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UNITED STATES v. MAZYAK

No. 80-5326.

650 F.2d 788 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy Alexander MAZYAK, III, Charles Franklin Adams, Lawrence Marshall Moore, Jr. and Charles Fletcher Allen, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B.

July 17, 1981.

Attorney(s) appearing for the Case

Melvin S. Black, Miami, Fla. (Court-appointed) for Mazyak and Allen.

G. David O'Leary, Miami, Fla., for Adams.

Max P. Engel, Miami, Fla., for Moore.

Linda Collins-Hertz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before HILL and VANCE, Circuit Judges, and LYNNE, District Judge.

JAMES C. HILL, Circuit Judge:

Appellants Leroy Alexander Mazyak III, Charles Franklin Adams, Lawrence Marshall Moore, Jr. and Charles Fletcher Allen, were each convicted of conspiracy to import marijuana into the United States, 21 U.S.C. § 952(a) (West 1972), and conspiracy to possess marijuana with intent to distribute, 21 U.S.C. § 841(a)(1) (West 1972).

Appellants raise three points on appeal. First, they argue that certain evidence must be suppressed...

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