Possession With Intent To Distribute

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

• United States v. Coleman England, Jr.
  971 F.2d 419· 9th Cir.· 1992-08-03 ·cited 3×
  The court held that the detention of mail packages for a dog-sniff test, without delaying their delivery, does not constitute an unreasonable seizure under the Fourth Amendment.
• United States v. Dennis Ray Kottmyer (91-5826)
  961 F.2d 569· 6th Cir.· 1992-04-09 ·cited 3×
  The court held that the district court did not abuse its discretion in dismissing the indictment without prejudice under the Speedy Trial Act, and that the evidence was sufficient to support Kottmyer's conviction and the mandatory minimum sentence was correctly applied to Upton.
• United States v. Fidel Barragan Vargas
  933 F.2d 701· 9th Cir.· 1991-03-08 ·cited 3×
  The court held that the district court's procedure for presenting informant testimony violated the defendants' Sixth Amendment confrontation rights and that the confrontation clause violations were not harmless error.
• United States v. Stuckey
  917 F.2d 1537· 11th Cir.· 1990-10-19 ·cited 3×
  The court held that the trial judge did not abuse his discretion in disqualifying counsel due to a conflict of interest, nor did he err in refusing to allow the defendant to waive that conflict.
• United States v. Attardi
  796 F.2d 257· 9th Cir.· 1986-07-31 ·cited 3×
  The court held that the airport detention and search were lawful under the Fourth Amendment, and the admission of evidence, including Attardi's notes, was proper or harmless error.
• United States v. Ford
  765 F.2d 1088· 11th Cir.· 1985-07-16 ·cited 3×
  The court held that the brother's search of the defendant's room was not a state action, and there was sufficient independent evidence to prove conspiracy.
• United States v. Steagald
  664 F.2d 1242· 5th Cir.· 1981-12-15 ·cited 3×
  The court held that evidence obtained from warranted searches must be suppressed because the initial warrantless search was unconstitutional and tainted the subsequent warrants.
• United States v. Javarese Holmes
  141 F.4th 1183· 11th Cir.· 2025-06-23 ·cited 2×
  Javarese Holmes appealed his convictions for drug trafficking, felon in possession of firearms, and firearm possession in furtherance of drug crimes, challenging the searches of his vehicle and residence, the admission of text messages and expert testimony about drug dealer behav
• United States v. Hayden
  119 F.4th 832· 11th Cir.· 2024-10-03 ·cited 2×
  A within-guideline sentence is substantively reasonable, and a district court does not err by imposing standard conditions of supervised release without orally describing each, provided the defendant had notice and opportunity to object.
• United States v. Morley
  99 F.4th 1328· 11th Cir.· 2024-04-30 ·cited 2×
  The Eleventh Circuit affirmed the defendant's convictions and sentence, finding no error in the denial of the motion to suppress, the sufficiency of the evidence, the jury instruction, or the denial of a safety valve reduction.
• United States v. Raquan Emahl Gray
  94 F.4th 1267· 11th Cir.· 2024-02-29 ·cited 2×
  The court held that the government need only prove a defendant knowingly possessed a controlled substance, not that they knew the specific type of controlled substance, to obtain a conviction under 21 U.S.C. § 841(a)(1) and § 846.
• Tavares Antwan Williams v. State
  976 So. 2d 1210· Fla. 4th DCA· 2008-03-26 ·cited 2×
  Tavares Williams was convicted by jury of selling cocaine and marijuana within 1000 feet of a school and public housing facility. The appellate court reversed his conviction, holding that the State failed to present sufficient evidence to establish a prima facie case of guilt bec
• United States v. Lyons
  352 F. Supp. 2d 1231· M.D. Fla.· 2004-09-30 ·cited 2×
  The court held that the Government's numerous and flagrant Brady and Giglio violations, coupled with its later denials and delay, caused prejudice warranting dismissal of all counts.
• State v. Wiley
  697 So. 2d 1294· Fla. 1st DCA· 1997-08-19 ·cited 2×
  The State appealed a trial court order that partially suppressed evidence seized during a search of Wiley's home executed pursuant to a search warrant. The appellate court held that the search warrant was not overbroad merely because it authorized seizure of items not specificall
• United States v. Johnson
  999 F.2d 1192· 7th Cir.· 1993-07-29 ·cited 2×
  The court held that the weight of waste water containing a trace amount of cocaine base should not be included in the sentencing calculation, but remanded for further findings on the role in the offense enhancement.
• United States v. Mora
  994 F.2d 1129· 5th Cir.· 1993-06-28 ·cited 2×
  The court affirmed the convictions, finding no reversible error in the entrapment defense, discovery rulings, informant production, cross-examination restrictions, or sufficiency of the evidence.
