  The court held that the district court was not required to conduct a Rule 44(c) hearing at sentencing when the alleged conflict arose at trial and was not known or reasonably knowable by the court at that time.
• United States v. Turner
  975 F.2d 490· 8th Cir.· 1992-09-14 ·cited 4×
  The court held that the defendants' convictions were supported by sufficient evidence and that the trial court did not err in denying mistrial or severance motions, nor in its jury instructions or sentencing calculations.
• United States v. Rojas-Martinez
  968 F.2d 415· 5th Cir.· 1992-07-29 ·cited 4×
  The court affirmed convictions and sentences, holding that confessions were voluntary, severance was not required, and evidence was sufficient for convictions and sentencing enhancements.
• United States v. Egbuniwe
  969 F.2d 757· 9th Cir.· 1992-06-30 ·cited 4×
  The court held that the district court did not abuse its discretion in excusing a juror for just cause and proceeding with an eleven-person jury, nor did it err in calculating the defendant's sentence based on the total amount of heroin involved in the conspiracy.
• United States v. Chrismon
  965 F.2d 1465· 7th Cir.· 1992-06-29 ·cited 4×
  The court affirmed the convictions, finding no Sixth Amendment violations regarding co-defendant statements and upholding the denial of the motion to suppress Jackson's statement.
• United States v. Hill
  967 F.2d 902· 3d Cir.· 1992-06-22 ·cited 4×
  The court held that sufficient evidence supported the conviction for firearm use during a drug crime, the warrantless search of the store was permissible under the Fourth Amendment due to the special needs of the parole system, and the marital communications privilege did not app
• United States v. Faustino Gutierrez-Mederos
  965 F.2d 800· 9th Cir.· 1992-06-05 ·cited 4×
  The court held that the traffic stop was valid, the defendant's consent to search was voluntary, and the search did not exceed the scope of the consent.
• United States v. Gibson
  963 F.2d 708· 5th Cir.· 1992-06-05 ·cited 4×
  The court held that the evidence was sufficient to support the conviction and that the destruction of the marihuana did not violate due process because bad faith was not shown.
• United States v. Coyote
  963 F.2d 1328· 10th Cir.· 1992-04-21 ·cited 4×
  The court held that the defendant's conviction for conspiracy to possess and distribute methamphetamine, use of a communication facility, and possession with intent to distribute was supported by sufficient evidence, and that the trial court did not err in denying her motion to q
• United States v. Baker
  961 F.2d 1390· 8th Cir.· 1992-04-21 ·cited 4×
  The court held that a prior conviction punishable by more than one year imprisonment is a felony for career offender status, regardless of state law classification or juvenile sentencing, if committed after age 18.
• United States v. Ihegworo
  959 F.2d 26· 5th Cir.· 1992-04-09 ·cited 4×
  An upward departure from the sentencing guideline range is permissible under U.S.S.G. § 5K2.1 when the victim of the death is not the direct victim of the offense of conviction, as long as there is a sufficient nexus between the death and the offense.
• United States v. Davis
  960 F.2d 820· 9th Cir.· 1992-03-31 ·cited 4×
  The court held that newly discovered evidence of an agent's misconduct, even if only impeaching, can warrant a new trial if it renders the agent's testimony incredible and that testimony is essential to the conviction. The court also held that the Sentencing Guidelines are consti
• United States v. Martin
  960 F.2d 59· 8th Cir.· 1992-03-23 ·cited 4×
  The court held that the evidence was sufficient to support Martin's convictions and that Vaughn's claims of severance, unlawful search, and improper admission of a photograph did not warrant reversal.
• United States v. Cardona
  955 F.2d 976· 5th Cir.· 1992-03-05 ·cited 4×
  The court held that the Border Patrol agents had reasonable suspicion to stop the vehicle based on the totality of the circumstances, and the defendant lacked standing to challenge the search as a non-owning passenger.
• United States v. Baldwin
  956 F.2d 643· 7th Cir.· 1992-02-07 ·cited 4×
  The court held that the district court erred in enhancing the defendant's sentence for weapon possession because the weapon was not possessed during the offense of conviction, but affirmed the other sentencing decisions.
• United States v. Jimmie Elvis Blankenship (90-6417)
  954 F.2d 1224· 6th Cir.· 1992-01-28 ·cited 4×
  The court affirmed Billy Hoyt's conviction but remanded Jimmie Elvis's sentence for further factual findings regarding the quantity of cocaine attributable to him.
• United States v. Soto
  953 F.2d 263· 6th Cir.· 1992-01-10 ·cited 4×
  The court held that the defendant's post-arrest statement, elicited by police conduct that was the functional equivalent of interrogation after he invoked his right to counsel, was obtained in violation of his Miranda rights.
• United States v. Roberts
  953 F.2d 351· 8th Cir.· 1992-01-03 ·cited 4×
  The court held that the evidence was sufficient to support the defendant's conviction for possession with intent to distribute cocaine and that the sentencing enhancements were properly applied.
• United States v. Mitchell
  951 F.2d 1291· D.C. Cir.· 1991-12-27 ·cited 4×
  The court held that the passenger's furtive movements provided reasonable suspicion for a Terry frisk, and that the driver waived his challenge to the warrantless car search by failing to properly raise it before the trial court.
• United States v. Rodriguez
  948 F.2d 914· 5th Cir.· 1991-11-27 ·cited 4×
  The court held that the Petite policy is an internal Justice Department rule and cannot be invoked by a defendant to bar prosecution, and that the seizure of attorney's files does not warrant dismissal of the indictment. Furthermore, double jeopardy principles do not bar the cons
• United States v. Hamilton
  949 F.2d 190· 6th Cir.· 1991-09-24 ·cited 4×
  A district court's conclusion that the facts do not warrant a downward departure under specific Sentencing Guidelines sections is a legal conclusion reviewable on appeal.
• United States v. Townley
  942 F.2d 1324· 8th Cir.· 1991-08-29 ·cited 4×
  The court held that the evidence presented was insufficient to support the jury's verdict of possession with intent to distribute cocaine.