Piner

OPINION GRANTING MOTION TO SUPPRESS EVIDENCE AND DENYING MOTION FOR REHEARING

Defendants Salvatore Joseph Gallina and John Piner are charged in a four count indictment with importation of marijuana ( 21 U.S.C. § 952 (a)), conspiracy to import marijuana ( 21 U.S.C. § 963 ), possession of marijuana with intent to distribute ( 21 U.S.C. § 841 (a)(1)), and conspiracy to possess marijuana with intent to distribute ( 21 U.S.C. § 846 ). They have moved to suppress in excess of 2V4 tons of marijuana seized on the boat on which they were sailing. Defendant Gallina also moved to suppress a statement allegedly made during interrogation conducted after he had requested the assistance of counsel. By order dated March 16, 1978, this Court granted defendants’ motion to suppress the marijuana. The government has moved for rehearing.

In view of the vigor and earnestness with which the government has urged the Court to change its prior ruling, and the seeming complexity and far-reaching ramifications of the issue at hand, the Court has again reviewed and considered the relevant decisions and statutes and reflected on its decision at some length. For the reasons stated below, the Court has…