Possession With Intent To Distribute

2,534 Florida cases classified under this topic, plus 1,907 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Sanchez
  917 F.2d 607· 1st Cir.· 1990-10-24 ·cited 66×
  The court affirmed convictions and sentences, holding that conspiracy and possession evidence was sufficient, "aiding and abetting" and Pinkerton instructions were permissible without explicit indictment notice, ineffective assistance claims required a more developed record, and
• United States v. Hernandez
  876 F.2d 774· 9th Cir.· 1989-05-31 ·cited 66×·via Possession With Intent To Distribute Cocaine
  The court held that the evidence was sufficient to support the convictions for conspiracy to possess and possession with intent to distribute cocaine, and that the exclusion of certain evidence was not an abuse of discretion.
• United States v. Hernandez
  779 F.2d 456· 8th Cir.· 1985-12-12 ·cited 66×
  The court held that the prosecutor's improper remarks during opening statement, while improper, were not so prejudicial as to deprive the defendant of a fair trial, and thus the denial of a mistrial was not an abuse of discretion.
• United States v. McCRADY
  774 F.2d 868· 8th Cir.· 1985-10-01 ·cited 66×·via Possession With Intent To Distribute Cocaine
  The court held that the warrantless search of the car's glove compartment was a valid search incident to arrest under the Belton rule, and the subsequent apartment search was not tainted. The court also found the admission of the assistant U.S. attorney's testimony to be an abuse
• United States v. Vega-Barvo
  729 F.2d 1341· 11th Cir.· 1984-04-16 ·cited 66×·via Possession Of Narcotics With Intent To Distribute
  The dissenting judge argues that x-ray searches at the border require the highest standard of reasonable suspicion due to their intrusive nature and potential health risks. Detention beyond reasonable questioning also requires a heightened level of suspicion.
• United States v. Washington
  586 F.2d 1147· 7th Cir.· 1978-11-15 ·cited 66×
  The court held that the circumstantial evidence was sufficient to support convictions for conspiracy and possession with intent to distribute cocaine, and that border search and electronic beacon installation were lawful.
• United States v. Margarito Juan Alvarez
  548 F.2d 542· 5th Cir.· 1977-03-10 ·cited 66×
  The court held that sufficient circumstantial evidence supported the jury's verdict for conspiracy to possess and possession of marijuana with intent to distribute.
• United States v. Jennings
  527 F.2d 862· 5th Cir.· 1976-02-26 ·cited 66×
  The court held that while the trial court erred in failing to give a cautionary instruction regarding co-conspirator hearsay testimony, this error was harmless beyond a reasonable doubt due to the overwhelming evidence of the defendants' guilt.
• United States v. McLAUGHLIN
  525 F.2d 517· 9th Cir.· 1975-11-07 ·cited 66×·via Possession Of Marijuana With Intent To Distribute
  The court held that the denial of the motion to suppress evidence and the motion to reveal the informant's identity was proper, affirming the convictions.
• United States v. Ocampo
  890 F.2d 1363· 7th Cir.· 1989-11-15 ·cited 65×
  The court held that the police actions constituted a valid investigatory stop based on reasonable suspicion, not an arrest, and that the evidence seized was admissible. The court also affirmed the sufficiency of the evidence for the firearm charge and the enhanced sentence for th
• United States v. Monzon
  869 F.2d 338· 7th Cir.· 1989-02-17 ·cited 65×
  The court affirmed the conviction and sentence, finding no reversible error in the evidentiary rulings, jury instructions, or sentencing.
• United States v. Reivich
  793 F.2d 957· 8th Cir.· 1986-06-25 ·cited 65×·via Possession With Intent To Distribute Cocaine
  The court held that the affidavit, even with omitted information about informant inducements, still provided sufficient probable cause for the search warrant.
• United States v. Alton Spradlen and Joseph Reilly
  662 F.2d 724· 11th Cir.· 1981-11-23 ·cited 65×·via Possession Of Marijuana With Intent To Distribute
  The court held that the evidence was sufficient to support the jury's conspiracy convictions, despite acquittal on the possession count.
• United States v. Wardlaw
  576 F.2d 932· 1st Cir.· 1978-05-16 ·cited 65×
  The court held that the searches were justified under the reasonable suspicion standard applicable to border searches, but vacated the sentences because the sentencing judge impermissibly focused on a theory of deterrence to the exclusion of individual mitigating factors.
• United States v. Ramirez
  482 F.2d 807· 2d Cir.· 1973-07-25 ·cited 65×
  The court affirmed convictions for drug offenses on Counts One and Two, but reversed Wilson Ramirez's conviction on Count Three for carrying a firearm unlawfully, finding insufficient evidence and improper jury instructions.
