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U.S. v. CARRASCO

Nos. 06-1887, 06-1888.

540 F.3d 43 (2008)

UNITED STATES of America, Appellee, v. Otilio CARRASCO and Kelley Mala, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 28, 2008.

Attorney(s) appearing for the Case

Thomas R. Lincoln, for appellant Otilio Carrasco.

Anita Hill Adames, for appellant Kelly Mala.

Mariana E. Bauzá-Almonte, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Germán A. Rieckehoff, Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Otilio Carrasco and Kelley Mala1 were arrested after a search of Mala's 21-foot boat revealed 47 kilos of cocaine and 170 grams of heroin, more or less. They were convicted by a jury, and each now appeals on a variety of grounds. Finding error below, we vacate and remand.

I. Facts2

A. The Arrest

The two...

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