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UNITED STATES v. KELLY

Nos. 83-8261, 83-8267.

749 F.2d 1541 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. John Albert KELLY, D.J. Dorn, and Miguel Falcon, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Evasio GARCIA, George Garcia, and Jon Taute, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 10, 1985.

Attorney(s) appearing for the Case

Amanda Maxwell, South Miami, Fla., for J.J. Dorn.

Richard Hersch (court-appointed), South Miami, Fla., for Falcon.

Dennis W. Hartley, Colorado Springs, Colo., for Kelly and D.J. Dorn.

Frank A. Rubino, Coconut Grove, Fla., for George Garcia.

Highsmith & Strauss, Ronald I. Strauss, Phillip Glatzer, Coconut Grove, Fla., for Evasio Garcia and Taute.

Joseph D. Newman, Asst. U.S. Atty., Savannah, Ga., Sara Criscitelli, U.S. Dept. of Justice, Washington, D.C., for the U.S. in both cases.

Frances J. Martin, Washington, D.C., for the U.S. in No. 83-8267.

Margaret Miller, Washington, D.C., for the U.S. in No. 83-8261.

Before HENDERSON and HATCHETT, Circuit Judges, and NICHOLS, Senior Circuit Judge.

HATCHETT, Circuit Judge:

This appeal reviews the appellants' convictions for conspiracy to possess, import, and distribute marijuana, as well as convictions for possession and importation of marijuana. We reverse the conviction of one appellant; the convictions of the other appellants are affirmed.

I.

At 2 a.m. on November 23, 1982, a "concerned citizen" telephoned Officer Dwayne Swygert, a supervisor with the United States Customs Patrol in Savannah...

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