Rehearing Denied (Defendant's petition) December 5, 1995.
Rehearing Granted (United States' petition) December 5, 1995.
McKAY, Circuit Judge.
Mr. Robert Porco and Mr. Christopher Cusumano appeal their convictions for the manufacture of marijuana in violation of 21 U.S.C. § 841(a)(1). There is no doubt that Messrs. Porco and Cusumano in fact performed the acts alleged in the indictment: they do not deny that the police, searching pursuant to a...
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