Fixed!

The 11th Circuit reissued Thompson v. United States today, clearing up the name mess that I discussed here and here. It inserted the other DM's middle name Scott. And the Court even dropped a footnote: "This opinion is not referring to attorney David Oscar Markus, who was not involved in the case."

What a relief.

Added: For the record, I think David Scott Markus is a good guy and a good lawyer, and I am sorry the name confusion has brought unwarranted attention to this opinion.

OSCAR

Thanks for the suggestions in the comments on what to do about the name issue. So far, I've written a letter to the Clerk of the 11th Circuit and Judge Barkett, who authored the opinion, asking them to insert his middle name. We'll see if it works.

The story has hit the blogosphere, which I think may be a good thing. Check out Orin Kerr at Volokh, Adam Levin at Southern Criminal Law and Justice, and Rumpole, all discussing "David Markus".

UPDATE -- the problem has been fixed.