Possession With Intent To Distribute

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

• United States v. Enriquez-Estrada
  999 F.2d 1355· 9th Cir.· 1993-07-07
  The court held that the admission of a codefendant's redacted confession, substituting a neutral term for the defendant's name, does not violate the Confrontation Clause if it is not powerfully incriminating on its face. The court also held that drug ledgers are admissible as cir
• United States v. Shonubi
  998 F.2d 84· 2d Cir.· 1993-06-30
  The court held that the district court erred by not enhancing the sentence for obstruction of justice based on perjury and by calculating drug quantity based on speculation rather than specific proof.
• United States v. Alejos Garcia
  995 F.2d 556· 5th Cir.· 1993-06-30
  The court held that the defendant's speedy trial rights were not violated and that the evidence was sufficient for conviction.
• United States v. Dixon
  509 U.S. 690· U.S.· 1993-06-28
  The concurring Justice believes contempt of court is not the 'same offense' as assault or drug possession for double jeopardy purposes, but disagrees with the majority's reasoning and disposition.
• United States v. Rodriguez
  993 F.2d 1170· 5th Cir.· 1993-06-14
  The court held that Rodriguez's Sixth Amendment right to counsel was violated when the FBI took his statement without his appointed counsel present, and that the evidence was sufficient to convict Napoles and Guerra. The court also held that the voir dire did not violate Napoles'
• United States v. McINTYRE
  997 F.2d 687· 10th Cir.· 1993-06-07
  The court affirmed the defendant's conviction, holding that the district court did not abuse its discretion in its evidentiary rulings or its decision regarding juror qualification, and that the admission of certain documents, while potentially erroneous, did not constitute plain
• United States v. Brown
  995 F.2d 1493· 10th Cir.· 1993-06-04
  The court held that the evidence was sufficient to support the district court's finding that the defendant acted as a manager for sentencing enhancement purposes and that the evidence was sufficient to support his convictions.
• United States v. Garrido
  995 F.2d 808· 8th Cir.· 1993-06-03
  The court held that the evidence was insufficient to support the finding of 150 pounds of marijuana for offense level calculation for Valenzuela and Garrido, requiring resentencing. However, the court affirmed the denial of Carlos's pretrial motions and Ismael's sentencing enhanc
• United States v. Japa
  994 F.2d 899· 1st Cir.· 1993-05-24
  The court held that the defendant was adequately informed of the maximum sentence and understood the charges, making his guilty plea knowing and voluntary, and that sentencing procedures were adequate.
• United States v. Myers
  993 F.2d 713· 9th Cir.· 1993-05-21
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea and properly sentenced the defendant.
• United States v. Kessee
  992 F.2d 1001· 9th Cir.· 1993-05-11
  The court held that the defendant was entitled to an entrapment jury instruction because he presented some evidence on both elements of the defense, creating a genuine issue of fact for the jury to decide.
• United States v. Drayton Curry
  993 F.2d 43· 4th Cir.· 1993-05-07
  The court held that a defendant has an unqualified right to inspect jury lists to prepare a challenge to jury selection procedures, but that a witness's invocation of the Fifth Amendment on a collateral matter does not require striking their testimony.
• United States v. Thomas
  992 F.2d 201· 8th Cir.· 1993-05-04
  The court held that the officers had reasonable suspicion for the investigative stop, the subsequent search and arrest were lawful, the evidence was sufficient for conviction, and the defendant received effective assistance of counsel.
• United States v. Alonzo
  991 F.2d 1422· 8th Cir.· 1993-04-27
  The court held that out-of-court statements made by a conspirator after his arrest to police are inadmissible hearsay under Fed. R. Evid. 801(d)(2)(E) because they are not made in furtherance of the conspiracy, and this error was not harmless.
• United States v. Farah
  991 F.2d 1065· 2d Cir.· 1993-04-21
  The court held that a district court's downward departure based on a defendant's low likelihood of recidivism was an impermissible basis for departure, as it was a characteristic of the defendant rather than their conduct.
• United States v. LEE
  991 F.2d 343· 6th Cir.· 1993-04-20
  The court held that the evidence was sufficient to support the defendant's conviction for conspiracy and distribution of cocaine, and that the district court's deliberate ignorance jury instruction was properly given and did not violate due process.