• United States v. Howard
  923 F.2d 1500· 11th Cir.· 1991-02-19 ·cited 64×
  The court held that a defendant's prior disclosure of information to DEA agents, even if not repeated to a probation officer, does not constitute a material falsehood for obstruction of justice, and that substantial cooperation with law enforcement warrants acceptance of responsi
• United States v. Lawrence
  915 F.2d 402· 8th Cir.· 1990-10-09 ·cited 64×
  The court held that the defendant's cocaine involvement constituted the 'same course of conduct' as his marijuana conspiracy, but reversed the district court's approximation of the cocaine quantity due to insufficient evidence.
• United States v. Merbi Suarez
  911 F.2d 1016· 5th Cir.· 1990-08-30 ·cited 64×
  The court held that the district court erred by applying a revised sentencing guideline that removed the scienter requirement for firearm possession enhancements without making a finding of scienter, violating the ex post facto clause.
• United States v. Corrine Marie Denardi
  892 F.2d 269· 3d Cir.· 1989-12-19 ·cited 64×
  The court held that a defendant cannot appeal a district court's discretionary refusal to depart downward from sentencing guidelines, as such appeals are not authorized by statute.
• United States v. Miller
  891 F.2d 1265· 7th Cir.· 1989-12-18 ·cited 64×
  The court affirmed the conviction, rejecting the 'outrageous governmental conduct' defense as a basis for reversal.
• United States v. Garcia-Rosa
  876 F.2d 209· 1st Cir.· 1989-05-23 ·cited 64×
  The court held that there was sufficient evidence to support the convictions and affirmed the denial of the motion to suppress. However, it found that the district court abused its discretion in admitting certain extrinsic act evidence.
• United States v. Sailes
  872 F.2d 735· 6th Cir.· 1989-04-13 ·cited 64×
  The court held that the district court did not err in calculating the defendant's base offense level by including the entire quantity of cocaine involved in the overall scheme, nor in refusing to depart from the sentencing guidelines.
• United States v. Clemons
  843 F.2d 741· 3d Cir.· 1988-03-31 ·cited 64×
  The court held that the prosecutor's explanation for striking black jurors was race-neutral and complied with Batson, and that while the jury instruction on the witness intimidation statute was problematic, any error was harmless.
• United States v. Charris
  822 F.2d 1213· 1st Cir.· 1987-06-29 ·cited 64×·via Possession Of Marijuana With Intent To Distribute
  The court held that consent by a foreign nation to enforce U.S. law against its vessel on the high seas does not make the vessel subject to U.S. jurisdiction under 21 U.S.C. § 955a(a), and that such consent falls exclusively under § 955a(c).
• United States v. Alion Andersson
  813 F.2d 1450· 9th Cir.· 1987-04-03 ·cited 64×
  The court held that the warrantless search of the hotel room and suitcase was justified by exigent circumstances and as a search incident to arrest, respectively. Admission of the coconspirator's statement and expert testimony was proper, and the Government complied with Brady an
• United States v. Acosta
  763 F.2d 671· 5th Cir.· 1985-06-06 ·cited 64×
  The court held that the trial court did not abuse its discretion in denying a written jury charge and in admitting co-conspirator hearsay statements subject to later connection, but reversed convictions due to insufficient evidence or lack of venue.
• United States v. August Carl Benz
  740 F.2d 903· 11th Cir.· 1984-09-04 ·cited 64×
  The court held that there was sufficient evidence to convict Benz on both counts and that the district court's rulings were correct, affirming the convictions.
• United States v. RAY
  731 F.2d 1361· 9th Cir.· 1984-04-24 ·cited 64×
• United States v. Bennie Ray Winship
  724 F.2d 1116· 5th Cir.· 1984-01-30 ·cited 64×·via Possession With Intent To Distribute Methamphetamine
  The court held that convictions for two separate conspiracy counts violated the Double Jeopardy Clause, as the evidence indicated a single conspiracy to distribute multiple drugs.
• United States v. Lochan
  674 F.2d 960· 1st Cir.· 1982-04-01 ·cited 64×
  The court held that the defendant had no reasonable expectation of privacy in the vehicle, the evidence was sufficient to prove knowing possession, and the district court did not abuse its discretion in denying severance motions.
• United States v. Perez-Esparza
  609 F.2d 1284· 9th Cir.· 1979-10-23 ·cited 64×·via Possession With Intent To Distribute Cocaine
  A prolonged detention for custodial interrogation, even if voluntary consent to search is obtained during that detention, requires probable cause; otherwise, evidence obtained is fruit of the poisonous tree and must be suppressed.
• United States v. Milham
  590 F.2d 717· 8th Cir.· 1979-01-08 ·cited 64×
  The court held that the warrantless search of the van was permissible under a forfeiture statute, the admission of a pistol into evidence was not an abuse of discretion, and the denial of severance motions was proper. The court also affirmed the admissibility of coconspirator sta
• United States v. Ballard
  586 F.2d 1060· 5th Cir.· 1978-12-22 ·cited 64×
  The court held that the trial court did not err in admitting the appellant's confession, nor was the appellant subjected to double jeopardy or collateral estoppel.
