The following excerpt is from U.S. v. Franklyn, 157 F.3d 90 (2nd Cir. 1998):
514 U.S. at 558-59, 115 S.Ct. at 1629-30 (citations and internal quotation marks omitted) (emphasis added); see also Perez v. United States, 402 U.S. 146, 150, 91 S.Ct. 1357, 1359-60, 28 L.Ed.2d 686 (1971).
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