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UNITED STATES v. AYRES

Nos. 83-1201, 83-1215.

725 F.2d 806 (1984)

UNITED STATES of America, Appellee, v. Robert M. AYRES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Nicolo Pirri ARDIZZONE and Frank Termini, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 19, 1984.

Attorney(s) appearing for the Case

Judith H. Mizner, Boston, Mass., with whom Gail S. Strassfeld, Susan P. Sturm, and Silverglate, Gertner, Baker & Fine, Boston, Mass., were on brief, for Robert M. Ayres.

William A. Brown, Boston, Mass., with whom Brown & Prince, Boston, Mass., was on brief, for Nicolo Pirri Ardizzone.

Barry P. Wilson, Boston, Mass., on brief, for Frank Termini.

Mervyn Hamburg, Atty., Dept. of Justice, Washington, D.C., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., and James E. O'Neil, Asst. U.S. Atty., Boston, Mass., were on brief, for appellee.

Before CAMPBELL, Chief Judge, ROSENN, Senior Circuit Judge, and BREYER, Circuit Judge.

ROSENN, Senior Circuit Judge.

The defendants, Frank Termini, Nicolo P. Ardizzone, and Robert M. Ayres, were tried to a jury in the United States District Court for the District of Rhode Island and convicted on drug-related charges1 arising out of the smuggling of 8,785 pounds of marijuana. Following the imposition of sentence, each of the defendants appealed. We affirm.

I.

In the summer of 1982, the Coast Guard received...

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