Possession With Intent To Distribute

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

• United States v. Washington
  969 F.2d 1073· D.C. Cir.· 1992-06-30 ·cited 2×
  The court held that the trial court abused its discretion in rejecting a guilty plea solely because the defendant refused to incriminate a co-defendant, but found the error to be harmless as the defendant was ultimately convicted of the same offense.
• United States v. Weaver
  966 F.2d 391· 8th Cir.· 1992-06-05 ·cited 2×
  The dissent argues that the facts of this case are indistinguishable from a prior controlling precedent, United States v. White.
• United States v. Moralez
  964 F.2d 677· 7th Cir.· 1992-05-20 ·cited 2×
  The court held that the defendant's conviction and sentence were supported by sufficient evidence and that his various claims of error, including denial of a suppression hearing, improper prosecutorial argument, sentencing enhancement, and ineffective assistance of counsel, were
• United States v. Kelly
  961 F.2d 524· 5th Cir.· 1992-05-13 ·cited 2×
  The court held that a warrantless search of a vehicle's engine compartment was permissible under the Fourth Amendment if supported by probable cause, even if the probable cause argument was not initially raised by the government.
• Fields v. United States
  963 F.2d 105· 6th Cir.· 1992-04-22 ·cited 2×
  The court held that the district court's acceptance of the guilty plea was contingent on review of the presentence report and that the district court failed to adequately state its reasons for the sentencing enhancement, requiring remand.
• United States v. Robinson-Munoz
  961 F.2d 300· 1st Cir.· 1992-04-09 ·cited 2×
  The court held that the district court did not err in admitting a co-defendant's statement, that sufficient evidence proved appellants' knowledge of the marijuana, and that jurisdiction was properly established.
• United States v. Maxwell Allen
  960 F.2d 1055· D.C. Cir.· 1992-04-07 ·cited 2×
  The court affirmed the convictions, holding that the search warrant was valid, the evidence was sufficient, and the prosecutor's arguments and evidentiary rulings were not grounds for reversal.
• United States v. Daniel
  962 F.2d 100· 1st Cir.· 1992-04-03 ·cited 2×
  The court held that the defendant was not forced to proceed pro se and that the denial of a minor participant reduction was not plain error.
• United States v. Laster
  958 F.2d 315· 10th Cir.· 1992-03-05 ·cited 2×
  The court held that prior drug sales, even if not part of the offense of conviction, can be included in calculating the base offense level if they were part of the same course of conduct or common scheme or plan.
• United States v. Dockery
  955 F.2d 50· D.C. Cir.· 1992-01-24 ·cited 2×
  The court held that the trial court abused its discretion by refusing to sever the ex-felon count, and by allowing the government to use the prior conviction in cross-examining a defense witness, leading to undue prejudice against the defendant.
• United States v. Gregory Wrice (90-5703) & Tommy Goods (90-5479)
  954 F.2d 406· 6th Cir.· 1992-01-23 ·cited 2×
  The court held that a document filed with the district court within forty days of judgment, even if not a formal notice of appeal, can confer jurisdiction if later validated by a motion to extend time.
• United States v. Preciado-Robles
  954 F.2d 566· 9th Cir.· 1992-01-21 ·cited 2×
  The court held that the defendant's consent to search was voluntary and the secondary inspection was permissible, affirming his conviction.
• United States v. Franco-Munoz
  952 F.2d 1055· 9th Cir.· 1991-12-31 ·cited 2×
  The dissenting judge believes the agents lacked the requisite reasonable suspicion to justify the stop.
• United States v. Larsen
  952 F.2d 1099· 9th Cir.· 1991-12-20 ·cited 2×
  The court held that 21 U.S.C. § 841(a)(1) has extraterritorial jurisdiction, as congressional intent can be inferred from the nature of illegal drug trafficking.
• United States v. Guajardo
  950 F.2d 203· 5th Cir.· 1991-12-19 ·cited 2×
  The court held that the application of career offender provisions and the denial of a downward departure based on age and health were proper.
• United States v. Evans
  950 F.2d 187· 5th Cir.· 1991-12-18 ·cited 2×
  The court held that the admission of a non-testifying witness's statement as substantive evidence of guilt for gun possession constituted prejudicial hearsay, requiring reversal of those convictions.
