UNITED STATES v. BAKER

No. 79-5006.

609 F.2d 134 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Abraham Leroy BAKER and James Osborne, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 14, 1980.


Attorney(s) appearing for the Case

Manuel W. James, Key West, Fla., Alvin E. Entin, Ronald A. Dion, North Miami Beach, Fla., for defendants-appellants.

Jack V. Eskenazi, U. S. Atty., Paul D. Lazarus, Caridad P. Matthews, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before WISDOM, AINSWORTH and RONEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 14, 1980.

RONEY, Circuit Judge:

The most serious question in this case is whether the possession of 51,280 pounds of marijuana on an American flag vessel well outside the three-mile territorial jurisdiction of the United States, but within the twelve-mile "customs waters," is a crime under 21 U.S.C.A. § 841(a)(1), which proscribes the possession of marijuana with the intent to distribute. Although not without...

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