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UNITED STATES v. SMITH

No. 81-1273.

680 F.2d 255 (1982)

UNITED STATES of America, Appellee, v. John M. SMITH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 8, 1982.

Rehearing Denied June 29, 1982.

Attorney(s) appearing for the Case

Ellen K. Wade, Boston, Mass., with whom Henry F. Owens, III., David C. Casey, and Owens & Associates, Boston, Mass., were on brief, for defendant, appellant.

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

Before ALDRICH and BREYER, Circuit Judges, and TORRUELLA, District Judge.

TORRUELLA, District Judge.

On October 31, 1980, while on the high seas approximately one hundred miles off the Massachusetts coast, the United States Coast Guard cutter ALERT intercepted, boarded and seized the JUDITH LEE ROSE, a United States vessel, and the DIANA CECILIA, an unregistered flagless vessel, while persons aboard them were in the process of transferring a cargo of marihuana from the DIANA CECILIA to the JUDITH...

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