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Ethiopia Coronavirus: 11 more cases reported, total 317
Ethiopia has tested 4,224 Coronaviurs suspects over the past twenty-four hours. 11 people have tested positive for the virus.
Ethipoia’s coronavirus case data for May 17. Infograhic : MoHborkenaMay 17, 2020
Ethiopia has tested 4,224 Coronaviurs suspects over the past twenty-four hours and eleven people have tested positive for the virus.
Coupled with the latest confirmed cases, the total confirmed case has now reached 31(including active and inactive cases). Currently, there are 197 Coronaviurs patients in the designated treatment centers but no patient is reported to be in the Intensive Care Unit (ICU).
The number of registered recoveries is 113 and five patients have lost the battle to the virus.
Seven of the new cases have a recent travel history and were in designated quarantine centers, according to a report by the Ministry of Health. Three patients did not have a travel history but did have contact with infected persons. And one patient did not have either a travel history or contact with infected persons.
In terms of the geographical distribution of the newly confirmed cases, six of them are from Jijiga (Somali region of Ethiopia), four from Addis Ababa, and one from the Amhara region of Ethiopia (Ataye town).
Those confirmed in the Somali region were in the designated quarantine center in Jijiga. The region has been affected by an illegal entry from Somalia, among other issues, and the Ethiopian government announced last week that it is opening new border checkpoints in the region.
A double-digit rate of increase in Coronavirus infection has been registered for the most part of the week.
Ethiopia has tested about 57, 254 suspected so far. Based on information from the Ministry of Health, Ethiopia can now test well over four thousand suspected cases of Coronavirus across the country.
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Some Q-C missing remain unfound
Sep 28, 2018 Updated Feb 18, 2020
People disappear under various circumstances. Toddlers may simply wander away when a caregiver is distracted, or they might be snatched by a parent in a custody dispute.
Teens may argue with their parents and/or want to be independent.
Adults may want to escape bills, the law, or their spouse.
And there are those who have no apparent reason to vanish.
Here are 11 cases of missing persons that made headlines in the Quad-Cities in the past 35 years.
Dale Strassburger, 34, LeClaire, last seen about 12:15 a.m. on July 28, 1982, when he left the Rock Island Arsenal, where he worked as a machinist.
Dale Strassburger
His 1976 Oldsmobile was found 29 minutes later, abandoned in the eastbound lane on the Interstate 80 bridge. This location was about 15 miles from the route he normally would have taken from work to the Davenport home where he lived with his parents.
Extensive searches of the river and the surrounding area turned up no sign of Strassburger.
Three years after he went missing, a witness in a court proceeding in another state claimed to know about a homicide connected to Strassburger’s case, according to the website iowacoldcases.org. Authorities described the information as “extremely credible” and said the witness knew information about Strassburger’s disappearance that had never been publicly released.
Investigators believe Strassburger was the victim of a homicide but have never been able to prove it, because Strassburger’s body has never been recovered, and they were never able to verify the witness's account, according to the cold case website.
Joyce Klindt, 34, of Davenport, reported missing March 17, 1983, by friends concerned about her safety. A day previously, she gave to them for safe keeping a secret tape recording she made of a heated argument with her husband, Jim, who had filed for divorce.
Joyce Klindt
The report of her disappearance was the opening chapter of one of the most sensational murder sagas in Quad-City history.
On April 16, 1983, a fisherman found a woman's torso in the Mississippi River in Bettendorf. It had been cut with a chain saw.
Genetic markers, the precursor to DNA evidence, confirmed that the torso was Joyce Klindt's. The introduction of that evidence at her trial was groundbreaking.
Klindt's first trial in Keokuk, Iowa, ended in a hung jury. The second held in Sioux City, Iowa, found him guilty of second-degree murder. He served a 20-year sentence and, upon his release in 2004, returned to Davenport, where he died in 2010.
Bambi Lynn Dick, 17, of Davenport, never returned home from a Quiet Riot concert on Sept. 28, 1983, at the Col Ballroom, Davenport.
Bambi Lynn Dick
In 2009, law enforcement officials in Amarillo, Texas, contacted police in Davenport and, some days later, a DNA test confirmed that Bambi Lynn Dick was the name of the young woman who had been found outside of Amarillo in 1983 and who the community had buried as Jane Doe.
The body of the Davenport West High School senior had been found by a biker 10 days after the concert, stuffed in a culvert. She had been strangled with a rope from behind. She was not sexually assaulted and did not have any drugs or alcohol in her system.
The connection in the case was made when Dick's brother posted a description of her on the North American Missing Persons Network in February 2009, and a woman called the Amarillo Special Crimes Unit with a possible match she saw on a blog on The Doe Network's Web site.
No one has ever been charged in the teen's death.
Terri Willits, 30, of Davenport, reported missing in May 1989 in one of the area's most unusual cases.
Terri Willits
A Davenport lawyer, Willits was reported missing by her husband after he discovered her car in the parking lot of the Kahl Building, 3rd and Ripley streets. Scattered outside her car were legal papers she needed for a court appearance the next day.
About a month later, after investigators had looked into almost all leads as to her whereabouts and family members had posted a $20,000 reward for information, Willits was found in Las Vegas. She reportedly had approached a pastor for help.
She said she was attacked in the Kahl parking lot and must have had amnesia. She said she didn't know when or how she got to Nevada.
Jerry Wolking Sr., 52, of Moline, went missing on Oct. 18, 1990. He last was seen leaving the the Rock Island home of his girlfriend around 10:45 p.m., headed to his home in Moline.
Jerry Wolking
Although his body never was found, police and family said in 2014 that they believe Wolking was killed. They also said they know who killed him, but do not have sufficient evidence to prove it.
Evidence gathered in 1990 showed that Wolking made it back to his residence, was likely involved in an argument, then struck by his own vehicle.
On Oct. 21, 1990, his blood-stained Chevrolet Suburban was discovered in long-term parking at the Quad-City International Airport. During a cold case review in 2013, with the assistance of the University of North Texas, the blood stains were identified as belonging to Wolking.
Also in 2013, new witnesses came forward to say they saw a vehicle like the Suburban stuck in the mud in the early morning of Oct. 19 in a wooded area east of the Green Valley softball complex. Forensic testing comparing the dirt from that area and the dirt from the Suburban showed them to be geologically similar.
The area was searched, but nothing significant to the case was discovered.
Steven Asplund, 32, of Moline, last was seen Jan. 9, 1994, leaving his best friend's house in Moline. His car was found eight hours later near the Mississippi River in Bettendorf.
Steven Asplund
The last significant tip came in August of 1994 when Asplund's insurance card was found on a footbridge at Loud Thunder Forest Preserve. However, a massive search party turned up no other clues in the wooded area near Andalusia.
Asplund was engaged to be married within three months of his disappearance.
Trudy Appleby, 11, of Moline, last seen Aug. 21, 1996, leaving her home and getting into a silver or gray SUV with an unknown man in his late 20s. He was white with curly brown hair.
Trudy Appleby
Appleby's family and Moline police believe there are people in the Quad-Cities who know what happened to her, and this summer they stepped up pressure to try to get that person or persons to talk. Police erected two billboards in East Moline and posted a challenge on the police department's Facebook page.
The billboards in East Moline have a photo of Appleby and the words: "You know something, it's time to say something."
The Facebook post states: "For the last 8,014 days you have been lucky, but you will need to continue to be lucky everyday for the rest of your lives. We only need to be lucky one day, is today that day?"
Family has focused on David L. Whipple, the son-in-law of the man named as a person of interest in Appleby's disappearance: William "Ed" Smith, who died in December 2014 at the age of 72.
Benjamin Roseland, 19, of Clinton, last was seen leaving a friend's apartment about 10:30 p.m. Feb. 9, 2008, to walk a few blocks to a Hy-Vee for a snack.
Ben Roseland, 19, of Clinton, Iowa, missing since Feb. 9, 2008.
He never made it to the store and has not been seen since.
Roseland lived at home and attended Clinton Community College. He did not own a car, did not take any personal belongings with him and left money in his bank account. There was no activity on his cellphone or bank account after his disappearance.
Michael James Delaney, 49, last was seen July 3, 2008. His disappearance was regarded suspicious, because he lived with his 17-year-old daughter with whom he spoke several times a day.
Michael Delaney
Also missing was Delaney's white extended-cab Chevy Silverado Z-71 truck. Delaney had purchased the truck around the time of his disappearance, but he had not registered it. Because of his driving history, he could not legally do so, police said.
Authorities asked anyone who had sold such a truck to contact them.
Several weeks later, Davenport police said they were seeking a “person of interest” in Delaney’s case. Mark Edward Handlon, 53, was wanted on warrants by both the Bettendorf and Moline police departments, and police suspected him of taking a white Chevrolet Silverado pickup truck from a Bettendorf car dealership in June 2008 and not returning it, according to the website iowacoldcases.org. He also allegedly stole money from a Moline restaurant.
Handlon was taken into custody during September 2008 and charged with burglary. He served time in prison and was discharged in 2014. He later failed to report to his parole officer and his current offender status is listed as “absconder,” according to the cold cases website.
Carrie Olson, 29, of Davenport, reported missing Dec. 30, 2013, after she did not show up for work. Her body was found on April 5, 2014, in a snowy wooded area outside of Hastings, Minnesota.
Carrie Olson
Ex-boyfriend Timothy J. McVay was found guilty of first-degree murder and concealment of a homicidal death in July 2015 and sentenced to 45 years in prison. Although an exact cause of death has never been determined, prosecutors suggested during a lengthy bench trial that Olson was suffocated.
Olson's dad was instrumental in helping to solve the case. His pressure for answers from McVay compelled McVay to lie, and this deception helped convince the judge that he was guilty, according to Quad-City Times archives.
Olson's dad also cold-called hotels in Las Vegas, pinning down where McVay went after dumping Olson's body. And it is possible that without his timely intervention, pertinent surveillance video from two businesses might have been erased.
David Allen McAllister, 22, of Bettendorf, was last seen by his mother on May 10, 2017. She reported him missing May 26, 2017.
David Allen McAllister
Police say he was possibly last seen in the area of Vander Veer Botanical Park, Junge Park or 35th Street at Harrison Street in Davenport.
Jerry Wolking Sr.
Quad-city International Airport
Davenport West High School
Timothy J. Mcvay
Moline Police
William "ed" Smith
Terry Willits
Special Crimes Unit
Clinton Comunity College
Kahl Building
Col Ballroom
Massive Search Party
Benjamin Roseland
The Facebook Post
Green Valley Softball Complex
Michael James Delaney
Mark Edward Handlon
Rick's Six: Milder temps, street evangelist, Zeke's expands, and where is Trudy?
A good Thursday to all. Today will feel a little more comfortable thanks to milder temperatures and lower humidity. Here are the weather detai…
Big Story: The mystery of going missing
When searchers still were looking for University of Iowa student Mollie Tibbetts this summer, the case compelled many questions.
Barb Ickes
When a loved one is missing, 'Money talks'
Desperate parents will do anything. And some have.
Harker repays Q-C with Missing Persons Network
When his son vanished five years ago, Dennis Harker wasn't sure what to do.
News - Local and National
Disappearing 'underground" - trafficking plays a part
Retired Iowa Sen. Maggie Tinsman has no doubt that some missing young people are under the control of traffickers.
dthompson-at-qctimes-dot-com
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Regional Summit featured in Center for Social Development News
The HomeGrown STL Inaugural Summit, February 9 at the Brown School, drew about 120 people committed to improving the lives of black boys and young men in St. Louis City and County.
“Equity and economics are different sides of the same coin,” said Joe Reagan, president and CEO of the St. Louis Regional Chamber, in welcoming remarks at Examining the State of Opportunity for Black Boys and Young Men in St. Louis City and St. Louis County. “We can’t afford to leave anyone behind.”
Sean Joe, PhD, who leads the HomeGrown STL initiative and organized the summit, laid out the barriers facing young black males and their consequences: higher mortality rates, higher unemployment, and lifelong lower wages. He emphasized the economic and moral benefits of improving the well-being of black men, stressing the importance of a strong community effort, during the segment “Arrested State of Black Male Development in St. Louis: An Opportunity for Regional Action.”
“We will be able to do something as a region that no other region has been able to do, and that’s to close the economic disparity gaps between one segment of the population and another. How powerful would that be?” said Joe, the Benjamin E. Youngdahl Professor of Social Development at the Brown School.
“We’re talking about changing the experiences of 60,000 individuals,” he said.
Evidence, collaboration
HomeGrown STL, based at the Brown School’s Center for Social Development, is a group of researchers, providers, funders and advocates working to strengthen and support the health and development of black boys and young men in the St. Louis area. Focusing on data-driven evidence and community collaboration, participants seek to boost the ability of black boys and men ages 12 to 29 to attain a better quality of life than their parents over the next decade.
A collaborating network of resources and support was a theme throughout the day. The panel “Black Boys and Young Men Speak Out” featured a high school junior at Hazelwood East, a history teacher at St. Louis University High, a young father with college aspirations and a college graduate who works with LGBTQ young people of color. They discussed their experiences with organizations in the HomeGrown STL network and what they had gained: positive role models, leadership opportunities, problem-solving skills, and educational aspirations and tools to achieve them.
When asked what they feared most, each named failing and disappointing others. “It’s not by chance we all fear failure,” said Darius Rucker, 25, representing the nonprofit Williams and Associates Inc. Black boys are too often expected to assume the responsibilities of men without receiving the time and support for the transition, he said. The panelists also stressed the deficit in opportunities for black males in St. Louis and the positive impact that more educational, professional and leadership opportunities could have.
Another panel, “Collective Impact Strategies for the Development of Black Males,” focused on ways to improve social mobility and quality of life. Key factors include improving accumulation of assets, attaining education, and having access to health care, said Michelle Witthaus, program manager for the For the Sake of All project at Washington University in St. Louis. Panelists also emphasized the importance of mentorship and leadership opportunities, and positive relationships. They encouraged focusing on collaborative solutions, becoming less competitive about funding and other resources, and remembering why they are doing the work.
“When we work together across institutions, across sectors, with a focus on what’s best for our kids, we can be much more successful than we can if we’re working by ourselves,” said panelist Katie Kaufman, project director at Ready by 21.
In “Data Driven Solutions: Tools for Change,” Joshua New, policy analyst at Center for Data Innovation, said schools must harness the power of data. “While other sectors of the economy and society are becoming more data driven, education has not even made the first step toward digitization,” he said, encouraging audience members to read the report “Building a data-driven education system in the United States.” “We know how valuable data can be, and education is one of the most critical sectors for economic and social opportunity.”
In the afternoon, summit participants broke into eight working groups to concentrate on health and well-being, housing and homelessness, school to work/living wage and financial capability, civic engagement and participation, public safety/corrections/justice, faith and philanthropy, parenting and family, and East St. Louis (to explore the feasibility of a collective-impact strategy for black males in that city). Afterward, facilitators reported to the whole meeting.
‘The house is burning’
James Clark, vice president of community outreach at the nonprofit Better Family Life Inc., delivered the closing keynote.
“Brothers and sisters, the house is burning, and we are moving too slow,” Clark said.
“I’m happy that Dr. Joe has pulled us together and that Washington University has opened up their resources, but brothers and sisters, we have to do work,” he said. “Knowing the plight is just not good enough anymore. It’s not. We are losing and losing bad. I want to challenge this body – come into the neighborhoods, stand on the front porches. Let’s begin to draft programs out of this lens.”
Since 2015, HomeGrown STL has held quarterly networking breakfasts at the Brown School, and today more than 90 organizations are members of it. Going forward, HomeGrown STL will hold an annual summit to, among other things, measure progress.
Jeffrey Irons, a facilitator at the nonprofit Fathers’ Support Center, said the inaugural summit showed “all of the organizations in our community coming together to try to make our community better than what it is for our youth.”
Allison LaMont, director of expansion and implementation support at Parents as Teachers, said the summit made her realize “the extent to which our community resources are siloed: We are all doing separate work and not sharing our resources and knowledge to work together to touch more families.” At the summit, service providers were able to figure out how to share more resources and reach more people with needs, she said.
“Know that we are committed to finding the resources to work with each and every program and organization over the next 10 years,” Joe said in remarks about next steps. “This is a rare opportunity. There is real work to be done.”
To see photos from the summit,please click here.
This article was originally published by the George Warren Brown School of Social Work Center for Social Development. View the original article here.
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Patrick Mahomes II Sebastian Joseph Tom Wolf Lionel Messi Devin McCourty Don Shula Kelvin Beachum Dani Rylan Renan Lodi Sports Tennis Municipal governments Local governments Government and politics College sports Graduation ceremonies Graduation Education Social affairs Occasions Lifestyle Golf Distance learning NFL football Professional football Football College baseball Baseball Men's sports Obituaries Emergency management Fourth of July Holidays Women's sports Travel restrictions and advisories Travel safety Travel Men's soccer Soccer IndyCar Automobile racing Digital divide Technology issues Technology Women's golf Disease outbreaks General news Public health Health Higher education Travel laws and regulations Government regulations NASCAR Coronavirus Infectious diseases Diseases and conditions Lung disease
The Latest: Mahomes to celebrate virtual grads at Texas Tech
FILE - In this Feb. 2, 2020, file photo, Kansas City Chiefs' Patrick Mahomes, left, and Tyrann Mathieu celebrate after defeating the San Francisco 49ers in the NFL Super Bowl 54 football game in Miami Gardens, Fla. The Kansas City Chiefs began talking about a repeat before they had even left the stadium following their Super Bowl triumph. (AP Photo/David J. Phillip, File)
Super Bowl MVP Patrick Mahomes is set to be part of the virtual graduation ceremonies for Texas Tech, his alma mater.
The star quarterback of the Kansas City Chiefs will address the graduates along with two students receiving their degrees in a ceremony to be livestreamed on May 23. Commencement ceremonies normally held at Texas Tech’s basketball arena were canceled because of the coronavirus pandemic.
Mahomes was a record-setting passer for the Red Raiders before the Chiefs drafted him 10th overall in 2017. He just finished his second season as Kansas City’s starter by leading a fourth-quarter comeback in a 31-20 victory over San Francisco in the Super Bowl in February.
The 24-year-old Mahomes is the son of former major league pitcher Pat Mahomes. The younger Mahomes was a two-sport standout in high school in East Texas and briefly played baseball at Texas Tech before focusing on his football career.
Texas Tech President Lawrence Schovanec says, “Patrick’s story and his rise to stardom, both here at Texas Tech and in the NFL, have been a great source of pride for Red Raiders and an inspiration for thousands.”
The IndyCar race in downtown Toronto has been postponed. The race was scheduled to be held July 12 on a street course at Exhibition Place.
Event organizers said they have been in discussions with city officials about an alternate date later in the year for the popular race.
IndyCar has yet to start its season. It is scheduled to race June 6 at Texas Motor Speedway for its opening event. The Indianapolis 500, held on Memorial Day weekend every year since 1946, has been moved to August.
A coalition of players is urging Congress to pass a coronavirus relief bill that would provide critical funding for elementary and secondary education.
Among the signers of the letter from the Players Coalition are NFL players Devin McCourty, Kelvin Beachum and Sebastian Joseph-Day. The coalition was formed in 2017 and aims to advance social justice and racial equality.
The letter asks the House and the Senate to pass the HEROES Act, which would secure internet access for millions of economically disadvantaged students during the pandemic.
The Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act proposed by the House would provide nearly $60 billion in relief funding to kindergarten through high school districts, as well as funding for schools and libraries to provide internet services for students and families.
“The COVID-19 pandemic has highlighted the existing digital divide as millions of students struggle to get online, adjusting to distance learning without internet access,” said McCourty, a safety with the New England Patriots.
NASCAR has yet to receive the green light to race in Pennsylvania.
Gov. Tom Wolf says he spoke to NASCAR officials about the status of the June 27 and 28 races at Pocono Raceway. The stock car series announced this week it will stick to Tennessee, Georgia, Virginia, Florida and Alabama for June races — all of them without fans.
NASCAR has now set plans for 20 races — including nine in the elite Cup Series — as it returns to the tracks after being shut down for more than two months by concerns about the coronavirus. The revised schedule didn't address the scheduled doubleheader weekend at Pocono and the rest of season.
“We actually had conversations with NASCAR and I told them Pennsylvania is not ready to make a decision,” Wolf said. “The area that they want to have this gathering in is actually in the red right now, red zone, red phase, so I told them Pennsylvania is not ready to make a decision.”
The Cup Series is scheduled to resume this Sunday at Darlington Raceway and run four times in 11 days at the South Carolina track and at Charlotte Motor Speedway in Concord, North Carolina.
Oregon Athletic Director Rob Mullens said Friday that the entire athletic staff has taken a 10% pay cut.
The Ducks are the latest athletic department to cut costs in the midst of the coronavirus outbreak.
Mullens said that Oregon is not planning to cut any sports to save money.
“We’re looking at a lot of other things. But cutting a sport is the last thing we would ever want to do,” Mullens said in a video conference call with reporters.
Oregon is also committed to helping the seniors on scholarship in canceled spring sport return next year.
“It’s about $525,000 that we’ve committed to fund those spring sports seniors to make sure that they get that final year experience,” Mullens said. “And our development team is going to help us try to raise that money to support those student athletes.”
The National Women’s Hockey League has canceled the Isobel Cup championship game between the Boston Pride and Minnesota Whitecaps.
The game was scheduled March 13 in Boston, before the initial postponement because of the coronavirus pandemic.
NWHL founder and commissioner Dani Rylan calls the decision “disappointing” while adding “this global health crisis transcends sports.”
The league is focused on preparing for next season. Its scheduled to open in mid-November, with a sixth team after the addition of an expansion franchise in Toronto.
Ticket holders can request a refund or choose to apply their payment toward Pride tickets for next season.
Bowling Green has dropped baseball as part of a move to ease financial stress due to the COVID-19 pandemic.
The school says it’s reducing its athletic budget by $2 million.
“This is a very difficult, but necessary, decision,” athletic director Bob Moosbrugger said. “As a baseball alumnus, my heart breaks for the families affected by this decision.”
Moosbrugger added the school will honor scholarship agreements through graduation and will assist student-athletes who want to transfer.
Bowling Green’s move came one day after Akron, another member of the Mid-American Conference, dropped three sports because of fiscal hardship caused by the virus outbreak. Earlier this week, the MAC announced it is eliminating postseason tournaments in eight sports, including baseball and softball, to save money.
The IMSA sports car series will resume racing on July 4 at Daytona International Speedway.
The track and the series are both owned by NASCAR, which is resuming its season Sunday in South Carolina. The IMSA race will be without spectators and technically fills a void created when NASCAR this season ended its annual holiday race weekend in Florida for Indianapolis Motor Speedway.
IMSA will then go to Sebring International Raceway July 17-18 for another race in Florida without fans.
The sports car series had completed just one event, the Rolex 24 at Daytona in January, before the coronavirus pandemic.
IMSA now has nine upcoming events on its revised schedule that is set to conclude at Sebring in mid-November.
Lionel Messi says the long stoppage of play caused by the coronavirus pandemic could be a boon for Barcelona.
Messi tells Sport on Friday, “maybe this stoppage will end up benefiting us.”
Messi didn’t cite his reason for thinking the stoppage would be good for Barcelona, but the return of strike partner Luis Suárez from injury will surely be a lift.
Barcelona and the rest of Spain’s soccer league hasn’t played since March 12, when La Liga halted action because of the COVID-19 virus outbreak. Over 27,000 Spaniards have died from the disease.
Teams have recently returned to practice at club facilities, but they are training individually and undergoing tests to make sure there is no spread of the virus.
The Spanish league says it wants to return to playing matches on June 12, but it will depend on the public health situation.
Soccer clubs in England’s professional fourth tier league are backing the season being prematurely ended.
The English Football League say that’s the “preferred direction of travel” of League One clubs but the decision requires approval from the footballing authorities.
If the season is abandoned, the final standings would be determined by a points-per-game system. The clubs want to scrap relegation this season, so two sides don’t drop into the semiprofessional fifth tier.
But the top three teams would still be promoted automatically to League One. Playoffs between the next four sides would still be required to determine the final promotion spot.
The EFL says its “board will now consider the implications of the division’s preferred approach at their next meeting.”
In a statement, the EFL says League One clubs had not yet reached an agreement on whether to curtail or not, while the Championship teams were committed to resuming the season.
An unnamed Werder Bremen player must go into quarantine for two weeks after a close family member tested positive for COVID-19.
Bremen is due to host Bayer Leverkusen on Monday in its first Bundesliga game back since the league was forced to take a two-month break due to the coronavirus outbreak.
The club says the affected player has consistently tested negative for COVID-19, but “the decision to place him under quarantine was made in conjunction with the Bremen health authorities.”
All players and staff members of the club have undergone five rounds of testing with no positive results so far.
Bremen sporting director Frank Baumann says, “As a result, our team and our staff are not under any risk. This shows that the medical protocol is working and that infected individuals can be identified early on.”
The Bundesliga is due to resume on Saturday with six games. All matches are to take place without spectators and with strict hygiene measures in place for the rest of the season.
The International Gymnastics Federation is creating a fund to financially assist athletes and national federations struggling amid the pandemic.
The fund will give about $400,000 to various groups in hopes of easing what FIG President Morinari Watanabe calls a “grave crisis.”
This fund will be managed by the FIG’s Foundation for Solidarity. The foundation supported hundreds of athletes and federations in need through scholarships, financial aid following an accident and equipment donations since its inception in 2002. The criteria for applying for a grant will be released soon.
The federation also said member organizations will not be required to pay 2020 dues. The FIG takes in about $120,000 from dues.
Miami Dolphins fans will be given a chance to view Don Shula’s statue at their stadium in the first of a series of events to celebrate the late coach.
Access to the statue by vehicle will be permitted next Friday and Saturday. Fans will be required to practice social distancing and are discouraged from bringing any items with them.
The Dolphins will host a public memorial for Shula at the stadium once coronavirus concerns ease.
Shula led the 1972 and 1973 Dolphins to Super Bowl championships. He died on May 4 at the age of 90.
The Michigan tournament where the LPGA Tour hoped to resume has been canceled.
The LPGA says the Dow Great Lakes Bay Invitational will not be played July 15-18 because of the coronavirus pandemic. The tour did not offer any other specifics except for Commissioner Mike Whan emphasizing the long-term health of the tour is paramount.
This is the only team event on the LPGA schedule. Whan says Dow has extended its title sponsor contract and the LPGA will return to the Great Lakes Bay region next year and beyond.
The cancellation means the LPGA now hopes to return July 23-26 with the Marathon LPGA Classic in Ohio.
The International Tennis Hall of Fame’s 2020 induction ceremony for Goran Ivanisevic and Conchita Martinez has been canceled because of the coronavirus pandemic. So has the annual men’s grass-court Hall of Fame Open tournament.
The induction was scheduled at the Hall in Newport, Rhode Island, for July 18. That is the same day the tournament was supposed to finish.
But the COVID-19 outbreak has resulted in the suspension of all sanctioned tennis competition since March and at least until the end of July.
Ivanisevic and Martinez now will be honored alongside any Class of 2021 inductees in July 2021.
The Hall of Fame announced the cancellations and says ticket-holders can use their tickets in 2021, convert them into a tax-deductible donation to the Hall or get a refund.
The professional tennis tours are extending their suspensions caused by the coronavirus pandemic through at least the end of July.
The total number of tournaments scrapped by the ATP and WTA since March now tops 40.
Both tours say they will make further scheduling announcements in June.
The top tours already had been on hold at least until July 13. That was announced on April 1 on the same day that the All England Club said it would be canceling Wimbedon for the first time in 75 years because of the outbreak.
Atlético Madrid defender Renan Lodi has returned to training after having reportedly been cleared following a previous positive test for the coronavirus.
The Spanish soccer club says Renan trained on his own.
Spanish media reported that Lodi had tested negative after spending several days confined following an initial positive result.
Spanish teams have returned to training at club facilities but players must respect social distancing.
The Cypriot soccer federation has called off the season because of the coronavirus pandemic.