• United States v. Prueitt
  540 F.2d 995· 9th Cir.· 1976-07-21 ·cited 64×·via Possession Of Marijuana With Intent To Distribute
  The court held that the district court abused its discretion in denying a motion for a bill of particulars and that Petersen had automatic standing to challenge searches.
• United States v. Cirillo
  468 F.2d 1233· 2d Cir.· 1972-11-06 ·cited 64×·via Possession Of Heroin With Intent To Distribute
  The court held that the evidence supported a single, ongoing conspiracy, and that the defendant's awareness of specific shipments was not required for conviction.
• United States v. Gerald Levy (89-5980) & Calvin Black (89-6099)
  904 F.2d 1026· 6th Cir.· 1990-05-25 ·cited 63×
  The court affirmed the convictions and sentences, holding that the district court did not err in its evidentiary rulings, jury instructions, or sentencing decisions, and that the challenged statute was not unconstitutionally vague or disproportionate.
• United States v. Rogers
  921 F.2d 975· 10th Cir.· 1990-03-26 ·cited 63×
  The court held that Miranda warnings are not required for routine post-conviction presentence interviews, and that delays caused by speedy trial motions are excludable under the Speedy Trial Act.
• United States v. Herrero
  893 F.2d 1512· 7th Cir.· 1990-01-16 ·cited 63×
  The court held that the district court did not err in refusing to compel the production of agents' notes under the Jencks Act, as the evidence did not demonstrate the witness adopted or approved the notes as her own statements.
• United States v. Hoyt
  879 F.2d 505· 9th Cir.· 1989-03-17 ·cited 63×·via Possession With Intent To Distribute Cocaine
  The court held that the trial court did not err in refusing an entrapment instruction, in giving an undercover agent instruction, and that the mandatory sentencing provisions of 21 U.S.C. § 841(b)(1)(A) are constitutional and do not constitute cruel and unusual punishment.
• United States v. Napue
  834 F.2d 1311· 7th Cir.· 1987-11-19 ·cited 63×
  The court held that while ex parte communications are disfavored, the district court did not abuse its discretion in allowing them under specific circumstances, but the defendant failed to demonstrate prejudice from the proceedings.
• United States v. Lowden David
  803 F.2d 1567· 11th Cir.· 1986-11-13 ·cited 63×
  The court held that the defendant's claim regarding the district court's ruling on impeachment evidence was waived because he did not testify, and that the case should be remanded for further proceedings regarding the Batson challenge to peremptory strikes.
• United States v. Arbelaez
  719 F.2d 1453· 9th Cir.· 1983-11-10 ·cited 63×
  The court held that the evidence was sufficient to prove a single conspiracy and that the admission of coconspirator statements and the denial of severance motions were proper.
• United States v. Arra
  630 F.2d 836· 1st Cir.· 1980-08-21 ·cited 63×·via Possession Of Marijuana With Intent To Distribute
  The court held that the Coast Guard had authority to board and search the vessel, that the district court had jurisdiction over the offenses, and that the destruction of recorded communications did not deprive the defendants of a fair trial.
• United States v. German Hernandez-Miranda
  601 F.2d 1104· 9th Cir.· 1979-08-07 ·cited 63×·via Possession Of Heroin With Intent To Distribute
  The court held that the district court did not err in giving a flight instruction, admitting evidence of bond forfeiture, admitting evidence of a prior conviction, or imposing consecutive sentences.
• United States v. Hernandez
  591 F.2d 1019· 5th Cir.· 1979-03-20 ·cited 63×
  Consecutive sentences for possession with intent to distribute and distribution of heroin arising from a single transaction are improper when the possession is constructively proven by the distribution itself.
• United States v. James
  576 F.2d 1121· 5th Cir.· 1978-07-20 ·cited 63×
• United States v. Davis
  562 F.2d 681· D.C. Cir.· 1977-04-06 ·cited 63×
  The court held that the evidence was sufficient to establish the defendant's constructive possession of drugs and intent to distribute, and that the trial court properly denied his motion for judgment of acquittal.
• United States v. Jones
  545 F.2d 1112· 8th Cir.· 1976-11-09 ·cited 63×·via Possession Of Heroin With Intent To Distribute
  The court held that Sylvester's Fourth Amendment rights were not violated by the recording of conversations with an informant and that the search warrant was supported by probable cause. The court reversed Judith's conviction, finding insufficient evidence that she knowingly part
• United States v. Bagley
  537 F.2d 162· 5th Cir.· 1976-08-16 ·cited 63×
  The court held that while the statement was against the declarant's penal interest, the trial judge's determination that corroborating circumstances did not clearly indicate the statement's trustworthiness was not clearly erroneous.
• United States v. Freund
  525 F.2d 873· 5th Cir.· 1976-01-07 ·cited 63×·via Possession Of Marijuana With Intent To Distribute
  The court held that the trial court erred in denying the defendant's request for disclosure of an informer's identity without conducting an in camera interview to balance the competing interests.