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U.S. v. BECERRA

No. 43, Docket 95-1700.

97 F.3d 669 (1996)

UNITED STATES of America, Appellee, v. Hector BECERRA; Oscar Fabio Moreno, Defendants, Olga Moreno, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 8, 1996.

Attorney(s) appearing for the Case

John J. Rice, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Marian W. Payson, Asst. U.S. Atty., New York City, on the brief), for Appellee.

Frederick H. Cohn, New York City, for Defendant-Appellant.

Before: NEWMAN, Chief Judge, OAKES, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

I. BACKGROUND

This appeal primarily concerns the validity of the execution of an anticipatory search warrant. In February 1994, customs agents intercepted a package containing 740 grams of cocaine sent from Cali, Colombia to 1055 Walton Avenue, Apartment 6C, Bronx, New York, and addressed to Olga Moreno.1 In order to secure an arrest, the agents decided to attempt a controlled delivery of a substitute...

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