The decision came after a team of medical experts rejected a set of health protocols drawn up by the federation and insisted that its own guidelines are followed.
The federation said it couldn’t overcome the expert group’s demand that an entire team be quarantined for two weeks if any player tests positive for the virus.
Omonia Nicosia, Anorthosis Famagusta, APOEL Nicosia and Apollon Limassol were the top four teams in the standings when the league was suspended and will represent Cyprus next season in European tournaments.
The federation also decided that the number of teams in the first division next season will increase by two to 14. There will be no relegation this year but two teams from the second division will move up.
The first division will revert to 12 teams the following season with four teams relegated and two teams promoted.
The Russian soccer league will restart on June 21 after a break of more than three months because of the coronavirus pandemic.
The league intends to pack eight rounds of games into just over one month to finish on July 22. League president Sergei Pryadkin says all games will be held in empty stadiums.
The Russian Cup will also continue with the final on July 25. That means some clubs face up to 11 games to finish the season.
A planned promotion-relegation playoff has been dropped with only the bottom two clubs in the top division relegated automatically as usual.
The league has also adopted a rule change allowing up to five substitutions per match.
The German soccer federation has delayed the restart of the men’s third-division because it doesn’t have political approval.
The third division was scheduled to resume on May 26 amid the coronavirus pandemic but the federation says that can’t happen without the go-ahead from authorities around the country. Games in the first and second divisions will resume Saturday.
The third division still has 11 rounds of games to play.
The pandemic has put several third-division clubs under strain.
Leader MSV Duisburg has financial problems and second-place Waldhof Mannheim told local newspapers on Thursday that it stopped training because it doesn’t have coronavirus tests.
Two teams are barred from playing until May 27 by the state of Saxony-Anhalt and can train only in small groups.
World Rugby has postponed July test matches involving southern and northern hemisphere nations because of ongoing restrictions on international travel during the coronavirus pandemic.
The sport’s international governing body issued a statement Friday saying the mid-year test window will be rescheduled when cross-border travel and quarantine regulations are relaxed.
New Zealand had been scheduled to play Wales and Scotland, Australia was set to play Ireland and Fiji and South Africa had planned to host Scotland and Georgia. World Rugby said the postponement is due “to ongoing government and health agency COVID-19 directives.”
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8 Famous Race Tracks Around The World
Race tracks are the second most intriguing element of speed car racing after the exhilarating car races. Some race tracks are known for their level of difficulty while others are famous for their unique locations. So without much ado, let’s check out some of the amazing car racing circuits around the world.
Nurburgring Nordschleife is car racing track located in Germany. With a total length of 12.9 miles (21 kilometers), it is currently one of the longest permanent car racing circuits present across the globe. ‘The Green Hell’ proudly sports 154 staggering corners that have every kind of a twist and turn imaginable and hosts events like Nurburgring 24 hours.
Situated in Ardennes countryside of Belgium, this track is famous for its seemingly difficult features. Iconic and difficult turns like Pouhon and Eau Rouge Complex are the characteristics of the Belgium Grand Prix and keep viewers on the edge of their seats. Fans, as well as racers, prefer this track for its astonishing scenic beauty.
Suzuka racing circuit is located in Japan and is home to the Japan Grand Prix. It is quick sweeping track with unique 8-shaped layout with an array of different turns and corners. It features well known Degner Curve and 130R Curve and has witnessed some of the epic moments in the history of car racing. For instance, Alan Prost and Ayrton Senna’s dramatic collision in 1989 is a great example of one such moment.
This semi-permanent racing track is situated at Le Mans, Sarthe, France. The very first car race took place in the year 1923. Since then Le Mans become one of the popular motorsport events among sports enthusiasts. This racing track is a mixture of public roads and the racing path which tests the driver’s skills on bends like Porsche Curve, Dunlop Curves and Esses.
Mount Panaroma
‘Bathurst’ is another popular name of this track. Bathurst, the New South Wales, Australia is the current location of this race track. It is a street track where cars race on public roads. This car racing circuit has long swift stretches along with steep inclines and sharp turns that impose challenges for the racers. It hosts events like Bathurst 1000 and Bathurst 12 Hour.
8 Popular Speed Car Racing Tracks Around The World
The Laguna Seca is a racing circuit that is located in California. Reportedly, this track compromises of 11-turns which require immense skill on the part of the racer, one such popular turn being ‘Corkscrew’ chicane. This curve has an uphill climb with blind apex and striking drop downhill. It hosts sportscar as well as motorbike racing events.
Circuit De Monaco is a street track which comprises of La Condamine and Monte Carlo streets of Monte Carlo, Monaco. This racing track is full of challenges with quick turns blended with tight hairpins along with barriers with little margin for errors. This makes Monaco Grand Prix one of the most exhilarating and interesting motor race of all time.
The Autodromo Nazionale Monza locate in Milan in France. It builds in the year 1922. This track is considered as the third largest car racing circuit to have featured in F1 calenders. This track consists of long straights along with tight, sharp turns.
Car RacingSpeed Car Racing
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Telling Milwaukee’s Italian history through collections of family photos
by Vianca Fuster
The Italian Heritage Photo Exhibit at Festa Italiana
The craze of Summerfest has settled and Milwaukee’s cultural festivals are starting to take over. This weekend, the festival grounds hosted Festa Italiana. From The Rat Pack cover bands to your choice of pastas, the festival continues to serve the city an intimate weekend in Italy.
Christine Conley, whose grandparents are from Italy, has been a festival-goer and volunteer from just about the beginning. She currently manages the Italian Heritage Photo Exhibit, which has a lifespan as long as the festival. It’s made up of religious artifacts and photos from Milwaukee’s Italian community dating back to the late 1800s.
Listen to the audio story below to learn more about the Italian Heritage Photo and Pompeii Church Exhibit.
Italian Heritage Photo Exhibit
Festa Italiana is one of Milwaukee’s first ethnic festivals of the summer. This year, they’re celebrating 41 years. Conley says volunteering and giving back to the community has always been a priority in her big Italian family.
“All of my family is down here,” said Conley. “Every single one of them, down to my four-year-old granddaughter, is down here doing something.”
While her family works on running other parts of the festival, Conley’s main focus growing the photo exhibit. The display lives in the red Summerfest store near the Miller Stage. This year, religious statues from Milwaukee’s first Italian churches (St. Rita’s and the Blessed Virgin of Pompeii church) were displayed on a pedestal filled with flowers.
On partitions surrounding the walls of the store are black and white photos of generations of Italians. One wall displays yearbook photos from the early 1900s. Another shows the early immigrant experience for Italians arriving in Milwaukee. One wall is dedicated to large Italian weddings, family portraits and the early athletes and entertainers of Milwaukee’s Italian community.
Each year, parents, their children and their grandchildren stop by to pay homage to their great-grandparents. The older generation uses it as a moment to teach the younger generation about the journey their families took to get here today. For many families, walking into the exhibit is like opening up a family photo album.
If you’re interested in contributing photos for the exhibit, visit the festival’s website for submission requirements here.
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Virtual Tour of King’s Theatre for the Festive Season
Like every theatre across the world, Edinburgh’s King’s Theatre has been forced to close its doors to the public because of the pandemic. Whether you are a regular audience member or one who goes annually for the panto, the sense of awe entering the grand old red sandstone auditorium at Tollcross is the same. Since opening in 1906 the Grade A listed King’s Theatre is one of the most complete surviving Edwardian theatres in the UK, and one of the few theatres in the UK that has operated continuously as a functioning theatre. From its marble staircase to its Art Nouveau glass panels to its elaborate architraves, not to mention the stunning art work on the ceiling by John Byrne, the King’s Theatre really is a feast for the eyes.
Although there are no shows this year, the King’s has come up with a way to let the public see parts of the theatre normally unseen thanks to the creation of a virtual theatre tour. This has been realised thanks to Edinburgh based professional photographer Tom Duffin who said “The skills and techniques we’ve developed for immersive experiences was a perfect fit for the King’s. My family has been going to the King’s panto for four generations, so the challenge was to create something that was a cross-generational mix of nostalgia, belly laughs and surprising new discovery. What was a fantastic added benefit was the genuine enthusiasm from the King’s staff who revelled in telling their stories from behind, below and way, way above the stage.”
Areas of the theatre usually not seen by the public like dressing rooms and the orchestra pit will be available along with the more familiar aspects such as the foyers and bars. The tour will allow those missing the annual Panto to hear panto voices from past and present and see images of the old King’s as they learn theatrical tales from staff and stars. A paint frame at the rear of the stage to allow for the painting of backcloths and scenery – one of the last surviving examples of this in the UK – is one of the amazing things available to be seen.
King’s superlative panto baddie Grant Stott will take on a more benign role as he greets visitors for the start of a virtual 360-degree tour of the historic theatre. You’ll be able to see the site before the King’s was built in 1906 and how its future should look following a major redevelopment spanning its over 100 year history.
There is an opportunity to donate to the Capital Theatre’s emergency appeal during the tour.
A Gambler’s Guide to Dying Traverse 3 Online
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Special Representative Voices ‘Cautions Hope’ for Transition in Mali, Despite Delays, Resurgence of COVID-19
Permanent Representative Voices Concern over Terrorists in Central Region as Delegates Stress Need for Continued International Engagement
Despite a resurgence of COVID-19 and delays in Mali’s political transition following the August 2020 coup d’état, a newly revised Transitional Road Map and strong international support are cause for cautious hope, the senior United Nations official in the country told the Security Council during a videoconference meeting today.
“While the year 2020 was one of risks for Mali, 2021 deserves to be seen with optimism,” said Mahamat Saleh Annadif, the Secretary-General’s Special Representative and Head of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA). Presenting the Secretary-General’s latest report on the situation (document S/2020/1281), he said the period under review was marked by delays in the political transition and in appointing several critical officials.
Whereas the Transitional National Council remains committed to reforms that are vital for the return to constitutional order, he added, it nevertheless failed to muster the necessary political consensus on some items, resulting in a further unravelling of the socioeconomic situation. He reiterated his hope that the current transitional period will help Mali escape the “vicious cycle” of political instability.
He went on to praise the strong support demonstrated by, among other partners, the United Nations, African Union, Economic Community of West African States (ECOWAS) and the Organisation internationale de la Francophonie, all of which stand ready to support the transition.
Like other countries, Mali has seen a resurgence of COVID-19 in recent months, which resulted in the deaths of Pierre Buyoya, former African Union High Representative to Mali, and former opposition leader Soumaïla Cissé, he said, adding that the coronavirus has not spared MINUSMA staff.
Turning to counter-terrorism efforts, he said that, despite the success of international forces, recent months have seen a recurrence of deadly attacks in Mali’s border regions, including one in which more than 100 Nigerien civilians were killed. In central Mali, MINUSMA stands committed to supporting security by intensifying its civilian protection patrols, he emphasized, saying that the Mission, alongside other United Nations entities, is also supporting reconciliation and conflict prevention teams on the ground.
Concluding his remarks, he welcomed the fact that all transitional bodies are now operational and the parties have agreed to a revised Transitional Road Map for implementation of the 2015 Agreement on Peace and Reconciliation in Mali. He said the transition’s success relies on the implementation of critical reforms and the holding of credible elections, the outcome of which is accepted by the majority of Malians. “The process will only be viable if it is the result of the will of Malian political actors,” he emphasized, warning that international support — while critical — will not be enough.
As Council members took the floor, many welcomed the support demonstrated by MINUSMA, ECOWAS, the “Group of Five” for the Sahel (G5 Sahel) joint force and other regional entities in helping Mali’s transitional authorities restore stability. Several also welcomed the agreement on a revised Transitional Road Map, while underlining the need for the global community to remain engaged in Mali’s political process and in counter-terrorism efforts across the wider region.
The representative of France recalled that, in October 2020, the Council reiterated that political and institutional reforms leading to elections, stabilization of the central region and counter-terrorism are among the goals for Mali. Noting that the current climate is conducive to implementation of the peace agreement, he said the Agreement Monitoring Committee has restarted and that parties have agreed on a road map involving the integration of former rebels into the army and development of the northern regions, among other things. “The Council is expecting specific results up until the mandate of MINUSMA is renewed,” he added. Initial results on combating impunity in the centre are encouraging, but more must be done. “The picture is basically a good one,” he said, noting that terrorists, including senior leaders, have been taken out, and coordination among Operation Barkhane, Mali’s armed forces and the G5 Sahel joint force has improved. Outlining shortcomings, he said the conflict has taken deep root in the centre, emphasizing the need for efforts in the area of security to be accompanied by a return of Government services, which will help to rebuild trust and combat the hold of terrorists on the area. Development projects and humanitarian assistance will require particular attention. He went on to encourage Mali to step up the efforts of its Takuba Task Force, and noted that the G5 Sahel joint force warrants greater United Nations support. Implementation of MINUSMA’s adaptation plan must continue, he stressed, encouraging contributing countries to respond positively to the Secretariat’s calls to plug budget gaps. France supports the stocktaking by ECOWAS in relation to Mali’s plans for organizing elections, he said.
The representative of Estonia, pointing out that Mali is a little more than four months into its 18‑month transition period, urged all parties to work together towards peace and to ensure the inclusion of all social groups in such efforts. In preparation for presidential and parliamentary elections, the transitional authorities should step up implementation of the necessary institutional and governance reforms, he said, underscoring the importance of upholding the rule of law and constitutional order, and respecting the full, equal and meaningful participation of women in that process. Regional organizations can play an indispensable role in the political transition, he added. Expressing extreme alarm over coordinated attacks against the international and national security presences, and the deliberate targeting of civilians by armed groups, he emphasized that Estonia will maintain its support for the fight against terrorism through MINUSMA, Operation Barkhane and the Takuba Task Force. A stable, long‑lasting and adequate State presence can only be achieved through political will and full cooperation by all parties in Mali, he said, stressing that the Algiers Agreement remains the foundation for resolving the conflict. Urging an end to the cycle of impunity, he strongly urged the transitional authorities to fully investigate all attacks on civilians.
The representative of the Russian Federation welcomed the fact that the transitional authorities are taking the proper steps to restore order and that the National Transitional Council has begun its work. He urged them to continue their dialogue with all stakeholders and to ensure that the time frame for the transitional period is respected. Stabilizing Mali depends on implementation of the Algiers Agreement, he said, expressing hope that dialogue with the signatory groups will continue. A second phase of the process to reintegrate former combatants has also been agreed, he added, emphasizing that governance reforms should continue. Stressing that terrorists cannot be allowed to capitalize on the current difficulties, and likewise pointing to chronic intercommunal clashes in Mopti and Segou, he said the number of Malians needing food assistance has substantially increased. Expressing support for the political mediation efforts by the African Union and ECOWAS, he called upon Mali to cooperate with neighbours in the region and expressed hope that its armed forces will continue to participate in the G5 Sahel joint force. He went on to underline the need to support for the African Union Commission proposal to deploy standby forces in the Sahel, and welcomed MINUSMA’s assistance in building bases in Gao, Timbuktu and elsewhere.
The representative of India, urging the Council not to lose sight of the fact that the seeds of the conflict in Mali were sown in Libya in 2011, noted that, despite MINUSMA’s eight-year-long presence and the continued efforts of the international community, particularly France, Mali is still experiencing coups d’etat and instability. Terrorist groups such as Jama’a Nusrat ul-Islam wal Muslimin and Islamic State in Greater Sahara are growing in strength and attacks against civilians continue unabated, he said, pointing out that MINUSMA is overburdened with a huge mandate, but lacks commensurate resources. Whereas political developments in the last three months are cause for cautious optimism, with the Transitional Government showing commitment to advancing implementation of the Peace Agreement, he noted that security challenges in central Mali remain a source of grave concern and deserve the close attention of the authorities. India supports expeditious progress on institutional, political and electoral reforms, for restoring State authority and for the work of the African Union’s Transitional Support Group, he emphasized, adding that, to further support MINUSMA, his country will positively consider the Secretary‑General’s proposal for the deployment of air assets.
The representative of Niger, speaking also on behalf of Kenya, South Africa and Saint Vincent and the Grenadines, said the transitional authorities have worked hard in recent months to improve the security situation. Praising the strong support demonstrated by neighbouring countries, as well as by ECOWAS, the G5 Sahel joint force and other regional entities, he welcomed the agreement on the establishment of transitional bodies and on the Revised Transitional Road Map. Major progress was also made in the fight against impunity and in stabilizing the situation in central Mali, he noted. “In this crucial transitional period, Mali needs the support of everyone,” he said, underlining the need to ensure that the upcoming elections are credible and fully inclusive.
Welcoming the stated desire of the transitional authorities to reinvigorate the army’s role in supporting peace and stability, he went on to praise MINUSMA’s far-reaching efforts. He condemned the unabated terrorist attacks that have recently led to the deaths of civilians and MINUSMA staff members, expressing particular concern about the worrisome increase in the use of improvised explosive devices on main supply routes. He called for heightened vigilance and a “reassessment and adjustment” of the international community’s counter-terrorism strategy in the Sahel, advocating the establishment of a United Nations support office devoted to the G5 Sahel joint force, to be funded through voluntary contributions.
The representative of Mexico urged the transitional authorities to establish the institutions necessary for organizing elections, encouraging MINUSMA to exercise its good offices to guarantee that the transition is inclusive and does not foster hostilities. It is appropriate for the Mission to cooperate closely with the African Union and ECOWAS, he added. Noting that nine women participated in the meeting of the monitoring committee, he said that amounted to a 31 per cent representation. “Their participation should go beyond a specific quota,” he emphasized, requesting more qualitative information to help assess women’s role in political life. Unequivocally condemning the recruitment of children by armed groups, he called upon the transitional authorities to investigate and punish the offenders. On access to justice, he urged the international community to support the consolidation of national institutions, stressing that coordination among all international actors working with Mali is key to preventing violence. As Chair of the Council’s Sanctions Committee on Mali, Mexico is interested in maintaining the ongoing dialogue with regional organizations and neighbouring countries, he said, noting that the sanctions regime should serve as a support for Mali’s administrative process.
The representative of China urged all the parties to forge a consensus on institution‑building and election preparations, underscoring the importance of implementing the peace agreement, speeding deployment of the armed forces and promoting development in the north, among other efforts. The United Nations and international partners, meanwhile, must strengthen cooperation with regional and subregional organizations. Emphasizing the importance of continuing counter‑terrorism efforts, he pointed out that terrorists are still rampant in northern Mali and elsewhere and expressed support for Mali’s participation in G5 Sahel efforts in that regard. He went on to call for full implementation of resolution 2518 (2020) to strengthen security measures for peacekeepers, and for continued efforts to root out the causes of violence. Meanwhile, the Special Coordinator for development in the Sahel must work with other United Nations actors to promote development in a coherent manner and to eliminate the root causes of instability. He went on to outline China’s efforts, citing its aid commitment to the African Union.
The representative of the United Kingdom joined others in commending steps towards implementing the peace agreement, tackling impunity, launching the next phase of the disarmament, demobilization and reintegration process and holding elections within 18 months. However, she expressed concern over reports of human rights abuses, including gender-based violence, and the recruitment of child soldiers. “The cycle of violence can be broken only by justice and reconciliation,” she said, underlining the need to monitor human rights. The security of MINUSMA peacekeepers is also paramount, she added, calling for the prosecution of those responsible for attacks against Mission personnel. All parties must have a sense of owning the peace process in order for it to be successful, and women must be meaningfully involved in all related matters, she said, encouraging an inclusive approach to such issues as the recent labour strikes. The United Kingdom joined an international effort to step up humanitarian support in the wider Sahel region, she added, noting that it recently committed an extra $10.5 million in emergency aid.
The representative of Ireland, noting that Mali is at an important juncture, welcomed the progress made while calling upon the transitional authorities to hold inclusive, transparent, free, fair and credible elections within 18 months. “There is now, in Mali, a real opportunity to make progress towards inclusive and lasting peace,” she said, underscoring the importance of reconciliation and the inclusion — for the first time — of civil society representatives in the transitional cabinet. MINUSMA’s continued support to mediation and communal reconciliation is also vital to conflict prevention and peacebuilding, she emphasized. Praising the increased engagement of women, she said they must now be actively encouraged to participate in the upcoming elections as both voters and candidates. Echoing concerns raised about intercommunal conflict and terrorist attacks, she called for greater efforts to tackle the root causes of instability, including through sustainable development, good governance, the rule of law and protection of human rights. She also noted the report of the International Commission of Inquiry and encouraged the Government to respond comprehensively in order to end the cycle of impunity.
The representative of Viet Nam stressed the importance of implementing the peace accord, also recognizing the representation of the signatory movements in the transitional Government as an important step towards advancing the peace process. Echoing the Special Representative’s call for a peaceful, inclusive transition to institutional and electoral reforms before the anticipated elections, he called for increased and meaningful participation of women in the political process. Commending MINUSMA for promoting the presence of State authority in northern and central Mali, he also underlined the need to redeploy the reconstituted units of the national armed forces, especially in the north. Viet Nam advocates a coherent and integrated approach to address security, as well as humanitarian and socioeconomic development challenges, he said, also expressing his country’s support for the efforts of the United Nations, African Union, ECOWAS and the international community in facilitating the transitional process towards peace and security in Mali.
The representative of Norway noted that, five months after the coup, the Malian people must start to feel a sense of improvement during the transition. Inclusive political processes are essential, and women’s participation is necessary for sustainable outcomes, she said, welcoming the inclusion of nine women in the Agreement Monitoring Committee. Civilians, including children, must be protected, she added. Norway is again deploying a transport aircraft to MINUSMA and a specialized police team to help Mali build capacity in its fight against impunity, she noted. To ensure viable and long-term solutions to the country’s complex challenges, there is a need to address comprehensive security goals beyond fighting armed groups, she said, emphasizing that a swift return of State authority and basic services across the country, including quality education, is essential. “Mali cannot afford a lost generation.”
The representative of the United States said the transition Government has a window of opportunity to lay the foundation for a more democratic country, and commended the steps taken to advance that goal. Expressing support for the transition agenda — focused on security, governance, a renewed social compact and implementation of the Algiers Agreement — he urged the transition Government to focus on priority issues in order to ensure progress by April 2022. Free and fair elections must be organized on time, he emphasized. He urged Mali to tackle impunity, address human rights violations and demonstrate its commitment to inclusive governance, notably by implementing service programmes in the north. Welcoming assurances that the timeline for legislative and presidential elections will be respected, he stressed that all elections must be organized through a credible, transparent and inclusive process. Mali should designate election authorities perceived as independent and technically competent, he added. The United States urges the transitional Government to complete transparent investigations and prosecute claims of human rights abuses, he said, expressing hope that women will participate fully and meaningfully in all processes going forward.
The representative of Mali thanked the Special Representative — whose briefing was his last in that capacity — for his unfailing support. Recounting recent positive recent developments since the Council’s last meeting, he cited the resumption of the work of the monitoring committee overseeing the 2015 Peace Agreement, which had stalled following events in August. The Revised Transitional Road Map, agreed earlier this month, includes several important improvements, including settling the question of civilian and military quotas and further advancing the second phase of the disarmament, demobilization and reintegration process, he said. Additionally, the northern Mali development zone was established and a round table will be held in February to invite support from international donors. Turning to Mali’s Truth, Justice and Reconciliation Commission, he said the Government gathered more than 19,000 witness statements from victims, adding that, during a court session held from September to December 2020, numerous sentences were handed down for serious crimes, including terrorism. However, he expressed grave concern about the situation in Mali, saying that terrorists in the region, supported by criminal networks, continue to perpetuate attacks against civilians and security personnel.
Conseil de sécurité: le Représentant spécial pour le Mali estime que si 2020 a été l’année de tous les risques, 2021 mérite d’être placée sous le signe de l’optimisme
Conseil de sécurité: entre consolidation de démocratie et insécurité persistante, le Chef de l’UNOWAS dresse un tableau contrasté de la situation en Afrique de l’Ouest et au Sahel
In Mali, peace and social cohesion is tormented by a multidimensional crisis
Militants Continue to Stage Deadly Attacks as Insecurity Expands into Previously ‘Safe’ Zones in West Africa, Sahel, Top Official Tells Security Council
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1-26 Erie J. Sauder [5]
2-26 The Ohio Michigan Boundary War [5]
3-26 The Ohio Art Company [4]
4-26 1815 Michigan Meridian [6]
5-26 Deputy Surveyor James Riley / Goll Woods [6]
Home / Fulton County
1-26 Erie J. Sauder
Front Text: A pioneer furniture manufacturer and philanthropist, Erie J. Sauder (1904-1997) was born and reared on a farm in Archbold. With the help of his wife Leona, he began woodworking in their town barn in 1934. Crafting tables and church pews, the Sauder Woodworking Company grew quickly. Sauder's 1951 invention of an easily shipped table kit heralded the modern ready-to-assemble furniture industry and firmly established the company as one of Fulton County's primary employers. In 1976 Sauder founded the Sauder Village to interpret nineteenth century rural lifestyles in the Black Swamp region. Back Text: Same
Address: 22611 OH 2, Archbold
Location: Just W of the windmill at the entrance to Sauder Village
2-26 The Ohio Michigan Boundary War
Front Text: The Northwest Ordinance of 1787 defined the boundary of the northern and southern tier of states to be carved out of the Northwest Territory, as a line drawn east from the southernmost tip of Lake Michigan until it intersects Lake Erie. Controversy over the exact location of that line led to the 1834-1837 boundary dispute between the State of Ohio and Michigan Territory. Passions ran high as everyone on both sides of the boundary knew that a great port city (Toledo) would emerge in the disputed territory. President Andrew Jackson settled the dispute in 1836 when he signed an act that recognized the current border between Ohio and Michigan, giving Michigan 9,000 square miles of Upper Peninsula land and awarding the disputed strip of approximately 470 square miles to Ohio. Michigan then joined the nation as a state the following year. Back Text: The Battle of Phillips Corners took place on April 26, 1835, and is sometimes referred to as the Toledo War. The altercation began when Ohio Governor Robert Lucas sent a survey party to re-mark the 1817 William Harris survey line, located on land claimed by Michigan Territory. When the survey party stopped to rest on land owned by Colonel Eli Phillips of the Michigan Militia, Under-Sheriff William McNair formed a posse of local deputies. Acting under authority of Michigan Territory Governor Stevens Mason, McNair and his force attempted to arrest the survey party for illegal trespass on Michigan Territory. The three Ohio Boundary Commissioners escaped accompanied by Colonel Sebried Dodge of the Ohio Corps. of Engineers and Pennsylvania & Ohio Canal surveyor and engineer. Shots were fired in the direction of the surveyors, but no one was killed or wounded; however, nine members of the armed party were arrested.
Address: NW Corner of OH 109 & OH 120, Seward
3-26 The Ohio Art Company
Front Text: Henry Simon Winzeler, founder of The Ohio Art Company, was born in 1876 in the Winzeler family home just north of this site in Burlington. As a young man, he opened a dental practice in 1900 in the Murbach Building in Archbold on the corner of North Defiance and East Holland streets. Making a dramatic career change eight years later, Winzeler, inspired by an oval mirror in his aunt's clothing store, started a company to manufacture picture frames. Calling it The Ohio Art Company, venture capital came from Winzeler's Hub Grocery that he opened in August 1908 located on North Defiance Street. His picture frame company was opened in the Spoerle and Baer Building, a few doors down on the same street. [Continued on other side] Back Text: [Continued from other side] To keep up with the rapidly growing demand for his frames, Henry Winzeler expanded the company into the Opera House and the B.P. Merry Drug Store Building in early 1909. Each of Henry's business locations were all within this block in Archbold. Then, in about 1911, he wanted to expand his business further and sought a loan from a local bank to refinance the venture. When the bank wanted too much of the business in return, Winzeler turned to private financing and received enough to move The Ohio Art Company to a building on High Street in Bryan where operations continue. In 1914, with the advent of World War I and an embargo in Germany, The Ohio Art Company joined the toy manufacturing business and acquired lithography equipment to print on metal surfaces. Ohio Art is best known for the world famous Etch A Sketch, first manufactured in 1960.
