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U.S. v. ELTAYIB

Nos. 563, 564, 565, 566, 567 and 568, Dockets (94-1542(L)), 94-1543, 94-1546, 94-1547, 94-1674, 94-1676 and 95-1046.

88 F.3d 157 (1996)

UNITED STATES of America, Appellee, v. Abdel ELTAYIB, Jaime Enrique Monsalvo Padilla and Jorge Portocarrero Pena, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 8, 1996.

Attorney(s) appearing for the Case

Jonathan S. Sack, Assistant United States Attorney, Eastern District of New York, Brooklyn, New York (Zachary W. Carter, United States Attorney, and Peter S. Norling, Assistant United States Attorney, Brooklyn, NY, on the brief), for Appellee United States of America.

David Gordon, Gordon & Horwitz, New York City, for Defendant-Appellant Eltayib.

(David H. Weiss and Georgia J. Hinde, New York City, filed a brief for Defendant-Appellant Pena.)

(Lynne F. Stewart, New York City, filed a brief for Defendant-Appellant Padilla.)

Before: WINTER, JACOBS and PARKER, Circuit Judges.

JACOBS, Circuit Judge:

Through a tip, the government learned that a ship-to-ship transfer of a large cocaine shipment was going to take place 80 miles off the coast of New Jersey. The Coast Guard deployed high-tech aerial surveillance, but the technology failed and the two ships got away. The boat that received the cocaine (over 4700 kilograms of it) had the government's informant aboard, so that boat was easily found and detained later the same day. Two days later...

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