United States v. Johnnie William Ivey and Joseph Taglione

CLARK, Circuit Judge:

Johnnie William Ivey and Joseph Taglione, along with a nonappealing codefendant, were each convicted by a jury on one count of importation and possession of marijuana with intent to distribute. On this appeal Ivey raises two issues: that the district court erred in denying his motion to suppress the marijuana found in a search of the aircraft involved, and that the assistant United States attorney engaged in prohibited conduct when he alluded in final argument to failure by the defense to call a witness. Taglione raises the same failure-to-suppress issue and,…