United States Third Circuit

Defendant's conviction and sentence for aiding and abetting, and conspiracy to possess with intent to distribute five kilograms or more of cocaine, while on a vessel subject to United States jurisdiction, are affirmed, where: 1) both the seizure of defendant and the search of the ship were supported by reasonable suspicion; 2) once the canine alerted to the presence of narcotics on the vessel, probable cause existed to arrest Benoit; 3) defendant's argument regarding a possible violation of the Mutual Legal Assistance Treaty (MLAT) by Grenada fails; 4) the evidence was sufficient to establish that the substance seized from the ship was cocaine, and that defendant knew and agreed to participate in a specific legal objective; and 5) since the prosecutor's comment was harmless, the district court did not abuse its discretion in denying defendant's motion for mistrial.

Appellate Information

• Decided 09/19/2013
• Published 09/19/2013

Judges

• SCIRICA

Court

• United States Third Circuit

Counsel