Address: Just S of 108 S Defiance Street, Archbold
Location: On the street next to the business parking area
4-26 1815 Michigan Meridian
Front Text: After the War of 1812, the United States Congress proposed two million acres of military bounty land for the Michigan Territory. To survey the land, the meridian had to first be established. U.S. Surveyor General Edward Tiffin created the meridian based on the western line of the Treaty of Detroit (1807). He contracted with Deputy Surveyor Benjamin Hough in April 1815 to begin the survey for $3 per mile. Taking a reading from Polaris (the North Star), Hough, Alexander Holmes, and 11 crew members surveyed the line due north from Fort Defiance. The difficult terrain they encountered temporarily halted all surveys in the territory and ultimately led to the bounty land being transferred to the Illinois and Missouri Territories. Back Text: Between July 12 and October 26, 1915, Samuel Stinson Gannet, Geographer of the United States Geological Survey and crew retraced and surveyed the Ohio and Michigan State Line. Working with a transit and dragging a 300 foot steel tape, the crew surveyed 69.92 miles and set 72 granite monuments. The 700-pound monuments are 5 feet 6 inches tall and cost $18.00 each, including delivery from Mount Airy, North Carolina. The top 18 inches were cut and carved by Lloyd Brothers in Toledo. Once the survey was complete, it put an end to one of the greatest disputes over a state line in the history of the United States.
Address: US 127, Fayette
Location: At the Ohio-Michigan state line
5-26 Deputy Surveyor James Riley / Goll Woods
Front Text: Two Deputy U.S. General Land Office Surveyors traversed Goll Woods: Benjamin Hough in 1815 and Captain James Riley in 1821. Hough (1772-1819) established the Michigan Meridian in 1815 and was county and state office holder in Ohio. Riley’s life was more tumultuous. Riley (1777-1840) captained the merchant ship Commerce, which wrecked off the Saharan coast in 1815. Riley and crew were enslaved for four months until ransomed by British diplomat William Willshire. In 1817, Riley published a famous account of his time in North Africa, and, in 1819, was appointed a surveyor by Surveyor General Edward Tiffin. Moving to Northwest Ohio, Riley named the village he founded in 1822, Willshire, for his deliverer. Riley returned to New York in 1826 and to the sea, where he died. Riley’s book went through more than twenty editions by 1860 and Abraham Lincoln credited the account as one that influenced him deeply. Back Text: In 1836, Peter Goll (1808-1896), Catherine Marguerite Goll (1813-1903), and son Peter Jr. (1834-1915) arrived in German Township, Fulton County from Grand-Charmont, France. The next year, Goll purchased 80 acres along the Anse des Feves or Bean Creek from the General Land Office in Lima, Ohio. The creek was renamed the Tiffin River for Edward Tiffin, surveyor general, senator, and Ohio’s first governor. The Goll farm grew to more than 600 acres. In 1966, Florence Louys (1891-1987), Peter Goll’s great granddaughter, sold her share to the State of Ohio and it became the Goll Woods State Nature Preserve in 1974. A forested remainder of the Great Black Swamp, Goll Woods was named a National Natural Landmark, also in 1974. The Goll homestead was listed on the National Register of Historic Places in 2005.
Address: RR Township Road 26 , Archbold
Location: between Township Road E and Township Road F
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Imran Dar
idar@publiclawgroup.com
ABOUT IMRAN DAR
Imran Dar is an associate who focuses on public and constitutional law. Prior to joining RPLG, Mr. Dar served as a Judicial Fellow for Judge Laurel Beeler in the U.S. District Court for the Northern District of California.
Mr. Dar spent two years as a New York Excelsior Service Fellow with New York State Board of Elections: Division of Election Law Enforcement. In this role, he investigated corruption in state, county, and municipal elections, brought civil and administrative enforcement actions against political actors, and defended the office’s actions and legislative mandate from constitutional and statutory challenges.
Mr. Dar graduated from the Benjamin N. Cardozo School of Law with honors, including the Federal Bar Council’s Cornelius Wickersham Jr. Award for highest-ranking student in the field of constitutional law. During law school, Mr. Dar brought 42 U.S.C. § 1983 cases for indigent plaintiffs in the criminal justice system with the Cardozo Civil Rights Clinic and was a research assistant for Professor David Rudenstine.
– The Benjamin N. Cardozo School of Law, cum laude
– Bard College
Ruth Bond
Julian Gross
Arthur Hartinger
Jonathan Holtzman
Louise Renne
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Home > Products > The D.O.C. No One Can Do It Better (Expanded Edition). CD
The D.O.C. No One Can Do It Better (Expanded Edition). CD
Featured in the 2015 Film Straight Outta Compton,The D.O.C. (a.k.a. Tracy Lynn Curry) Was a Major Figure in West Coast and Gangsta Rap
The D.O.C. Was a Behind-the-ScenesContributortoSome of the Greatest Rap Albums of All Time Including Dr. Dre’s The Chronic, NWA’s Straight Outta Compton, Eazy-E’s Eazy-Duz-It, and Snoop Dogg’s Doggystyle
Produced by Dr.Dre, His 1989 Debut Album No One Can Do It Better Also Belongs on the Short List of Greatest Rap Albums
However, There Has Never Been an Updated Version of the Original CD Release
This Expanded Edition Presents a Remastered Edition of the Original Album Plus Seven Impossible-to-Find 12” Mixes
Notes by Aaron Kannowski Include Quotes from The D.O.C.
75 Minutes of Historic Hip-Hop
With the 2015 release of the film Straight Outta Compton, we at Real Gone Music figured it was about time somebody revisited one of the landmark albums of West Coast rap, The D.O.C.’s No One Can Do It Better. The D.O.C. a.k.a. Tracy Lynn Curry was a behind-the-scenes contributor to some of the biggest and most hallowed rap releases ever, including Dr. Dre’s The Chronic, NWA’s Straight Outta Compton, Eazy-E’s Eazy-Duz-It, and Snoop Dogg’s Doggystyle, and his Dr. Dre-produced debut record lived up to the braggadocio of its title by going platinum, spawning the #1 rap singles “It’s Funky Enough” and “The D.O.C. & The Doctor,” and being hailed by critics nationwide as one of the greatest hip-hop albums ever recorded. However, there has never been an updated reissue of the original 1989 CD, which, like most releases of the early CD era, doesn’t really do the music sonic justice. Real Gone Music’s Expanded Edition of this classic album adds seven impossible-to-find 12” single mixes to a remastered version of the original release, along with liner notes by Aaron Kannowski that feature quotes from The D.O.C. himself. No one really could do it better than The D.O.C.—now here’s a better (and longer…75 minutes!) edition of his career-making classic.
1. It's Funky Enough
2. Mind Blowin'
3. Lend Me an Ear
4. Comm. Blues
5. Let the Bass Go
6. Beautiful but Deadly
7. The D.O.C. and The Doctor
8. No One Can Do It Better
9. Whirlwind Pyramid
10. Comm. 2
11. The Formula
12. Portrait of a Masterpiece
14. Mind Blowin'
15. The D.O.C. and The Doctor
17. It's Funky Enough
19. Somethingtabumpinyacar
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September 16, 2019 September 16, 2019 RedCrossNW
Trusted communications services for service members
Casey and Jodi Mackie
When Navy veteran Jodi Mackie suffered a medical emergency over Labor Day weekend, the Red Cross leaped into action to get her service member daughter notified and to her mother’s side.
Army Specialist Casey Mackie, stationed at Joint Base Lewis McChord near Tacoma, was scheduled to go on field maneuvers when her mother became ill with a ruptured appendix.
When the Red Cross Hero Care Network got word, they were able to notify Casey’s military command, who granted her leave so she could get to the hospital and be there for her mom. Red Cross volunteers later followed up to ensure mom was doing okay and all her local needs were met.
“We’re really appreciative for the services the Red Cross provides,” said Jodi Mackie, who is back home after a short hospital stay. “They’re there in times of need.”
Earlier in the year, in March, Service to Armed Forces officials also were able to help get Casey Mackie to Spokane when her grandmother fell gravely ill.
“It’s been a sad time for the family, but the Red Cross has been with us all the way,” said Jodi Mackie, who spent eight years in the Navy working as an air traffic control specialist.
Eric Reevesman, a Service to the Armed Forces program specialist in the Northwest Region, said the Mackies are part of more than 2,500 emergency cases the Red Cross sees in the Northwest Region in a typical year. Those cases resulted in more than 10,000 assistance actions by the region’s 15 volunteers assigned to help members of the military and civilian Defense Department workers when family emergencies arise.
“This is an extremely important service,” Reevesman said. “The Red Cross is the only organization in the nation providing this help to the armed services.”
When a military family experiences a crisis, the Red Cross is there to help. More than 110,000 military families reach out to the American Red Cross for emergency assistance each year. That’s approximately 300 military families per day. That’s why the American Red Cross has launched a new online, self-service tool called the Hero Care Network. This FREE tool gives military families more flexibility and expanded access to help during times of crisis by allowing them to quickly communicate emergency messages 24/7 via computer, tablet, or even by smartphone.
Visit www.redcross.org/HeroCareNetwork for more information or to submit a request.
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Trusted communications services for service members says:
[…] Originally published on the Red Cross Northwest Region blog. […]
Trusted Communications Services for Service Members – Philanthropy Media Network says:
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Folate and Vitamin B12 Status in a Healthy Elderly Population
Philip J. Garry, James S. Goodwin, William C. Hunt
Folic acid and vitamin B12 nutritional status was examined in a group of 270 healthy elderly individuals using both dietary and biochemical measures. Of these 40 per cent had dietary intakes of folic acid that were less than half the recommended dietary allowance of 400 μg/day, and 13 per cent had intakes of less than half the recommended dietary allowance for vitamin B12 (3 μg/day). However, only 8 per cent had low plasma folates (<3.0 ng/ml) and only 3 per cent had RBC folates less than 140 ng/ml. Plasma true cobalamin levels less than 220 pg/ml were found in 3 per cent. None of these individuals showed any clinical signs of folate and/or vitamin B12 deficiency, and mean corpuscular volumes were not significantly greater than those for the entire population (90.8 ± 4.1 fl). The correlations of intakes of folic acid and vitamin B12 with plasma or erythrocyte levels were moderate (about 0.5). It was also clear that those taking supplements had significantly greater blood levels than those not taking supplements, although the benefit of higher plasma or erythrocyte levels of these nutrients is not clear. The data indicate that folate and vitamin B12 status in free‐living healthy elderly is not a major medical problem. 1984 The American Geriatrics Society
Fingerprint Dive into the research topics of 'Folate and Vitamin B<sub>12</sub> Status in a Healthy Elderly Population'. Together they form a unique fingerprint.
Vitamin B 12 Deficiency Medicine & Life Sciences
Erythrocyte Indices Medicine & Life Sciences
Garry, P. J., Goodwin, J. S., & Hunt, W. C. (1984). Folate and Vitamin B12 Status in a Healthy Elderly Population. Journal of the American Geriatrics Society, 32(10), 719-726. https://doi.org/10.1111/j.1532-5415.1984.tb04170.x
Folate and Vitamin B12 Status in a Healthy Elderly Population. / Garry, Philip J.; Goodwin, James S.; Hunt, William C.
In: Journal of the American Geriatrics Society, Vol. 32, No. 10, 10.1984, p. 719-726.
Garry, PJ, Goodwin, JS & Hunt, WC 1984, 'Folate and Vitamin B12 Status in a Healthy Elderly Population', Journal of the American Geriatrics Society, vol. 32, no. 10, pp. 719-726. https://doi.org/10.1111/j.1532-5415.1984.tb04170.x
Garry PJ, Goodwin JS, Hunt WC. Folate and Vitamin B12 Status in a Healthy Elderly Population. Journal of the American Geriatrics Society. 1984 Oct;32(10):719-726. https://doi.org/10.1111/j.1532-5415.1984.tb04170.x
Garry, Philip J. ; Goodwin, James S. ; Hunt, William C. / Folate and Vitamin B12 Status in a Healthy Elderly Population. In: Journal of the American Geriatrics Society. 1984 ; Vol. 32, No. 10. pp. 719-726.
@article{f35307a7cbc24487868607c06f516227,
title = "Folate and Vitamin B12 Status in a Healthy Elderly Population",
abstract = "Folic acid and vitamin B12 nutritional status was examined in a group of 270 healthy elderly individuals using both dietary and biochemical measures. Of these 40 per cent had dietary intakes of folic acid that were less than half the recommended dietary allowance of 400 μg/day, and 13 per cent had intakes of less than half the recommended dietary allowance for vitamin B12 (3 μg/day). However, only 8 per cent had low plasma folates (<3.0 ng/ml) and only 3 per cent had RBC folates less than 140 ng/ml. Plasma true cobalamin levels less than 220 pg/ml were found in 3 per cent. None of these individuals showed any clinical signs of folate and/or vitamin B12 deficiency, and mean corpuscular volumes were not significantly greater than those for the entire population (90.8 ± 4.1 fl). The correlations of intakes of folic acid and vitamin B12 with plasma or erythrocyte levels were moderate (about 0.5). It was also clear that those taking supplements had significantly greater blood levels than those not taking supplements, although the benefit of higher plasma or erythrocyte levels of these nutrients is not clear. The data indicate that folate and vitamin B12 status in free‐living healthy elderly is not a major medical problem. 1984 The American Geriatrics Society",
author = "Garry, {Philip J.} and Goodwin, {James S.} and Hunt, {William C.}",
T1 - Folate and Vitamin B12 Status in a Healthy Elderly Population
AU - Garry, Philip J.
AU - Goodwin, James S.
AU - Hunt, William C.
N2 - Folic acid and vitamin B12 nutritional status was examined in a group of 270 healthy elderly individuals using both dietary and biochemical measures. Of these 40 per cent had dietary intakes of folic acid that were less than half the recommended dietary allowance of 400 μg/day, and 13 per cent had intakes of less than half the recommended dietary allowance for vitamin B12 (3 μg/day). However, only 8 per cent had low plasma folates (<3.0 ng/ml) and only 3 per cent had RBC folates less than 140 ng/ml. Plasma true cobalamin levels less than 220 pg/ml were found in 3 per cent. None of these individuals showed any clinical signs of folate and/or vitamin B12 deficiency, and mean corpuscular volumes were not significantly greater than those for the entire population (90.8 ± 4.1 fl). The correlations of intakes of folic acid and vitamin B12 with plasma or erythrocyte levels were moderate (about 0.5). It was also clear that those taking supplements had significantly greater blood levels than those not taking supplements, although the benefit of higher plasma or erythrocyte levels of these nutrients is not clear. The data indicate that folate and vitamin B12 status in free‐living healthy elderly is not a major medical problem. 1984 The American Geriatrics Society
AB - Folic acid and vitamin B12 nutritional status was examined in a group of 270 healthy elderly individuals using both dietary and biochemical measures. Of these 40 per cent had dietary intakes of folic acid that were less than half the recommended dietary allowance of 400 μg/day, and 13 per cent had intakes of less than half the recommended dietary allowance for vitamin B12 (3 μg/day). However, only 8 per cent had low plasma folates (<3.0 ng/ml) and only 3 per cent had RBC folates less than 140 ng/ml. Plasma true cobalamin levels less than 220 pg/ml were found in 3 per cent. None of these individuals showed any clinical signs of folate and/or vitamin B12 deficiency, and mean corpuscular volumes were not significantly greater than those for the entire population (90.8 ± 4.1 fl). The correlations of intakes of folic acid and vitamin B12 with plasma or erythrocyte levels were moderate (about 0.5). It was also clear that those taking supplements had significantly greater blood levels than those not taking supplements, although the benefit of higher plasma or erythrocyte levels of these nutrients is not clear. The data indicate that folate and vitamin B12 status in free‐living healthy elderly is not a major medical problem. 1984 The American Geriatrics Society
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Home NEWS & FEATURES Salome Fernando
Salome Fernando
Salome Fernando gets a hug from a student. Ash Daniel Photo
This is all I ever want to do," Salome Fernando says. Until 2007, the Montessori-trained teacher hadn't worked in a nonprofit. She had studied in Sri Lanka and had taken childhood-development courses at the University of California, Los Angeles.
When she and her family moved here after 15 years in California, Fernando looked for a Montessori program to join. This method of education developed by Maria Montessori in the slums of San Lorenzo, Italy, for the poor who were thought to be lousy learners, is today a highly sought-after alternative. Children learn through semi-structured play and pursuing their curiosity. They learn social skills and empathy.
Stamped With Success
Fulton's neighborhood center delivers from old post office
The Greater Fulton Neighborhood Resource Center's program began in 2006 with a summer half-day program. By the next year, it was clear that working parents needed an all-day school for their children. Grants and city assistance made this possible.
"We used to really have to scrimp for supplies," Fernando says. "We'd get two, three dollars, ‘Don't go crazy,' " she says with a wry laugh. "And then we had donations from other Montessori schools here, and over time, we've improved."
So have her charges. In September 2008, the NRC Montessori Preschool sent its first graduate to kindergarten at Chimborazo Elementary School. The child scored a 96 on her reading test. The next highest grade in the class was a 68. At present, there are 16 children, 2 1/2 to 5 years old.
"One of the aspects of Montessori is that you're better off the more you can stay in the classroom; children are like sponges, they absorb everything." Staffers hope that the program can become a Montessori charter school one day.
Early in 2009, when the new city administration was forced to make budget cuts, an axe was taken to funds for the NRC's education programs. The move to strike $30,000 would have left the NRC with a shortfall of $15,000. Parents rallied. Richmond Mayor Dwight C. Jones visited the school, and the funds were restored.
"It's nice to take kids in when they're younger," Fernando says. "They'll stay longer."
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Survivorship Bias (& Compounding) in The Art World
Getting Rich Investing in Art Is So Easy
Just figure out what sells for peanuts today and will command a fortune in 30 years or so.
Bloomberg, May 16, 2019.
You, too, can make a fortune in the art market. All you need is an eye for important, beautiful works, some spare cash and a time machine. If you lack the ability to go back a decade or more to buy what we now know will bring huge prices, well, then, making great returns in art is very, very hard.1
We were reminded of this courtesy of the sale earlier this week of one of Claude Monet’s haystacks paintings, “Meules” (1890). The painting was auctioned at Sotheby’s in New York for $110.7 million, a record sum for a work by an impressionist. According to the Financial Times, the price, including auctioneer fees, was 44 times more than the $2.5 million the painting fetched when last sold at auction in 1986. This works out to an annual rate of return of 12.2% over 33 years.
Then yesterday, the estate of S.I. Newhouse Jr., the former Condé Nast chairman, auctioned at Christies in New York Jeff Koons’s stainless steel “Rabbit.” At $91 million, it set a record for a living artist. According to Architectural Digest, Newhouse bought the sculpture in 1992 for $1 million. At 91 times more than the sculpture cost 27 years ago, this works out to an annual rate of return of 18.2%.
Before you look at these gains and assume that investing in art seems like a sure thing, some cautionary words are in order. The problem with this is that investors tend to notice the big winners, while ignoring the works of art (or other assets) that fail to appreciate in value. Statistically, the vast majority of investments have returns that are nothing like this; some even lose value.
This tendency to give too much weight to the big winners while excluding the losers — otherwise known as survivorship bias — has a long and storied history in investing. Mutual funds were the first great example of this: Funds tend to regularly close down and disappear due to poor performance. The Vanguard Group and Dimensional Funds Advisors each separately found that about half of funds close within 15 years. When the losers get killed off, it makes the average performance of the survivors look that much better.
How much better?
Vanguard noted that 62% of surviving large-capitalization value funds outperformed their specific benchmark. But taking account of the funds that shut lowers the rate to just 46% after five years and the disparity gets bigger the further out you go. Larry Swedroe of the BAM alliance points to an earlier study by Lipper: In 1986, it reviewed 568 stock funds, with an average annual return of 13.4%. By 1996, those returns had improved to 14.7%. During that 10-year period, almost a quarter of the funds disappeared. These tended to be the worst performing funds, and once they exited the database, the survivors registered a cumulative 1.3 percentage point improvement — essentially accounting for all of the increase in returns.
The art equivalent of this are all of the works buried in attics and basements and, most impressively, in storage at museums. Take two big museums in New York: The Metropolitan Museum of Art‘s modern and contemporary art collection alone contains more than 12,000 works. Not far away, theMuseum of Modern Art has almost 200,000 modern works. Most of these wouldn’t fetch nine figures at auction.
It is human nature to look at big winners after-the-fact, while failing to include the impact of the losers. It is not what we see that matters so much as what we do not see.
Other collectible luxury items similarly attract attention from time to time. Fine wine has been popular, as have collectible cars. Recall the end of 2018, which was a disappointing year for U.S. equities, and an even worse one for overseas stocks. The Wall Street Journal reported that luxury goods such as wine, art, classic cars and exotic colored diamonds did better than stocks and bonds in 2018. Well, not exactly. It’s only after we adjust for all of those items that weren’t counted in the investment-returns analysis that we can make a sound judgment about performance.
This is the problem with drawing any conclusions from these sorts of one-off events or sales of greatly appreciated novelty assets. Mutual funds are assets designed to appreciate and be held cheaply, but the same cannot be said for these other collectibles. Everything from art to antique Ferraris to fine wine to jewelry requires storage and insurance — costs that can add up.
Author and investment adviser William J. Bernstein points out that much of the appreciation in art and other collectibles is really just a lesson in the magic of compounding. One painting by one of the Old Masters bought from the artist for the equivalent of $100 and sold 350 years later for hundreds of millions of dollars returned just 3.3 percent annually, he calculated. “If you save and you have even a modest rate of return over hundreds of years, then you’ll have a fabulous amount of money” he said on our Masters in Business podcast.
Selecting appreciated investments after the fact is easy. Instead, consider this challenge: What work of art are you willing to buy and hold for sale in 2052? That question reveals just how difficult investing in collectible assets really is.
1. Bank of America even offers a service to provide wealthy customers with “solutions for collectors and institutions while helping to navigate the complex art world.”
Steve Cohen Outed as Mystery Buyer of $91 Million Koons Bunny (May 21, 2019)
I originally published this at Bloomberg, May 16, 2019. All of my Bloomberg columns can be found here and here.
September 12, 2014 10 Friday AM Reads
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Cap on SALT: Retail impact or Not?
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Rakul Preet Singh, COVID-Negative Now, Is “Feeling Absolutely Fine”
Rakul Preet Singh shared this image. (courtesy rakulpreet)
“Thank you for all your wishes and love,” tweeted Rakul Preet Singh
“Can’t wait to start 2021 with good health and positivity,” she added
Rakul Preet’s next project is ‘Mayday’
Actress Rakul Preet Singh shared an update on her health on Tuesday afternoon and revealed that she has now tested negative for COVID-19. The actress, who had contracted the virus last week, added that she is “feeling absolutely fine now.” She tweeted: “Happy to share that I have tested negative for COVID-19. I am feeling absolutely fine. Thank you for all your wishes and love. Can’t wait to start 2021 with good health and positivity.” She signed off her tweet by asking her fans to adhere to safety precautions and wrote: “PS_ Let’s be responsible, wear masks and take all precautions.” She added, “Thank you for the love.”
Read Rakul Preet Singh’s tweet here:
Thankyou for all the love pic.twitter.com/XwhHtMubKf
— Rakul Singh (@Rakulpreet) December 29, 2020
Last week, Rakul Preet announced that she had contracted the virus and wrote: “I’d like to inform everyone that I have tested positive for COVID-19. I have quarantined myself. I am feeling fine and will rest up well so that I can be back at shoot soon. Request everyone who met me to kindly get yourself tested. Thank you and please stay safe.”
pic.twitter.com/DNqEiF8gLO
Rakul Preet Singh, a former model, made her Bollywood debut with Divya Khosla Kumar’s Yaariyan in 2014. She also starred in Neeraj Pandey’s Aiyaari, co-starring Sidharth Malhotra. Rakul Preet also featured in De De Pyaar De, with Ajay Devgn and Tabu. She was also a part of Marjaavaan, alongside Sidharth Malhotra and Tara Sutaria. Besides Bollywood, the actress has also starred in Kannada, Telugu and Tamil films.
The actress will next be seen in an untitled cross-border love story. The film stars Arjun Kapoor in the lead role. It also features John Abraham and Aditi Rao Hydari in pivotal roles. Rakul Preet Singh recently signed Mayday. The actress will play the role of a pilot in the thriller-drama, which will be directed and produced by Ajay Devgn. The film also stars Amitabh Bachchan.
TaggedRakul Preet SinghRakul Preet Singh COVID negative
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Home BUSINESS Uganda’s first Airbus A330neo arrives
tHE airbus a330Neo landing at Etebbe International Airport on Tuesday; Courtesy Photo
The AIRBUS A330, one of the two aircrafts Uganda procured for long-haul flights, landed at Entebbe International Airport Tuesday morning.
Procured from French Airbus company, an AIRBUS A330Neo has a capacity of 20 in business, 24 in premium economy and 210 in economy class. The Airbus receiving ceremony at Entebbe International Airport was officiated by the President of Uganda His Excellency Yoweri Kaguta Museveni.
In an interview with reporters, Works and Transport minister, Gen Katumba Wamala disclosed that the government fully completed the payment of the aircraft that he says will give Uganda Airlines an operational advantage of being able to make direct flights to big cities all over the world.
Wamala and other government officials travelled to France last week to inspect the plane and the necessary paper work before it was flown to Uganda.
The A330neo is powered by Rolls-Royce’s latest-generation Trent 7000 engines and features a new wing with an increased span. The cabin provides the comfort of the new airspace amenities including state-of-the-art passenger in-flight entertainment and Wi-Fi connectivity systems, amongst others.
The plane’s cabin provides the comfort of the new Airspace amenities including state-of-the-art passenger in-flight entertainment and Wi-Fi connectivity systems, amongst others.
Uganda Airlines started with four Bombardier CRJ900 aircraft in August 2019 and they have been majorly flying within the East African Community and beyond.
Previous articleUGANDA: Court stays Suspension of NGO’s planning to Observe 2021 Elections
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Creating a Community of Action
As a rabbinical student, one of my greatest aspirations is to learn how to build and strengthen communities. In many ways, my future rabbinate will be defined by my ability to create community and sustain it within the framework of my congregation. This past summer, I was gifted the opportunity to build a community where there was none.
Partnering with the Bruggeman Center for Dialogue at Xavier University, I set out to create a cross-campus interfaith community engaging students from the University of Cincinnati, Xavier University, and Northern Kentucky University. Supported by my Jewish Foundation of Cincinnati fellowship mentor, Dr. James Buchanan, I envisioned a collaborative and ongoing interfaith community of student leaders engrossed in the participation of service-oriented interfaith programming. Dr. Buchanan and I worked together to create a framework of programs and outreach strategies, and I set off to create the new interfaith community.
We were able to organize a number of successful events that brought together students from diverse backgrounds. For example, our interfaith group volunteered at Matthew 25, a Christian nonprofit organization in Cincinnati which services relief efforts all around the world. Our work with Matthew 25 acted as a catalyst for ongoing conversations about volunteering within a religious framework. We held a series of community building events and open dialogues where we discussed the role that religion plays in our own volunteering efforts. Additionally, we worked toward integrating our respective faiths into a myriad of service opportunities.
The relationships formed during our summer events were heartwarming and genuinely inspiring. I consider myself lucky to have been able to work with such a wide range of motivated and dedicated young men and women. These students were truly committed to creating for themselves a community centered on a shared willingness to serve others while participating in a multifaith organization. Through conversation and action, we achieved these goals and engaged in a fulfilling service project.
While all this was energizing, I have unfortunately witnessed this interfaith group stagnate without service events to organize around. It has been unsurprising yet disappointing to observe our Facebook message board, once filled with lively conversations, remain devoid of notifications over the last few months. The rise and fall of this particular interfaith group is far from unique. The service-oriented programming was the raison d’etre for this group, and without it there has been no need for communication or continuity. A successful community demands a commitment to action.
