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UNITED STATES v. PIERCE

Nos. 79-1086, 79-1087.

593 F.2d 415 (1979)

UNITED STATES of America, Appellee, v. James D. PIERCE and Patrick A. Lanning, Defendants, Appellants. UNITED STATES of America, Appellee, v. Carlos A. GUERRERO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Donald L. Ferguson and Harold F. Keefe, Asst. U. S. Atty., Miami, Fla., for defendants, appellants Pierce and Lanning.

Roxana Marchosky, Boston, Mass., by appointment of the Court, for defendant, appellant Guerrero.

Walter B. Prince, Asst. U. S. Atty., Boston, Mass. with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before ALDRICH, Senior Circuit Judge, CAMPBELL and BOWNES, Circuit Judges.

ALDRICH, Senior Circuit Judge.

As the result of the Coast Guard's finding 34 tons of marijuana in the hold of a vessel boarded 55 miles off the Massachusetts coast, defendants were indicted for conspiracy to import a controlled substance. An anticipated defense was severely punctured by documents found in an allegedly locked valise which the Coast Guard had opened without a warrant. After the jury was impaneled it was sent...

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