• United States v. Isai Isauro Garza
  990 F.2d 171· 5th Cir.· 1993-04-20
  The court held that the evidence was sufficient to support the jury's verdict and that the admission of DEA agent testimony did not constitute reversible error.
• United States v. Morrison
  991 F.2d 112· 4th Cir.· 1993-04-16
  The court held that the evidence was sufficient to support Morrison's conviction for possession with intent to distribute cocaine base and that the jury instructions were not erroneous.
• United States v. Velasquez-Carbona
  991 F.2d 574· 9th Cir.· 1993-04-16
  The court held that the evidence was sufficient to support the conviction and that the ex parte contact between a law clerk and a juror did not violate due process rights, especially since no objection was raised below.
• United States v. Jones
  990 F.2d 1047· 8th Cir.· 1993-04-09
  The court held that the evidence was insufficient to establish that the defendant 'used' a firearm in relation to a drug trafficking crime under 18 U.S.C. § 924(c).
• United States v. Cordova
  990 F.2d 1035· 8th Cir.· 1993-04-08
  The court held that the defendant's statements and the drugs found on her person were admissible because they were voluntary revelations, not the product of custodial interrogation requiring Miranda warnings.
• United States v. de Jesus-Rios
  990 F.2d 672· 1st Cir.· 1993-04-07
  The court held that Eva Rios's pretrial identification was impermissibly suggestive and unreliable, and the error was not harmless, thus her conviction must be vacated. The evidence was sufficient to support Jose Rios's conviction.
• United States v. Gutierrez
  990 F.2d 472· 9th Cir.· 1993-04-01
  The court held that the standard of review for a defendant's failure to establish a prima facie case of selective prosecution is clear error, and that the defendant failed to establish such a case. The court also held that the district court did not abuse its discretion in denyin
• United States v. Allen
  990 F.2d 667· 1st Cir.· 1993-03-30
  Sufficient evidence supported the appellant's convictions for drug offenses, and the detention and search of the package did not violate his Fourth Amendment rights.
• United States v. Mendonsa
  989 F.2d 366· 9th Cir.· 1993-03-30
  The court held that while the officers acted in good faith reliance on the warrant, the forced entry violated the "knock and announce" statute, requiring suppression of the evidence.
• United States v. Demetress Wesley
  990 F.2d 360· 8th Cir.· 1993-03-30
  The court affirmed the convictions, holding that the evidence was sufficient to support the jury's findings and that the trial court did not err in its evidentiary or instructional rulings.
• United States v. Vigil
  989 F.2d 337· 9th Cir.· 1993-03-29
  The court held that the defendant voluntarily consented to the discovery of the drugs, thus eliminating any Fourth Amendment issue, and that the evidence at trial was sufficient to establish guilt beyond a reasonable doubt.
• United States v. Lopez
  989 F.2d 24· 1st Cir.· 1993-03-25
  The court held that the warrantless search of the bathroom for a shotgun was justified by exigent circumstances, specifically the need to recover a dangerous weapon believed to be nearby and accessible to others.
• United States v. Ryles
  988 F.2d 13· 5th Cir.· 1993-03-25
  The court held that the officer's intrusion into the vehicle's airspace was reasonable under the Fourth Amendment given the totality of the circumstances, and that a disassembled but readily reassemblable shotgun warranted a sentencing enhancement.
• United States v. Seals
  987 F.2d 1102· 5th Cir.· 1993-03-24
  The court held that the dog sniff was not a search under the Fourth Amendment, and that probable cause existed to search the vehicle, independently supported by the inevitable discovery doctrine. The court also affirmed the trial court's Batson ruling and other issues raised.
• United States v. Heriberto Ruiz
  987 F.2d 243· 5th Cir.· 1993-03-22
  The court held that the district court did not err in admitting co-conspirator statements, photographs, or in limiting cross-examination, and that sufficient evidence supported the convictions.
• United States v. Tarazon
  989 F.2d 1045· 9th Cir.· 1993-03-17
  The court held that the search of the desk incident to the arrest of Mr. Tarazón was valid, despite the judge's disapproval of the precedent relied upon.
• United States v. Simons Addo
  989 F.2d 238· 7th Cir.· 1993-03-16
  The court held that the defendant waived his challenge to the motion in limine by failing to renew his objection and that the evidence was sufficient to support the Pinkerton conspiracy instruction.
