Just to beat this issue completely to death: The version of Pereira that currently appears on Westlaw (United States v. Pereira, ___ F.3d ___, 2006 WL 2925642 (2d Cir. Oct. 13, 2006)), is the first version, in which the Court forgot its own decision in Mejia, rather than the later, corrected one. Anyone want to check LEXIS?
We assume that this will all get corrected soon enough. But the erstwhile confusion could have been avoided if the Court simply indicated that it has amended the original opinion, rather than do so without comment or remark (as if no one would notice ….).
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