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UNITED STATES v. PEREZ-HERRERA

No. 78-5775.

610 F.2d 289 (1980)

UNITED STATES of America, Appellee, v. Elio PEREZ-HERRERA, Luis Perez-Herrera and Domingo Perez-Barrio, Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 27, 1980.

Attorney(s) appearing for the Case

Miguel Del Aguila, court-appointed, Miami, Fla., for E. Perez-Herrera.

Oscar S. Rodriguez, court-appointed, Gables, Fla., for L. Perez-Herrera.

Emilio De La Cal, court-appointed, Miami, Fla., for D. Perez-Barrio.

Ralph N. Person, Asst. U. S. Atty., Miami, Fla., for appellee.

Before COLEMAN, Chief Judge, KRAVITCH and HENDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 27, 1980.

HENDERSON, Circuit Judge:

On March 28, 1978, the appellants were arrested aboard an American-registered ship, the Mey Lin, approximately seventy miles from the United States. They were subsequently convicted of attempting to import marijuana into the United States in violation of 21 U.S.C.A. § 963.1

The appellants contend that they committed no crime...

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