United States v. Richard W. Emens

Superseding Indictment and Proceedings in the District Court:

Richard W. Emens, John L. Ribando, Charles Rodgers, George M. Challmun, III, David R. Lugo, Steven W. Smith, Marcia L. Browne, Dennis W. Latter, Phillip S. Mosk-ios, Frank J. Maybusher, Gary E. Smedley, and Kenneth R. Bennett (Appellees) were indicted under a superseding indictment for violations of 21 U.S.C. §§ 963 and 846 (conspiracy to import and possess marijuana); 21 U.S.C. § 841 (a)(1) (possession of marijuana with intent to distribute); and 21 U.S.C. § 952 (a) (importation of marijuana)!

The Appellees moved for an order suppressing evidence on the ground that the same was illegally seized. On March 29, 1976, following an evidentiary hearing, the District Court via a single minute order granted the motion to suppress and sua sponte dismissed the superseding indictment against all the Appellees, except defendant Lugo who was then a fugitive.

On April 6, 1976, the Government, well within appeal time, moved for a reconsideration of order of suppression and dismissal of the superseding indictment. The District Court considered the motion after taking additional evidence and, on April 19, 1976, denied the motion…