UNITED STATES v. BORRERO-GONZALEZ

No. 85-5041.

793 F.2d 1252 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos BORRERO-GONZALEZ, Jesus Granja-Salazar, Jose Vallecilla-Meza, Alcides Parra-Castano, Henry Cortez-Perez, and Angel Calimeno-Gomez, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 18, 1986.


Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Linda Collins-Hertz, Andrea Simonton, Sonia O'Donnell, Asst. U.S. Attys., Miami, Fla., for U.S.

Theodore J. Sakowitz, Federal Public Defender, Miguel Caridad, Asst. Federal Public Defender, for Borrero-Gonz.

Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.


PER CURIAM:

The government appeals from the dismissal of a marijuana indictment. The only issue is whether the district court erred in concluding it lacked subject matter jurisdiction because the vessel was not apprehended in United States custom waters. This circuit has addressed this issue several times since the dismissal of this action. Our decisions indicate the district court applied incorrect law.

We therefore vacate and remand for further proceedings...

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