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U.S. v. VOUSTIANIOUK

Docket No. 10-4420.

685 F.3d 206 (2012)

UNITED STATES of America, Appellee, v. Andrei VOUSTIANIOUK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 12, 2012.

Attorney(s) appearing for the Case

Kerry A. Lawrence (of counsel), Briccetti, Calhoun & Lawrence, LLP, White Plains, N.Y., for Defendant-Appellant Andrei Voustianiouk.

Janis M. Echenberg & Justin S. Weddle , Assistant United States Attorneys (of counsel), for Preet Bharara, United States Attorney for the Southern District of New York, for Appellee.

Before: McLAUGHLIN, POOLER, and PARKER, Circuit Judges.

POOLER, Circuit Judge:

Federal agents arrived at a small two-story building in New York City one morning in January 2009 with a warrant to search the first-floor apartment. The warrant did not mention the name of the person who lived there and only authorized them to search that single apartment. But on the morning of the search the agents discovered that the suspect they were investigating lived on the second floor, not the first. He also happened to be home. So...

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