(Download) "United States v. Castro" by Fifth Circuit United States Court Of Appeals " Book PDF Kindle ePub Free

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Title: United States v. Castro
Author : Fifth Circuit United States Court Of Appeals
Release Date : January 06, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

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Appellants Celio Castro, Ralph Alfonso and Albert Greene, Jr. were jointly indicted for conspiracy to possess marijuana with intent to distribute and for possession thereof with intent to distribute, violations of 21 U.S.C. Â§Â§ 841(a) (1) and 846. Greene failed to appear for trial at the appointed hour and was later tried separately; all were convicted and now appeal. All urge that the customs' search of the shrimper on which they were arrested was unconstitutional. Castro and Alfonso additionally complain of the admission of an out-of-court statement by Greene, about the admission of a list found in Castro's wallet after arrest, and about the jury charge concerning the voluntariness of Castro's confession. Finding no merit in their various arguments, we affirm. Around 8:00 a. m. on December 29, 1977, officers of the U. S. Customs Service stationed at Panama City, Florida, received word from a Florida Marine Patrol officer that an unknown shrimp boat captain had reported observing a shrimp boat named TINILA five to six miles from St. George Island, an offshore island running roughly parallel to the Florida panhandle near Apalachicola. The area is a known scene of contraband smuggling. The captain had seen high speed boats going to and from the TINILA, which he described as a 65 to 70 foot shrimp boat, white with blue trim, with the home port of ""Key West, Florida,"" painted on the stern. Though a customs officer testified that he understood the report as meaning that the vessel was south of the island and therefore in international waters in the Gulf of Mexico, it is apparently admitted that the vessel might have been to either side of, or even north of, the island and thus possibly in intracoastal or other national waters when it was observed by the shrimper.