UNITED STATES v. ALLEN

Nos. 79-1059, 79-1060 and 79-1063 to 79-1067.

675 F.2d 1373 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur A. ALLEN, Peter A. Diffenderfer, Kevin T. Kerr, William P. Kolander, Derek S. Sherman, Spencer C. Sherman, and Gary L. Theriaque, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 5, 1980.

Rehearing Denied December 31, 1980.

As Amended on Denial of Rehearing and Rehearing April 16, 1981.


Attorney(s) appearing for the Case

Martin Weinberg, Boston, Mass., Marcus S. Topel, San Francisco, Cal., argued for defendants-appellants; Oteri & Weinberg, Boston, Mass., Robert F. Collins, Troy & Collins, Dorchester, Mass., on brief.

David Smith, Crim. Div., Washington, D. C., for plaintiff-appellee.

Before KENNEDY, TANG and ALARCON, Circuit Judges.


As Amended on Denial of Rehearing and Rehearing En Banc April 16, 1981.

KENNEDY, Circuit Judge.

After customs interdiction of an amphibious operation to import over eight tons of marijuana, the participants were convicted of federal offenses. These appeals followed. Appellants allege the prosecution used evidence resulting from unlawful surveillance and illegal seizures and arrests, that the evidence was insufficient, and that

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