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UNITED STATES v. RODRIGUEZ

No. 77-5339.

612 F.2d 906 (1980)

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.

February 27, 1980.

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, Coconut Grove, Fla., for Martins.

Michael P. Sullivan, Asst. U. S. Atty., Miami, Fla., Mervyn Hamburg, Atty., U. S. Dept. of Justice, Crim. Div., Washington, D. C., for the U. S.

Before COLEMAN, Chief Judge, BROWN, GOLDBERG, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The seizure on the open seas of marijuana being transferred from the freighter Labrador to the Catchalot II caught a lot more than an enormous amount of an illegal substance. Not the least of the catch are the difficult legal issues of statutory construction and double jeopardy which we consider on this rehearing en banc. The panel in this case disagreed with prior decisions concerning these issues, but felt constrained...

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