The following excerpt is from U.S. v. Thomas, 320 F.3d 315 (2nd Cir. 2003):
United States v. Thomas ("Supplemental Findings"), 98 CR 860(ERK), at 1-2 (E.D.N.Y. Oct. 3, 2002). The resulting findings, however, reflect a reliance on the transcript that is not substantially informed by any refreshed recollection, and consist in the main of findings that we held to be insufficient in Thomas I:
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