Possession With Intent To Distribute

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

• United States v. Thomas
  940 F.2d 391· 8th Cir.· 1991-08-08 ·cited 4×
  The court held that the defendant's due process rights were not violated by the prosecution's failure to disclose enhanced audio tapes because the tapes were not favorable to the defense and not material to the outcome.
• United States v. Hallock
  941 F.2d 36· 1st Cir.· 1991-08-06 ·cited 4×
  The court held that the defendant waived his right to counsel of choice by failing to raise the issue in the district court and that the denial of a bill of particulars was not an abuse of discretion.
• United States v. Hammer
  940 F.2d 1141· 8th Cir.· 1991-07-23 ·cited 4×
  The court held that while the evidence was sufficient to sustain the conviction and sentence, the application of sentencing guidelines by prosecutors leads to significant and hidden disparities among defendants.
• United States v. Cronan
  937 F.2d 163· 5th Cir.· 1991-07-23 ·cited 4×
  A premature notice of appeal filed before sentencing in a criminal case is effective to perfect an appeal as of the date the sentence is entered as a judgment. The court also held that the district court properly denied the motion to suppress evidence.
• United States v. Brown
  937 F.2d 68· 2d Cir.· 1991-06-25 ·cited 4×
  A prior New Jersey conviction classified as a 'high misdemeanor' is considered a 'felony' for the purpose of federal sentence enhancement under 21 U.S.C. § 841(b)(1)(B) if it is punishable by more than one year imprisonment.
• United States v. King
  936 F.2d 477· 10th Cir.· 1991-06-12 ·cited 4×
  The court held that the defendant's failure to provide his attorney with essential information about potential witnesses constituted a waiver of his ineffective assistance of counsel claim. However, the court also held that the evidence was insufficient to convict the defendant o
• United States v. Dennis
  933 F.2d 671· 8th Cir.· 1991-05-22 ·cited 4×
  The court held that the encounter between the officers and the defendant was consensual and did not violate the Fourth Amendment, and that the defendant's consent to the search was voluntary.
• United States v. Franklin
  926 F.2d 734· 8th Cir.· 1991-02-22 ·cited 4×
  The court held that the evidence was sufficient to convict the defendant for possession with intent to distribute, and that the sentence was correctly based on the original amount of cocaine intercepted.
• United States v. Paris Deandre Gordon
  923 F.2d 123· 8th Cir.· 1991-01-17 ·cited 4×
  The court held that the district court did not err in determining that relevant information was not intentionally withheld for search warrants and that sufficient evidence supported the convictions for possession with intent to distribute.
• United States v. Dixon
  921 F.2d 194· 8th Cir.· 1990-12-21 ·cited 4×
  The court held that the indictment was multiplicitous as to the possession counts because the defendant's contemporaneous possession of cocaine in his pocket and in the hotel room constituted a single offense. The court also held the search warrant affidavit was sufficient.
• United States v. Wright
  921 F.2d 42· 3d Cir.· 1990-12-13 ·cited 4×
  The court held that the trial court did not err in refusing to instruct the jury on entrapment because the defendant failed to produce sufficient evidence of a lack of predisposition, and the failure to give a separate instruction on informant testimony did not constitute plain e
• United States v. Berkery
  919 F.2d 817· 2d Cir.· 1990-11-20 ·cited 4×
  A single instance of possessing a precursor chemical (P2P) is insufficient to support a conviction for conspiracy to manufacture methamphetamine without additional evidence of a manufacturing scheme or a continuous supply operation. However, sufficient evidence can support a conv
• United States v. Ponce
  917 F.2d 846· 5th Cir.· 1990-11-06 ·cited 4×
  The court held that a district court may include drug quantities from co-conspirator transactions in sentencing if the defendant specifically objects to conspiracy membership and the court resolves that factual dispute.
• United States v. Sharpe Pitts, Jr.
  918 F.2d 197· D.C. Cir.· 1990-11-06 ·cited 4×
  The court held that a missing witness instruction and argument are improper when the absent witness could only support the defendant's version of events by incriminating themselves.
• United States v. Vasquez
  918 F.2d 329· 2d Cir.· 1990-11-02 ·cited 4×
  The court affirmed the convictions, holding that the delays in the proceedings were excludable under the Speedy Trial Act and did not violate the defendants' constitutional rights.
• United States v. Montoya
  917 F.2d 680· 1st Cir.· 1990-11-01 ·cited 4×
  The court held that the evidence was sufficient for conviction and the jury instructions regarding the defendant's failure to appear were not erroneous.
