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U.S. v. LOZANO

Nos. 06-11136, 06-11137.

490 F.3d 1317 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Herman Alberto LOZANO, a.k.a. Alberto Cubillos, a.k.a. Cubillos A. Hermann, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Xavier Dario Lozano, a.k.a. Javer Lozano, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 9, 2007.

Attorney(s) appearing for the Case

Ira N. Loewy, Bierman, Shohat & Loewy, Miami, FL, for Defendants-Appellants.

Kathleen M. Salyer, Anne R. Schultz, Asst. U.S. Atty., Dawn Bowen, Miami, FL, for U.S.

Before CARNES and WILSON, Circuit Judges, and STAGG, District Judge.

STAGG, District Judge:

I. FACTUAL AND PROCEDURAL BACKGROUND

Suplimet Corporation was a Miami-based company acting as a wholesale distributor of cell phone parts and accessories. In January of 2003, police received information that Suplimet was selling counterfeit items, and on that basis, conducted a controlled purchase of counterfeit cell phone parts. Following the purchase, the authorities requested permission to search Suplimet's warehouse. Xavier Lozano...

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