UNITED STATES v. ONE (1) 43 FOOT SAILING VESSEL

No. 76-1166 Summary Calendar.

538 F.2d 694 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. ONE (1) 43 FOOT SAILING VESSEL "Winds Will," License O.N. 531317/US and Equipment, Defendant, Sun Charters, Inc., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 19, 1976.


Attorney(s) appearing for the Case

Mitchell D. Aronson, Miami, Fla., Philip W. Dann, St. Petersburg, Fla., for claimant-appellant.

Robert W. Rust, U. S. Atty., Patricia Jean Kyle, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.


PER CURIAM:

While engaged in a surface law enforcement patrol in the Yucatan Channel fifteen or so miles west of Cuba on the night of September 8, 1975, members of the crew of United States Coast Guard Cutter DAUNTLESS boarded a 43 foot sailing vessel, WINDS WILL, running without lights, for a safety inspection. 14 U.S.C.A. § 2 and § 89. Smell and plain view observation led to the discovery of 2,030 pounds of marijuana on board. The United States sought...

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