UNITED STATES v. ALVAREZ-MENA

No. 84-2473. Summary Calendar.

765 F.2d 1259 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Eladio ALVAREZ-MENA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 8, 1985.


Attorney(s) appearing for the Case

E. Dale Robertson, Brownsville, Tex., for defendant-appellant.

Daniel K. Hedges, U.S. Atty., Susan L. Yarbrough and James R. Gough, Asst. U.S. Attys., Houston, Tex., Mervyn Hamburg, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, GARWOOD and DAVIS, Circuit Judges.


GARWOOD, Circuit Judge:

This appeal concerns the seizure and search by the U.S. Coast Guard of a stateless vessel on the high seas, and the arrest and subsequent prosecution of her alien crew, for violation of 21 U.S.C. section 955a(a). Appellant, one of the crew members who was neither a citizen nor resident of the United States, moved below to dismiss for lack of subject matter jurisdiction and to suppress evidence allegedly illegally obtained during the high seas...

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