UNITED STATES v. CASTRO

Nos. 78-5510, 78-5660 Summary Calendar.

596 F.2d 674 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Celio CASTRO and Ralph Alfonso, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Albert GREENE, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 18, 1979.


Attorney(s) appearing for the Case

Manuel W. James, Key West, Fla., for Castro.

Alvin E. Entin, Ronald A. Dion, North Miami Beach, Fla., for Castro and Alfonso.

John F. Daniel, Panama City, Fla., for Alfonso.

Nickolas P. Geeker, U.S. Atty., Pensacola, Fla., Donald S. Modesitt, Asst. U.S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before CLARK, GEE, and HILL, Circuit Judges.


GEE, Circuit Judge:

Appellants Celio Castro, Ralph Alfonso and Albert Greene, Jr. were jointly indicted for conspiracy to possess marijuana with intent to distribute and for possession thereof with intent to distribute, violations of 21 U.S.C. §§ 841(a)(1) and 846. Greene failed to appear for trial at the appointed hour and was later tried separately; all were convicted and now appeal. All urge that the customs' search of the shrimper on which they were...

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