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U.S. v. POTES

Nos. 87-1591, 87-1643 and 87-1645 to 87-1648.

880 F.2d 1475 (1989)

UNITED STATES of America, Appellee, v. Parmenio POTES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Wilfrido MATHIEU-PALENCIA, Defendant, Appellant. UNITED STATES of America, Appellee, v. Luis Alberto MORENO-MENA, Defendant, Appellant. UNITED STATES of America, Appellee, v. Fernando Francisco FLORES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Ferdi Olaya BRYAN-TAYLOR, Defendant, Appellant. UNITED STATES of America, Appellee, v. Antonio A. ARCHBOLD-HAWKINS, Defendant, Appellant. UNITED STATES of America, Appellee, v. Orlando Emilio SANDOVAL-MARTINEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

As Amended August 22, 1989.

Attorney(s) appearing for the Case

Jeffrey M. Williams, Santurce, P.R., by Appointment of the Court, with whom Angel Montanez, Patillas, P.R., by Appointment of the Court, was on briefs for defendants, appellants Ferdi Olaya Bryan-Taylor, Orlando Emilio Sandoval-Martinez.

Peter John Porrata for Wilfrido Mathieu-Palencia.

Robert J. Sicilia, by Appointment of the Court, for defendant, appellant Parmenio Potes.

Jose A. Fuentes Agostini, by Appointment of the Court, with whom Law Offices of Jose A. Fuentes Agostini, San Juan, P.R., and Frank Catala Morales, Bayamon, P.R., were on briefs for defendants, appellants Luis Alberto Moreno-Mena and Fernando Francisco Flores.

Rafael Gonzalez Velez, by Appointment of the Court, with whom Rafael Gonzalez Velez Law Offices was on brief for defendant, appellant Antonio Archbold-Hawkins.

Luis A. Plaza, Asst. U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., was on brief, for U.S.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

On November 14, 1986, U.S. Coast Guard officers boarded the fishing vessel Rose-Marie 10 in international waters off the coast of Colombia and found it to be carrying a large quantity of marijuana. Appellants were members of the Rose-Marie 10's crew. They were indicted on two counts: possessing with intent to distribute a controlled substance while on board a vessel subject to the jurisdiction of the United States, in...

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