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U.S. v. PREACELY

Docket No. 09-2580-cr.

628 F.3d 72 (2010)

UNITED STATES of America, Appellee, v. Jamar PREACELY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 21, 2010.

Attorney(s) appearing for the Case

Yuanchung Lee , Federal Defenders of New York, Inc., New York, NY, for Appellant.

Thomas M. Sullivan , Assistant United States Attorney, of counsel ( Susan Corkery , Assistant United States Attorneys, of counsel, on brief), for Benton J. Campbell, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.

Judge RAGGI dissents in a separate opinion.

J. CLIFFORD WALLACE, Circuit Judge:

I.

On October 8, 2003, law enforcement personnel conducted surveillance of Preacely's apartment, based on a tip that he was selling crack cocaine. Preacely and another man were seen leaving the apartment. Law enforcement officers attempted to question them and both fled. Preacely escaped, but the officers caught the other man and found he possessed crack cocaine. The other man told the officers that Preacely was selling...

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