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U.S. v. MORAN VARGAS

Nos. 03-1383(L), 03-1535(CON).

376 F.3d 112 (2004)

UNITED STATES of America, Appellant, v. Andres Fernando MORAN VARGAS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 16, 2004.

Attorney(s) appearing for the Case

Sean Haran, Assistant United States Attorney, Brooklyn, N.Y. (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, and Peter A. Norling, Assistant United States Attorney, of counsel), for Appellant.

Michael D. Weil, Staff Attorney, New York, N.Y. (Barry D. Leiwant, Attorney-in-Charge, The Legal Aid Society, Federal Defender Division, Appeals Bureau, of counsel), for Defendant-Appellee.

Before WALKER, Chief Judge, and OAKES and KATZMANN, Circuit Judges.

OAKES, Senior Circuit Judge.

Andres Fernando Moran Vargas ("Moran") was arrested for heroin possession after Drug Enforcement Administration (DEA) agents found pellets of the drug in Moran's motel bathroom. Moran moved to suppress the narcotics evidence, arguing that the agents' search of the bathroom was illegal. The United States District Court for the Eastern District of New York, Sterling Johnson, Jr., J., granted the motion to suppress, finding that the...

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