• United States v. Bailey
  995 F.2d 1113· D.C. Cir.· 1993-06-18 ·cited 2×
  The court held that the defendant's conviction under 18 U.S.C. § 924(c) was not reversible based on prior circuit precedent, despite the dissenting judge's view that the precedent was misapplied.
• United States v. Innamorati
  996 F.2d 456· 1st Cir.· 1993-06-17 ·cited 2×
  The court affirmed most convictions but reversed one possession conviction due to insufficient evidence, remanding for resentencing. The court also addressed the admissibility of grand jury testimony.
• United States v. Thompson
  994 F.2d 864· D.C. Cir.· 1993-06-11 ·cited 2×
  The court affirmed both the conviction and the sentence, finding no reversible error in the refusal of a lesser included offense instruction or in the sentencing calculation.
• United States v. Perkins
  994 F.2d 1184· 6th Cir.· 1993-05-24 ·cited 2×
  The court held that probable cause and exigent circumstances justified the warrantless search of the vehicle, and that the district court did not abuse its discretion in denying the motion for a bill of particulars or in its sentencing enhancements.
• United States v. Hernandez
  995 F.2d 307· 1st Cir.· 1993-05-12 ·cited 2×
  The court affirmed convictions, holding that jury instructions were adequate, evidence supported convictions for conspiracy, possession, and firearm offenses, and entrapment defense was not warranted.
• United States v. Crawford
  991 F.2d 1328· 7th Cir.· 1993-04-23 ·cited 2×
  The court held that undelivered marijuana negotiated by the defendant, even if not part of a conspiracy conviction, can be attributed to him for sentencing if it was part of the same course of conduct and reasonably foreseeable, and if the defendant intended and was capable of co
• United States v. Willa M. Johnson
  991 F.2d 1287· 7th Cir.· 1993-04-20 ·cited 2×
  The court held that the search of the defendant's luggage and her detention at the border constituted a routine border inspection, which did not violate the Fourth Amendment.
• United States v. Branch
  989 F.2d 752· 5th Cir.· 1993-04-14 ·cited 2×
  The court held that the defendants' claims of Batson error, insufficient evidence, and instructional error lacked merit, and that severance was not warranted.
• United States v. Conkins
  987 F.2d 564· 9th Cir.· 1993-02-18 ·cited 2×
  The court held that a prior plea agreement did not bar subsequent prosecution for uncharged conduct, collateral estoppel did not apply to distinct conspiracy and substantive charges, and that certain defendants required resentencing due to the district court's failure to make exp
• United States v. Buchanan
  985 F.2d 1372· 8th Cir.· 1993-02-16 ·cited 2×
  The court held that there was sufficient evidence to support the convictions for conspiracy, attempted possession with intent to distribute, and possession with intent to distribute cocaine, and that various sentencing and procedural objections were without merit.
• United States v. Stevens
  985 F.2d 1175· 2d Cir.· 1993-02-11 ·cited 2×
  The court affirmed the conviction but vacated the sentence, remanding for resentencing due to procedural flaws in the sentencing calculation.
• United States v. Lindsay
  985 F.2d 666· 2d Cir.· 1993-02-05 ·cited 2×
  The court held that a defendant cannot be sentenced separately for a lesser-included offense (cocaine conspiracy) when also convicted of a greater offense (continuing criminal enterprise) for the same conduct. It also held that multiple firearms used in relation to a single drug-
• United States v. Phelix Henry Frazier
  985 F.2d 1001· 9th Cir.· 1993-02-03 ·cited 2×
  The negotiated amount of drugs, not the amount actually delivered, determines the offense level under the Sentencing Guidelines for conspiracy or attempt offenses, even in a reverse sting operation.
• United States v. Bruce
  984 F.2d 928· 8th Cir.· 1993-01-28 ·cited 2×
  The court held that any error in cross-examining the defendant's son about his academic past was harmless, and the jury instructions and sentencing enhancements were proper.
• United States v. Sagaribay
  982 F.2d 906· 5th Cir.· 1993-01-27 ·cited 2×
  The court held that the search was reasonable under the Fourth Amendment, even if the officers did not strictly comply with the "knock and announce" statute, and that Rueda's confession was admissible.
• United States v. Robinson
  984 F.2d 911· 8th Cir.· 1993-01-26 ·cited 2×
  The court held that the implicit detention of the suspect was inherently coercive, rendering any subsequent consent to search invalid.
• United States v. REM
  984 F.2d 806· 7th Cir.· 1993-01-26 ·cited 2×
  The court held that the defendant abandoned his suitcase, forfeiting any reasonable expectation of privacy, and thus the warrantless search was permissible.
