UNITED STATES v. RODRIGUEZ

No. 77-5339.

585 F.2d 1234 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Edward RODRIGUEZ, a/k/a Rick, Thomas J. Albernaz, Peter Smigowski, and William John Martins, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted November 20, 1978.


Attorney(s) appearing for the Case

Raymond E. LaPorte, Tampa, Fla., for Rodriguez.

Martin G. Weinberg, Boston, Mass., for Albernaz.

James W. Lawson, Joseph S. Oteri, Boston, Mass., for Smigowski.

Joel R. Magazine, Diane R. Tolbert, Coconut Grove, Fla., Jeanne Baker, Cambridge, Mass., for Martins.

Jack V. Eskenazi, U. S. Atty., Michael P. Sullivan, Asst. U. S. Atty., Miami, Fla., Mervyn Hamburg, Atty., U. S. Dept. of Justice, Washington, D. C., for United States.

Before SKELTON, Senior Judge, and FAY and RUBIN, Circuit Judges.


Rehearing En Banc Granted November 20, 1978.

ALVIN B. RUBIN, Circuit Judge:

The appellants challenge their convictions on both counts of a two count indictment charging conspiracy to import marijuana in violation of 21 U.S.C. § 952, and a conspiracy to distribute marijuana in violation of 21 U.S.C. § 841,1 alleging that some twenty different errors were committed below. Their cavalcade of contentions marches against a...

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