ROSARIO v. U.S.

Docket Nos. 97-2747, 97-2848 and 97-2751.

164 F.3d 729 (1998)

Antonio ROSARIO; Jose Jeres; Antonio Ramirez, Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 18, 1998.


Attorney(s) appearing for the Case

Anthony R. Cueto, Pollack, Pollack, Isaac & DeCicco, New York, N.Y., for Petitioner-Appellant Antonio Rosario.

James Roth, New York, N.Y., for Petitioner-Appellant Jose Jeres.

Arza Rayches Feldman, Roslyn, N.Y., for Petitioner-Appellant Antonio Ramirez.

Alexandra A.E. Shapiro, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney for the Southern District of New York, Craig A. Stewart, Assistant United States Attorney, of counsel), for Respondent-Appellee.

Before: McLAUGHLIN, JACOBS, and SACK, Circuit Judges.


BACKGROUND

McLAUGHLIN, Circuit Judge:

In August 1992, agents of the United States Bureau of Alcohol, Tobacco, and Firearms ("ATF") learned that crack cocaine was being sold out of Apartment 4B at 54 West 174th Street in the Bronx, New York. The agents provided a confidential government informant ("CI") with pre-marked "buy money" to buy cocaine. The CI entered Apartment 4B and returned five minutes later with a small quantity of crack cocaine.

Three...

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