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UNITED STATES v. ALBANO

No. 82-8781.

722 F.2d 690 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph ALBANO, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 9, 1984.

Attorney(s) appearing for the Case

Joseph D. Newman, Asst. U.S. Atty., Savannah, Ga., Mervyn Hamburg, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Anthony M. Cardinale, Boston, Mass., for Albano & Deciutiss.

Mark J. Kadish, Atlanta, Ga., for Byrnes, Hare & Rush.

Before HILL and KRAVITCH, Circuit Judges, and MORGAN, Senior Circuit Judge.

JAMES C. HILL, Circuit Judge:

The United States appeals an order by the district court granting defendants' motion to suppress 3,000 pounds of marijuana. For two reasons, we reverse. First, we hold that Customs officers, possessing reasonable suspicion of illegal activity, lawfully stopped the vessels involved and seized contraband in plain view pursuant to their authority under 19 U.S.C. § 1581(a) and within the limitations...

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