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UNITED STATES v. HARTLEY

No. 86-4061.

796 F.2d 112 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Allen Eugene HARTLEY and John Joseph Murphy, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 7, 1986.

Attorney(s) appearing for the Case

Douglas Gelo, El Paso, Tex., for defendants-appellants.

Joseph S. Cage, Jr., U.S. Atty., D.H. Perkins, Jr., Sonia D. Peters, Asst. U.S. Attys., Shreveport, La., for plaintiff-appellee.

Before WISDOM, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

JOHNSON, Circuit Judge:

Defendants Allen Eugene Hartley and John Joseph Murphy appeal from their convictions for illegally importing marijuana into the United States in violation of 21 U.S.C. §§ 952(a), 960. Defendants urge on appeal that all evidence seized by the Government following their arrest should have been excluded on the basis that the Government violated the Posse Comitatus Act, 18 U.S.C. § 1385...

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