U.S. v. VELARDE-GAVARRETE

No. 91-50836.

975 F.2d 672 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Horacio VELARDE-GAVARRETE; Bolivar Wilson Guerrero-Mosqueda, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1992.


Attorney(s) appearing for the Case

David P. Curnow, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellant.

Frank J. Ragen, II, San Diego, Cal., Steven J. Riggs, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendants-appellees.

Before: FARRIS, WIGGINS, and FERNANDEZ, Circuit Judges.


FARRIS, Circuit Judge:

The United States appeals the district court's order dismissing the indictment against Horacio Velarde-Gavarrete and Bolivar Wilson Guerrero-Mosqueda. We reverse.

I

At approximately 7:30 a.m. on September 11, 1990, the USS Arkansas, acting on classified information, encountered the M/V Nordcapp, a Honduran-flag freighter. The Nordcapp was dead in the water near the Clipperton Islands, approximately 1400 miles west of Costa...

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