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U.S. v. ANDINO

Docket No. 09-4694-cr.

627 F.3d 41 (2010)

UNITED STATES of America, Appellee, v. Jose ANDINO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 3, 2010.

Attorney(s) appearing for the Case

Yuanchung Lee , Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant.

Jesse M. Furman , Assistant United States Attorney, for Preet Bharara, United States Attorney, Southern District of New York ( Randall W. Jackson , Assistant United States Attorney, on the brief), New York, NY, for Appellee.

Before: KEARSE, CALABRESI, WESLEY, Circuit Judges.

CALABRESI, Circuit Judge:

BACKGROUND

I. Investigation and Arrest

In June 2008, customs officials discovered cocaine in a package addressed to "Andino Jose" at "1474 Bryant, A2, Apt Basement, Bronx, NY 10460." The package was redirected to the New York City office of U.S. Immigration and Customs Enforcement, where agents prepared it for a controlled delivery to Andino, the Defendant-Appellant in this case. The agents opened...

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