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UNITED STATES v. SARMIENTO-ROZO

No. 78-1314.

592 F.2d 1318 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Horacio SARMIENTO-ROZO, Arnoldo Adaulfo Guerra-Curvelo, Nemesio Medina-Martinez, Gabriel Guerra-Cuvelo, Uberto Medina-Martinez, Manuel Guerra-Alejandro, Fuentes Medrano-Dalmiro, Domingo Manuel Guerra-Pitalua and Nemesio Gomez-Rodriguez, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 30, 1979.

Attorney(s) appearing for the Case

Jack V. Eskenazi, U. S. Atty., Kevin Moore, Asst. U. S. Atty., Miami, Fla., Mervyn Hamburg, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Theodore J. Sakowitz, Federal Public Defender, Lurano Snow, David K. Kelley, Jr., Asst. Federal Public Defenders, Miami, Fla., Jack R. Nageley, Miami Beach, Fla., for defendants-appellees.

Before WISDOM, GOLDBERG, and VANCE, Circuit Judges.

WISDOM, Circuit Judge:

The government appeals the district court's dismissal of an indictment of eight Colombian seamen charged with attempted importation of marijuana in violation of 21 U.S.C. § 963. The sole question addressed by the district court, apparently one of first impression in this Circuit, was whether it had subject matter jurisdiction to try the foreign crew members of a foreign vessel found in international...

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