• United States v. Maritza Rodriguez
  983 F.2d 455· 2d Cir.· 1993-01-14 ·cited 2×
  The court held that a conscious avoidance jury instruction was properly given because the evidence supported a finding that the defendant was aware of a high probability that the suitcase contained drugs and deliberately avoided confirming this fact. The court also held that a co
• United States v. Gullickson
  982 F.2d 1231· 8th Cir.· 1993-01-05 ·cited 2×
  The court held that the government's breach of a pretrial agreement to produce an informant prejudiced the defendants, requiring a new trial on drug charges. It also held that supervised release terms must run concurrently under 18 U.S.C. § 3624(e).
• United States v. Maltos
  985 F.2d 743· 5th Cir.· 1992-11-30 ·cited 2×
  The court held that the evidence was insufficient as a matter of law to sustain the jury's verdict for conspiracy to possess with intent to distribute cocaine.
• United States v. Agramonte
  980 F.2d 847· 2d Cir.· 1992-11-24 ·cited 2×
  The court held that the district court did not err in calculating the defendant's base offense level by including unreceived marijuana as relevant conduct, denying a minor role reduction due to waiver, or dismissing a juror without inquiry.
• United States v. Montes
  976 F.2d 235· 5th Cir.· 1992-10-14 ·cited 2×
  The court held that collateral estoppel did not bar the government from relitigating the amount of marihuana for sentencing purposes, and that the district court's factual findings regarding the relevant conduct were not clearly erroneous.
• United States v. Rodriguez
  976 F.2d 592· 9th Cir.· 1992-10-05 ·cited 2×
  The court held that the Border Patrol agents lacked reasonable suspicion to stop the appellant's vehicle, rendering the subsequent seizure of evidence illegal.
• United States v. Brumel-Alvarez
  991 F.2d 1452· 9th Cir.· 1992-09-29 ·cited 2×
  The dissenting judge would not find reversible error in withholding portions of the Levine Memorandum, concluding the information was not sufficiently material or prejudicial.
• United States v. Clay Dalton Johnson
  977 F.2d 1360· 10th Cir.· 1992-09-29 ·cited 2×
  The court held that the denial of a continuance for a suppression hearing was not an abuse of discretion without a showing of specific testimony and due diligence, and that chain of custody issues go to weight, not admissibility, absent evidence of tampering. The court also vacat
• United States v. Xiomaro E. Hernandez
  975 F.2d 1035· 4th Cir.· 1992-09-16 ·cited 2×
  The court held that the district court erred in admitting extraneous evidence of prior bad acts under Federal Rule of Evidence 404(b) because its probative value was slight and substantially outweighed by the danger of unfair prejudice.
• United States v. Thornton
  972 F.2d 764· 7th Cir.· 1992-08-11 ·cited 2×
  The court held that the defendant failed to make a prima facie showing that the conspiracy charged in the Pennsylvania indictment was the same as the conspiracy charged in the Illinois indictment, thus not violating double jeopardy protections.
• United States v. Peay
  972 F.2d 71· 4th Cir.· 1992-08-07 ·cited 2×
  The court held that the district court's error in denying a party the opportunity to impeach a witness was harmless because the evidence of guilt was overwhelming.
• United States v. Quesada
  972 F.2d 281· 9th Cir.· 1992-08-05 ·cited 2×
  The court held that the Sentencing Guidelines applied to the defendant's conviction were consistent with the Sentencing Reform Act and governing statutes.
• United States v. Gregory L.A. Thomas
  971 F.2d 147· 8th Cir.· 1992-07-31 ·cited 2×
  The court held that the defendant's convictions for conspiracy to possess cocaine and aiding and abetting possession of cocaine did not violate the double jeopardy clause, as the offenses require proof of different facts. The court also found no reversible error in the jury selec
• United States v. Muyideen Adewale Alarape
  969 F.2d 349· 7th Cir.· 1992-07-20 ·cited 2×
  The court held that the trial judge did not abuse discretion in refusing to ask specific voir dire questions regarding potential juror prejudice against the defendant's national origin or religion, nor in refusing questions probing juror bias towards law enforcement, as the case
• United States v. Randle
  966 F.2d 1209· 7th Cir.· 1992-07-15 ·cited 2×
  The court held that the district court erred in denying a mistrial based on the failure to allow a reasonable opportunity for the defense to request a poll of the jury after the verdict was read.
• United States v. White
  969 F.2d 681· 8th Cir.· 1992-07-14 ·cited 2×
  The court held that the prosecutor's remark about the defendant's non-citizenship was not preserved for appeal and, even if considered on the merits, was not prejudicial. The court also held that the evidence was sufficient to support the conviction for possession with intent to
• Billy-Eko v. United States
  968 F.2d 281· 2d Cir.· 1992-07-02 ·cited 2×
  A federal defendant's failure to raise constitutional claims on direct appeal constitutes a procedural default barring review in a § 2255 petition, absent cause and prejudice.