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UNITED STATES v. GUILLEN-LINARES

No. 78-5630.

636 F.2d 78 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Roldan GUILLEN-LINARES, Sergio Delrio-Buentes, Tomas Gonzalez, Felix Valle, Raul Delrio-Boquet, and Raul Peralta, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 15, 1981.

Attorney(s) appearing for the Case

George L. Cardet, Miami, Fla., for Guillen-Linares.

Anthony F. Gonzalez, Bennie Lazzara, Jr., Richard Lazzara, Tampa, Fla., for Delrio-Buentes Gonzalez, Valle and Delrio-Boquet.

Joseph H. Ficarrotta, Tampa, Fla., for Peralta.

Marvin L. Rudnick, Asst. U. S. Atty., Tampa, Fla., for the U.S.

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

TJOFLAT, Circuit Judge:

On April 27, 1978, the Coast Guard boarded a shrimping vessel, the Miss Port Canaveral, while that ship was anchored in Tampa Bay. The boarding party discovered a significant quantity of marijuana on the Miss Port Canaveral, and arrested all those aboard. Soon thereafter, the crew of the Miss Port Canaveral was tried and convicted of conspiracy to possess marijuana with intent to distribute, 21 U.S.C. § 846 (1976), and of possession of...

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