UNITED STATES V. MICHELENA-OROVIO
719 F.2d 738 (5th Cir. 1983)
NATURE OF THE CASE: This was an appeal from a conviction of conspiracy to import
marijuana.
FACTS: Undercover agents met with parties representing themselves as engaged in smuggling
marijuana from Columbia. The agents were hired to provide ships to meet at sea other ships
carrying marijuana and to transfer the cargo and then store it. When the smugglers informed
the agents that the mother ship had left Columbia, the Coast Guard was alerted. The vessel
was boarded and 363 bales of marijuana were found in the hold. D was found aboard the vessel
and charged with conspiracy to import and conspiracy to possess with intent to distribute
and was convicted on both counts. A panel of the court of appeals affirmed the first count
but held the evidence insufficient on the second. The court agreed to hear the case en banc.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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