The following excerpt is from Soto v. U.S., 185 F.3d 48 (2nd Cir. 1999):
Femia v. United States, 47 F.3d 519, 525 (2d Cir. 1995) (quotation marks and parallel citations omitted) (holding lack of actual prejudice supplies a fully adequate basis for the district court's sua sponte dismissal of a petition raising a Rule 32(c)(3)(D) violation).
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