United States v. Allen Eugene Hartley and John Joseph Murphy

JOHNSON, Circuit Judge:

Defendants Allen Eugene Hartley and John Joseph Murphy appeal from their convictions for illegally importing marijuana into the United States in violation of 21 U.S.C. §§ 952(a), 960. Defendants urge on appeal that all evidence seized by the Government following their arrest should have been excluded on the basis that the Government violated the Posse Comitatus Act, 18 U.S.C. § 1385. Finding no grounds which warrant exclusion of the evidence, we reject defendants’ arguments and affirm the judgment of the district court.

I. BACKGROUND

The Posse Comitatus Act provides:

Whoeve…