Possession With Intent To Distribute

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

• United States v. Amorin
  810 F.2d 1040· 11th Cir.· 1987-02-20 ·cited 4×
  The court held that the warrantless search of the defendant's car was constitutional under the automobile exception and that the seizure of firearms was valid under the plain view doctrine. Sufficient evidence also supported the conspiracy conviction.
• United States v. Burnett
  791 F.2d 64· 6th Cir.· 1986-05-27 ·cited 4×
  The court held that the discovery of marijuana in plain view provided probable cause to search the entire vehicle, including containers within it, justifying the seizure of cocaine found in a champagne box in the trunk.
• United States v. Trullo
  790 F.2d 205· 1st Cir.· 1986-05-14 ·cited 4×
  The court held that the subjective expectation of finding contraband does not invalidate an otherwise lawful inventory search of a vehicle. The objective reasonableness of the search is the controlling standard.
• United States v. LEE
  783 F.2d 92· 7th Cir.· 1986-02-06 ·cited 4×
  The court held that the district court's order of pretrial detention was proper because the statutory time limits for a detention hearing were met.
• United States v. Robinson
  783 F.2d 64· 7th Cir.· 1986-01-29 ·cited 4×
  The court held that a defendant's unsworn statement to the jury, made with counsel's consent, does not constitute a waiver of counsel, and that the trial court did not err in balancing the right to impeach co-conspirators against the risk of prejudice to defendants.
• United States v. Cebian
  774 F.2d 446· 11th Cir.· 1985-10-18 ·cited 4×
  The court held that the trial judge did not err in refusing to give a separate 'diminished capacity' jury instruction because the defense theory was substantially covered by the existing instructions on specific intent.
• United States v. Grubbs
  773 F.2d 599· 4th Cir.· 1985-09-27 ·cited 4×
  The court held that there was insufficient evidence to support convictions for conspiracy to possess and possession with intent to distribute marijuana.
• United States v. Sabino de Leon
  768 F.2d 629· 5th Cir.· 1985-08-02 ·cited 4×
  The court held that the standard of review for sufficiency of evidence in a federal juvenile adjudication is identical to that in federal criminal appeals, requiring proof beyond a reasonable doubt.
• United States v. Hawkes
  753 F.2d 355· 4th Cir.· 1985-01-29 ·cited 4×
  The court should affirm Sylvia Hawkes' conviction because the evidence supports a jury instruction on intentional flight as reflecting consciousness of guilt.
• United States v. Correa-Tobon
  748 F.2d 1509· 11th Cir.· 1984-12-17 ·cited 4×
  The court held that the defendant's Fifth and Sixth Amendment rights were not violated by the deportation of a potential witness, and that the admission of handguns and hearsay evidence at sentencing was proper.
• United States v. de Hernandez
  731 F.2d 1369· 9th Cir.· 1984-04-24 ·cited 4×
  The dissenting judge would affirm the government's position, finding the detention reasonably related to the initial search and thus not an unreasonable intrusion.
• United States v. Williams
  726 F.2d 661· 10th Cir.· 1984-02-06 ·cited 4×
  The court held that the defendant's detention, arrest, and the seizure of evidence were lawful, and his conviction was affirmed.
• United States v. Hendrix
  726 F.2d 433· 8th Cir.· 1984-02-06 ·cited 4×
  The court held that the initial encounter between law enforcement and the defendant was not an illegal seizure, and therefore the evidence obtained was admissible.
• United States v. Holmes
  722 F.2d 37· 4th Cir.· 1983-11-14 ·cited 4×
  The court held that the defendants were denied their rights under the Jencks Act due to the district court's abuse of discretion in denying a reasonable recess for reviewing voluminous Jencks Act materials, necessitating a new trial.
• United States v. Gravier
  706 F.2d 174· 6th Cir.· 1983-05-09 ·cited 4×
  The court held that the cocaine found in the hotel room was admissible under the plain view exception and that the taped conversations were admissible as evidence of a single conspiracy.
• United States v. Berryman
  717 F.2d 651· 1st Cir.· 1983-05-06 ·cited 4×
  The court held that the encounter between the DEA agents and the defendant constituted a seizure under the Fourth Amendment, and that the agents lacked reasonable suspicion to detain the defendant, rendering the subsequent search and seizure unlawful.
• United States v. Rocco V. Filipponio
  702 F.2d 664· 7th Cir.· 1983-03-23 ·cited 4×
  Consecutive sentences were permissible for simultaneous possession of cocaine and a firearm, and for possession of two different firearms on separate occasions. The evidence was sufficient to establish constructive possession.
