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UNITED STATES v. ROSE

Nos. 81-1140, 81-1258.

669 F.2d 23 (1982)

UNITED STATES of America, Appellee, v. Robert ROSE, Sr., Defendant, Appellant. UNITED STATES of America, Appellee, v. James HILL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 27, 1982.

As Amended March 15, 1982.

Attorney(s) appearing for the Case

John Wall and Nancy Gertner, Boston, Mass., with whom Ronald Kovner, Washington, D. C., Cullen & Wall, Harvey A. Silverglate, and Silverglate & Gertner, Boston, Mass., were on joint brief, for defendants, appellants.

John H. LaChance, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, DAVIS, Judge, BREYER, Circuit Judge.

COFFIN, Chief Judge.

Appellants James Hill and Robert Rose seek reversal of their convictions for possession with intent to distribute marijuana and for conspiring to import and distribute marijuana. 21 U.S.C. §§ 952, 955a, 960, 963; 18 U.S.C. § 2.

On October 29, 1981, an employee in the monitoring branch of the enforcement division of the Federal Communications Commission (FCC) intercepted what appeared to him to be a suspicious radio transmission...

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