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A fishing trawler was disabled sixty miles off the coast of Virginia, and the Coast Guard was called to assist. D and several others were rescued from the sinking craft, but before the ship actually sank, an officer from the Coast Guard discovered a large quantity of marijuana on board. Even though the trawler did sink over 240 bales of marijuana were salvaged. The material was seized, tested and put in storage. D was convicted and appealed; the government failed to establish a chain of custody.

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