• United States v. Boyd
  696 F.2d 63· 8th Cir.· 1982-12-27 ·cited 4×
  The court held that keys seized during a warrantless arrest were admissible because the police had probable cause to arrest the defendant, and even if suppressed, there was ample other evidence to convict.
• United States v. Stalder
  696 F.2d 59· 8th Cir.· 1982-12-21 ·cited 4×
  A stipulation of facts establishing guilt is not the functional equivalent of a guilty plea requiring full Fed.R.Crim.P. 11 procedures, as long as the defendant understands the rights they are surrendering.
• United States v. Brown
  684 F.2d 841· 11th Cir.· 1982-09-03 ·cited 4×
  The court held that the statute was not unconstitutional, the indictment was valid, the boarding and search were lawful, and the evidence was sufficient to support the conviction.
• United States v. Sandini
  660 F.2d 544· 5th Cir.· 1981-11-02 ·cited 4×
  The court held that the district court properly denied the motion to suppress a co-conspirator's testimony, as there was no evidence the attorney-client privilege was breached or that the defendant was prejudiced.
• United States v. Moorman
  660 F.2d 106· 4th Cir.· 1981-09-24 ·cited 4×
  The court held that the evidence was sufficient to sustain the convictions for importation and possession with intent to distribute marijuana, and that the trial court did not err in denying motions for judgments of acquittal.
• United States v. Rivera
  654 F.2d 1048· 5th Cir.· 1981-09-02 ·cited 4×
  The dissenting judge would have found the warrantless core sampling constitutionally permissible and reversed the suppression order.
• United States v. James-Robinson
  515 F. Supp. 1340· S.D. Fla.· 1981-06-11 ·cited 4×
  The court held that it lacked subject matter jurisdiction to prosecute foreign nationals on a stateless vessel found on the high seas without an allegation or proof of intent to distribute the controlled substance in the United States or cause some other effect here.
• United States v. Floreal Delagarza
  650 F.2d 1166· 10th Cir.· 1981-03-02 ·cited 4×
  The court held that the dismissal of one count of an indictment by the government before trial does not constitute an amendment, and a conviction for possessing a Schedule II controlled substance is valid even if the substance is not medically classified as a narcotic.
• United States v. Roldan Guillen-Linares
  636 F.2d 78· 5th Cir.· 1981-01-15 ·cited 4×
  The court held that the capacity in which the boarding party acted (Coast Guard or Customs agents) is determinative of the boarding's validity and requires further factual findings by the district court.
• United States v. Smith
  635 F.2d 1329· 8th Cir.· 1980-11-26 ·cited 4×
  The court held that the arrest and search were lawful because probable cause existed, and the confession was admissible as it was not a fruit of an illegal arrest. The jury instructions and sentence were also deemed proper.
• United States v. Landis
  632 F.2d 66· 8th Cir.· 1980-10-16 ·cited 4×
  The court held that the affidavit provided sufficient probable cause for the issuance of a search warrant, despite a vague description, when combined with other corroborating details.
• United States v. Smith
  629 F.2d 1301· 9th Cir.· 1980-08-20 ·cited 4×
  The court held that a second warrantless search of a passenger's bag was a valid customs search exception to the Fourth Amendment, even though the contraband was discovered earlier and the search occurred after the initial border crossing.
• United States v. Madalone
  492 F. Supp. 916· S.D. Fla.· 1980-06-24 ·cited 4×
  The court held that a defendant who voluntarily submits to U.S. customs inspection in a foreign country, knows they must disembark in the U.S., and entrusts heroin-laden baggage to a companion, is not a "true in-transit" passenger for purposes of the importation statute. The cour
• United States v. Wolfe
  611 F.2d 1152· 5th Cir.· 1980-02-15 ·cited 4×
  The court held that the jury instructions, despite an initial error that was corrected, were proper and did not impermissibly shift the burden of proof, and that the special parole term was permissible.
• United States v. Herminio Cruz
  603 F.2d 673· 7th Cir.· 1979-08-17 ·cited 4×
  The court held that the denial of the motion to quash the search warrant, the admission of the alleged confession, the reasonable doubt instruction, the prosecutor's closing argument, and the denial of post-trial motions were all without merit.
• United States v. Carreno
  599 F.2d 680· 5th Cir.· 1979-07-27 ·cited 4×
  The court held that the warrantless search and seizure was lawful under the plain view doctrine and that the admission of coconspirator hearsay was proper under the Oliva standard.
