United States v. Michael A. Palazzo and Rudolfo Castro Viagran

CLARK, Circuit Judge:

Michael A. Palazzo and Rudolfo Castro Viagran were joined in a three-count indictment with Wayne Szpara. Count I charged all defendants with conspiring to possess 73.1 pounds of marijuana with intent to distribute it in violation of 21 U.S.C. § 841(a)(1). Count II charged Viagran alone and Count III charged Palazzo and Szpara jointly with possession of and intent to distribute marijuana. After the pre-trial motions to suppress the physical evidence and '-certain incriminating statements were denied, Palazzo and Viagran were found guilty by the trial judge on all counts.…