UNITED STATES V. HOWARD-ARIAS
679 F.2d 363 (4th Cir. 1982)
NATURE OF THE CASE: Howard (D) challenged an order, which convicted him of possession of
marijuana on the high seas with intent to distribute and possession with intent to import in
violation of 21 U.S.C.S. 955a(a) and 955a(d).
FACTS: A fishing trawler was disabled sixty miles off the coast of Virginia and the Coast
Guard was called to assist. D and several others were rescued from the sinking craft but
before the ship actually sank, an officer from the Coast Guard discovered a large quantity
of marijuana on board. Even though the trawler did sink over 240 bales of marijuana were
salvaged. The material was seized, tested and put in storage. D was convicted and appealed;
the government failed to establish a chain of custody.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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