• United States v. Odiorne
  590 F.2d 158· 5th Cir.· 1979-02-26 ·cited 4×
  The court held that the evidence was sufficient to support the convictions and that the search of the vessel was lawful.
• United States v. Chacon
  564 F.2d 1373· 9th Cir.· 1977-11-28 ·cited 4×
  The court held that juvenile records sealed under 18 U.S.C. § 5038 may be disclosed in proceedings involving a transaction in which the juvenile was involved, but this holding is unnecessary and wrongly decided.
• United States v. Dimitroff
  541 F.2d 629· 6th Cir.· 1976-09-09 ·cited 4×
  The court held that the evidence was sufficient to support the jury's verdicts and that the mention of a prior conviction, coupled with a cautionary instruction, did not constitute prejudicial error.
• United States v. Mejia
  529 F.2d 995· 9th Cir.· 1976-01-26 ·cited 4×
  The court held that the admission of evidence regarding the defendant's duty to report to jail was reversible error due to its high prejudicial impact and low probative value. The court also held that the defendant was entitled to jury instructions on entrapment.
• United States v. Castillo
  524 F.2d 286· 10th Cir.· 1975-10-28 ·cited 4×
  The court held that the evidence presented was insufficient to prove possession of marijuana with intent to distribute, as it only showed the defendant was an employee driver without knowledge or control of the trailer's contents.
• United States v. Ramirez
  506 F.2d 742· 5th Cir.· 1975-01-15 ·cited 4×
  The court affirmed the conviction, finding sufficient evidence for possession and importation, and deeming any error in the conspiracy conviction harmless under the concurrent sentence doctrine.
• United States v. Clement
  504 F.2d 921· 5th Cir.· 1974-12-09 ·cited 4×
  The court held that the trial judge's erroneous and prejudicial limitation of the term 'rip-off' to narcotics transactions deprived the defendants of a fair trial.
• United States v. Euclid Tutwiler, Jr.
  505 F.2d 758· 9th Cir.· 1974-08-09 ·cited 4×
  The court held that the motion to suppress was properly denied because customs agents had probable cause to search, seize, and arrest the defendant and his companions.
• United States v. Ojeda-Rodriguez
  502 F.2d 560· 9th Cir.· 1974-07-05 ·cited 4×
• United States v. de Lazo
  497 F.2d 1168· 3d Cir.· 1974-05-30 ·cited 4×
  The court held that there was sufficient evidence to support the jury's conviction of the defendants for conspiracy to import and distribute cocaine and possession with intent to distribute, and that the trial court's jury instructions did not constitute plain error.
• United States v. Basey
  468 F.2d 194· 9th Cir.· 1972-09-29 ·cited 4×
  The court held that the evidence did not establish entrapment as a matter of law and affirmed the conviction.
• United States v. Enriqe Manuel Vivero
  465 F.2d 141· 9th Cir.· 1972-07-26 ·cited 4×
  The court held that probable cause existed to search the unattended truck, and that the defendant Vivero received effective assistance of counsel and that no reversible error occurred during sentencing.
• United States v. Montenegro
  1 F.4th 940· 11th Cir.· 2021-06-11 ·cited 3×
  The Eleventh Circuit affirmed the district court's application of a firearms enhancement, finding sufficient nexus between the rifle and the drug offenses.
• United States v. Gordils
  982 F.2d 64· 2d Cir.· 1992-12-22 ·cited 3×
  The court held that the district court did not err in denying the motion to suppress evidence seized during a warrantless search due to exigent circumstances, that the evidence was sufficient to support Bastar's convictions, and that the denial of the motion for a new trial was p
• United States v. Sampson
  980 F.2d 883· 3d Cir.· 1992-11-27 ·cited 3×
  The court held that the district court erred by admitting prior drug convictions without a proper articulation of their relevance under Rule 404(b) and without conducting a Rule 403 balancing test.
• United States v. Yahya M. Ahmed
  980 F.2d 161· 2d Cir.· 1992-11-25 ·cited 3×
  The introduction of evidence of a defendant's failure to appear to show consciousness of guilt in a prior narcotics trial does not bar a subsequent prosecution for bail jumping, as the offenses have different operative facts and the evidence was not used to establish an essential
• United States v. IVY
  973 F.2d 1184· 5th Cir.· 1992-09-17 ·cited 3×
  The court affirmed the convictions, holding that the denial of the motion to suppress was proper, the evidence was sufficient to support the convictions, and the forfeiture of cash was permissible.