Judaism provides a model for this notion. Jews have long constituted a society defined not exclusively by a set of beliefs or dogmas but rather by common practices. Our religious rituals and mores have bound us together as a Jewish community for millennia. It is our services, ceremonies, and rituals that tie us together as a faith community. Without ritual, without action, we would be left with a belief system detached from our tangible earthly experience. It is a commonly held belief that the early Zionist thinker Ahad Ha’am once said, “more than the Jews have kept the Sabbath, the Sabbath has kept the Jews.” one can extrapolate the meaning of this quote to include a myriad of our Jewish rituals. What Jews do is of upmost importance.
In the case of my cross-campus interfaith community, we are left in a state of shared belief without shared action. We know that a common passion for interfaith engagement and service-oriented programming binds us together, but without an event to physically bring us to the same space, we remain separated and apathetic. Luckily, the solution is readily available. The relationships and infrastructure have already been built; this interfaith community only needs the next event to motivate them to engage and act. Similarly, the Jewish community survives and thrives because of our commitment to our ritual actions. As a future rabbi I hope to tap into this preexisting communal organizational strength and, by doing so, continue to build strong communities within my congregation and within the Jewish community at large.
Rob Gleisser is a third-year rabbinical student at HUC-JIR studying on the Cincinnati campus.
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Fine Print of Obama’s EPA Rules Reveal Huge Giveaways to Big Coal and Gas
September 22, 2013 by Source
Obama can’t fight ‘war on coal’ by giving industry $8 billion in government subsidies, say critics.
By Jacob Chamberlain/ Common Dreams
The Environmental Protection Agency announced new regulations for the energy industry on Friday which will limit, for the first time, the amount of carbon that gas- and coal-fired plants can emit into the atmosphere.
And though many of the larger environmental groups in the country welcomed the new restrictions, more critical observers of the EPA announcement argue the rules don’t go far enough in terms of limiting emissions. Meanwhile the Obama administration, in fact, is preparing to use huge amounts of public money to prop up the U.S. coal industry.
Such a scheme, according to one critic, “will make only modest cuts to power plant emissions” at a moment in history when much more dramatic actions are needed.
The EPA is holding a 60-day public comment period on the rules, and if changes are not made, the new regulations would compel newly constructed plants to limit their carbon emissions to 1,100 lbs of carbon per megawatt hour of energy produced.
This limitation, specifically when it comes to new coal plants, would demand implementation of what is called “carbon capture and sequestration” systems that would, in theory, contain emissions by pumping the plant’s pollution back into the ground.
However, the problem with this technology, as many experts have said: it simply doesn’t exist.
This, in many ways, is why many of the larger green groups, including NRDC and Sierra Club, spent much of Friday championing the announcement. If the technology is unproven, then the plant owners cannot meet the standard, and the welcome result is that no new coal plants can be built.
“No longer will new electric plants be allowed to endanger our health with unchecked carbon pollution and the climate change it causes,” said NRDC president Frances Beinecke in a laudatory statement after the EPA rule was announced. “Instead, our nation can start creating a 21st century power fleet—one that uses the latest clean technologies and reduces the threat of climate change.”
“The EPA’s proposed carbon pollution standards will protect Americans from dangerous air pollution, protect our communities from harmful carbon pollution, and strengthen our economy with clean energy jobs.,” said Nia Martin-Robinson, an organizer with Sierra Club’s Beyond Coal campaign.
But, of course, there’s a catch.
Pushing back against the idea the Obama has somehow initiated a “war against coal”—an argument used by Republicans and Conservatives to blast the new rules and conversely used by groups like NRDC and Sierra to champion them—the Campaign for America’s Future Bob Scher asked his readers to take a closer look at the proposal.
Citing New York Times reporting which shows the Obama administration plans to support the fossil fuel industry with “as much as $8 billion” in order to help it build the “cleaner” plants the rules will require, Scher concludes that “Obama is not launching a war on coal. He’s bending over backwards to keep coal viable.”
And the Center for Biological Diversity, striking a much more adversarial tone than its larger environmental colleagues, declared the EPA rules and Obama’s effort are far too imperfect to adequately address the climate crisis facing the country and the planet.
“If we’re really serious about tackling the climate crisis – and morality dictates that we must be – we just have to do more than this,” said Bill Snape, the Center’s senior counsel. “That means a stronger rule for power plants and other serious measures that lead to deep cuts in greenhouse emissions.”
According to CBD, the EPA announcement is aimed at fulfilling the Obama administration’s pledge to put the United States on the path to cutting greenhouse gas emissions by 4 percent below 1990 levels by 2020. But such a reduction, the groups says, falls far short of what the U.S. pledged in the Kyoto Protocol and would not be enough to avert catastrophic temperature increases, sea level rise, droughts, floods and other climate disruption.
“These modest measures to cut power plant pollution are not enough to address the worsening climate crisis,” Snape said. “We see the signs of climate chaos around us every day, whether it’s catastrophic storms or shattered temperature records. If we don’t get our act together now and make serious cuts to greenhouse gas emissions, we’ll put our country at risk and damage our climate beyond the ability of future generations to repair.”
As Associated Press reports, the proposed rule “won’t immediately affect plants already operating, it eventually would force the government to limit emissions from the existing power plant fleet, which accounts for a third of all U.S. greenhouse gas emissions.”
The EPA will not touch those emissions until next summer when a new set of rules are expected to be released.
Filed Under: Activism, Business, Environment, Government, Health, Politics
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You are here: Home / News / Wills & Estate Planning / Trusts and Family Trusts
Trusts and Family Trusts
A Trust has an obligation on a person to hold property or income for a particular purpose on behalf of another person or people. There are a number of different types of Trusts:
Discretionary trusts;
Unit trusts (public and private);
A combination of a unit and discretionary trust (hybrid);
Fixed trusts;
Testamentary trusts; and
Inter vivos trusts.
The essential elements of a Trust are:
A constituent document (Trust Deed), although a Trust can be created orally or be implied;
Trust property;
Beneficiaries;
Principal or Appointor;
Trustee;
Settlor; and
Obligations in relation to the Trust property as set out in the Trust Deed.
For Tax Law purposes, a Trust is considered to be a separate legal entity, although this is not the case in general law. In any event, the Trust is required to determine its Net Trust Income and lodge an Income Tax Return. If the Trust has net distributable income, then that income will generally be distributed to the Trust Beneficiaries and returned as income by them in their respective Income Tax Returns.
The advantages and disadvantages of Trusts vary depending on the type of Trust. A major disadvantage of a Trust partnership is that it cannot distribute losses to Beneficiaries. The major advantage, particularly in the case of a Discretionary Trust, is the ability to split income amongst the Trust pool of Beneficiaries.
A written Trust Deed is very important. The Tax Office is very reluctant to accept the existence of a Trust that has not had its terms reduced to writing.
The term “Family Trust” usually refers to a type of Trust that is legally known as a Discretionary Trust. Discretionary Trusts typically have a full discretionary class of Beneficiaries made up mostly of family members, however, they may have Beneficiaries that fall outside the family group for tax purposes, if the Trustee makes distributions outside the family group.
A Discretionary Trust is a structure which allows someone (the Trustee) to hold assets on behalf of others (the Beneficiaries), and distribute the income generated from those assets to potential Beneficiaries at the discretion of the Trustee. The Trustee decides who receives income from the Trust each year and how much each person will receive. The Trustee may exercise his, her or its discretion for the benefit of one Beneficiary to the exclusion of another.
The Beneficiaries have no legal right to the capital of the Trust, and only receive distributions at the discretion of the Trustee. The right to income in the Trust is merely an expectation.
Generally, the Trustee of the Trust does not pay tax on the income earned by the Trust. However, any income that the Trustee distributes to a Beneficiary will be assessable to the Beneficiary. The income distribution may include franking credits, and also some tax-free or tax deferred components that may reduce the Beneficiary’s personal income tax liability.
For tax purposes, a Trust becomes a “Family Trust” if the Trustee makes an election to treat it as such. The election must specify a year of income from which it is to take effect. It must also specify one individual whose family group is to be taken into account.
Once the individual is specified, the Trust can only make distributions to this individual’s family group. Distributions made to others outside the family group may include penalty tax of 46.5%.
The two main advantages of a Discretionary Trust becoming a Family Trust (by making the Family Trust election) are as follows:
A Trust’s loss cannot be distributed to Beneficiaries but must be carried forward to offset future year Trust income. To carry forward a loss, there are a number of tests that the Trust must satisfy, which can often prove very difficult.
By making a Family Trust election, the provisions of the Trust’s loss rules are effectively 1/8th, provided the Trust only makes distributions within the family group. Family Trusts only need to satisfy one test to carry forward losses (a modified income injection test).
By making a Family Trust election, you can ensure that franking credits on any dividends paid on shares held by the Trust can be passed onto Beneficiaries. Otherwise, this may not be the case.
Some of the main advantages of a Discretionary Trust include:
The ability to split Capital Gains and Franked Dividend Income between family members in order to take advantage of tax-free thresholds and lower rates of marginal tax among family members;
The ability to stream certain types of income to nominated individuals (although the ability to stream has been curbed somewhat);
Asset protection;
Estate planning issues; and
Social security planning.
Contact us to find out more or to arrange a consultation with an experienced lawyer in Sydney CBD.
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Joondalup Wolves, MSBL News, SBL
WHEN you have been the dominant team of the last decade with a 72 per cent winning record there’s little reason to change, but there’s always fine tuning to make after losing three Grand Finals and that’s what Wolfpack coach Ben Ettridge has looked to do in 2019.
It has been a remarkable decade of dominance in the Men’s SBL by the Joondalup Wolves as they have won 186 of 260 games over the past 10 regular seasons.
That has seen them a regular championship threat and they have won titles in 2011 and 2015 while also reaching the Grand Final in 2013, 2016, 2017 and 2018.
In seven of those 10 seasons they have lost single figure games in 26-match campaigns and it has been more of the same in 2019 as they have secured another regular season championship with a 20-6 record.
To be consistently so good for so long has been a remarkable feat by coach Ben Ettridge and everyone at the Wolves from the staff down to the playing group and volunteers with them having played in the past four Men’s Grand Finals.
ROOKIE CAMIDGE DESPERATE FOR WOLFPACK SUCCESS
But the key to any successful organisation is that drive to continue to find ways to improve and while losing the past three Grand Finals is obviously enough to motivate anyone, you get the feeling that push to continue to grow and remain the best would still be there with the Wolfpack.
In terms of player personnel, there was no need for the Wolves to change much with Seb Salinas, Ben Ironmonger, Sean Easther, Trian Iliadis, Reece Maxwell, Rob Huntington and Damian Matacz all committed to return.
But losing last year’s MVP Jalen Billups and point guard Brian Sullivan took some replacing with the Wolves welcoming back championship-winning centre Kevin Davis while also adding in Earnest Ross and Ridell Camidge to add to their firepower.
Add that into the fact that young players Lachlan Strelein, Joel Offereins and Sam Curtis are playing more minutes and having career-best seasons, and it’s quite the impressive unit that Ettridge is entering the finals with starting with Game 1 of the quarter finals against Kalamunda at HBF Arena on Saturday night.
In terms of the additions of Davis, Camidge and Ross, Ettridge couldn’t be happier with what they are providing for the Wolves.
“You know what you are going to get with Kev and he’s going to compete, he’s going to change some shots and he’ll always be around the rim to give you that rebounding presence. He’s a great defender and probably the linchpin of our defence and what we try to do,” Ettridge said.
“Then there’s EJ and he’s an MVP-calibre player and on his night he is as good as anyone in this league, and Ridell has slotted into his role and he can have a 14-point run in four possessions, he’s that type of player.
“If they’re on, it just means Robbie, Trian and Seb and deliver for us consistently. Ben Ironmonger and Sam Curtis have been great and it’s that old adage that you don’t change a lot, but tweak what you need to do and hopefully we have the talent to get it done.”
While there was a relatively small turnover personnel wise for the Wolves in 2019, what Ettridge sees as the biggest change they’ve made is the fact that he and the coaching staff have now given the playing group more freedom to make their own decisions that ever before.
Ettridge was looking for ways to continue to get the most out of his group and he felt entrusting them more and more to decide what offences or defences to run, and ultimately what shots to take would be something worth giving a go and he’s happy with how it’s gone to date.
“We’ve probably given a bit more freedom to the guys than ever before this year. Having people like Joel Questel and Brian Sullivan as your point guards meant I had a really good communication with what I wanted done, but I’ve given a bit over to the boys this year to let them make those decision,” Ettridge said.
“In turn you become a bit more unpredictable by doing that but it’s because you have the trust in the guys who have got us to where we have been for the last five or six years.
“So now it’s time for the players to take the steering wheel a bit more and that might be why we are a bit more disjointed offensively, but when you have as much talent on the floor as we do you have to give them that opportunity to do it.
“Ultimately they are the ones who are making the decisions and they’ll make the shots or not. But if they think it’s the best shot to take, we’ll live with that and that’s probably the biggest difference this year.”
By no means is the trust he is placing in his players meaning that Ettridge isn’t putting in the same amount of work as a coach as ever before and that he’s not as prepared to direct things from the sidelines when required.
But ultimately he has changed the way he has coached and is communicating with the group because it’s what he felt would work for the best of everyone involved, and he sees no reason to think that was a wrong decision at this point.
“You still have every scenario covered off and all that, but it’s about getting them to understand that there is a method to your madness and understanding what they need. Right now, this team doesn’t need me standing on the sidelines yelling and screaming,” Ettridge said.
“They need me sitting in the middle of the bench talking to them about what’s going on and what I’m seeing. That’s a change that I’ve consciously made to not sit at the top of the bench, but sit in the middle to improve that communication and let Luke, Ben and Fraser think through the game.
“Then when they walk down to talk to me they are delivering that message to the guys either side of me as well so we are all sharing that message. That was about working out what I could do to get better and give the guys what they need.
“They needed more of me being in the middle and that’s just about what we need right now. Next year or the year after when we have a lot younger of a team, we might go back to me being up there and being more in control, but hopefully through them coming through that won’t be all I’m doing.
“Hopefully they’ve learnt how to play and what we do. Our win-loss record might not always be that high, but you go through ups and downs, and you just deal with whatever situation you are handed.”
Whether it’s former players like Greg Hire and Brad Robbins or the current veterans Seb Salinas, Rob Huntington, Damian Matacz and Trian Iliadis, or a superstar like Earnest Ross or import Kevin Davis, what stands out to Ettridge over this remarkable run of success is the calibre of people he’s got to work with.
There’s no question that Ettridge’s ability to coach and his basketball brain is a significant reason why the Wolves have been so good for so long.
But at the same time, he can’t help but feel privileged for the quality of players he’s coached and who have sacrificed their own individual numbers at times for the good of the whole team.
“For me it’s about these guys letting me coach them. Greg Hire let me coach him for two years and was phenomenal. Brad Robbins let me coach him for two years and they let me tell them what we were going to do,” Ettridge said.
“Damian Matacz, one of the greatest players this league has ever seen, he has allowed me to coach him. Seb Salinas was already a 200-game All-Star when I came here and he put his ego in his back pocket and allowed me to coach him.
“Trian Iliadis had four years at Old Dominion, Robbie Huntington and I could go on. These guys have sucked it up and understood that we have to get over ourselves and the person with the smallest ego has to be the coach to get it done.
“You can’t be that one that makes it all about you and that’s what it’s been. It’s almost like a relationship that we’ve had and these guys have been outstanding in coming to a collective decision as to what we want to do and giving me the privilege of being able to coach them. That has been out strength all the way through, these guys just go out and play hard for each other.”
Now that the Wolves enter the finals again in 2019 as top seeds, Ettridge is looking forward to bringing as much basketball as possible over the next four weeks to the Joondalup fans as they attempt to qualify for a fifth successive Grand Final.
“Now with the new finals format with the metro teams it gives you that home court advantage right away and having that first game on your home court is big,” Ettridge said.
“And it’s a reward for your association and fans as well to see you a couple of extra times. You are looking to get any advantage you can and a home court advantage in the finals all the way through is great for you.”
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Home > News > Students Skype James May
Students Skype James May
7th April 2014 News
A number of students took part in a Skype call with Lancaster alumnus and Top Gear co-presenter James May. The event run by Fresherwear, an up-and-coming student project which seeks to capture student lifestyle and creativity by putting on exciting events each week. The event was held in the Management School on Wednesday Week 1, Summer Term.
May, who graduated with a music degree in 1985, spoke about a variety of topics, including the importance of a university degree on one’s life. He dismissed the opinion that most degrees are of little value to someone’s job after graduating, describing how his own degree ‘opened his mind’. He explained how the analytical skills and creative mind-set he developed at Lancaster turned him into a well-rounded opinionated person and made him an employable journalist in the early 80s.
May shared some of his memories from Lancaster, including times in the college bars, the Sugarhouse and the Waterwitch, as well as some pubs that are no longer around. He told students that the accommodation has greatly improved since he was living in Pendle, when ‘the rooms were a little bit smaller than the beds.’ He also recalled a challenge which involved getting from one end of the campus to the other on top of the spine. This is no longer possible, and SCAN strongly advises readers do not attempt it.
The Skype call was open to questions from the audience, one of which was how to make a profit through online media. James agreed that it is a problem people are currently looking for answers to, as everyone can be a journalist, a writer or a film maker with the web’s free open platform. “In a way, it’s a good thing,” May said. “The internet is democratizing what we read and watch because there is so much to choose from and we can become our own filters of what is good and what isn’t.”
A topic that many students were interested in was what goes on behind the scenes at Top Gear. When asked as to how staged the show is, May explained that there is a general plan for what is going to happen in each episode, including perhaps some things that might look spontaneous, “although a lot of them really are spontaneous” he said. He explained that none of the presenters’ dialogue is scripted, and that when choosing races they make sure they will be close to make entertaining viewing.
May was also asked what he is like on the road when not on Top Gear. He claimed to never having broken a speed limit, as he uses racing tracks to “get it out of [his] system,” which he said is very cheap for people to do now all across the country. “Speed is like farting,” May joked, “you have to know when it’s appropriate.”
“The conversation was good fun,” said second year English Language student Erik Apter. “James was very down-to-earth and interesting to speak to, and nothing he said shattered any preconceptions I might have had from watching him on TV.”
May offered a final note of encouragement to students to work hard at their degrees, stating that he thinks university has become even more important since he graduated due to the ever-competitive job market. “You lot take things seriously now,” he said. “And rightly so. We just used to vomit all the time.”
50th anniversary, james may
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Morecambe MP raises question of where students should vote
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Lancaster Music Society to host first University Brass Band Championships
A spotlight on: Karl Lagerfeld
Anguish for Cambridge as collision gifts Oxford victory in the 160th Boat Race
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A Sky Beyond the Storm (#4 Ember Quartet)
Author(s): Sabaa Tahir
Prepare for the jaw-dropping finale of Sabaa Tahir's beloved New York Times bestselling An Ember in the Ashes fantasy series, and discover: Who will survive the storm?
Picking up just a few months after A Reaper at the Gates left off... The long-imprisoned jinn are on the attack, wreaking bloody havoc in villages and cities alike. But for the Nightbringer, vengeance on his human foes is just the beginning. At his side, Commandant Keris Veturia declares herself Empress, and calls for the heads of any and all who defy her rule. At the top of the list? The Blood Shrike and her remaining family. Laia of Serra, now allied with the Blood Shrike, struggles to recover from the loss of the two people most important to her. Determined to stop the approaching apocalypse, she throws herself into the destruction of the Nightbringer. In the process, she awakens an ancient power that could lead her to victory--or to an unimaginable doom. And deep in the Waiting Place, the Soul Catcher seeks only to forget the life--and love--he left behind. Yet doing so means ignoring the trail of murder left by the Nightbringer and his jinn. To uphold his oath and protect the human world from the supernatural, the Soul Catcher must look beyond the borders of his own land. He must take on a mission that could save--or destroy--all that he knows.
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Home » Kids (13 and under) » Juvenile Nonfiction
For Lady Gaga, kindness is the driving force behind everything she says and does.
The quiet power of kindness can change the way we view one another, our communities, and even ourselves. She embodies this mission, and through her work, brings more kindness into our world every single day.
Lady Gaga has always believed in the importance of being yourself, being kind to yourself, and being kind to others, no matter who they are or where they come from. With that sentiment in mind, she and her mother, Cynthia Germanotta, founded Born This Way Foundation, a nonprofit organization dedicated to making the world a kinder and braver place. Through the years, they've collected stories of kindness, bravery and resilience from young people all over the world, proving that kindness truly is the universal language. And now, we invite you to read these stories and follow along as each and every young author finds their voice just as Lady Gaga has found hers.
Within these pages, you'll meet young changemakers who found their inner strength, who prevailed in the face of bullies, who started their own social movements, who decided to break through the mental health stigma and share how they felt, who created safe spaces for LGBTQ+ youth, and who have embraced kindness with every fiber of their being by helping others without the expectation of anything in return.
In one story, you'll read about a young person with an autoimmune disease, who after being bullied at school, learned how to practice self-love and started an organization with the mission of educating others about the importance of self-love, too; and in another story, you'll meet a young person who decided to start a movement to help eliminate the stigma surrounding mental health and encouraged others to talk about their feelings openly and honestly, a reminder that kindness and mental wellness go hand in hand.
Not only were we moved by these individual acts of kindness, but we were also touched by the many stories of organizations, neighborhoods, and entire communities that fully dedicated themselves to helping those in need and found new, innovative ways to make our world a kinder and braver place.
Individually and collectively, these stories prove that kindness not only saves lives but builds community. Kindness is inclusion, it is pride, it is empathy, it is compassion, it is self-respect and it is the guiding light to love. Kindness is always transformational, and its never-ending ripples result in even more kind acts that can change our lives, our communities, and our world.
Feiwel, Friends
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200 – Offense Conduct, Generally (Chapter 2)
210 Homicide, Assault (§2A1 -2)
215 Sexual Abuse, Kidnapping, Air Piracy, Threatening Communications (§2A3 -6)
218 Fraud
220 Theft, Embezzlement, Burglary (§2B1 -2)
224 Robbery, Extortion (§2B3)
226 Commercial Bribery, Counterfeiting, Forgery, VIN Nos. (§2B4 -6)
230 Public Officials, Offenses (§2C)
240 Drug Offenses, Generally (§2D)
290 RICO, Loan Sharking, Gambling (§2E)
300 Fraud (§2F)
310 Sexual Exploitation of Minors (§2G)
315 Civil Rights, Political Offenses (§2H)
320 Contempt, Obstruction, Perjury, Impersonation, Bail Jumping (§2J)
345 Espionage, Export Controls (§2M)
348 Food, Drugs, Odometers (§2N)
350 Escape, Prison Offenses (§2P)
355 Environmental Offenses (§2Q)
360 Money Laundering (§2S)
370 Tax, Customs Offenses (§2T)
380 Conspiracy/Aiding/Attempt (§2X)
390 “Analogies” Where No Guideline Exists (§2X5.1)
340 Immigration Offenses (§2L)
330 Firearms, Explosives, Arson (§2K)
§210 Homicide, Assault
(U.S.S.G. §§2A1-2)
Supreme Court reverses where facts on which court relied at sentencing failed to establish the more serious charge of attempted killing. (210) Defendant pleaded guilty to assault and firearms counts but not guilty to the more serious charge of attempting to kill a United States marshall. At the plea hearing, the government presented the facts of the crime to provide a factual basis for the pleas, and the defendant agreed with the facts as the government characterized them. Relying on § 1B1.2(a), over the defendant’s objections, the court sentenced defendant as though he had been convicted of attempted killing, the only charge to which he had not confessed guilt. The Supreme Court reversed, ruling that the facts as stated by the prosecutor were not sufficient to establish an attempt to kill under 18 U.S.C. § 1114. Accordingly, defendant’s sentence based upon the guideline for that offense could not stand. Braxton v. U.S., 500 U.S. 344, 111 S.Ct. 1854 (1991).
9th Circuit says increase for strangling spouse did not double count assault offense level. (125)(210) Defendant assaulted his spouse in Indian Country and pleaded guilty to violating 18 U.S.C. § 113(a)(8). At sentencing, the district court used § 2A2.2(a) for the base offense level, and added three levels under § 2A2.2(b)(4) because defendant had strangled his spouse. Defendant argued that because his offense involved strangling his spouse, it was improper double counting to apply both § 2A2.2(a) and § 2A2.2(b)(4). The Ninth Circuit rejected the argument, holding that that § 2A2.1(a) does not necessarily capture the conduct detailed in § 2A2.2(b)(4) and therefore using § 2A2.2(a) and § 2A2.2(b)(4) was not improper double counting. U.S. v. Harrington, __ F.3d __ (9th Cir. Dec. 24, 2019) No. 18-30141.
4th Circuit reverses probation sentence for assault where court failed to justify sentence. (210) Defendant pleaded guilty to assaulting his newborn child on a military base. His guidelines range was 33 to 41 months but the district court sentenced him to five years’ probation. At sentencing, the district court asked repeatedly about the victim’s mother and the length of her maternity leave. The government appealed, and the Fourth Circuit reversed, finding that the district court failed to provide adequate reasons to allow meaningful appellate review. The panel added that it would be inappropriate to base the sentence on the mother’s availability to prevent the abuse. U.S. v. Provance, __ F.3d __ (4th Cir. Dec. 3, 2019) No. 18-4786.
7th Circuit upholds within-guidelines life sentence despite mitigation claims. (210)(215)(742) Defendant kidnapped a woman, raped her, set her on fire, and left her to die. He pleaded guilty to kidnapping, attempted murder, and using fire to commit a felony. While in pretrial detention, he threatened to kill a caseworker and pressed a homemade knife against her throat. At sentencing the district court imposed a guidelines sentence of life in prison. Defendant argued that his sentence was substantively unreasonable because the district court failed to address his acceptance of responsibility as a mitigating factor and instead based its sentence on aggravating factors. The Seventh Circuit found no error, noting that the district court “at least implicitly” considered defendant’s acceptance of responsibility by noting that defendant often minimized his role in his crimes. U.S. v. Clay, __ F.3d __ (7th Cir. Nov. 25, 2019) No. 19-1223.
7th Circuit upholds use of murder guideline for RICO conspirator. (210)(290) Defendant pleaded guilty to RICO conspiracy pursuant to a plea agreement in which defendant admitted participating in a gang that expected him to kill rival gang members, he shot at rival gang members on five occasions, and he led a local chapter of the gang. At sentencing, the district court relied on the guideline for conspiracy to commit murder, § 2A1.5, in part because of defendant’s admissions in his plea agreement. Defendant argued that murder was not reasonably foreseeable to him and he did not kill anyone. The Seventh Circuit held that murder was foreseeable to an active gang leader such as defendant and the district court properly used the murder guideline. U.S. v. Porraz, __ F.3d __ (7th Cir. Nov. 27, 2019) No. 18-3545.
1st Circuit upholds use of cross-reference to murder for driver of car. (210)(240) At defendant’s sentencing for drug and RICO offenses. The district court applied the cross-reference in § 2D1.1(d)(1) to increase defendant’s offense level because defendant participated in a killing that would constitute murder under federal law. Defendant argued that the cross-reference did not apply because he had only driven the car from which the killing occurred. The First Circuit held that the district court had not erred in applying the cross-reference because the evidence showed that defendant knew that the murder would be committed when he agreed to drive the car. U.S. v. Rodriguez-Torres, __ F.3d __ (1st Cir. Sept. 18, 2019) No. 16-1507.
8th Circuit affirms upward variance for accessory to murder who tried to destroy evidence. (210)(741) Defendant was present when another man murdered a woman; he tried to destroy DNA evidence on the body and participated in moving the body four times after the murder. He pleaded guilty to accessory to second-degree murder. The district court found that defendant’s guidelines range was 130 to 162 months but sentenced him to 180 months. On appeal, the Eighth Circuit rejected defendant’s argument that the district court did not adequately explain its sentence, finding that the court carefully considered the factors in 18 U.S.C. § 3553(a) by noting defendant’s extensive criminal history, the seriousness of the offense, and defendant’s participation in the offense. U.S. v. Quiver, __ F.3d __ (8th Cir. May 29, 2019) No. 18-2228.
