UNITED STATES v. SANTA-LARA

No. 84-5957 Non-Argument Calendar.

783 F.2d 989 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Eduardo SANTA-LARA, Alfonso Castano-Millan, Felix De Avila-Mendoza, Yamil Gomez-Blanquicet, Luis Gomez-Salgado, Domingo Guerreo-Pitalua, Maximo Jaraba-Caicedo, Adelmo Majorda-Burbano, Hernan Palomino, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 3, 1986.


Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Ronald Shur, Linda Collins Hertz, Sonia Escobio O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Luis Fernandez, Miami, Fla., for defendants-appellees.

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


PER CURIAM:

The sole issue in this Government appeal from the dismissal of a marijuana indictment is whether the district court correctly held that it lacked subject matter jurisdiction because the marijuana-laden vessel was not within the customs waters of the United States when it was seized.

Two recently decided cases in this Circuit, not available to the district court, indicate that the district court applied incorrect law in dismissing the indictment...

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