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U.S. v. REYES

No. 03-1119.

353 F.3d 148 (2003)

UNITED STATES of America, Appellant-Cross-Appellee, v. Ramon REYES, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 19, 2003.

Attorney(s) appearing for the Case

Alexander H. Southwell, Assistant United States Attorney (Andrew J. Ceresney, Gary Stein, Assistant United States Attorneys, on the brief), for James B. Comey, United States Attorney for the Southern District of New York, New York, NY, for Appellant.

Joseph A. Grob, Of Counsel, Moskowitz & Book, LLP, New York, NY, for Defendant-Appellee.

Before: McLAUGHLIN, KATZMANN, Circuit Judges, and SCHEINDLIN, District Court Judge.

McLAUGHLIN, Circuit Judge.

A confidential informant ("CI") advised the New York City Police Department ("NYPD") that defendant Ramon Reyes regularly sold narcotics and carried a firearm. Cooperating with the NYPD, the CI arranged to purchase heroin from Reyes in a "buy-and-bust" operation.

As previously agreed, Reyes met the CI and an undercover officer, posing as the "money guy," at a bodega in the Bronx. The CI saw that Reyes was carrying narcotics; but...

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