• United States v. Zapata-Alvarez
  911 F.2d 1025· 5th Cir.· 1990-09-05 ·cited 4×
  The court held that the evidence was sufficient to support the conviction and that the federal sentencing guidelines were properly applied.
• United States v. Felton
  908 F.2d 186· 7th Cir.· 1990-07-23 ·cited 4×
  The court held that the admission of hearsay testimony, even if erroneous, did not constitute plain error because it did not likely change the outcome of the trial.
• United States v. Hurtado
  899 F.2d 371· 5th Cir.· 1990-05-11 ·cited 4×
  The court held that the district court erred by applying the preponderance of the evidence standard instead of the clear and convincing evidence standard to determine the voluntariness of consent to search, requiring remand. The court also held that the defendant was not in custo
• United States v. Cirilo Mendoza
  902 F.2d 693· 8th Cir.· 1990-05-07 ·cited 4×
  The court held that a defendant cannot be convicted of both possessing a controlled substance with intent to distribute and distributing that same substance when the offenses arise from the same act and are part of a single transaction.
• United States v. Ivar Q. Blackner
  901 F.2d 853· 10th Cir.· 1990-04-18 ·cited 4×
  The court held that the mandatory minimum sentence provisions of 21 U.S.C. § 841(b)(1) do not violate due process or the Eighth Amendment as applied to a drug addict, and that an orally pronounced sentence controls over a conflicting written judgment.
• United States v. Romero
  897 F.2d 47· 2d Cir.· 1990-02-20 ·cited 4×
  The court held that the evidence was sufficient to support the convictions for conspiracy and substantive offenses, and that the district court did not err in denying motions to suppress, sever, grant a continuance, or in its sentencing and jury charge decisions.
• United States v. Contreras
  895 F.2d 1241· 9th Cir.· 1990-02-08 ·cited 4×
  The court held that the phrase "may not be less than" in 21 U.S.C. § 841(b)(1)(A) mandates a minimum sentence, and that possession with intent to distribute is a crime 'involving' distribution under 18 U.S.C. § 924(c).
• United States v. Cruz
  894 F.2d 41· 2d Cir.· 1990-01-09 ·cited 4×
  The court held that the district court properly exercised its discretion in excluding a sentencing transcript and inconsistent versions of an investigation report.
• United States v. Crawford
  891 F.2d 680· 8th Cir.· 1989-12-14 ·cited 4×
  The court held that the police lacked reasonable suspicion to stop the defendant's vehicle, thus violating the Fourth Amendment.
• Laing v. United States
  891 F.2d 683· 8th Cir.· 1989-12-14 ·cited 4×
  The court held that even if an arrest is pretextual, a subsequent voluntary consent to search can validate the search under the Fourth Amendment.
• United States v. Adams
  898 F.2d 1310· 8th Cir.· 1989-12-06 ·cited 4×
  The court held that the district court did not err in admitting evidence of other crimes under Fed.R.Evid. 404(b) and that any improper cross-examination of an alibi witness was harmless error.
• United States v. Patrick E.G. Peart
  888 F.2d 101· 11th Cir.· 1989-11-13 ·cited 4×
  The court held that the evidence was sufficient to support the conviction and any error in excluding hearsay testimony regarding Miranda rights was harmless.
• United States v. Umberto Pitino
  887 F.2d 42· 4th Cir.· 1989-10-03 ·cited 4×
  The court held that the district judge did not abuse his discretion in refusing to allow the appellant to withdraw his guilty plea, as the appellant failed to show a fair and just reason for withdrawal.
• United States v. Chavis
  880 F.2d 788· 4th Cir.· 1989-07-24 ·cited 4×
  The court held that a warrantless station house search of a vehicle is permissible if probable cause existed at the scene of arrest, and that reverse sting operations using informants do not violate due process if the illegal activity was not manufactured by the government.
• United States v. Hunt
  877 F.2d 833· 10th Cir.· 1989-06-12 ·cited 4×
  The court held that there was sufficient evidence to convict the defendant of conspiracy and that the search warrant affidavits were sufficient, affirming the convictions and sentences.
• United States v. Victoria
  876 F.2d 1009· 1st Cir.· 1989-05-26 ·cited 4×
  The court held that a stateless vessel is subject to U.S. jurisdiction for drug offenses, and the evidence was sufficient to support the conviction.
• United States v. Moore
  872 F.2d 251· 8th Cir.· 1989-04-11 ·cited 4×
  The court held that the encounter was consensual and did not violate the Fourth Amendment, and any potential Miranda violation was harmless error.
