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UNITED STATES v. MASKENY

No. 78-5596.

609 F.2d 183 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Donald George MASKENY, Lee Durwood Harvey, Mark Timothy Perkins, Joseph Charles Blackburn, Sr., Charles Michael Crocker, Kenneth Murchison, Sidney Larry Pernell, Barry Wayne Toombs, Tony Darwin and Julian Thomas Pernell, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 14, 1980.

Attorney(s) appearing for the Case

William H. McAbee, II, Katherine L. Henry, David Roberson, Asst. U.S. Attys., Savannah, Ga., for plaintiff-appellee.

Mellissa S. Mundell, Asst. U.S. Atty., Savannah, Ga. (on jury selection issues) for plaintiff-appellee.

Carleton L. Weidemeyer, Clearwater, Fla., for Maskeny.

J. Flowers Mark, Alexandria, Va., for Harvey.

John Kenneth Zwerling, Jonathan Shapiro, Alexandria, Va., for Perkins.

Frank A. Mika, Arthur S. Meisnere, Washington, D.C., for Blackburn, Crocker, Murchison, Pernell & Toombs & Pernell.

Donald G. Doddington, Roger V. Rigau, Tampa, Fla., for Darwin.

Before COLEMAN, Chief Judge, TJOFLAT and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 14, 1980.

COLEMAN, Circuit Judge.

Somewhere around 10 o'clock, P. M., March 6, 1978, Pilots (appellants) Darwin and Maskeny, accompanied by defendant Perkins, landed a twin engined airplane at the Sylvania, Georgia public airport, loaded with 3,623 pounds of marijuana. They were met with an entirely unexpected welcome from United States Customs Agents and Georgia state officers who had been awaiting their arrival...

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