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UNITED STATES v. THOMPSON

No. 81-5952.

710 F.2d 1500 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. John THOMPSON, Steven Barfield, and Kim Williams, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 1, 1983.

Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Robert J. Bondi, Asst. U.S. Atty., Miami, Fla., Frank J. Marine, Atty., Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Robyn J. Hermann, Asst. Federal Public Defender, Thomas G. Sherman, Miami, Fla., Peter Kahn, David Povich, Robert N. Chatigny, Washington, D.C., for defendants-appellees.

Before VANCE and ANDERSON, Circuit Judges, and SCOTT, District Judge.

VANCE, Circuit Judge:

The government appeals an order of the district court for the Southern District of Florida suppressing evidence, approximately 2,000 pounds of marijuana, which the Coast Guard seized from defendants' United States registered vessel in international waters. We have jurisdiction under 18 U.S.C. § 3731.

I. FACTS

On the afternoon of October 24, 1980, the defendants were aboard a 27 foot single cabin sailboat,

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