• United States v. Vargas
  986 F.2d 35· 2d Cir.· 1993-02-19
  The court held that the evidence was sufficient to support the convictions and that the sentencing calculations were correct.
• United States v. Williams
  986 F.2d 86· 4th Cir.· 1993-02-18
  The court held that the district court did not err in its rulings on jury selection, impeachment evidence, or sentence calculation, affirming the convictions and sentence.
• United States v. Daphney Henderson-Durand
  985 F.2d 970· 8th Cir.· 1993-02-12
  The court affirmed the convictions and sentences, holding that Arnold waived his claim of outrageous government conduct by failing to raise it pretrial, and that the jury's rejection of the coercion defense was supported by sufficient evidence.
• United States v. Chapple
  985 F.2d 729· 3d Cir.· 1993-02-11
  The court held that the weight of cocaine is a sentencing factor for the judge, not a jury element, and the district court erred by deferring to the jury's implicit finding on weight.
• United States v. Valentine
  984 F.2d 906· 8th Cir.· 1993-01-26
  The court held that the district court did not err in denying motions to quash search warrants, sever offenses, admit expert testimony, or admit evidence of a smaller cocaine quantity, affirming the conviction.
• United States v. Rena
  981 F.2d 765· 5th Cir.· 1993-01-12
  The court held that while allowing transcripts with extraneous interpretations was an abuse of discretion, it constituted harmless error. It also held that the evidence supported a single conspiracy conviction for Rena Jr.
• United States v. Salazar
  983 F.2d 778· 7th Cir.· 1993-01-06
  The court affirmed the conviction and sentence, holding that the evidence was sufficient for both counts and that the district court did not err in attributing 15 kilograms of cocaine to the defendant for sentencing purposes.
• United States v. Dedrick Danual Mays
  982 F.2d 319· 8th Cir.· 1993-01-04
  The court held that the warrantless search of the defendant's automobile was reasonable under the Fourth Amendment as an inventory search conducted pursuant to standard police procedures, and thus the evidence found and subsequent statements were admissible.
• United States v. August
  984 F.2d 705· 6th Cir.· 1992-12-23
  The court affirmed the conviction and sentence, finding no merit in the defendant's numerous challenges, including claims of ineffective assistance of counsel, non-unanimous verdict, improper handling of jury notes, evidentiary rulings, insufficient evidence, and sentencing error
• United States v. Domingo LaBoy Cruz
  981 F.2d 659· 2d Cir.· 1992-12-21
  The court held that expert testimony mirroring a government witness's account of drug operations and injecting the defendant's ethnicity was improperly admitted and prejudicial.
• United States v. Tinker
  985 F.2d 241· 6th Cir.· 1992-12-15
  The court's holding, as dictated by precedent, is that Michigan law fails to substantially restore civil rights to felons, thus subjecting them to federal firearm prohibitions. However, the concurring judge disagrees with this interpretation.
• United States v. Hernandez
  980 F.2d 868· 2d Cir.· 1992-12-04
  The court held that the indictment, when read in its entirety, provided sufficient notice of the charges, and the jury instructions did not constructively amend the indictment.
• United States v. Williams
  978 F.2d 1133· 9th Cir.· 1992-11-03
  The court affirmed the district court's denial of motions to dismiss the indictment, suppress evidence, and depart from sentencing guidelines, and upheld the conviction.
• United States v. Barrington A. Hamilton
  978 F.2d 783· 2d Cir.· 1992-11-03
  The court held that the investigative stop and pat-down were lawful under the Fourth Amendment, and that the evidence was sufficient to support the jury's verdict of possession with intent to distribute.
• United States v. Lafoon
  978 F.2d 1183· 10th Cir.· 1992-11-02
  A voluntary and intelligent guilty plea waives non-jurisdictional defenses, including challenges to the scheduling of a controlled substance.
• United States v. Jose Luis L.
  978 F.2d 543· 9th Cir.· 1992-10-30
  The court held that there was insufficient evidence to support the juvenile's conviction for possession of marijuana with intent to distribute.
• United States v. Pressley
  978 F.2d 1026· 8th Cir.· 1992-10-23
  The court held that the trial court did not err in denying the defendant's pretrial motions to suppress evidence and reveal an informant's identity, nor in admitting the seized substances or submitting the case to the jury.