8th Circuit approves first-degree murder cross-reference for trading gun used to kill woman. (210)(330) Defendant gave a 9mm firearm to an acquaintance in return for a .22 caliber firearm. The acquaintance used the 9mm gun to kill a woman. Defendant pled guilty to being a felon in possession of the .22 caliber firearm, and conspiracy to possess one or more firearms in furtherance of a drug conspiracy. The firearms guideline provides a cross-reference in 2K2.1(c)(1)(B) if the defendant transferred the firearm with knowledge that it would be used in connection with another offense and “death resulted.” Even though defendant was not charged with possessing the 9mm firearm, the district court applied the cross-reference and sentenced defendant under the first-degree murder guideline, §2A1.1. On appeal, the Eighth Circuit affirmed. Although the guideline limits the cross-reference to the firearm “cited in the offense of conviction,” that term encompasses all of the offense conduct. Because defendant was convicted of conspiracy, the district court correctly applied the cross reference. U.S. v. Edger, __ F.3d __ (8th Cir. May 23, 2019) No. 18-1594.
8th Circuit finds no double counting in attempted murder guideline. (125)(210) The guideline for attempted murder, § 2A2.1(a)(1) & (b)(1), sets a base offense level and also requires an enhancement if the defendant caused a life threatening injury to his victim. The Eighth Circuit found that the guideline did not engage in double counting by setting a base offense level and imposing the enhancement. It found that not every attempted murder results in a life-threatening injury. U.S. v. Bryant, __ F.3d __ (8th Cir. Jan. 22, 2019) No. 17-3523.
8th Circuit says strangling creates a substantial risk of death. (210) The guideline for attempted murder, § 2A2.1(b)(1)(A), requires a four-level enhancement in offense level if the victim suffered a life-threatening bodily injury. Defendant strangled his victim until she became unconscious. The victim suffered hemorrhages as a result of defendant’s choking her, as well as bruises and swelling. A forensic pathologist testified that that victim was unconscious for between 10 and 15 seconds. The Eighth Circuit found that the district court was not clearly erroneous in finding that the victim was rendered unconscious and that strangling a victim can result in life-threatening injuries. The court held that injuries resulting in a substantial risk of death need not be permanent. U.S. v. Bryant, __ F.3d __ (8th Cir. Jan. 22, 2019) No. 17-3523.
Commission defines “court protection order” and how to treat tribal court convictions. (210)(508) Responding to issues raised by the Tribal Issues Advisory Group, the Sentencing Commission added a definition of “court protection order” to section 1B1.1, incorporating by reference the definition of “protection order” in 18 U.S.C. § 2266(5). Three guidelines provide an increase for violation of a court protection order: §2A2.2 (Aggravated Assault), §2A6.1 (Threatening Communications), and §2A6.2 (Stalking or Domestic Violence). The Commission also provided guidance on how to apply the departure provision in §4A1.3 for defendants with prior tribal convictions. Proposed Amendment 1, effective Nov. 1, 2018.
3rd Circuit rejects Eighth Amendment challenge to life sentence for cyberstalking that resulted in death. (140)(210) Defendant was convicted of multiple counts related to the interstate stalking and cyberstalking that resulted in the death of Belford, her brother’s ex-wife. The Third Circuit rejected defendant’s claim that her life sentence violated the Eighth Amendment. The life sentence was authorized by statute and recommended by the sentencing guidelines. See 18 U.S.C. § 2261(b)(1); U.S.S.G. § 2A1.1. In sentencing defendant, the district court noted that she played an instrumental role in the conspiracy against Belford, whose death was a reasonably foreseeable consequence of the conspiracy. Thus, her life sentence did not violate the Eighth Amendment. U.S. v. Gonzalez, __ F.3d __ (3d Cir. Sept. 7, 2018) No. 16-1540.
9th Circuit finds that tennis shoes can be a dangerous weapon. (210) Guideline § 2A2.2(b)(2)(B) requires a four-level enhancement for a defendant convicted of assault resulting in serious bodily injury if defendant used “a dangerous weapon” during the assault. The guidelines define “a dangerous weapon” as “an instrument capable of inflicting death or serious bodily injury.” The Ninth Circuit held that tennis shoes could be “a dangerous weapon” when used to kick and stomp the victim in the head causing cognitive impairment. U.S. v. Swallow, __ F.3d __ (9th Cir. June 11, 2018) No. 16-30224.
9th Circuit reverses district court’s finding that assault was motivated by payment. (210) Defendant assaulted the victim, in violation of 18 U.S.C. § 113(a)(6), when the victim refused to buy drugs with money that defendant’s wife had given to the victim. At sentencing, the district court enhanced defendant’s sentence by two levels under § 2A2.2(b)(5) because it found that “the assault was motivated by a payment or offer of money or other thing of value.” The Ninth Circuit held that there was “no evidence” that defendant committed the assault in return for money. U.S. v. Swallow, __ F.3d __ (9th Cir. June 11, 2018) No. 16-30224.
8th Circuit affirms consecutive life sentences for second-degree murder of parents. (210)(742) A jury convicted defendant of the second-degree murder of his parents in Indian country. His advisory guideline range was 360 months to life, but the district court imposed two consecutive life sentences. The Eighth Circuit rejected defendant’s argument that the sentences were substantively unreasonable. The district court articulated many reasons for the life sentences. First, a life sentence was within the guidelines range had defendant murdered only one parent. Second, defendant “brutally murdered” his fleeing parents in view of his young daughter. Third, defendant’s criminal history (26 convictions by age 26) was evidence of his disrespect for authority. Fourth, defendant posed “a substantial risk to public safety,” given his anger and past violence. The court explicitly considered mitigating factors, such as defendant’s mental health, substance abuse, employment, and family life, as well as the need to avoid unwarranted sentencing disparity. The court’s finding of premeditation was not erroneous, despite the jury’s acquittal of first-degree murder charges. U.S. v. Lasley, __ F.3d __ (8th Cir. Aug. 12, 2016) No. 15-1738.
6th Circuit affirms that assault was assault to commit murder for racketeering. (210)(290) Defendant was convicted of racketeering and drug distribution conspiracy charges, and the district court found that defendant’s assault on Olivares was an assault with intent to murder under §2A2.1(a)(1). On appeal, the Sixth Circuit affirmed. Testimony suggested that defendant was upset because Olivares had previously taken cocaine from him. Defendant walked toward the truck where Olivares was sitting, and by the time Howell, one of defendant’s partners, got there, Olivares was unconscious, and defendant continued to “hit him a couple times through the window.” The assault continued, and Howell heard Olivares “gargling on his own blood” and then defendant said “[y]eah die motherfucker.” U.S. v. Rios, __ F.3d __ (6th Cir. July 21, 2016) No. 14-2495.
8th Circuit upholds 162-month sentence for voluntary manslaughter as reasonable. (210)(741) Defendant was involved in an drunken altercation with friends, and ultimately pushed one of them backwards down a flight of stairs. The group left the victim at the bottom of the stairs without calling for medical help, and the victim was found dead by police. Defendant pled guilty to voluntary manslaughter and assault with a dangerous weapon. The Eighth Circuit found her 162-month sentence substantively unreasonable, noting that the district court discussed defendant’s age, difficult upbringing, and lack of parental supervision. The court detailed the nature and circumstances of the offense and the need to provide just punishment. The court also addressed defendant’s history of substance abuse, and recommended that the Bureau of Prisons allow her to participate in a substance-abuse treatment program. After an upward departure for extreme conduct and dismissed conduct, the guidelines range was 130-162 months, and the 162-month sentence was appropriate. U.S. v. Brave Bull, __ F.3d __ (8th Cir. July 11, 2016) No. 15-2143.
9th Circuit says Commission had authority to promulgate offense level 43. (145)(210) At defendant’s sentencing for murder, the district court found that defendant had an offense level of 43. At every criminal history category, offense level 43 yields a life sentence. Defendant argued that the Sentencing Commission did not have authority under 28 U.S.C. §994(b)(1) to promulgate an offense level that did not proscribe a “range” of sentences. The Ninth Circuit held that level 43 corresponds to the mandatory minimum sentence of life in the federal murder statute, 18 U.S.C. §1111, and that where a single sentence is compelled by statute, a sentencing “range” is properly limited to that sentence. U.S. v. Pete, __ F.3d __ (9th Cir. April 11, 2016) No. 14-10370.
7th Circuit upholds cross-reference to criminal sexual abuse guidelines where victims were afraid of defendant. (210)(310) Defendant pled guilty to possessing and distributing illegal drugs and prostituting women. The applicable sentencing guideline for his interstate travel offense was §2G1.1. The district court applied a cross-reference to §2A3.1(a)(2), the criminal sexual abuse statute, finding that the offenses involved conduct described in 18 U.S.C. §2242: “caus[ing] another person to engage in a sexual act by threatening or placing that other person in fear….” The Seventh Circuit affirmed. Defendant exercised mental and emotional power over his victims, in addition to physical violence, in order to induce them to work as escorts. Each of the three victims testified that they were afraid of defendant and what would happen to them if they did not do what he said. Moreover, each victim was addicted to heroin and defendant controlled their supply based on their willingness to engage in sexual acts. As such, the district court correctly applied the cross-reference to §2A3.1. U.S. v. Guidry, __ F.3d __ (7th Cir. Mar. 16, 2016) No. 15-1496.
8th Circuit says 360-month mandatory minimum sentence did not permit downward variance. (210)(742) Defendant was convicted of the second-degree murder of his two-year-old daughter and assault resulting in serious bodily injury. The court sentenced him to the mandatory minimum sentence of 360 months. He argued that he should have received a downward variance because (1) he maintained his innocence; (2) his sentence would not deter future conduct; (3) he had raised six children; (4) he had a nonviolent past; (5) he had minimal contact with the criminal justice system; and (6) there was no need to provide him with additional training, education, or medical care. The Eighth Circuit rejected this argument, because 18 U.S.C. §3559(f)(1) required a mandatory minimum sentence of 30 years, and did not permit a guideline variance. U.S. v. Contreras, __ F.3d __ (8th Cir. Mar. 7, 2016) No. 14-3789.
8th Circuit says 360 months for second-degree murder of child was not cruel and unusual. (140)(210) Defendant was convicted of the second-degree murder of his two-year-old daughter and assault resulting in serious bodily injury. The court sentenced him to the mandatory minimum 360 months. He argued that the mandatory minimum in 18 U.S.C. §3559(f)(1) was unconstitutional as applied to him. He claimed that the government alleged at trial that he struck the girl in reaction to the stress of being late for work, i.e., the government was describing a “heat of passion” assault. The Eighth Circuit upheld the sentence. A sentence within statutory limits is generally not subject to review under the Eighth Amendment. U.S. v. Contreras, __ F.3d __ (8th Cir. Mar. 7, 2016) No. 14-3789.
5th Circuit finds sufficient evidence that defendant committed second degree murder during fraud. (210)(218) Defendant was convicted of deprivation of rights under color of law, bank fraud, and aggravated identity theft. The district court found that defendant had committed second degree murder in connection with the bank fraud counts, and applied the cross-reference in § 2B1.1(c)(3) to sentence defendant under § 2A1.2, the second degree murder guideline. The Fifth Circuit held that the government provided sufficient evidence to support the court’s finding of second degree murder. The court noted that the last credible sighting of the victim was on October 2, 2007, that defendant, a police officer, was on shift around that time, that defendant later came into possession of the victim’s debit card and car keys, and that the victim’s vehicle was later found abandoned under suspicious circumstances. Moreover, the court reached its ultimate conclusion—that defendant murdered the victim—after a thorough and fact-specific four-day hearing. Although no body was ever found, the court “identified substantial circumstantial evidence” which convinced it that defendant killed the victim and disposed of the body “for his personal financial gain.” U.S. v. Hebert, __ F.3d __ (5th Cir. Dec. 23, 2015) No. 14-31405.
5th Circuit says variance made it unnecessary to rule on cross-reference to murder guideline. (210)(218) (741) Defendant was convicted of deprivation of rights under color of law, bank fraud, and aggravated identity theft. The district court found defendant committed second degree murder in connection with the bank fraud, and applied the cross-reference in § 2B1.1(c)(3) to sentence defendant under § 2A1.2. The Fifth Circuit found it unnecessary to determine whether a federal bank fraud offense permits a cross-reference to the second degree murder guideline, because defendant’s 92-year sentence could be affirmed on the district court’s alternative ground, as an upward variance based on the murder. The district court conducted a fact-specific, four-day hearing where it heard evidence on the murder and defendant’s background. At sentencing, the court stated that it was considering a number of the 18 U.S.C. § 3553(a) factors in imposing the upward variance. While the 92-year sentence was a significant upward variance, the court specifically noted that the § 3553(a) factors merited an upward variance because defendant had abused his position of trust and authority as a police officer to take the victim’s life. Other courts have approved similarly significant upward variances where appropriate. U.S. v. Hebert, __ F.3d __ (5th Cir. Dec. 23, 2015) No. 14-31405.
10th Circuit upholds cross-reference to murder where co-conspirator died during attempted robbery. (210) (240) Defendant pled guilty to charges stemming from his involvement in a drug conspiracy. During the conspiracy, he organized the attempted robbery of a rival drug-dealer, recruiting DaRyan and his cousin to commit the robbery. During the attempted robbery, the dealer shot and killed DaRyan. Guideline § 2D1.1(d)(1) states that if a victim was killed under circumstances that would constitute murder, the court should apply § 2A1.1, the first-degree murder guideline. The Tenth Circuit upheld the district court’s use of the § 2D1.1(b)(1) cross-reference, concluding that a preponderance of the evidence connected DaRyan’s death with the drug-trafficking conspiracy. The evidence suggested that DaRyan, who lived with defendant, was selling marijuana and possibly cocaine on defendant’s behalf. The purpose of the robbery was to steal a kilo of cocaine. Even if DaRyan was not a member of the conspiracy, defendant more likely than not procured the commission of this robbery of another drug-dealer so he could (a) eliminate any competition to the drug-trafficking conspiracy, and (b) sell the stolen cocaine to benefit the conspiracy. U.S. v. Craig, __ F.3d __ (10th Cir. Dec. 22, 2015) No. 14-3185.
2nd Circuit upholds cross-reference to § 2A1.5 in murder-for-hire case. (210)(290) Defendant was convicted of conspiracy to commit murder-for-hire and the substantive offense of murder-for-hire, in violation of 18 U.S.C. §§ 1958, 2. Note 1 to U.S.S.G. § 2E1.4 states that “[i]f the underlying conduct violates state law, the offense level corresponding to the most analogous federal offense is to be used.” The Second Circuit held that the district court properly used § 2E1.4, Note 1, to calculate defendant’s offense level based on § 2A1.5, rather than § 2E1.4 itself. Although § 2E1.4 is the provision specifically indexed to 18 U.S.C. § 1958 in Appendix A, the Application Notes that accompany § 2E1.4 specifically instruct the district court to use “the offense level corresponding to the most analogous federal offense” in the event that “the underlying conduct violates state law” and the offense level is greater than 32. The First and Eighth Circuits have affirmed the use of this cross-reference prior to the last update of the April 30, 2015 amendments to the Guidelines. See U.S. v. Smith, 755 F.3d 645 (8th Cir. 2014); U.S. v. Vasco, 564 F.3d 12 (1st Cir. 2009). The Ninth Circuit also recently directed the use of the same cross-reference in U.S. v. Temkin, 797 F.3d 682 (9th Cir. 2015), in an analogous situation. See U.S. v. Lisyansky, 806 F.3d 706 (2d Cir. Nov. 30, 2015).
10th Circuit upholds “dangerous weapon” increase for using Taser during struggle with officer. (160) (210) While struggling with a police officer who was trying to subdue him, defendant took control of the officer’s Taser and drive-stunned the officer’s leg. Defendant pled guilty to forcibly assaulting the officer, and received a four-level enhancement under §2A2.2(b)(2)(B) for using a dangerous weapon during the assault. The Tenth Circuit affirmed. A Taser, even in drive-stun mode, qualified as a dangerous weapon. In either drive-stun or probe mode, a Taser is “capable of inflicting … serious bodily injury” as defined in §1B1.1. The burn marks on the police officer’s thigh showed that a Taser in drive-stun mode was capable of causing serious bodily injury if applied to a sensitive spot. Moreover, by taking control of the Taser and applying it against the officer, defendant “used” the Taser. His use exceeded mere “brandishing, displaying, or possessing a … dangerous weapon.” See §§1B1.1, Note 1(I), 2A2.2(b)(2)(C). U.S. v. Quiver, __ F.3d __ (10th Cir. Nov. 17, 2015) No. 14-8077.
8th Circuit finds sufficient evidence for cross-reference to murder guideline. (210)(240) Defendant was convicted of multiple drug charges. The guidelines provide a base offense level of 43 “[i]f a victim was killed under circumstances that would constitute [first degree] murder under 18 U.S.C. § 1111 had such killing taken place within” federal jurisdiction. U.S.S.G. §§ 2A1.1, 2D1.1(d)(1). At sentencing, the district court found that defendant had murdered Perkins, a co-conspirator, to keep him from testifying, and applied the base offense level for first degree murder. The Eighth Circuit held that the court’s finding was supported by a preponderance of the evidence. Defendant discussed killing Perkins with several co-conspirators, including his son. Cell phone records and testimony from defendant’s companion at the dog track the night of the killing showed that defendant was gone from the dog track for about 4 1/2 hours. Defendant’s son testified that defendant had confessed to driving from the dog track, shooting Perkins in the face with a nine millimeter Glock, and returning to the track. The information the son knew about Perkins’ wounds and the type of weapon used was not publicly available. U.S. v. Castleman, __ F.3d __ (8th Cir. Aug. 5, 2015) No. 14-3184.
6th Circuit holds that defendant’s intent permitted applying murder cross-reference. (210)(240) Defendant was the girlfriend of Shakir, the violent leader of a large drug conspiracy. Defendant was active in the conspiracy, and pled guilty to drug and money laundering conspiracy counts. The district court applied the murder cross-reference in § 2D1.1(d)(1), based on Shakir’s murder of Sharon Duran. The Sixth Circuit upheld the application of the cross-reference, finding defendant had the requisite intent. The district court found that defendant had “actual knowledge” that Shakir intended to kill Duran. This finding was not clear error, as defendant’s knowledge could be inferred from her substantial participation in the course of events before and after Duran’s murder. Defendant arranged for Shakir to meet with Duran, and followed them in her car, and drove Shakir away after he killed Duran. Actual knowledge necessarily satisfied the lesser reasonable-foreseeability standard. U.S. v. Anderson, __ F.3d __ (6th Cir. Aug. 4, 2015) No. 14-5741.
8th Circuit applies cross-reference for killing victim even though firearm not part of felon-in-possession offense. (210)(330) Defendant pled guilty to being a felon in possession of a firearm and possession of sawed-off shotguns. At sentencing, the district court found that defendant had committed first degree murder and applied the cross-reference in § 2K2.1(c) to the first-degree murder guideline. Defendant argued that the court erred in applying the cross-reference to his felon in possession charge because he did not use any of the guns listed “in connection with” the murder. The Eighth Circuit rejected defendant’s argument that the cross-reference only applied where a defendant committed another crime with or while possessing a firearm for which he was charged. The circuit rejected a similar argument in U.S. v. Mann, 315 F.3d 1054 (8th Cir. 2003), which involved an application of the former § 2K2.1(b)(5). Because the language in § 2K2.1(b)(5) mirrored the relevant language in the cross reference, cases interpreting the former § 2K2.1(b)(5) could be relied upon here. The district curt did not err in applying the cross-reference to defendant’s felon in possession charge where defendant murdered the victim with a firearm not included in that charge. U.S. v. Patrie, __ F.3d __ (8th Cir. July 27, 2015) No. 14-2576.
7th Circuit agrees that IRS employee’s tax fraud scheme involved sophisticated means. (218) Between 2007 and 2012, defendant, an IRS employee, orchestrated several schemes to fraudulently obtain cash refunds from the IRS. The schemes involved filing false tax returns that claimed refunds pursuant to specific provisions of the tax code. Defendant and her partner enlisted various people, including Johnson, to recruit claimants who would provide their personal information in exchange for a portion of a cash refund. The Third Circuit upheld a §2B1.1 sophisticated means enhancement. Defendant identified IRS programs that would pay substantial sums and then designed a scheme to maximize her payout while avoiding detection. She used inside knowledge of the IRS’s enforcement thresholds, including that certain types of claims under $1,500 would not be flagged for review. Defendant took steps to conceal her identity even from others involved in the scheme, using third parties to recruit claimants and collect their fees so she could avoid any contact with them. Additionally, defendant developed an enforcement mechanism to ensure her fees were paid: submitting amended returns that tipped off the IRS when claimants were reluctant to pay her. U.S. v. Fountain, __ F.3d __ (7th Cir. July 9, 2015) No. 14-3103.
7th Circuit finds co-defendant’s sophisticated means were foreseeable to defendant. (218) Defendant participated in a tax fraud scheme organized by Fountain, who was an IRS agent. He argued for the first time on appeal that the district court erred in applying a sophisticated means enhancement to him because the court stated during sentencing that the fraud scheme “was only possible because of the sophisticated means that, to be sure, were made possible by Ms. Fountain, not [defendant]. “Defendant contended that the court erred in attributing Fountain’s sophisticated means to him without finding that Fountain’s use of those means was reasonably foreseeable to him. The Seventh Circuit conducted its own review of the record, and found it “clear “that that the sophisticated means Fountain used were reasonably foreseeable to defendant. The two lived together and had children together. Defendant knew about the IRS’s $1,500 threshold for flagging particular claims for review, and that he knew that Fountain would reverse claimants’ refunds if they did not pay her fee. Moreover, the court found that defendant was “the engine that drove [the] conspiracy from one that might have involved a handful of phony tax refunds to one that involved hundreds at a cost of over $2 million to the United States treasury, “and that defendant’s leadership “succeeded in spreading [the] scheme like wild fire. “U.S. v. Fountain, __ F.3d __ (7th Cir. July 9, 2015) No. 14-3103.
7th Circuit says reimbursed individuals and banks still counted as victims of defendant’s fraud. (218) Defendant pled guilty to multiple counts of bank fraud and one count of identity theft. The district court enhanced his offense level under §2B1.1(b)(2)(B) based on its finding that there were at least 50 victims of defendant’s scheme. Defendant conceded that over 50 individuals and banks lost money due to his misconduct. However, of that group, all but nine were eventually reimbursed. Defendant argued that only those nine should be counted as “victims “because the eventual reimbursement negated the victim status of the rest. The Seventh Circuit noted that defendant’s argument was foreclosed by U.S. v. Panice, 598 F.3d 426 (7th Cir. 2010), which held that “victim “includes a person whose losses were reimbursed. Moreover, Note 4(E) to §2B1.1(b)(2) specifies that “victim “includes “any individual whose means of identification was used unlawfully or without authority, “regardless of whether actual loss occurred. U.S. v. Jones, __ F.3d __ (7th Cir. July 9, 2015) No. 14-3103.
9th Circuit reverses error in calculating offense level for soliciting murder for hire. (210(290) Defendant was convicted of soliciting a crime of violence, in violation of 18 U.S.C. §373, and using interstate commerce facilities in the commission of a murder for hire, in violation of 18 U.S.C. §1958. The district court calculated defendant’s offense level at 32 under §2E1.4(a)(1), which governs murder for hire. On the government’s appeal, the Ninth Circuit held that the district court erred by not setting defendant’s offense level at 37. The court of appeals held that although the district court properly used §2E1.4, it should have applied the offense level for defendant’s “underlying unlawful conduct, “not defendant’s solicitation to commit murder for hire. Because under §2A1.5 the base offense level for solicitation to commit murder is 33, plus a four-level enhancement for exchange of money, the district court should have set defendant’s base offense level at 37. U.S. v. Temkin, __ F.3d __ (9th Cir. Aug. 13, 2015) No. 12-50103.
8th Circuit upholds cross-reference from drug guideline to first-degree murder. (210)(240) Defendant was involved in a drug conspiracy that resulted in Benson, a man who had traveled to Missouri to sell cocaine to defendant, being shot and killed. Defendant pled guilty to drug conspiracy charges. The district court applied the cross-reference in §2D1.1 to the first-degree murder guideline, §2A1.1, finding the murder was a “knowing, willful, premeditated matter.” The Eighth Circuit rejected defendant’s claim that applying the cross-reference violated defendant’s Fifth or Sixth Amendment rights. There was sufficient evidence to support application of the cross-reference. The district court did not clearly err in finding that the conspiracy included the killing of Benson. The district court found the witnesses who testified about defendant’s role in the killing were credible, and were corroborated by other testimony. The panel had no basis upon which to question the district court’s credibility determination. U.S. v. Jackson, __ F.3d __ (8th Cir. Apr. 10, 2015) No. 14-1084.
1st Circuit upholds cross-reference to first-degree murder guideline despite error in identifying victims. (210) Defendant was one of four defendants convicted of drug and firearms charges. The court applied the murder cross-reference in § 2D1.1(d)(1) to reach an advisory guideline range of life imprisonment for the drug conspiracy count. The First Circuit upheld the life sentence, although the court erred in its identification of the murders with which defendant was involved. The court found that defendant had participated in the planning and execution of the murders of Indio and Agustín, but the government conceded that defendant was not involved in Indio’s murder. However, the court correctly found that defendant had helped to plan and execute the Agustín murder. The trial evidence showed that defendant was part of the group that decided to murder Agustín, and that defendant was the one who ultimately shot Agustín in the head. That finding alone supported the application of the first-degree murder cross-reference, rendering a drug quantity finding superfluous. U.S. v. Rodriguez-Reyes, 714 F.3d 1 (1st Cir. 2013).
1st Circuit affirms application of murder cross-reference. (210) Defendant was convicted of drug and firearms conspiracy charges. The court applied the murder cross-reference in guideline § 2D1.1(d)(1) to reach an advisory guideline range of life imprisonment for the drug count. This cross-reference applies in a drug trafficking case, “[i]f a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 …” The First Circuit affirmed application of the cross-reference to defendant. The court explained the trial evidence showing that defendant had formed plans to kill Rivera and Ortiz, and that he had participated in killing both victims because of the perceived threat they posed to the drug operation. These statements reflected a finding that the murders were premeditated, and the trial evidence supported such a finding. The court then connected these planned murders to the § 2D1.1(d)(1) cross-reference by specifying that the killings were in furtherance of the drug conspiracy. U.S. v. Rodriguez-Reyes, 714 F.3d 1 (1st Cir. 2013).
1st Circuit upholds application of murder cross-reference in carjacking case. (210) Defendant was convicted of conspiracy to commit a carjacking and aiding and abetting an attempting carjacking, resulting in a death. Because the victim was killed in the course of the attempted robbery, the court applied the murder cross-reference in § 2B3.1(c), resulting in an offense level of 43. The First Circuit upheld the application of the murder cross-reference. The circumstances of the victim’s killing would constitute murder under 18 U.S.C. § 1111. Here, the victim, the car’s driver, was shot and killed by defendant’s co-conspirator in the course of the carjacking. That was enough to apply the murder cross-reference to defendant. U.S. v. Rodriguez-Adorno, 695 F.3d 32 (1st Cir. 2012).
1st Circuit reverses mandatory life term for uncharged murder. (210) Defendants were found guilty of conspiracy to commit carjacking, and aiding and abetting a carjacking resulting in death. They were sentenced to 60 months for the conspiracy count, to be served concurrently with a term of life imprisonment for the carjacking. Defendants argued on appeal that the district court erred in sentencing them to a mandatory term of life imprisonment for a murder that they were neither charged with nor convicted of committing. The government conceded that the district court committed plain error during the sentencing hearing, and agreed that the error warranted vacating defendants’ sentence, and remanded for resentencing. The district court referred to the defendants’ crime of conviction as “first degree murder in the context of carjacking.” The district court compounded its mistake by also stating on more than one occasion that the statutory penalty for the crime was life imprisonment. This was incorrect since the statutory penalty for carjacking resulting in death was “any number of years up to life.” 18 U.S.C. § 2119(3). The First Circuit agreed, and remanded for resentencing. U.S. v. Castro-Davis, 612 F.3d 53 (1st Cir. 2010).
