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UNITED STATES v. SIRCOVICH

No. 76-3304.

555 F.2d 1301 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. John SIRCOVICH and Ken Van Deveer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 18, 1977.

Attorney(s) appearing for the Case

Peter F. K. Baraban, Miami, Fla., for Sircovich.

James J. Hogan, Joseph Mincberg, Miami, Fla., for Van Deveer.

Robert W. Rust, U. S. Atty., C. Wesley G. Currier, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, Circuit Judge, KUNZIG, Associate Judge, and GEE, Circuit Judge.

PER CURIAM:

Appellants John Sircovich, Ken Van Deveer, along with nineteen other individuals, were charged with a scheme to smuggle marijuana into the United States. The plan involved the rendezvous of two smaller vessels with a ship carrying marijuana in the Atlantic Ocean. During the appointed rendezvous the marijuana was transferred to the smaller boats and thereafter brought into the United States.

Significantly, United States Customs agents operating...

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