United States v. Pereira

United States Court of Appeals For the First Circuit No. 01-1303 UNITED STATES OF AMERICA, Plaintiff, Appellant, v. JULIO A. PEREIRA, Defendant, Appellee. ERRATA SHEET The opinion of this Court issued on December 3, 2001, is amended as follows: On page 10, lines 11 - 15: Delete the last two sentences of this paragraph, beginning with "At the very least . . ." and ending with ". . . speak of this requirement." On page 11, footnote 3: Change the first sentence of the footnote, substituting "importance of irreplaceability to the determination of extraordinariness" for "irreplaceability requirement." On page 12, line 15: Add "or otherwise extraordinary" to the end of the sentence to read "to characterize Pereira's care as irreplaceable or otherwise extraordinary." On page 13, lines 24 - 26 and page 14, lines 1 - 3: Delete the first two sentences of the conclusion. On page 14, line 4: Conclusion should read, "Because Pereira's circumstances are not so compelling as to remove him from the Guidelines' "heartland," we conclude that the district court abused its discretion in granting Pereira a downward departure. We reverse and remand this case for action consistent with this opinion."