1st Circuit upholds use of first-degree murder guideline when arson resulted in death. (210) Defendant was convicted of arson of a building used in interstate commerce, in violation of 18 U.S.C. § 844(i). The arson resulted in the death of a woman and her infant daughter. The guideline for arson, § 2K1.4, states that if death resulted from the arson, the court should apply the most analogous guideline. Relying on that provision, the court applied the guideline for first-degree murder, § 2A1.1. On appeal, defendant argued that the district court erred in using the premeditated murder guideline because he did not intend to kill the victims. The First Circuit upheld the district court’s decision to use the first-degree murder guideline, noting that § 2A1.1 states that it applies to deaths caused by arson. U.S. v. Guzman, 603 F.3d 99 (1st Cir. 2010).
1st Circuit upholds cross-reference to solicitation to commit murder guideline. (210) Defendant was convicted of five counts relating to a murder-for-hire of his wife and daughter. Guideline § 2E1.4, the guideline applicable to use of interstate commerce facilities in commission of murder-for hire, provides that the offense shall be the greater of 32 or “the offense level applicable to the underlying conduct.” The court determined that the underlying unlawful conduct was solicitation to commit murder, meriting a base offense level of 33 under § 2A1.5. The First Circuit upheld the cross-reference to § 2A1.5, even though in virtually every case where a defendant is charged with the use of interstate commerce facilities in the commission of murder-for-hire, the underlying offense is solicitation to commit murder. U.S. v. Vasco, 564 F.3d 12 (1st Cir. 2009).
1st Circuit holds that Massachusetts manslaughter was predicate “violent felony” under ACCA. (210) Defendant was sentenced under the Armed Career Criminal Act, 18 U.S.C. § 924(e), based in part on the court’s finding that his prior Massachusetts manslaughter conviction was a “violent felony.” Defendant argued that the Massachusetts statute did not distinguish between voluntary and involuntary manslaughter, and included offenses that should not be considered “violent felonies.” The First Circuit held that manslaughter, under Massachusetts law, is a violent felony within the meaning of the ACCA as a matter of law. Under the ACCA, a prior conviction is for a “violent felony” if the prior offense was “punishable by imprisonment for a term exceeding one year … [and] … involves conduct that presents a serious potential risk of physical injury to another.” Under Massachusetts common law, both involuntary and voluntary manslaughter appear to “involve conduct that presents a serious, potential risk of physical injury to another.” “Involuntary manslaughter is an unintentional killing, resulting from wanton and reckless conduct or a battery not amounting to a felony which the defendant knew or should have known endangered human life.” U.S. v. Walter, 434 F.3d 30 (1st Cir. 2006).
1st Circuit approves use of murder as underlying offense where defendant knew grand jury was investigating possible murder. (210) Defendant, a retired police officer, was the brother of a gangster that ran a criminal enterprise in Boston. Defendant was convicted of obstruction of justice, perjury and related charges based on charges that he helped hide a cache of weapons and lied to a grand jury in order to impede an investigation of his brother. At sentencing, the district court identified murder, rather than gun possession, as the most serious offense underlying his obstructive conduct, and the First Circuit affirmed. When defendant testified before the grand jury about the group’s reserve arsenal, the grand jury was investigating, and defendant had reason to know it was investigating, whether members of the organization were involved in violent racketeering activities such as murder. Defendant was not required to know “the full nature and scope” of his brother’s criminal activities, or whether any of the guns in question had been used in a murder or other violent offense. When defendant told the grant jury that he did not know whether a particular woman was alive, he knew, or at least had reason to know, that it was investigating whether the woman had been murdered by members of the criminal group. U.S. v. Flemmi, 402 F.3d 79 (1st Cir. 2005).
1st Circuit says use of murder cross-reference did not violate Blakely where jury already decided murder occurred. (210) Defendant was convicted of drug charges and three murder charges (aiding and abetting firearms murder in furtherance of a drug crime, aiding and abetting murder of a witness, and aiding and abetting murder while engaging in a drug crime). The drug conspiracy guideline, § 2D1.1(d)(1) provides a cross-reference to the first degree murder guideline “[i]f a victim was killed under circumstances that would constitute murder….” The First Circuit held that the district court’s use of the murder cross-reference did not violate Blakely v. Washington, 124 S.Ct. 2531 (2004) because the jury had already decided that, in the course of the conspiracy, a victim was killed under circumstances that would constitute murder had the killing occurred within the federal criminal jurisdiction. Although not necessary to the analysis, the jury convicted defendant of personally aiding and abetting in that murder. U.S. v. Rodriguez-Marrero, 390 F.3d 1 (1st Cir. 2004).
1st Circuit applies murder cross-reference where police officer was killed by carjacker during pursuit. (210) Defendant participated in a carjacking, recklessly drove the stolen vehicle against traffic on a crowded street, and eventually struck and killed a police officer. Section 2B3.1(c) directs a court to apply § 2A1.1, the first-degree murder guideline, if a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111. The First Circuit upheld the application of the cross-reference, ruling that the death occurred “in the perpetration of” the carjacking. The district court properly found that the carjacking was still in progress when the death occurred. Defendant struck the officer less than an hour after initiating the carjacking and while he still retained control over the stolen vehicle. Defendant was still engaged in the continuing process of stealing and disposing of the car when he spotted the police following him, tried to evade pursuit, and eventually killed a police officer. U.S. v. Martinez-Bermudez, 387 F.3d 98 (1st Cir. 2004).
1st Circuit rules that court implicitly recognized authority to depart. (210) Note 1 to § 2A1.1, the first degree murder guideline, authorizes a downward departure if “the defendant did not cause the death intentionally or knowingly.” The district court found that defendant had urged a co-conspirator to shoot the victims and had offered to kill them himself if the co-conspirator faltered. Implicit in these findings was the court’s conclusion that defendant had an intent to kill, and thus, he was ineligible for the desired departure. Therefore, the First Circuit ruled that it had no jurisdiction to review the court’s refusal to depart under Note 1. U.S. v. Sanchez, 354 F.3d 70 (1st Cir. 2004).
1st Circuit upholds application of murder cross-reference. (210) Defendant was convicted of multiple drug charges. Applying the murder cross reference provision in U.S.S.G. § 2D1.1(d)(1), the district court determined by a preponderance of the evidence that defendant’s role in the massacre of others warranted a base offense level of 43. The First Circuit upheld the cross-reference, rejecting defendant’s claim that the use of it violated Apprendi v. New Jersey, 530 U.S. 466 (2000). Although defendant was previously acquitted in state court of the murders, the use of the cross reference did not violate due process. U.S. v. Lombard, 72 F.3d 170 (1st Cir. 1995). The use of the cross-reference also did not violate Apprendi, which does not apply to findings made under the sentencing guidelines, where the sentence imposed does not exceed the original statutory maximum. Finally, there was sufficient evidence to suppose the use of the cross-reference. A resident of a housing project observed three individuals with bloodstained clothing being pulled out of a car and taken behind a neighboring building. The witness then saw defendant raise and lower a red gasoline can as if he were spraying gas inside the vehicle. Another witness testified that he was told by a conspirator that the victims were thrown into the back seat of a car, forced to drink gasoline, and then executed and set on fire. Finally, a long-time acquaintance of defendant’s testified that defendant admitted to committing the murders. U.S. v. Newton, 326 F.3d 253 (1st Cir. 2003).
1st Circuit upholds use of murder cross-reference where killing took place prior to completion of carjacking. (210) A jury convicted defendants of committing and aiding and abetting each other in the commission of a carjacking resulting in a death, and of using a firearm during and in relation to the carjacking. Guideline § 2B3.1(c) directs the sentencing judge to apply the guideline for first-degree murder, § 2A1.1, if “a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States….” Defendant challenged the use of the murder cross-reference, but conceded that the success of this challenge depended on the court finding that the killing did not occur during the carjacking. However, under First Circuit law, “the commission of carjacking continues at least while the carjacker maintains control over the victim and [his or] her car.” Here, the killing of the driver of the car took place prior to the completion of the carjacking. Therefore, the First Circuit affirmed the application of the cross-reference. U.S. v. Lebron-Cepeda, 324 F.3d 52 (1st Cir. 2003).
1st Circuit upholds reliance on plea agreement stipulation to support cross-reference. (210) Guideline § 2A6.2 (Stalking or Domestic Violence) provides that if the offense involved conduct covered by another guideline, the court should apply that guideline if it would result in a higher offense level. The court relied on this cross-reference to apply the first-degree murder guideline, § 2A1.1, which carries a base offense level of 43. In her plea agreement, defendant stipulated both to this cross-reference and to the resulting offense level. The First Circuit upheld the district court’s reliance on the stipulation to apply the cross-reference to defendant. Although stipulations about legal issues are problematic, parties are usually bound by factual stipulations accepted by the court. Although this case involved stipulations to both legal and factual matters, defendant’s factual admissions alone were sufficient to justify the court’s use of the cross-reference. Defendant admitted crossing state lines to commit illegal acts against her boyfriend’s estranged wife, admitted seeing and hearing her boyfriend’s vicious murder of the wife’s brother, yet nonetheless lured another victim, the wife’s current boyfriend, into a place of imminent danger. The second murder was “a reasonably foreseeable act” in furtherance of the offenses of conviction. The district court had a plausible factual basis for cross-referencing the first-degree murder guideline. U.S. v. Teeter, 257 F.3d 14 (1st Cir. 2001).
1st Circuit applies aggravated assault guideline for driving car at officers while attempting to escape. (210) While attempting to escape from a military base, defendant drove his car directly at a military policeman who attempted to stop the car. The MP attempted to get out of the way, but received a glancing blow on his knee as defendant drove past. Defendant challenged the use of § 2A2.2, the aggravated assault guideline, contending that he did not intend to cause the MP serious bodily injury. He contended that he intended only to escape, and that his Attention Deficit Hyperactivity Disorder (ADHD) prevented him from forming the requisite intent to injure the MP. The First Circuit affirmed the use of the aggravated assault guideline. First, in similar circumstances in which the defendant drove his car at an official victim in order to escape, the court upheld the use of the aggravated assault guideline, even if the defendant did not actually want to strike and injure the officers, but simply was prepared to do so if necessary. See U.S. v. Garcia, 34 F.3d 6 (1st Cir. 1994). Second, nothing in the record suggested that defendant’s ADHD prevented him from forming the mens rea necessary to commit an aggravated assault. The district court also did not err in applying a § 3A1.2 official victim enhancement. Defendant assaulted the MP with reasonable cause to believe that he was a law enforcement officer and in a manner creating a substantial risk of serious bodily injury. U.S. v. Zaragoza-Fernandez, 217 F.3d 31 (1st Cir. 2000).
1st Circuit finds sufficient evidence to support use of murder cross-reference. (210) Defendant attempted to extort money from his employer by murdering the company president in Mexico, reporting it as a kidnapping and issuing a phony ransom demand. The extortion guideline, § 2B3.2(c)(1), directs a court to apply § 2A1.1 (first-degree murder) if “a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States.” The First Circuit held that there was sufficient evidence to support the use of the murder-cross reference. The government presented strong circumstantial evidence that defendant planned to murder the president when they met in Mexico. Defendant purchased a gun, devised a plan to transport it to Mexico, surveyed the area of the crime to choose a suitable location to kill the president, and planned for the president to arrive late at night. A sentencing enhancement need only be proven by a preponderance of the evidence. The court also rejected defendant’s argument that only the target of the extortionate demand, was “a victim” of the extortion within the meaning of § 2B3.2(c)(1). Because defendant’s plan to extort money from his employer included killing the company president, the president was a victim of the extortion scheme even though defendant never demanded that the president pay him any money. U.S. v. Hughes, 211 F.3d 676 (1st Cir. 2000).
1st Circuit holds Mexican murder conviction did not bar cross-reference to murder guideline. (210) Defendant attempted to extort money from his employer by murdering the company president in Mexico, reporting it as a kidnapping, and issuing a phony ransom demand. The extortion guideline, § 2B3.2(c)(1), directs a court to apply § 2A1.1 (first-degree murder) if “a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States.” Defendant argued that § 2B3.2(c)(1) was superseded by 18 U.S.C. § 1119, which governs a U.S. national who kills a U.S. national while within the jurisdiction of another country. Section 1119 says that “[n]o prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct.” Defendant was previously prosecuted for (and convicted of) murder in Mexico. The First Circuit held that § 1119 did not bar the use of the guideline cross-reference. Defendant was not being prosecuted or punished for murder in violation of § 1111, but for extortion in violation of § 1951. If he had been prosecuted and punished for murder, he would have received the death penalty or life imprisonment, not 20 years’ imprisonment, the statutory maximum for extortion. U.S. v. Hughes, 211 F.3d 676 (1st Cir. 2000).
1st Circuit holds that felony murder during robbery supported use of first-degree murder guideline. (210) Defendants committed a string of bank and armored car robberies, including one in which two armored car drivers were kidnapped and executed. Section 2B3.1, the robbery guideline, directs a court to apply § 2A1.1, the first-degree murder guideline, if “a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111.” The federal murder statute classifies murder as an “unlawful killing … with malice aforethought” and then describes “murder in the first degree” as including a murder “committed in the perpetration of robbery.” § 1111(a). The First Circuit held that defendants’ felony murder of the guards justified the cross-reference to the first degree murder guideline. Under the felony murder rule adopted by § 1111’s second sentence, the killing of the guards was first-degree murder by those who perpetrated the robbery, regardless of who pulled the trigger or any individual intent. U.S. v. Shea, 211 F.3d 658 (1st Cir. 2000).
1st Circuit upholds life sentence for killing during carjacking. (210) Defendant committed a carjacking in which he shot and killed the driver of the car. At sentencing, he moved for a downward departure under note 1 to § 2A1.1. The district court held that the driver had been killed under circumstances that constituted murder under 18 U.S.C. § 1111, and therefore, §§ 2B3.1 & 2A1.1 set a base offense level of 43, requiring life imprisonment. The First Circuit held that the district court did not err in ruling that defendant had committed felony murder. The district court’s refusal to depart downward under note 1 to USSG § 2A1.1 was not reviewable. U.S. v. Serrano-Osorio, 191 F.3d 12 (1st Cir. 1999).
1st Circuit applies assault with intent to murder guideline to felon in possession. (210) Defendant was convicted of being a felon in possession of a firearm after he shot a man who had been arguing with defendant’s friend. Defendant argued that the incident was an aggravated assault, or, at most, an assault with attempt to commit manslaughter, either of which would come under § 2A2.2. The district court, however, found that defendant’s conduct was more similar to assault with intent to murder, and sentenced him under § 2A2.1. The First Circuit affirmed, noting that defendant fired one round into the ground, then walked up to the victim and shot the victim at least twice. He then pursued the victim up the street, put the gun 2 or 3 feet from the victim’s head and fired again, but missed. This evidence supported the district court’s finding that defendant acted with intent to kill. U.S. v. Smith, 101 F.3d 202 (1st Cir. 1996).
1st Circuit finds aggravated assault inconsistent with finding that bodily injury was not serious. (210) Defendant was convicted of being a felon in possession of a firearm after he and a companion confronted another man while armed. The man escaped by grabbing the barrels of both rifles, pushing them down, and fleeing. However, he ripped the palm of his hand on one of gun’s sights, requiring eight stitches. The district court applied a § 2K2.1 cross reference, finding that the underlying offense was an aggravated assault under § 2A2.2, because the victim had suffered serious bodily injury. However, the court also determined that the victim had suffered something less than serious bodily injury for purposes of applying the guideline. The First Circuit remanded to clarify this inconsistency. The court only increased defendant’s offense level under § 2A2.2(b)(3) by three, which applies when the magnitude of the victim’s injury is between bodily injury and serious bodily injury. This was in direct conflict with the court’s basis for applying the aggravated assault guideline in the first place—i.e. that the victim had suffered a serious bodily injury. U.S. v. Tavares, 93 F.3d 10 (1st Cir. 1996).
1st Circuit holds gunshot wound to upper arm was serious bodily injury. (210) Defendant made a racially motivated assault on several men. The First Circuit agreed that a gunshot wound to the upper arm of one of the victims was a serious bodily injury under § 2A2.2(b) (3)(B) and note 1(j) to § 1B1.1. The injury took the victim to the hospital for 90 minutes, and left him work‑disabled for three weeks. This constituted the impairment of a function of a bodily member. To impair generally means to diminish or decrease. There is no requirement of duration. U.S. v. Page, 84 F.3d 38 (1st Cir. 1996).
1st Circuit uses aggravated assault guideline where one victim shot in the arm. (210) defendants yelled racial insults at several men. When the men fled in a truck, defendants gave chase and fired shots in the air, in the back of the vehicle, and in the ground. A bullet struck one man in the arm, and another lodged in the headrest behind a second man’s head. Applying § 2H1.3(a)(3), the district court found that the underlying offense was aggravated assault, and the First Circuit affirmed. Serious bodily injury was not required to make an assault aggravated. Simple intent to do bodily harm of any kind may support a finding of aggravated assault under note 1 to § 2A2.2. However, the assault must be “felonious” to qualify as aggravated. “Felonious,” means punishable by death or a term of imprisonment exceeding one year. The maximum penalty for assault is one year, but if bodily injury results the maximum penalty is increased to ten years. The assault resulting in the gunshot wound clearly caused bodily injury and was therefore felonious. The other assault also qualified based on the same gunshot wound—nothing in the assault statute requires the bodily injury to be suffered by the intended victim of the offense. U.S. v. Page, 84 F.3d 38 (1st Cir. 1996).
1st Circuit upholds counting dangerous weapon both in offense level in enhancement. (210) While attempting to avoid arrest, defendant drove his car at several police officers who attempted to block his way. He argued that an enhancement under § 2A2.2(b)(2)(B) for use of a dangerous weapon (the car) was double counting, since the same use of dangerous weapon caused the underlying offense to be an “aggravated assault” under § 2A2.2, rather than a “minor assault” under § 2A2.3. The 1st Circuit held that the enhancement was not impermissible double counting. The use of a weapon transformed the offense from a minor assault to an aggravated assault in which a dangerous weapon was otherwise used. The use of a single sentencing factor to effect this transformation was merely an accidental by-product of the mechanics of applying the guidelines. It was not impermissible double counting. U.S. v. Garcia, 34 F.3d 6 (1st Cir. 1994).
1st Circuit agrees that defendant who drove car at police intended to cause bodily harm. (210) While attempting to avoid arrest, defendant drove his car at several police officers who attempted to block his way. Defendant argued that he should not have been sentenced under section 2A2.2 (Aggravated Assault) because he did not have the intent to cause bodily harm. The 1st Circuit disagreed. Defendant aimed his car straight at each officer in turn. One officer was forced to jump onto a parked car to avoid being hit. The court’s granting of a reduction for acceptance of responsibility did not require it to accept defendant’s statement that he lacked the intent to cause bodily harm. U.S. v. Garcia, 34 F.3d 6 (1st Cir. 1994).
1st Circuit affirms that assault involved serious bodily injury. (210) The 1st Circuit affirmed that defendant’s assault caused the victim serious bodily injury. Section 1B1.1(j) defines “serious bodily injury” as “injury involving extreme physical pain or the impairment of a function of a bodily member, organ or mental faculty; or requiring medical intervention such as surgery, hospitalization or physical rehabilitation.” The sentencing court supportably found that the victim sustained injury to his inner ear. Upon entering the hospital, the victim complained of dizziness and tinnitus. While tests were not revealing, the examining neurosurgeon testified that it was not unusual for inner ear damage to be evidenced solely by the patient’s subjective complaints. Moreover, the victim was hospitalized for six days as a result of the beating administered to his head, which caused severe headaches, facial bruising and hemorrhaging around the eyes and under the scalp. U.S. v. Newman, 982 F.2d 665 (1st Cir. 1992).
1st Circuit examines serious bodily injury determination for clear error. (210) The parties agreed that whether the assault involved “serious bodily injury” presented a mixed question of law and fact. In light of this concession, the 1st Circuit reviewed the district court’s determination for clear error. Where more than one reasonable inference may be drawn from undisputed facts, the sentencing court’s choice among supportable alternatives cannot be clearly erroneous. U.S. v. Newman, 982 F.2d 665 (1st Cir. 1992).
2nd Circuit says upward departure for seriousness of injuries was not improper double counting. (210) Defendant pled guilty to one count of assault resulting in serious bodily injury. He received a six-level enhancement under § 2A2.2(b)(3)(C) for permanent or life-threatening bodily injury. Because of the devastating extent of the victim’s injuries, including testimony from the victim’s wife that he was missing the left side of his brain and would never wake up, the district court also departed upward under § 5K2.2. The court imposed a sentence of 180 months, up from a guideline range of 92-115 months. Defendant argued that the sentence was unreasonable because the court impermissibly “double counted” the severity of the victim’s injuries. The Second Circuit disagreed, and held that the sentence was reasonable. Following Booker, a district court has broad latitude to impose either a Guidelines sentence or a non-Guidelines sentence. An appellate court is limited to examining a sentence for reasonableness. Defendant did not point to any guideline or statute that reflected a legislative intent to preclude the double counting the district court used. U.S. v. Reyes, 557 F.3d 84 (2d Cir. 2008).
2nd Circuit approves offense level for murder conspiracy that resulted in death. (210) Defendant was convicted of various offenses arising from his involvement in al Qaeda’s conspiracy to bomb American embassies in Kenya and Tanzania. The district court assigned a base offense level of 43 under §2A1.5(c)(1), which applies where a murder conspiracy results in the death of a victim. He argued that this was inapplicable because he was not “in any way responsible for, or even aware of, any fatalities from the embassy bombings.” He maintained there was no evidence that he was “involved in any discussions where the bombings were discussed.” The Second Circuit found no merit to defendant’s challenge. Because the jury convicted defendant of multiple counts of conspiracy to commit murder and also found that over 200 deaths resulted from these murder conspiracies, the jury’s findings show that defendant was a member of a conspiracy that resulted in at least one death. The Guidelines require no additional measure of responsibility or awareness. In re Terrorist Bombings of U.S. Embassies in East Africa, 549 F.3d 146 (6th Cir. 2008).
2nd Circuit says bodily injury increase is based on results of crime, not circumstances of its commission. (210) Defendant was involved in a scheme to murder the sister of a government informant. She was shot twice at point blank range through the window of her car. However, the gun malfunctioned, and she received only minor injuries, as one bullet ricocheted off her back and the other lodged in her neck behind her ear. The district court applied a four-level increase under § 2A2.1(b)(1) for “permanent or life-threatening bodily injury” based on the permanent nature of the victim’s emotional injury (Post-Traumatic Stress Disorder) and the life-threatening circumstances to which she was subjected, emphasizing the sheer good fortune that prevented her death. The Second Circuit remanded for resentencing, agreeing with defendant that the enhancement applies to the results of a crime, rather than the circumstances of its commission. The resulting injuries to the victim are the sole determinant of whether a bodily injury enhancement is justified. The panel further held that emotional injury can constitute “permanent or life-threatening bodily injury” when such emotional injury causes the “loss or substantial impairment of the function of a … mental faculty.” However, the court’s findings were insufficient on this point, and the court remanded for further inquiry into the victim’s psychological and emotional injuries. U.S. v. Spinelli, 352 F.3d 48 (2d Cir. 2003).
2nd Circuit will not examine life expectancy calculation where no legal right to sentence less than life. (210) Defendants were convicted of numerous charges arising out of their involvement in the 1993 bombing of the World Trade Center. At the time of defendants’ crimes, the applicable penalty statute provided that a life sentence could be imposed only if so directed by the jury, see 18 U.S.C. § 34 (1993), and the jury here was not asked to consider whether such a sentence was proper. In 1994, after the crimes but before sentencing, Congress amended the statute to delete the jury directive requirement, but the judge determined that he was bound by the earlier version of the statute. Accordingly, he followed the procedure, approved in U.S. v. Tocco, 135 F.3d 116 (2d Cir. 1998), of imposing a term of years that, if defendants lived to exactly their life expectancy as of the time of sentencing, would expire one month before their deaths. Defendants made several challenges to the court’s calculation of their life expectancy. The Second Circuit found no error since defendants had no legal right to a sentence that was shorter than their correct life expectancy. While these appeals were pending, the court held in U.S. v. Joyner, 201 F.3d 61 (2d Cir. 2000), that defendants sentenced after the effective date of the 1994 amendments to § 34 could be sentenced to life in prison for pre-amendment crimes even absent a jury directive. U.S. v. Salameh, 261 F.3d 271 (2d Cir. 2001).
2nd Circuit finds insufficient evidence that prison guards beat prisoner in “heat of passion.” (210) Defendants, prison guards, were convicted of civil rights violations after two of the guards severely beat a prisoner, causing his death, and a third guard participated in a cover-up of the beating. Section 2H1.1 bases the offense level on the guideline applicable to the underlying offense. The Second Circuit ruled that there was insufficient evidence to support the district court’s finding that defendants acted in the “heat of passion,” and thus the voluntary manslaughter guideline was inapplicable. The judge’s heat of passion finding was based on the fact that the guards “acted in response to [the prisoner’s] refusal to obey their commands and the abusive epithets directed to them.” These circumstances were insufficient to support a “heat of passion” finding. The panel left open the possibility that on remand the district court might find the heat of passion standard met on other grounds. However, if on remand, voluntary manslaughter is rejected, the choice between second-degree murder and involuntary manslaughter will turn on how great a risk of serious bodily injury defendants could reasonably apprehend would result from their conduct and what that risk revealed about the degree of their indifference to the prisoner’s life. Because the remand might result in a greater sentence than originally imposed, and because the government did not bring a cross-appeal, the panel gave defendants the opportunity to withdraw their appeals. U.S. v. Velazquez, 246 F.3d 204 (2d Cir. 2001).
2nd Circuit rules that court understood sentencing authority under racketeering statute. (210) Defendants were convicted of murder and conspiracy to commit murder, in violation of a federal statute prohibiting violent crime in aid of racketeering, 18 U.S.C. 1959 . The statute provides that the punishment for murder shall be “by death, or life imprisonment, or a fine under this title, or both …” § 1959(a)(1). At sentencing, the judge stated that “[t]he law says what the law says, and the law says that I must impose a sentence of life imprisonment upon you.” One defendant argued that the district court mistakenly overlooked the option of a fine and thought that the statute required a term of life imprisonment. The Second Circuit ruled that the district court did not misunderstand its sentencing authority. “At the sentencing of each defendant, the district court explicitly rejected the possibility of a fine on the ground that no defendant had assets from which a fine of a magnitude appropriate to the offense could be paid. There was, therefore, no realistic possibility of a fine as a satisfactory possibility for the brutal, execution-style murder of a 16-year old boy.” It was reasonable for the district court to conclude that it had no realistic choice but to sentence defendants to life imprisonment. U.S. v. Feliciano, 223 F.3d 102 (2d Cir. 2000).
2nd Circuit applies aggravated assault guideline for use of knife despite acquittal on related charges. (210) Defendant was charged with assaulting three U.S. postal police officers, in violation of 18 U.S.C. § 111. The government also alleged that, in the course of his resistance, defendant used a “deadly and dangerous weapon,” a box-cutter, within the meaning of § 111(b). A jury acquitted him of assault with a deadly weapon, and deadlocked on the lesser-included offense of assault, but a second jury convicted him of the lesser assault charge. Despite the acquittal, the district court found that § 2A2.2 (aggravated assault) was the correct guideline, rather than § 2A2.3 (obstructing or impeding officers) because defendant had used a dangerous weapon in committing the assault. The Second Circuit affirmed, even though the jury had acquitted defendant. Under the guidelines, a district court must take into account both the offense of conviction and additional relevant conduct that occurred during the commission of the offense of conviction. The sentencing court found by clear and convincing evidence that defendant wielded a dangerous weapon and that he did so with intent to cause bodily harm. This finding was not inconsistent with the jury’s finding that this fact had not been proven beyond a reasonable doubt. U.S. v. Chestaro, 197 F.3d 600 (2d Cir. 1999).
