The following excerpt is from U.S. v. Jackson, 59 F.3d 1421 (2nd Cir. 1995):
This court has explicitly rejected this view. In United States v. Palacio, 4 F.3d 150 (2d Cir.1993), cert. denied, --- U.S. ----, 114 S.Ct. 1194, 127 L.Ed.2d 543 (1994), we held that:
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