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UNITED STATES v. SAMANGO

No. 78-2297.

607 F.2d 877 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Alfred Joseph SAMANGO et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended December 13, 1979.

Attorney(s) appearing for the Case

No appearance for the United States.

Brook Hart, Honolulu, Hawaii, F. Lee Bailey, Boston, Mass., Robert L. Shapiro, Los Angeles, Cal., George W. Dixon, Tacoma, Wash., Stephen D. Quinn, Honolulu, Hawaii, for defendants-appellees.

Before ELY and GOODWIN, Circuit Judges, and EAST, District Judge.

EAST, District Judge:

The Government appeals from an order dismissing a Superseding Indictment returned by a federal Grand Jury for the District of Hawaii on December 19, 1977.1 We affirm.

GRAND JURY PROCEEDINGS

On May 5, 1975, Dionisia Ferrer arrived in Honolulu from Tahiti with 13½ pounds of cocaine concealed in the false bottoms of two suitcases. On August 29, 1975, she was indicted. The grand jury, after...

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