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UNITED STATES v. CLARK

No. 81-5099 Non-Argument Calendar.

664 F.2d 1174 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Emery CLARK, Zygmund Wojciech Fornalski, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied February 1, 1982.

Attorney(s) appearing for the Case

Philip Carlton, Jr., Miami, Fla., for defendants-appellants.

Linda Collins Hertz, Asst. U. S. Atty., Miami, Fla., for the U. S.

Before HILL, VANCE and HATCHETT, Circuit Judges.

PER CURIAM:

Richard Emery Clark and Zygmund Fornalski appeal their conviction after bench trial for willfully and knowingly possessing marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846.

On April 6, 1977 the Coast Guard cutter, POINT BARNES, sighted the cabin cruiser, C-LARK II, in the vicinity of Gun Cay, approximately fifty miles southeast of the Florida coast. The POINT BARNES was

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