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U.S. v. OSORIO

No. 1152, Docket 90-1665.

949 F.2d 38 (1991)

UNITED STATES of America, Appellee, v. Norberto OSORIO and Jesus A. Castro, Defendants, Jesus A. Castro, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 6, 1991.

Attorney(s) appearing for the Case

Lawrence M. Herrmann, New York City, for defendant-appellant.

Burton T. Ryan, Jr., Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty., David C. James, of counsel), Brooklyn, N.Y., for appellee.

Before MESKILL, PRATT, and WALKER, Circuit Judges.

WALKER, Circuit Judge:

Drug Enforcement Task Force agents made a warrantless nonconsensual entry into an apartment where appellant Castro was a guest and was sleeping. The agents searched the apartment and seized several items. The sole issue on this appeal is whether Castro's Fourth Amendment rights were violated by the search. We find that they were.

BACKGROUND

We first briefly summarize the relevant facts. On September 22, 1989, Castro entered...

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