United States v. Gerald Randall Whitaker and Edward Joseph Fitzpatrick

GEE, Circuit Judge:

Appellants Gerald Whitaker and Edward Fitzpatrick appeal their convictions of marijuana importation and possession with intent to distribute.1 Each complains about the stop and warrantless search of their vessel and a reference at trial to their silence after arrest and receipt of Miranda warnings. Fitzpatrick additionally urges that a co-defendant’s out-of-court declara*828tion was impermissibly used against him and that there is insufficient evidence to sustain his importation conviction. Rejecting the former contentions and finding it unnecessary to reach the latter, we…