2nd Circuit finds first-degree murder guideline most analogous for Connecticut murder. (210) Defendant was convicted RICO charges, including conspiring to commit and committing murder in aid of racketeering. Section 2E1.1 directed the district court to determine “the most analogous federal offense.” The district court found that federal first-degree murder was the most analogous federal offense to murder under Connecticut law. Defendant argued that because § 2A1.1 requires malice aforethought or premeditation, elements the government would not be required to prove under state law, the district court should have applied the second-degree murder guideline, § 2A1.2. The Second Circuit found no error. The absence of reference to premeditation or malice in the Connecticut murder statute did not mean that the federal first-degree murder statute was not the most analogous federal offense. The applicable Connecticut statute says that a “person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person.” First-degree murder is defined in 18 U.S.C. § 1111 as “willful, deliberate, malicious, and premeditated killing.” The two definitions were sufficiently similar that there was no reason to disturb the court’s use of § 2A1.1. U.S. v. Diaz, 176 F.3d 52 (2d Cir. 1999).
2nd Circuit uses first-degree murder guideline where arson caused firefighter’s death. (210) Defendant was convicted of arson based on an intentional fire at his retail clothing store. A firefighter lost his life during the fire. Defendant challenged the district court’s use of § 2A1.1, the first-degree murder guideline, because the fireman’s death was not intentionally caused. The Second Circuit upheld the use of § 2A1.1 because it applies to any death that results from the commission of certain felonies. The application notes reference the federal felony-murder statute, 18 U.S.C. § 1111, as suggestive of which felonies are included. Section 1111 defines first-degree murder as a killing committed in the perpetration of, or attempt to perpetrate, any arson. The sentencing court did not err in refusing to depart downward under note 1 to § 2A1.1 on the ground that he did not knowingly or intentionally cause the firefighter’s death. The court was aware of its authority to depart but cited several aggravating factors, including defendant’s scheme to defraud an insurance company, his knowledge that tenants lived above the store, the use of an accelerant, and his decision to set a partly residential building on fire at night. U.S. v. Tocco, 135 F.3d 116 (2d Cir. 1998).
2nd Circuit upholds considering good-time credits to decide whether sentence exceeds life expectancy. (210) Defendant was convicted of arson and sentenced under § 2A1.1 because the fire resulted in the death of a fireman. The district court departed downward to avoid the requirement in 18 U.S.C. § 34 that the jury must approve a life sentence The court imposed a 435-month sentence, five years more than defendant’s life expectancy. With 64.3 months of good-time credit, the judge determined that defendant’s actual term of imprisonment would be 371 months, one month short of his life expectancy. The Second Circuit approved considering good-time credits in determining whether the sentence complied with § 34. Defendants should not be permitted to claim that they plan to disregard prison rules and thus fail to earn good-time credit. The fact that the 371-month sentence came close to defendant’s 372-month life expectancy did not make it the functional equivalent of a life sentence. U.S. v. Tocco, 135 F.3d 116 (2d Cir. 1998).
2nd Circuit refuses to review use of allegedly wrong guideline where sentence was within agreed range. (210) Defendant, a tugboat captain, pled guilty to involuntary manslaughter by criminal negligence in the drowning deaths of two crew members. In his plea agreement, defendant acknowledged that his conduct subjected him to a guideline range of 6-12 months. Defendant argued that the district court sentenced him under the “reckless” guideline rather than for being criminally negligent. The Second Circuit refused to review the matter because the 12-month sentence was within the range defendant agreed upon in his plea agreement. A sentencing judge should specify that the same sentence would have been imposed if the proper guideline had been applied. But here it was clear that the district court would have imposed the same 12-month sentence under the criminal negligence guideline. U.S. v. McHugh, 122 F.3d 153 (2d Cir. 1997).
2nd Circuit uses guideline for aiding murder where predicate RICO offense was facilitating murder. (210) Defendant was convicted of charges involving drugs, RICO, and money laundering, and conducting a continuing criminal enterprise. One of the predicate acts for his RICO conviction was the facilitation of murder in violation of New York law. In determining defendant’s sentence for his RICO conviction, the district court used the guideline offense level for aiding and abetting first-degree murder. Defendant argued that aiding and abetting a murder has a higher scienter requirement than facilitation of murder and thus was an inappropriate frame of reference. The Second Circuit disagreed. Under § 2E1.1, if the underlying conduct violates state law, the offense level for the most analogous federal offense is to be used. The district court here noted the substantive differences between criminal facilitation and the federal offense of aiding and abetting, but it found that aiding and abetting was especially close to the offense described in the New York statute. U.S. v. Miller, 116 F.3d 641 (2d Cir. 1997).
2nd Circuit says failure to challenge use of first degree guideline was not ineffective assistance. (210) Defendant was convicted of RICO charges. One of the racketeering acts was the crime of murder in the second degree under the law of New York. Defendant argued that his counsel was ineffective for failing to challenge the application of § 2A1.1, which applies to federal first degree murder, rather than § 2A1.2, which applies to federal second degree murder. The Second Circuit found no ineffective assistance, since there may have been potential disadvantages that led counsel to make a strategic decision not to raise this claim. For example, in responding to the issue of premeditation, the government might have been able to produce evidence damaging defendant’s sentencing prospects. Although the record was undeveloped as to counsel’s decision‑making process, remand was not the best course. Defendant could raise this argument in a § 2255 proceeding. Counsel’s failure to raise an ineffective assistance claim on direct appeal only bars a § 2255 proceeding where the record is fully developed on the ineffective assistance issue. U.S. v. Workman, 80 F.3d 688 (2d Cir. 1996).
2nd Circuit says dangerous weapon enhancement is double counting where defendant used table leg to assault victim. (210) Defendant assaulted another prison inmate in the face with a table leg. The Second Circuit held that the dangerous weapon enhancement in § 2A2.2(b)(2)(B) was double counting since the use of the non-inherently dangerous weapon (the table leg) also formed the basis for characterizing the assault as aggravated. Although defendant did not raise this issue below, the double counting amounted to plain error warranting relief. U.S. v. Hernandez-Fundora, 58 F.3d 802 (2d Cir. 1995).
2nd Circuit rejects enhancement where weapon was not inherently dangerous. (210) Defendant assaulted a U.S. Marshal by trying to run him down with his car. The court sentenced him under section 2A2.2 (Aggravated Assault) rather than section 2A2.4 (Obstructing or Impeding Officers While Possessing a Dangerous Weapon) because he had used a dangerous weapon. This raised his offense level from 6 to 15. He also received a four level enhancement under section 2A2.2(b)(2) for “otherwise using” a dangerous weapon in committing his offense. Disagreeing with U.S. v. Williams, 954 F.2d 204 (4th Cir. 1992), the 2nd Circuit held that the enhancement was impermissible double counting, because the use of an ordinary object as a dangerous weapon already transformed the minor assault into an aggravated one. Therefore, the adjustment for use of a dangerous weapon is appropriate only for situations involving inherently dangerous weapons, such as firearms. U.S. v. Hudson, 972 F.2d 504 (2nd Cir. 1992).
2nd Circuit affirms official victim enhancement for defendant convicted of assaulting a federal officer. (210) Defendant was convicted of assaulting federal officers in violation of 18 U.S.C. section 111 and was sentenced under U.S.S.G. 2A2.2. The 2nd Circuit rejected defendant’s argument that an official victim enhancement under section 3A1.2 was impermissible double counting, even though the offense of conviction required the government to prove that defendant assaulted a government official. First, the guideline, unlike the statute, required the defendant to know he was assaulting an official victim. Thus, the guideline enhances for an additional factor that will not be present in every conviction under section 111. Second, the guidelines clearly contemplate an official victim adjustment under section 2A2.2. Application note 1 to section 2A2.4 instructs the court not to apply the enhancement unless subsection (c) requires the offense level to be determined under section 2A2.2. Here, defendant’s offense level was determined under section 2A2.2. U.S. v. Padilla, 961 F.2d 322 (2nd Cir. 1992).
2nd Circuit applies assault guideline rather than obstructing officers guideline. (210) For attempting to hit three DEA agents with a van, defendant was convicted of assaulting federal officers in violation of 18 U.S.C. section 111. The 2nd Circuit rejected defendant’s contention that the district court should have sentenced him under 2A2.4, for obstructing or impeding officers, rather than section 2A2.2, for aggravated assault. Even though the indictment did not allege that defendant intended to injure the agents, there was no question that the underlying conduct fit the definition of aggravated assault. The court distinguished U.S. v. McCall, 915 F.2d 811 (2nd Cir. 1990), which held that the guideline must be selected only on the conduct charged in the indictment rather than a defendant’s relevant conduct. A cross-reference in section 2A2.4(c) states that if a defendant is convicted under 18 U.S.C. section 111 and the conduct constitutes aggravated assault, section 2A2.2 applies. The word “conduct” refers to a defendant’s actual conduct, not the conduct charged in the indictment. U.S. v. Padilla, 961 F.2d 322 (2nd Cir. 1992).
2nd Circuit upholds first degree murder as most analogous offense even though crime was second degree murder under state law. (210) Defendant was convicted of conspiring to participate in a racketeering enterprise based in part upon his involvement in a murder. The 2nd Circuit upheld the district court’s use of the first degree murder guideline to establish defendant’s base offense level, even though New York law would have categorized the murder as only second degree murder. The district court’s task under guideline section 2E1.1 was to find the offense level corresponding to the most analogous federal offense. A person is guilty of second degree murder under New York law when, with intent to cause the death of another, he causes the death of such person or third person. First degree murder is defined under federal law, 18 U.S.C. section 1111, as a “willful, deliberate, malicious and premeditated killing.” U.S. v. Minicone, 960 F.2d 1099 (2nd Cir. 1992).
2nd Circuit holds court must impose life imprisonment for first-degree murder. (210) Defendant was convicted of first-degree murder, and pursuant to 18 U.S.C. § 1111 sentenced to life imprisonment without parole. The 2nd Circuit rejected defendant’s argument that the Sentencing Reform Act and the sentencing guidelines conferred on a sentencing court the discretion to impose a lesser sentence. The abolition of parole under the sentencing guidelines did not change this analysis. A life sentence without the possibility of parole did not violate the 8th Amendment’s prohibition against cruel and unusual punishment. U.S. v. Gonzalez, 922 F.2d 1044 (2nd Cir. 1991).
2nd Circuit holds that violent assaults committed in furtherance of racketeering activities constituted continuing crimes. (210) Defendant committed four assaults, three of which occurred prior to the effective date of the guidelines. The assaults were committed on the instructions of the leader of a violent narcotics ring of which defendant was a member. The 2nd Circuit found that the guidelines were applicable. Defendant’s string of assaults was a continuing offense committed to maintain and increase his position in an enterprise engaged in racketeering activity. Since one of the assaults occurred after the effective date of the guidelines, defendant’s criminal conduct was a “straddle” crime to which the guidelines applied. U.S. v. McCall, 915 F.2d 811 (2nd Cir. 1990).
2nd Circuit holds that applicable guidelines section must be based upon offense of conviction. (210) Defendant pled guilty to aggravated assault, but the district court determined that defendant had acted with a “depraved indifference to human life,” and applied the guideline section for assault with intent to commit murder. The 2nd Circuit reversed, holding that the applicable guideline section must be determined with reference to the offense of conviction, not to defendant’s other conduct. To sentence defendant on the basis of another guideline section, the parties should have sought a stipulation to the more serious offense pursuant to guideline § 1B1.2(a). Defendant’s agreement to describe his assaults at the time of his plea did not constitute the necessary stipulation, but rather an agreement to make available to the court information concerning the assaults for the purpose of evaluating the specific offense characteristics and evidence of relevant conduct. U.S. v. McCall, 915 F.2d 811 (2nd Cir. 1990).
3rd Circuit upholds finding that defendant committed aggravated assault. (210) During defendant’s fight with Navarro, a shot was fired. The two men separated, with defendant holding the gun. Neither had been struck by the bullet or sustained serious injury. Defendant pointed the gun at Navarro, but then pointed the gun upward and fired a single shot. Both men then left the scene. Defendant was convicted of being a felon in possession of a firearm. The district court found that the confrontation with Navarro constituted an aggravated assault, and increased his offense level under § 2K2.1(b)(5). The Third Circuit held that the finding that defendant committed aggravated assault was supported by a preponderance of the evidence. Navarro testified that he did not enter the fight with any weapons. The firearm was produced in some manner during the altercation, and soon thereafter, the firearm discharged. The precise circumstances of the fight were matters of reasonable speculation, but the testimony from Navarro could reasonably be interpreted as showing that defendant purposely pulled the firearm out during the fight and fired at Navarro with the intent to cause serious bodily harm. This supported the aggravated assault finding. U.S. v. Grier, 475 F.3d 556 (3d Cir. 2007) (en banc).
3rd Circuit says Apprendi bars sentence for “non-simple assault” and resulting career offender finding. (210) The jury found defendant guilty of assaulting a federal officer under 18 U.S.C. § 111(a), but failed to convict on two counts of assault with a dangerous weapon under 18 U.S.C. § 111(b). At sentencing, defendant argued that his actions amounted to nothing more than “simple assault” which carries a maximum term of one year. Nevertheless, the district court noted that § 111(a) also provides for three years’ imprisonment in “all other cases” of assault, and concluded that defendant’s crime was “non-simple assault.” On appeal, the Third Circuit reversed, holding that § 111(a) describes two separate offenses, and the district court’s finding that defendant was guilty of “non-simple assault” exceeded the “simple assault” found by the jury. This finding violated Apprendi v. New Jersey, 530 U.S. 466 (2000) because it increased the statutory maximum to three years. In addition, by increasing the maximum term of imprisonment beyond one year, the assault qualified as a “crime of violence” for purposes of the career offender guideline § 4B1.1, which increased defendant’s Criminal History Category from V to VI. The sentence was reversed. U.S. v. McCulligan, 256 F.3d 97 (3d Cir. 2001).
3rd Circuit uses first-degree murder guideline where statute provided for life in prison or death. (210) Defendant was convicted of murdering a witness in violation of 18 U.S.C. § 1512(a)(1)(A) and (C). The district court applied § 2A1.1(a), the guideline for first-degree murder. Defendant contended this was error because the jury did not find that the killing was first degree murder. The Third Circuit found it unnecessary to resolve this issue because § 1512(a)(2)(A) provides the punishment shall be death or life imprisonment where the killing constitutes murder, regardless of whether it is first-degree or second-degree murder. Defendant did not argue that the killing here was manslaughter. U.S. v. Bell, 113 F.3d 1345 (3rd Cir. 1997).
3rd Circuit holds weapon increase for aggravated assault was not double counting. (210) Defendant, a police officer, was convicted of several counts of using excessive force for striking suspects with a flashlight. He argued that an enhancement under § 2A2.2(b)(2)(B) for using a dangerous weapon was improper double counting because the weapon had already been considered by the district court in classifying his conduct as an aggravated assault. The Third Circuit, agreeing with a majority of the circuits, held that the dangerous weapon enhancement for the aggravated assault was not improper double counting. The aggravated assault guideline is triggered if the conduct involved a dangerous weapon with intent to do bodily harm. By contrast, the specific offense enhancements deal with the relative level of involvement of that dangerous weapon in the offense. The conclusion is not different when the weapon is an ordinary object, such as the large flashlight used by defendant Moreover, even if there was double counting, it was permissible because it explicitly was mandated by the clear language of § 2A2.2. U.S. v. Johnstone, 107 F.3d 200 (3d Cir. 1997).
3rd Circuit affirms upward departure based upon multiple assault victims. (210) Defendant and a codefendant assaulted three Assistant U.S. Attorneys but pled guilty to assaulting only one of them. The district court departed upward by three levels based on defendant’s assault of multiple victims. The 3rd Circuit affirmed, finding no evidence that the sentencing commission considered multi-victim aggravated assaults in formulating guideline § 2A2.2(b)(1). The three-level departure was also reasonable, even though only two additional victims were involved. The district court structured the departure using the concept of grouping the counts, treating defendant as if he had been convicted of three counts of aggravated assault. U.S. v. Johnson, 931 F.2d 238 (3rd Cir. 1991).
3rd Circuit affirms that defendant who pointed gun at victim’s head “otherwise used” the weapon. (210) Defendant approached his victim with a gun, pointed it at her head from a distance of one to two feet, ordered her not to start her car or he would “blow [her] head off,” and demanded her money. The 3rd Circuit affirmed the district court’s determination that defendant “otherwise used” the weapon, rather than merely “brandishing” it. The court construed brandishing a weapon as “denoting a generalized rather than a specific threat.” In this case, defendant did not simply point or wave the firearm, but leveled it at his victim’s head and made a specific threat. U.S. v. Johnson, 931 F.2d 238 (3rd Cir. 1991).
3rd Circuit rules that victim adjustment applies to solicitation for murder even if target is a federal officer. (210) Defendant was convicted of soliciting a person to commit a crime of violence; namely the murder of his U.S. parole officer. He argued that he was subjected to cumulative punishment in violation of the double jeopardy clause when the sentencing court enhanced his offense level by three points because the intended victim was a federal officer (§ 3A1.2). The 3rd Circuit disagreed, holding that 3A1.2, which provides that the enhancement is not applicable if the offense guidelines specifically incorporate this factor, did not preclude its application in this case. Nothing in 18 U.S.C. § 373(a) suggests that the offense is in any way dependant upon the status of the victim, unlike 18 U.S.C. § 1114, wherein the enhancement would not be warranted. U.S. v. McNeill, 887 F.2d 448 (3rd Cir. 1989).
3rd Circuit holds that victim related enhancements apply to solicitation offenses. (210) The Commentary to § 2A1.2 provides that no enhancements should be applied in the case of solicitation. The 3rd Circuit held that this language only prohibited the application of specific offense characteristics, but not victim, role and obstruction of justice enhancements. The court relied on § 1B1.1, which governs the manner of sentence determination, to affirm the use of a victim related enhancement in a solicitation to murder case. U.S. v. McNeill, 887 F.2d 448 (3rd Cir. 1989).
3rd Circuit rules that conviction for 1st degree murder carries a mandatory life term of imprisonment. (210) Defendant was convicted of the first degree murder of his wife, an army sergeant, after the jury rejected his voluntary manslaughter defense. The district court sentenced him to the mandatory term of life without parole. He appealed, claiming that the enactment of 18 U.S.C. § 3581(b), § 3559, and the guidelines confer upon the district court the discretion to depart from the mandatory life term carried by 18 U.S.C. § 1111 (murder). The 3rd Circuit rejected his argument, finding no support for that conclusion in either the language or legislative history of those statutes or the guidelines. (Sections 5G1.1 or 2A1.1) The court held that first degree murder convictions are punishable by life imprisonment, unless some ground for departure is warranted. U.S. v. Donley, 878 F.2d 735 (3rd Cir. 1989).
4th Circuit upholds cross-reference to second-degree murder guideline. (210) Defendant was convicted of illegal possession of a firearm. Because he had used the firearm on the day of his arrest to shoot another person, the district court used the cross-reference in § 2K2.1(c) to apply the attempted second-degree murder guideline. Defendant argued that the facts in the PSR failed to establish the elements of attempted second-degree murder, and at most supported a finding of attempted voluntary manslaughter. The Fourth Circuit upheld the district court’s use of the cross-reference. Defendant reignited a previous dispute with the victim, Chaplin, by driving across town to retrieve his gun hours after an initial altercation, warning neighbors that he intended to use the firearm on Chaplin. Defendant then made good on his threat, telling Chaplin “I should kill you” before firing three shots, two of which hit Chaplin. Even if Chaplin shared some blame by virtue of his decision to confront defendant, defendant was “not angry” or in danger when he drew his firearm and pursued the fleeing Chaplin. These facts exhibited the wanton behavior that warranted an inference of malice. U.S. v. Ashford, 718 F.3d 377 (4th Cir. 2013).
4th Circuit rejects use of murder cross-reference where neither conviction nor cross-referenced offense was groupable. (210) Defendant was convicted of being a felon in possession of a firearm based on an incident with his girlfriend. However, the bulk of his sentencing hearing was devoted to testimony about a home invasion robbery and murder that occurred one week after the offense of conviction. The district court found that the murder was relevant conduct to the firearm offense, and applied the cross-reference in § 2K2.1(c)(1) to the murder guideline, § 2A1.1. The Fourth Circuit found sufficient evidence that defendant committed the murder. However, the murder was not relevant conduct under § 1B1.3(a)(2), and thus did not support application of the § 2K2.1(c)(1) cross-reference. The relevant conduct guideline applies where the offenses would require grouping of multiple counts under § 3D1.2. Although there is a circuit split on this issue, the panel held that subsection (a)(2) is applicable only when both the offense of conviction and the relevant conduct offense are capable of grouping. U.S. v. Horton, 693 F.3d 463 (4th Cir. 2012).
4th Circuit uses first-degree murder guideline for firing firearm into crowded parking lot. (210) Defendant sprayed 22 rounds of an AK-47 assault rifle into a crowded night club parking lot, killing a man sleeping in a car. He was convicted of being a felon in possession of a firearm. The district court applied the cross-reference in § 2K2.1(c)(1) to sentence defendant under the first-degree murder guideline, § 2A1.1. The Fourth Circuit held that the district court did not err in finding that first-degree murder was the appropriate cross-reference for defendant’s firearm offense. It was not necessary that the defendant intend to kill the specific individual who died. Here, many facts supported the view that defendant behaved willfully, deliberately, maliciously, and with premeditation, including the fact that he had previously threatened mayhem at the club, and the fact that he kept firing until he emptied his magazine. The court properly applied the first-degree murder reference. U.S. v. Wright, 594 F.3d 259 (4th Cir. 2010).
4th Circuit remands for court to explain basis for dangerous weapon enhancement. (210) Defendant, a civilian contractor, was convicted of felony assault resulting in serious bodily injury, and three counts of simple assault, arising out of beatings he inflicted on an Afghan national at a U.S. Army outpost in Afghanistan. The district court applied a three-level enhancement for the threatened use of a dangerous weapon, presumably based on defendant’s use of a heavy flashlight or his shod foot to beat the victim. Defendant argued that the court erred because the jury found that defendant had actually kicked the victim, rather than threatening to kick him. The government agreed that the court erred and it should have applied the four-level enhancement for actual use of a dangerous weapon. The Fourth Circuit remanded for further findings. Although at sentencing, the parties and court discussed the boot and flashlight, the court ultimately applied the dangerous weapon enhancement with no explanation. U.S. v. Passaro, 577 F.3d 207 (4th Cir. 2009).
4th Circuit vacates where court may have incorrectly equated reckless indifference to knowing behavior. (210) Defendant intentionally set fire to an apartment building and caused the death of an occupant. Because death resulted from the fire, § 2K1.4(c)(1) cross-referenced § 2A1.1, the first degree murder guideline. Note 1 to § 2A1.1 authorizes a downward departure if “the defendant did not cause the death intentionally or knowingly.” In refusing to depart, the court did not make a finding that defendant actually knew that people were inside the building at the time of the fire. Rather, the court concluded that “the only reasonable belief would be there were people” present in the apartment building, which “creates a finding of reckless indifference, willful indifference, which equates to knowledge.” The Fourth Circuit held reckless indifference does not equate with knowledge, and if the court refused to depart based on this finding, it would be error. However, it was unclear whether the court also found that the evidence was sufficient to find that defendant knowingly caused the death of another. Therefore, the panel vacated defendant’s sentence and remanded for resentencing. U.S. v. Carr, 303 F.3d 539 (4th Cir. 2002).
4th Circuit upholds cross-reference for death during drug offense. (210) Evidence at sentencing showed that defendant shot and killed Johnson during a drug-related altercation. Finding the evidence of the killing persuasive, even though defendant was not indicted and convicted of murder, the sentencing court set the base offense level of 43, relying on § 2D1.1(d)(1) (death during drug offense) in combination with § 2A1.1 (murder). Defendant argued that this was inappropriate, given that (a) he was never tried by a jury and convicted of murder, and (b) even if the standard for proving murder was more relaxed in the sentencing context, there still was not enough evidence to prove he actually committed the murder. The Fourth Circuit upheld the cross-reference, finding that a preponderance of the evidence supported the court’s finding that defendant killed Johnson. At sentencing, a deputy testified to statements made by three witnesses, all of whom implicated defendant in the killing. Defendant’s “real complaint is that he was, in effect, tried and sentenced for first degree murder without the benefit of a jury finding the same beyond a reasonable doubt.” However, this method of “real offense” sentencing does not offend the Constitution. U.S. v. Carter, 300 F.3d 415 (4th Cir. 2002).
4th Circuit upholds use of murder guideline for drug conspirators. (210) The guidelines direct that in sentencing drug offenders, the court must enhance the sentence when a killing occurs in the course of a drug trafficking conspiracy “under circumstances that could constitute murder under 18 U.S.C. § 1111.” USSG § 2A1.1. The jury’s acquittal of defendant on the murder count in the indictment did not prevent the sentencing court from considering conduct underlying the charged drug crimes so long as such conduct has been proved. The Fourth Circuit affirmed the district court’s use of § 2A1.1 here. Even if the clear and convincing evidence standard applied, as contended by defendant, the government produced sufficient evidence that defendant fired the fatal shot, and did so in furtherance of his drug conspiracy. The panel also ruled that co-conspirator Jones was properly sentenced under § 2A1.1. Jones’s role as an “enforcer,” who inflicted beatings on those who interfered with the workings of the drug conspiracy, made the murder foreseeable to him. U.S. v. Montgomery, 262 F.3d 233 (4th Cir. 2001).
4th Circuit says presence of deadly weapon or bodily injury are elements of separate offenses, not sentencing factors. (210) Defendant was convicted of assaulting a federal officer, in violation of 18 U.S.C. § 111(b). Section 111 provides maximum penalties of (i) one year for simple assault, or an assault not involving physical contact, (ii) ten years for assault involving use of a dangerous or deadly weapon or infliction of bodily injury, and (iii) three years for all other assaults. The Fourth Circuit held that the presence of bodily injury or use of a deadly or dangerous weapon are essential elements of an offense under § 111(b), rather than mere sentencing enhancements. Thus, they must be charged in the indictment and proved to a jury beyond a reasonable doubt. See Apprendi v. New Jersey, 530 U.S. 466 (2000). The indictment here failed to allege infliction of bodily injury, and the element of bodily injury was not submitted to the jury. However, the district court made a finding at sentencing that defendant inflicted bodily injury, and sentenced him to ten years. This ten-year sentence for an offense element – infliction of bodily injury – that was neither charged in the indictment nor proved to the jury constituted plain error. The error affected defendant’s substantial rights because it exposed him to a term of imprisonment greater than the statutory maximum for the crime of which he was convicted. U.S. v. Campbell, 259 F.3d 293 (4th Cir. 2001).
4th Circuit rejects challenge to life sentence. (210) Defendant was convicted of murder in aid of racketeering in violation of 18 U.S.C. § 1959(a)(1) and use of a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c). Under guideline section 2A1.1, his offense level for the first-degree murder was 43, requiring a sentence of life imprisonment. Defendant argued that the Sentencing Commission’s decision to impose a presumptive life sentence for violations of § 1959(a)(1) was beyond its statutory authority. He also contended that his life sentence was invalid because it infringed on his right to a jury trial. If he had pled guilty, he would have been eligible for an acceptance of responsibility reduction and thus could have reduced his guideline range to 360 months to life. The Fourth Circuit upheld the life sentence. Defendant’s arguments rested on two inaccurate assumptions. First, defendant assumed that judges have no discretion to sentence a § 1959(a)(1) defendant to less than life imprisonment. However, judges may adjust a sentence downward for a number of reasons, including substantial assistance to the government and acceptance of responsibility. Defendant also incorrectly assumed that a defendant who insists on going to trial cannot receive an acceptance of responsibility reduction. However, note 2 to § 3E1.1 makes clear that conviction by trial does not automatically preclude a defendant from receiving a § 3E1.1 reduction. U.S. v. Gray, 137 F.3d 765 (4th Cir. 1998).
