United States v. Oscar Castro, Charles David Fraga, Peter Diaz, and Thomas Acosta

Defendants-appellees Acosta, Castro, Diaz and Fraga were charged with conspiracy to possess and possession with intent to distribute approximately 46,000 pounds of marijuana in violation of 21 U.S.C. §§ 846 and 841(a)(1) (1970) and 18 U.S.C. § 2 (1951). The district court held an evidentiary hearing on defendants’ motion to suppress certain statements and evidence. It also heard testimony on the admissibility of coconspirators’ hearsay statements pursuant to United States v. James, 590 F.2d 575 (5th Cir.), cert. denied, 442 U.S. 917, 99 S.Ct. 2836, 61 L.Ed.2d 283 (1979). The trial court…