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UNITED STATES v. BERRIEL-OCHOA

No. 83-5714 Non-Argument Calendar.

740 F.2d 883 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Julio BERRIEL-OCHOA, Antolin Mederos-Carunjo, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 31, 1984.

Attorney(s) appearing for the Case

Robyn J. Hermann, Asst. Federal Public Defender, Miami, Fla., for Berriel-Ochoa and Mederos-Carunjo.

Stanley Marcus, U.S. Atty., Gregory W. Kehoe, Linda Collins-Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before RONEY, TJOFLAT and ANDERSON, Circuit Judges.

PER CURIAM:

The defendants were convicted of conspiracy and possession of approximately 1600 pounds of marijuana found on their boat in a customs search which occurred one and three-quarter miles up the Miami River. The only real question on this appeal is whether the rationale of United States v. Villamonte-Marquez, 462 U.S. 579, 103 S.Ct. 2573, 77 L.Ed.2d 22 (1983), legitimatizes a customs search of the vessel this far up the...

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