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U.S. v. CARIBALLO-TAMAYO

No. 87-5995.

865 F.2d 1179 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Luis CARIBALLO-TAMAYO, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied March 27, 1989.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Michael J. Mitchell, Asst. U.S. Atty., Miami, Fla., Sidney M. Glazer, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Theodore J. Sakowitz, Federal Public Defender, Dave Lee Brannon, Asst. Federal Public Defender, Miami, Fla., for defendant-appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and HOFFMAN, Senior District Judge.

Rehearing and Rehearing In Banc Denied March 27, 1989.

KRAVITCH, Circuit Judge:

The power of the Customs Service to board and search vessels outside the customs waters is the focus of this appeal. The indictment charged appellee with possession of more than five kilograms of cocaine with intent to distribute, a violation of 46 U.S.C.App. § 1903(a).1 After an evidentiary hearing the district court dismissed the indictment,...

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