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U.S. v. CAZARES-OLIVAS

Nos. 07-2080, 07-2081.

515 F.3d 726 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco CAZARES-OLIVAS and Israel Aguilera, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 2008.

Attorney(s) appearing for the Case

Timothy M. O'Shea (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Jonas Bednarek, Michael Lieberman (argued), Federal Defender Services, Madison, WI, for Defendants-Appellants.

Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

EASTERBROOK, Chief Judge.

After they arrested Francisco Cazares-Olivas and Israel Aguilera for drug offenses, federal agents sought a warrant to search the house where, the agents believed, Cazares-Olivas and Aguilera kept their inventory. It was after 11 pm, and the agents feared that if they waited until morning someone else might beat them to the stash. One agent and an Assistant United States Attorney called a federal magistrate judge at 11;37 pm. During a recorded...

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