Monday, October 16, 2006

Circuit Silently Changes Decision

United States v. Pereira, Docket No. 05-5969-cr (2d Cir. Oct. 13, 2006): Sometime this morning, the Circuit altered its original opinion in this case, which as this Blog pointed out (see entry below) somehow forgot about its own decision in Mejia. The opinion now simply rejects Pereira's fast-track disparity argument with a one-sentence cite to Mejia. New Op. 14.

Although this seems a rather substantive alteration, nowhere is there an indication that the original opinion has been amended or modified in any way. Nor did the Circuit change the date of the opinion (still October 13, 2006), even though this new opinion was issued today.

Does this seem like shoddy practice to anyone else? It certainly makes one wonder how often this kind of silent amendment goes on.


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