• United States v. Martinez
  951 F.2d 887· 8th Cir.· 1991-12-11 ·cited 2×
  The court held that the trial court did not abuse its discretion in admitting tapes and transcripts, and that the denial of downward sentencing departures was either legally correct or a discretionary decision not subject to review. The sentence enhancement for leadership role wa
• United States v. Rodriguez
  950 F.2d 85· 2d Cir.· 1991-11-18 ·cited 2×
  The government met its burden of proving the defendant is a danger to the community, and the district court erred in releasing him on bail.
• United States v. West
  948 F.2d 1042· 6th Cir.· 1991-11-15 ·cited 2×
  The court held that the district court did not abuse its discretion in allowing the jury to use transcripts of taped conversations, nor was its sentencing decision clearly erroneous.
• United States v. Nolberto Zuniga-Salinas
  945 F.2d 1302· 5th Cir.· 1991-10-16 ·cited 2×
  The court affirmed the conviction for possession with intent to distribute and the denial of the motion for a new trial, but affirmed the acquittal on the conspiracy charge, suggesting en banc review for the latter.
• United States v. Lino A. Celio
  945 F.2d 180· 7th Cir.· 1991-10-02 ·cited 2×
  The court held that the state police's search of the truck, based on the DEA's suspicion and request, was permissible under the collective knowledge doctrine, and the prosecutor's remarks during closing argument did not warrant a new trial.
• United States v. Jones
  945 F.2d 747· 4th Cir.· 1991-09-17 ·cited 2×
  The court held that there was insufficient evidence to convict the defendant of possession of cocaine with intent to distribute, and therefore reversed that conviction and a related firearm conviction.
• United States v. Johnson
  943 F.2d 383· 4th Cir.· 1991-08-14 ·cited 2×
  The court affirmed convictions for most defendants but vacated Lloyd's sentence due to insufficient fact-finding regarding drug quantity for sentencing.
• United States v. Citro
  938 F.2d 1431· 1st Cir.· 1991-07-17 ·cited 2×
  The court held that the evidence was sufficient to support Lodato's convictions, the 'oral intercept' was properly authorized, the exclusion of the answering machine tape was within the court's discretion, and drug dependency is not a basis for downward departure under the guidel
• United States v. Sheree Carwell
  939 F.2d 545· 8th Cir.· 1991-07-17 ·cited 2×
  The court held that there was sufficient independent evidence to corroborate the defendant's confession, supporting her conviction for possession of cocaine with intent to distribute.
• United States v. Chauncey Gilbert
  936 F.2d 377· 8th Cir.· 1991-06-20 ·cited 2×
  The court held that the initial encounter between the defendant and the officers was not a Fourth Amendment seizure because, under the totality of the circumstances, a reasonable person would have felt free to leave. The court also found no error in quashing the defendant's subpo
• United States v. Davidson
  936 F.2d 856· 6th Cir.· 1991-06-18 ·cited 2×
  The court held that the trial court did not err in refusing to sever tax charges pertaining only to an absent co-defendant.
• United States v. Campbell
  935 F.2d 39· 4th Cir.· 1991-06-05 ·cited 2×
  The court held that the evidence was sufficient to support the convictions, that co-defendant statements were properly admitted, that the school-zone statute is constitutional, and that sentencing calculations were appropriate.
• United States v. Hamell
  931 F.2d 466· 8th Cir.· 1991-04-22 ·cited 2×
  The court held that the district court did not err in denying the motion to suppress, admitting or excluding evidence, or in its jury instructions, and affirmed the convictions.
• United States v. Connie Clark (90-3153) & Cliffton Clark (90-3312)
  928 F.2d 733· 6th Cir.· 1991-03-21 ·cited 2×
  The court held that the evidence was sufficient to sustain the defendants' convictions for possession with intent to distribute crack cocaine and Cliffton's firearm convictions, and that no Brady or Jencks Act violations occurred.
• United States v. Coco
  926 F.2d 759· 8th Cir.· 1991-02-26 ·cited 2×
  The court held that the admission of a co-defendant's taped statements was proper as an admission of a party opponent, and that any Bruton or Bell issues were either waived or not plain error.
• United States v. Reyes
  926 F.2d 96· 1st Cir.· 1991-02-22 ·cited 2×
  The court held that the undisclosed evidence was not material, meaning there was no reasonable probability that its disclosure would have changed the outcome of the trial.
• United States v. Jordan
  927 F.2d 53· 2d Cir.· 1991-02-14 ·cited 2×
  A defendant can be liable as an aider or abetter of a 'causer' and as a co-conspirator under the Pinkerton theory, even when the principal's liability is based on causing an act to be done under 18 U.S.C. § 2(b).
