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United States v. Michelena-Orovio

United States Court of Appeals for the Fifth Circuit
719 F.2d 738 (1983)

Written by Craig Conway, LLM

Facts

As part of a large undercover narcotics trafficking operation, federal agents arrested at sea Levino Michelena-Orovio (defendant), captain of a small shrimping vessel who was transporting 12 tons of marijuana from Columbia to the United States. The vessel did not have any fishing equipment aboard and no other cargo was stored in the ship’s hull, only the marijuana. The cargo hatch leading to the contraband was not locked or secured. Michelena-Orovio was charged with and convicted of conspiracy to import marijuana and conspiracy to possess with intent to distribute marijuana. Michelena-Orovio appealed.

Rule of Law

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Issue

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Holding and Reasoning (Randall, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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Dissent (Wisdom, J.)

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