• United States v. Brown
  871 F.2d 80· 8th Cir.· 1989-03-28 ·cited 4×
  The court held that the jury instruction regarding intent to distribute was not plain error and that the nondisclosure of a defendant's oral statement did not prejudice his substantial rights.
• United States v. Martin
  869 F.2d 1118· 8th Cir.· 1989-03-13 ·cited 4×
  The court held that the defendant's conviction and sentence for possession with intent to distribute PCP were not clearly erroneous, affirming the district court's judgment.
• United States v. Welton Zolicoffer
  869 F.2d 771· 3d Cir.· 1989-03-09 ·cited 4×
  The court reversed the conviction under the Travel Act because there was no proof of an overt act after the interstate travel.
• United States v. Quincy Jones
  865 F.2d 188· 8th Cir.· 1989-01-17 ·cited 4×
  The court held that the jury instructions adequately informed the jury of the agreement element for conspiracy and that the prosecutor's closing argument statements were fair characterizations of admitted evidence, not improper expressions of personal opinion.
• United States v. Hughes
  864 F.2d 78· 8th Cir.· 1988-12-21 ·cited 4×
  The court held that the defendant established a prima facie case of racial discrimination in jury selection, requiring the government to provide a neutral explanation for its peremptory challenges.
• United States v. Valdez
  861 F.2d 427· 5th Cir.· 1988-11-22 ·cited 4×
  The court held that the loss of a portion of the trial transcript does not automatically require reversal; the defendant must demonstrate specific prejudice to their appeal.
• United States v. Oreste Ollet
  848 F.2d 1193· 11th Cir.· 1988-07-08 ·cited 4×
  The court held that the appellant's conviction and sentence were proper, rejecting his claims regarding the indictment, sufficiency of evidence, and suppression of evidence.
• United States v. Wiley
  847 F.2d 480· 8th Cir.· 1988-05-24 ·cited 4×
  A defendant must demonstrate a legitimate expectation of privacy in the searched area to have standing to challenge a search warrant.
• The United States v. Aguilar
  843 F.2d 735· 3d Cir.· 1988-03-31 ·cited 4×
  The court held that separate prison sentences for Continuing Criminal Enterprise (CCE) and conspiracy convictions are not permissible under congressional intent.
• United States v. Deerman
  837 F.2d 684· 5th Cir.· 1988-02-17 ·cited 4×
  The court held that retrial on importation counts was not barred by double jeopardy, as the jury was manifestly deadlocked, and collateral estoppel did not bar telephone facilitation charges because the jury's acquittal on possession counts did not necessarily resolve the issue o
• United States v. Sazenski
  833 F.2d 741· 8th Cir.· 1987-11-16 ·cited 4×
  The court held that the trial judge's jury instructions did not impermissibly amend the indictment, and any misjoinder of defendants was harmless error.
• United States v. Wiggins
  828 F.2d 1199· 6th Cir.· 1987-09-21 ·cited 4×
  The court held that the defendant's detention did not exceed the boundaries of a permissible investigative detention, and therefore his consent to search was valid.
• United States v. Almeida-Biffi
  825 F.2d 830· 5th Cir.· 1987-08-13 ·cited 4×
  The court held that the district court did not abuse its discretion in denying severance and mistrial motions, that sufficient evidence supported the convictions, and that limiting evidence to a specific date was not plain error.
• United States v. Martinez
  825 F.2d 1451· 10th Cir.· 1987-08-06 ·cited 4×
  The court held that the co-conspirator statements were properly admitted because the independent evidence established a combination between the defendant and co-conspirators, and the illegality could be shown by the declarations themselves, consistent with recent case law.
• United States v. Meredith
  824 F.2d 1418· 4th Cir.· 1987-08-04 ·cited 4×
  The court affirmed convictions, finding no reversible error in jury selection, rereading of testimony, merger of offenses, sufficiency of evidence, or admission of co-conspirator statements.
• United States v. Powell
  823 F.2d 996· 6th Cir.· 1987-07-24 ·cited 4×
  The court held that an indictment is valid on its face and not subject to challenge based on the alleged inadequacy or incompetence of the evidence presented to the grand jury.
• United States v. Mayer
  818 F.2d 725· 10th Cir.· 1987-05-12 ·cited 4×
  The court held that the warrantless search of the airplane and hangar was not justified under the border search exception because the government failed to establish with reasonable certainty that the aircraft had crossed the border.