• United States v. Miller
  925 F.2d 695· 4th Cir.· 1991-01-30 ·cited 2×
  A police officer has probable cause to arrest a defendant based on an informant's tip when a substantial portion of that tip is corroborated by the officer's personal observation, even if the informant is not previously known to be reliable.
• United States v. Thompson
  925 F.2d 234· 8th Cir.· 1991-01-30 ·cited 2×
  The court held that criminal history points were properly assessed and that evidence seized from the defendant's truck and person was admissible.
• United States v. McGUIRE
  909 F.2d 440· 11th Cir.· 1990-08-15 ·cited 2×
  The court held that cumulative special assessments are mandatory per count, and special parole was correctly imposed based on the law in effect at the time of the offense.
• United States v. Rule
  905 F.2d 497· 1st Cir.· 1990-06-04 ·cited 2×
  The court held that the special parole term was lawfully imposed because the substantive counts were not sentenced under 21 U.S.C. § 841(b)(6), but rather under a provision that allowed for special parole.
• United States v. Sheppard
  901 F.2d 1230· 5th Cir.· 1990-05-14 ·cited 2×
  The court held that the consent to search and the defendant's flight did not sufficiently attenuate the connection between the initial unconstitutional intrusion and the discovery of evidence.
• United States v. Coldwell
  898 F.2d 1005· 5th Cir.· 1990-04-06 ·cited 2×
  The court held that the Blockburger test determines if prior prosecution bars subsequent charges, and that collateral estoppel requires a necessarily decided issue. The court affirmed dismissal of some counts, reversed dismissal of others, and dismissed Coldwell's appeal.
• United States v. Afolabi K. Eniola
  D.D.C.· 1990-01-26 ·cited 2×
  The court held that a protective order barring defense counsel from discussing a potential witness's status as a government informant with their client violated the Sixth Amendment right to effective assistance of counsel for one appellant, but not the other.
• United States v. Thomas
  893 F.2d 482· 2d Cir.· 1990-01-08 ·cited 2×
  The court held that the district court did not err in finding exigent circumstances justified a warrantless entry to prevent destruction of evidence or flight of suspects.
• United States v. Clark
  891 F.2d 501· 4th Cir.· 1989-12-12 ·cited 2×
  The court held that a defendant's repeated denials of ownership of a suitcase preclude him from asserting a Fourth Amendment privacy interest in its contents, even if the detention of the suitcase ripened into a de facto arrest.
• United States v. Lawrence
  889 F.2d 1187· 1st Cir.· 1989-11-21 ·cited 2×
  The court held that the defendant's confession, though initially deemed involuntary by the trial court, was not in fact involuntary and was therefore admissible for rebuttal purposes, and that the sentencing guidelines were applied correctly.
• United States v. Glomb
  877 F.2d 1· 5th Cir.· 1989-06-23 ·cited 2×
  The court held that a defendant's flight and failure to report to prison constituted a valid waiver of his right to have his Fourth Amendment claim reviewed, thus affirming the district court's denial of his habeas petition.
• United States v. Palomino
  877 F.2d 835· 10th Cir.· 1989-06-12 ·cited 2×
  The court affirmed the convictions and sentences, finding no error in the denial of severance, the government's investigation, prosecutorial conduct, or the search of the defendant's residence.
• United States v. Ramirez-Ramirez
  875 F.2d 772· 9th Cir.· 1989-05-25 ·cited 2×
  A defendant charged with drug importation and possession need not know the specific type or amount of the controlled substance, only that they possessed a controlled substance.
• United States v. Gonzalez
  875 F.2d 875· D.C. Cir.· 1989-05-16 ·cited 2×
• United States v. Heriberto Asencio
  873 F.2d 639· 2d Cir.· 1989-05-01 ·cited 2×
  The court held that the government's action in selling narcotics to a suspected buyer, even in a reverse buy operation, does not constitute outrageous misconduct that violates due process or warrants dismissal under supervisory power.
• United States v. Dillon
  870 F.2d 1125· 6th Cir.· 1989-03-27 ·cited 2×
  The court held that the district court did not abuse its discretion in admitting evidence of the defendant's flight and in refusing to strike a juror whose husband drove her to court daily, as the juror credibly denied discussing the case.
• United States v. Cariballo-Tamayo
  865 F.2d 1179· 11th Cir.· 1989-02-16 ·cited 2×
  The dissenting judge argues that the majority opinion improperly deviates from binding precedent, United States v. Sarmiento, which held that customs officers lack authority to board vessels on the high seas.