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UNITED STATES v. HAYES

No. 79-1572.

653 F.2d 8 (1981)

UNITED STATES of America, Appellee, v. Clinton HAYES, Ronald Auth, Steven Black and James Swope, Jr., Appellants.

United States Court of Appeals, First Circuit.

Decided June 19, 1981.

Attorney(s) appearing for the Case

Michael Kennedy, P. C., Gerald B. Lefcourt, New York City, Emilio Soler Mari, Rio Piedras, P. R., Jaime Salas Soler, Santuce, P. R., Bufete Salas Soler, and Sheryl E. Reich, New York City, on brief, for appellants.

Justo Arenas, Asst. U. S. Atty., San Juan, P. R., with whom Raymond L. Acosta, Asst. U. S. Atty., San Juan, P. R., and Mervyn Hamburg, Atty., U. S. Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before CAMPBELL, BOWNES, and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

Defendants-appellants Clinton Hayes, Ronald Auth, Steven Black and James Swope, Jr., appeal their convictions of attempted importation of marijuana into the United States, in violation of 21 U.S.C. § 963,1 and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).2

On June 5, 1979, the CHARLES M, a United States registered fishing vessel...

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