No. 88-3942.

896 F.2d 900 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Mark A. VARCA and Anthony Joseph Varca, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 4, 1990.

Attorney(s) appearing for the Case

Guy Rasco, Michael S. Pasano, Miami, Fla., Zuckerman, Spaeder, Taylor & Evans, for defendants-appellants.

Patty Merkamp Stemler, Atty., Crim. Div., Appellate Section, Washington, D.C., John Volz, U.S. Atty., Harold J. Gilbert, Jr., Asst. U.S. Atty., New Orleans, La., Frank J. Marine, Washington, D.C., for plaintiff-appellee.

Before POLITZ, KING and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 4, 1990.

POLITZ, Circuit Judge:

Anthony J. Varca and his son Mark A. Varca, together with nine co-defendants, were indicted in September 1987 for conspiracy to import marihuana, attempted importation of marihuana, conspiracy to possess marihuana with intent to distribute, and possession of marihuana with intent to distribute. Their indictment was one of several arising out of an elaborate drug smuggling operation...

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