4th Circuit approves use of murder guideline for drug defendant who killed rival drug dealer. (210) Defendant was convicted of drug and firearms charges, but the district court sentenced him under § 2A1.1, the murder guideline. Section 2D1.1(d)(1) provides that a drug defendant must be sentenced under § 2A1.1 if a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 111. The Fourth Circuit affirmed. Defendant had accosted a rival drug dealer for the purpose of robbing him of cocaine base that defendant believed the victim had on his person. Defendant pulled the trigger that killed the dealer. One witness testified that he watched defendant shoot the victim. Two co-conspirators testified that defendant had gone to a certain restaurant to rob the dealer. U.S. v. Crump, 120 F.3d 462 (4th Cir. 1997).
4th Circuit, by equally divided en banc court, affirms departure from 2nd-degree murder guideline. (210) Defendant pled guilty to second-degree murder after shooting a drug dealer. The district court, relying on evidence that the murder was planned, departed upward on the basis of premeditation. In U.S. v. Barber, 93 F.3d 1200 (4th Cir. 1996), vacated on grant of rehearing en banc U.S. v. Barber, 119 F.3d 276 (4th Cir. 1996), a Fourth Circuit panel rejected premeditation as a basis for departure from the second-degree murder guideline. On rehearing en banc, the Fourth Circuit affirmed by an equally divided court the district court’s decision to depart upward based on premeditation. Judge Wilkins wrote separately to explain why six judges believed that premeditation was a proper basis for departure. Judge Murnaghan wrote separately to emphasize that an affirmance by an equally divided court is not entitled to precedential weight. U.S. v. Barber, 119 F.3d 276 (4th Cir. 1997), replacing on rehearing en banc U.S. v. Barber, 93 F.3d 1200 (4th Cir. 1996).
4th Circuit, en banc, rejects departure from murder guideline for use of gun. (210) Defendant pled guilty to second-degree murder after shooting a drug dealer. The district court departed upward under § 5K2.6 based in part on the use of a dangerous weapon–a firearm. The Fourth Circuit, en banc, held that the use of a gun to commit a second-degree murder is not grounds for departure absent extraordinary circumstances. Using a weapon or dangerous instrumentality to commit second-degree murder is within the heartland of conduct encompassed by § 2A1.2. The overwhelming majority of murders are committed with a weapon. Departure based on an encouraged factor that is taken into account is permitted if the factor is present to an extraordinary degree. There was nothing in the record to suggest that the use of the gun here was extraordinary. U.S. v. Barber, 119 F.3d 276 (4th Cir. 1997), replacing on rehearing en banc U.S. v. Barber, 93 F.3d 1200 (4th Cir. 1996).
4th Circuit rules assimilated crime was more like aggravated assault than property damage. (210) Defendants shot at an occupied vehicle in a national forest, and were convicted under the Assimilative Crimes Act. The Fourth Circuit upheld the use of the aggravated assault guideline, § 2A2.2(a), rather than the property damage or destruction guidelines, § 2B1.3(a). The indictment described conduct much more serious than simple property damage. It charged that defendants acted with malice and that they actually imperiled the life of another person. Although aggravated assault did not perfectly describe defendants’ conduct, a perfect match was not required. U.S. v. Terry, 86 F.3d 353 (4th Cir. 1996).
4th Circuit applies § 2A1.1 where death resulted from explosive. (210) Defendant sent an explosive to his business partner, intending to kill him. The explosive injured the partner and killed his son. Defendant was convicted of violating 18 U.S.C. § 844(i), maliciously destroying a building with an explosive. Section 2K1.4(c)(1) directs that when death results from the use of an explosive, the court is to apply the “most analogous” guideline. The Fourth Circuit agreed that § 2A1.1, the guideline for first degree murder, was the most analogous guideline since death resulted from the use of the explosive. This resulted in an offense level of 43. The district court was free to depart downward if defendant did not cause the death intentionally. However, defendant did not move for such a departure and one was not warranted because the district court found that the victim’s death was a premeditated killing in which defendant acted with malice. U.S. v. Gullett, 75 F.3d 941 (4th Cir. 1996).
4th Circuit considers good time credit in deciding whether sentence exceeds life expectancy. (210) Defendant used an explosive to commit murder. The arson statute, 18 U.S.C. § 844(i), provides that where death results, the sentence shall be for any term of years, or death, or life imprisonment, as provided in 18 U.S.C. § 34. The Fourth Circuit agreed that the pre‑1994 version of § 34 in effect when defendant was sentenced barred the district court from imposing a sentence that exceeded defendant’s life expectancy, in the absence of a jury recommendation. However, the 38‑year sentence imposed did not exceed defendant’s 33.8 year life expectancy, if good‑time credits were considered. With good‑time, defendant would serve 33.1 years. To bar consideration of such credits would reward a defendant who says he is going to be a troublemaker in prison. U.S. v. Gullett, 75 F.3d 941 (4th Cir. 1996).
4th Circuit holds that Sentencing Reform Act abolished parole for murderer’s life sentence. (210) Defendant received a sentence of life imprisonment without parole for first-degree murder, in violation of 18 U.S.C. section 1111. The 4th Circuit rejected defendant’s argument that the Sentencing Reform Act of 1984 did not abolish parole for a sentence of life imprisonment under section 1111. Prior to the Sentencing Reform Act, two sections, 18 U.S.C. section 4206(d) and 4205(a), provided the possibility of parole for those sentenced to life under section 1111. Those two sections were repealed by the Sentencing Reform Act. The fact that neither the Act nor its legislative history specifically expresses the intent to abolish parole for life sentences was irrelevant. U.S. v. Analla, 975 F.2d 119 (4th Cir. 1992).
4th Circuit rules attempted murder guideline should apply to attempt to blow up husband. (210) Defendant pled guilty to four firearms offenses as a result of two instances where she attempted to blow up her ex-husband. Following cross-references in the firearms guidelines, the court applied guideline section 2X1.1. Relying on section 2S1.1(a), the district court found that because defendant intended to kill her ex-husband, the “object offense” was first degree murder. Defendant was sentenced accordingly, although the court departed downward from the offense level for first degree murder to the level for second degree murder. The 4th Circuit reversed, ruling that the district court should have applied the attempted murder guideline, section 2A2.1. Once the district court applied the attempt guideline (section 2X1.1), it then should have determined whether a specific guideline covered defendant’s attempted offense, i.e., the guideline for attempted murder. U.S. v. Dickerson, 956 F.2d 46 (4th Cir. 1992).
4th Circuit applies aggravated assault guideline to inmate who threw chair at corrections officers. (210) The jury convicted defendant of using a deadly weapon during a prison riot and assaulting a correctional officer, based upon defendant’s act of throwing a chair at the officer. He contended that the court erred in sentencing him under guideline § 2A2.2 because his conduct did not amount to aggravated assault. In the alternative, he argued that it was error to increase his offense level under § 2A2.2(b)(3)(A) because his assault did not cause bodily injury. The 4th Circuit rejected the arguments. Even if the chair defendant threw did not cause a specific injury, defendant participated in and aided a riot in which assaults that caused bodily injuries occurred. The defendant was accountable for these injuries as relevant conduct under § 1B1.3. U.S. v. Bassil, 932 F.2d 342 (4th Cir. 1991).
4th Circuit groups all counts arising out of same assault. (210) Defendant was convicted of three different offenses arising out of his assault on a corrections officer. The district court found that defendant’s counsel had withdrawn his claim that Counts I and II should be grouped, and accordingly did not group any of the offenses. The government acknowledged that it was error not to group Counts I and II, and did not argue that the issue was not properly reserved for appeal. The 4th Circuit found that all counts against defendant should have been grouped for sentencing under guideline § 3D1.2(a). They all involved the same act or transaction, represented essentially the same injury, were part of the same criminal episode, and involved the same victim. U.S. v. Young, 916 F.2d 147 (4th Cir. 1990).
4th Circuit upholds increase in offense level for defective bomb. (210) The sentencing court determined that the bomb which defendant placed in a rival’s car was dangerous and was placed there to harm, not to warn. The base offense level was increased by three levels under U.S.S.G. 2A2.2(b)(2)(C) for the “brandished or threatened use of a dangerous weapon.” The 4th Circuit affirmed, finding that although the bomb failed to go off because it was not properly grounded, it was still a dangerous weapon. The sentencing court’s determination that the bomb was not an attempt to warn was not clearly erroneous. U.S. v. Foster, 898 F.2d 25 (4th Cir. 1990).
4th Circuit rules increase for more than minimal planning was not double punishment. (210) Defendant argued that he was subjected to double punishment when the court found his assault was aggravated and then raised the offense level by two for more than minimal planning. The 4th Circuit rejected this argument. Aggravation of an assault and amount of planning are merely factors for a district court to consider before arriving at a proper sentence. The court commented that “allocation of additional guilt for the more deliberate commission of a crime is entirely consistent with human experience,” citing the difference between murder and manslaughter as an example. U.S. v. Foster, 898 F.2d 25 (4th Cir. 1990).
5th Circuit finds Apprendi error in basing sentence on uncharged physical contact not submitted to jury. (210) Defendant was convicted of two counts of forcible assault on a police officer. She argued that the district court plainly erred by sentencing her to 21 months of imprisonment and two years of supervised release, because she was convicted of misdemeanors that were punishable by no more than 12 months of imprisonment. The parties agreed that there was plain error under Apprendi since the fact of physical contact with the officer (which would have transformed the misdemeanor to a felony) was neither charged in the indictment nor submitted to the jury. The Fifth Circuit found that the error affected defendant’s substantial rights and reversed. Although the district court could have imposed consecutive sentences, under the terms of § 5G1.2(d), it can do so “only to the extent necessary to produce a combined sentence equal to the total punishment” – i.e., the top of the guideline range. Any sentence above 18 months, the top of that range, would be an upward departure. The court made no findings in its written order of judgment supporting an upward departure, and there was no indication the court would have upwardly departed had it sentenced defendant under the correct guideline range. U.S. v. Williams, 602 F.3d 313 (5th Cir. 2010).
5th Circuit uses second-degree murder guideline where transporting aliens resulted in five deaths. (210) Defendant transported nine undocumented aliens in his SUV. While traveling at a high speed in an attempt to escape Border Patrol agents, defendant crashed the SUV, killing five of the aliens. The district court applied a cross-reference in the alien-transporting guideline to sentence defendant under the second-degree murder guideline, and the Fifth Circuit affirmed. Defendant was extremely reckless and demonstrated a wanton disregard for human life: he drank a substantial amount of beer en route to picking up the aliens and stopped to purchase more alcohol while transporting them; the aliens were not wearing any safety restraints; an infant was traveling in the arms of its mother in the front passenger seat; the number of passengers exceeded the maximum capacity of the vehicle; defendant evaded authorities by commencing a high speed flight; he continued to speed away even after agents terminated their pursuit; he was driving at a high rate of speed over railroad tracks in an area highly trafficked by both vehicles and pedestrians; and he transported the aliens for personal gain. U.S. v. Lemus-Gonzalez, 563 F.3d 88 (5th Cir. 2009).
5th Circuit holds that defendant who pointed shank and swung it at assault victim “otherwise used” the shank. (210) Defendant, a federal inmate, was convicted of forcibly assaulting a federal corrections officer, in violation of 18 U.S.C. § 111. Section 2A2.2 provides for a four-level enhancement if a dangerous weapon was “otherwise used,” and by three levels if a dangerous weapon was brandished or its use was threatened. “Otherwise used” means that the conduct did not amount to the discharge of a firearm, but was more than brandishing, displaying, or possessing the dangerous weapon. “Brandished” means that all of part of the weapon was displayed, or the presence of the weapon was otherwise made known to another person, in order to intimidate that person. Here, after hitting the officer and knocking him to the ground, defendant pulled out a shank (a homemade knife), and swung it at the officer. The Fifth Circuit upheld a § 2A2.2(b)(2)(B) increase for “otherwise using” the shank during the assault. Defendant did more than just display the shank, or make its presence known in order to intimidate. Defendant both pointed and swung the shank towards the officer. U.S. v. Williams, 520 F.3d 414 (5th Cir. 2008).
5th Circuit holds that factual impossibility barred application of cross-reference for “another offense.” (210) Defendant sold a bomb to an undercover agent who told defendant she wanted to use the bomb to kill her ex-husband. Explosives experts confirmed that the bomb would have worked. Section 2K1.3(c)(1) provides that if the defendant possessed or transferred any explosive material with knowledge or intent that it would be used in connection with another offense, the court should apply § 2X1.1 (Attempt, Solicitation, Conspiracy) in respect to that other offense if it would result in a greater offense level. The government argued that § 2A1.2, the guideline for attempted murder, should be applied because defendant knew that the bomb was going to be used to commit murder. The district court refused to apply the cross-reference, ruling that because this was a sting operation, there was no commission or attempted commission of another offense. The Fifth Circuit reversed, holding that the court legally erred in determining that factual impossibility rendered the application of the guideline inappropriate. Factual impossibility is not a defense to a charge of attempt. U.S. v. Rankin, 487 F.3d 229 (5th Cir. 2007).
5th Circuit holds that court erred in refusing to find whether degree of victim’s injury merited greater enhancement. (210) Defendant, a federal prisoner, was convicted of assaulting his cellmate with a dangerous weapon, in violation of 18 U.S.C. § 113(a)(3). The government requested a four-level enhancement based on the degree of victim’s injuries, § 2A2.2(b)(3)(D). The sentencing court refused, observing that defendant had not admitted that the victim had suffered any particular degree of injury, and finding that the Sixth Amendment required that the facts supporting the four-level enhancement either be admitted by defendant or found beyond a reasonable doubt. After sentencing, the Fifth Circuit issued U.S. v. Mares, 402 F.3d 511 (5th Cir. 2005), which, with the mandatory use of the guidelines excised, upheld a sentencing judge’s ability post-Booker to find by a preponderance of the evidence all the facts relevant to the determination of a guideline sentencing range. The Fifth Circuit held that the district court erred in refused to find the facts relevant to defendant’s guideline range by a preponderance of the evidence. The facts relevant to the application of § 2A2.2(b)(3)(D) did not subject defendant to a higher potential sentence. Defendant’s guilty plea by itself authorized a sentence of zero to 10 years’ imprisonment. Because application of § 2A2.2(b) (3)(D) had no mandatory effect on defendant’s sentence, the district court erred in declining to find the relevant facts by a preponderance of the evidence. U.S. v. Harper, 448 F.3d 732 (5th Cir. 2006).
5th Circuit holds that age enhancement for sexual contact with a minor constituted double counting. (210) Defendant was convicted of sexual contact with a minor under the age of 12, in violation of 18 U.S.C. §§ 1153, 2244(a)(1). After assigning defendant a base offense level of 10 under § 2A3.4(a)(3), the court imposed a six-level enhancement under § 2A3.4(b)(1) because the victim had not attained the age of 12. Defendant argued that age was factored twice in the calculation of his offense level of 16 – once in the calculation of base offense level 10, and subsequently in the six-level enhancement. The Fifth Circuit agreed that this constituted improper double counting. Defendant’s violation of § 2244 (a) required that the age of the victim be under 12. There are only two offenses covered by § 2A3.4 that are assigned a base offense level of 10: § 2244(a)(1) and § 2244(a)(3). Section 2244(a)(3) punishes sexual contact with child-victims between the ages of 12 and 16. The guidelines commentary specifically exempts only § 2244(a) (3) from an age enhancement. See Background Commentary. However, it cannot be that age was factored into the computation of base offense level as applied to § 2244(a)(3) offenses but not to § 2244(a)(1) offenses. Although the commentary does not explicitly state that § 2241(a)(1) is exempt from an age enhancement, the commentary does not control where it is plainly erroneous or inconsistent with the guidelines. U.S. v. John, 309 F.3d 298 (5th Cir. 2002).
5th Circuit finds child abuser engaged in more than minimal planning. (210) Examination of defendant’s three-month-old twin daughters revealed, in each child, between ten and twenty fractures that occurred on at least two separate occasions. Defendant acknowledged injuring the children and then not taking them to a doctor. He told his wife he did not know what was wrong with the arm of one of the girls, but later admitted to investigators that he had injured her when removing her from a car seat. On these facts, the Fifth Circuit found no clear error in the district court’s finding that defendant had engaged in “significant affirmative steps” to conceal the offense, and therefore it was proper to increase the offense level by two levels under § 2A2.2(b)(1) for “more than minimal planning.” U.S. v. Perrien, 274 F.3d 936 (5th Cir. 2001).
5th Circuit holds that enhancement based on severity of injury in aggravated assault was not double counting. (210) Defendant pled guilty to intoxication assault in violation of Texas law and the Assimilative Crimes Act, and was sentenced under the aggravated assault guideline. He argued that an enhancement based on the severity of his victim’s injuries constituted impermissible double counting because “the injury was already the reason for using the aggravated assault guideline instead of the driving while intoxicated guideline.” However, the Fifth Circuit has previously recognized that the guidelines do not contain a general prohibition against double counting. U.S. v. Box, 50 F.3d 345 (5th Cir. 1995). Rather, double counting is prohibited only if it is specifically forbidden by the particular guideline at issue. The prohibition must be in express language. Since there was no such prohibition against the enhancement of which defendant was complaining, the Fifth Circuit found no error here. U.S. v. Calbat, 266 F.3d 358 (5th Cir. 2001).
5th Circuit holds that aggravated assault is most analogous to drunk driving offense. (210) Defendant pled guilty to intoxication assault in violation of Texas law, and the Assimilative Crimes Act. The district court found that USSG § 2A2.2(a), the aggravated assault guideline, was the most analogous guideline. Defendant, however, argued that the involuntary manslaughter guideline, § 2A1.4 was more analogous because it, like the Texas law, encompassed recklessly driving a vehicle while intoxicated. The Fifth Circuit found no error. Although the federal assault statute, 18 U.S.C. § 113, does not specifically address driving while intoxicated, it does contain a provision which closely matches intoxication assault. Section 113(a)(6) punishes “assault resulting in serious bodily injury.” A specific intent to do harm is not an element of a § 113(a)(6) offense. Thus, the voluntarily consumption of alcohol followed by the operation of a motor vehicle while in a state of voluntary intoxication can satisfy the mens rea element of a § 113(a)(6) violation. Although the involuntary manslaughter guideline does address the specific behavior of driving while intoxicated, it also contains an element not present in this case, the death of the victim. Although it was odd that the use of the aggravated assault guideline resulted in a higher sentence than the use of the involuntary manslaughter guideline, courts cannot second guess the sentences established in the guidelines. U.S. v. Calbat, 266 F.3d 358 (5th Cir. 2001).
5th Circuit finds more than minimal planning where drunk driving defendant fled scene of accident. (210) Defendant pled guilty to intoxication assault in violation of Texas law, and the Assimilative Crimes Act. The district court applied a § 2A2.2(b)(1) more than minimal planning increase “not because the planning prior to the offense, but the planning to cover up the offense that occurred after the striking of the vehicle and [the victim].” The district court’s finding that defendant attempted to flee the scene of the crime was supported by adequate evidence and based on a credibility determination between the witnesses and was thus entitled to deference. Accordingly, the Fifth Circuit affirmed the enhancement. U.S. v. Calbat, 266 F.3d 358 (5th Cir. 2001).
5th Circuit rules RICO defendant properly sentenced under murder guideline. (210) Defendant was convicted of RICO charges. He argued that the jury did not make specific findings regarding underlying racketeering activities in convicting him, and the district court usurped the jury’s role in making those findings. The Fifth Circuit found that defendant was properly sentenced. Defendant was found guilty of two RICO conspiracy counts in violation of 18 U.S.C. § 1962. Both RICO counts including Racketeering Acts A (conspiracy to commit murder and murder) and B (murder) in violation of the laws of Mississippi. The applicable sentencing guideline, § 2E1.1, provides that the base level is the greater of 19 or the “offense level applicable to the underlying racketeering activity.” Here, the underlying activity involved violations of Mississippi murder statutes, and the district court properly analogized this offense to the federal first-degree murder guideline. U.S. v. Sharpe, 193 F.3d 852 (5th Cir. 1999).
5th Circuit finds “permanent or life-threatening bodily injury” to non-dominant hand. (210) Defendant tossed an FBI agent through a plate-glass door. Three tendons and some nerves in the agent’s left hand were severed and he experienced difficulty firing a gun with his left hand, which was his non-dominant hand. The surgeon estimated that the agent suffered a 10% to 20% loss of function in his left thumb from the tendon injuries and an additional 5% from the nerve damage. The surgeon also said the injuries were permanent. The Fifth Circuit held that the permanent injury to the victim’s non-dominant hand qualified as a “permanent or life-threatening bodily injury” under note 1(h) to § 1B1.1, and thus justified a seven level enhancement under § 2A2.2(b)(3). The plain language of note 1(h) encompasses injuries that may not be terribly severe but are permanent ¾ hence the disjunctive “permanent or life-threatening.” Absurdity is avoided by the requirement that the injury be “substantial.” U.S. v. Price, 149 F.3d 352 (5th Cir. 1998).
5th Circuit holds dangerous weapon enhancement was not improper double counting. (210) Defendant was convicted of assaulting a federal officer with a deadly weapon after he swerved his car into a federal agent’s car during a pursuit. He argued that because his vehicle, a non-dangerous object, only became a dangerous weapon when he used it to ram the agent’s car, the § 2A2.2(b)(2)(B) dangerous weapon enhancement was improperly based on the same conduct as his sentence for aggravated assault. The Fifth Circuit affirmed the dangerous weapon enhancement without deciding whether the guidelines distinguish between objects that are inherently dangerous weapons and ordinary objects that become dangerous through their use. Even assuming that a particular use is necessary to transform an ordinary object into a dangerous weapon, defendant used his car in two separate ways. First, he rammed the agent’s vehicle. Second, he engaged federal agents in a reckless, high-speed chase. This second dangerous use justified the enhancement for otherwise using a dangerous weapon. U.S. v. Morris, 131 F.3d 1136 (5th Cir. 1997).
5th Circuit agrees that defendant intended bodily harm when he swerved his car into pursuing vehicle. (210) Defendant led police on a high-speed car chase. At one point, he swerved his vehicle into a pursuing agent’s vehicle, causing the agent to veer off the road into a parking lot and towards a concrete embankment. A jury convicted defendant of assaulting a federal agent with a deadly weapon. The Fifth Circuit upheld the use of § 2A2.2, the aggravated assault guideline, finding sufficient evidence to support the court’s finding that defendant intended to cause bodily harm when he swerved his vehicle into the pursuing agent’s car. A number of law enforcement officers testified at trial that defendant intentionally rammed his car into the officer’s car hard enough to make it leave the road. Although the agent was not injured, the intent to do bodily harm could be inferred from defendant’s conduct. U.S. v. Morris, 131 F.3d 1136 (5th Cir. 1997).
5th Circuit rejects use of murder guideline in RICO case where murder conviction was reversed. (210) Defendants were members of a street gang that conspired to distribute drugs and committed violent crimes in aid of racketeering. The district court sentenced them under § 2A1.2, the second-degree murder guideline, rather than the alternative minimum base offense level provided in § 2E1.3, because a co-conspirator shot two men, and defendants told police that one of the men had reached for a gun immediately before the co-conspirator shot them. The PSR, which was adopted by the district court, found defendants statements were inconsistent with the jury’s verdict rejecting the co-conspirator’s claim of self-defense. Nevertheless, the Fifth Circuit reversed the use of the murder guideline because it previously vacated the co-conspirator’s murder conviction. The now-vacated conviction was the sole basis for the court’s determination that defendants lied to police. The district court plainly erred in resting its factual findings on a verdict that was later found to be infirm. U.S. v. Wilson, 116 F.3d 1066 (5th Cir. 1997), vacated in part on other grounds sub nom. U.S. v. Brown, 161 F.3d 256 (5th Cir. 1998) (en banc).
5th Circuit rejects use of murder guideline even though object of mail fraud was murder. (210) Defendant pled guilty to conspiracy to commit mail fraud and aiding and abetting mail fraud. The district court grouped the counts, and under § 3D1.2 and 3D1.3 purported to choose the offense level for the most serious offense. The court chose the offense level for murder because, relying on note 8 to § 3D1.2, and § 1B1.2(d) and note 5 to § 1B1.2, it concluded that murder was an object of the conspiracy. The Fifth Circuit held that conspiracy to commit murder could not be used to calculate the offense level because defendant was not charged with and did not plead guilty to conspiracy to commit murder. Both note 8 to § 3D1.2 and § 1B1.2(d) apply when a defendant is convicted of conspiring to commit more than one offense. Defendant was convicted of conspiring to commit only one offense, mail fraud. Note 5 to § 1B1.2 applies to cases in which the plea does not establish which offense was the object of the conspiracy. U.S. v. Aderholt, 87 F.3d 740 (5th Cir. 1996).
5th Circuit rejects use of murder guideline even though object of mail fraud was murder. (210) Defendant pled guilty to conspiracy to commit mail fraud and aiding and abetting mail fraud. The district court grouped the counts, and under § 3D1.2 and 3D1.3 purported to choose the offense level for the most serious offense. The court chose the offense level for murder because, relying on note 8 to § 3D1.2, and § 1B1.2(d) and note 5 to § 1B1.2, it concluded that murder was an object of the conspiracy. The Fifth Circuit held that conspiracy to commit murder could not be used to calculate the offense level because defendant was not charged with and did not plead guilty to conspiracy to commit murder. Both note 8 to § 3D1.2 and § 1B1.2(d) apply when a defendant is convicted of conspiring to commit more than one offense. Defendant was convicted of conspiring to commit only one offense, mail fraud. Note 5 to § 1B1.2 applies to cases in which the plea does not establish which offense was the object of the conspiracy. U.S. v. Aderholt, 87 F.3d 740 (5th Cir. 1996).
5th Circuit holds that pointing gun at victim’s head, while kicking him and deciding where to kill him, is aggravated assault. (210) The 5th Circuit affirmed that defendants were properly sentenced under §2A2.2 (aggravated assault), rather than §2A2.4 (obstructing or impeding officers). Section 2A2.4 is meant to apply to possession of weapons and verbal threats, while section 2A2.2 is meant to apply to something more. Defendant’s actions in pointing a cocked and loaded firearm at the victim’s head, while kicking him and deciding where to kill him, fit within the definition of an aggravated assault under section 2A2.2. U.S. v. Hooker, 997 F.2d 67 (5th Cir. 1993).
5th Circuit upholds departure based on serious bodily injury to third party. (210) Defendant fired shots at a city police officer and a DEA agent. The city police officer was injured, the DEA agent was not. Defendant was convicted of assaulting a federal officer. In U.S. v. Moore, 958 F.2d 646 (5th Cir. 1992), the 5th Circuit held that a four-level enhancement under §2A2.2(b)(3) for serious bodily injury was inappropriate since the city police officer was not a victim of the offense. At resentencing, the district court departed upward by four levels based on the injury to the city police officer. The 5th Circuit affirmed, holding that the Sentencing Commission did not consider multi-victim injuries in formulating §2A2.2(b)(3). The extent of the departure, based on analogy to §2A2.2(b)(2), was reasonable. The city police officer’s gunshot wound was a serious bodily injury. Although defendant received the same sentence upon resentencing by the same judge, there was no evidence of judicial vindictiveness. U.S. v. Moore, 997 F.2d 30 (5th Cir. 1993).
5th Circuit holds arson resulting in death analogous to first-degree murder. (210) Defendant hired his nephew to burn down his store, and the nephew was killed in the fire. Section 2K1.4(c) provides that if death results from the arson, the most analogous guideline applies if it has a higher offense level. The 5th Circuit held that the most analogous guideline was first-degree murder (2A1.1), rather than involuntary manslaughter (2A1.4). The definition of murder under 18 U.S.C. 1111(a) is broad enough to include cases in which an arsonist’s accomplice dies during the commission of the felony. Moreover, section 2A1.1 is specially designed to guide courts in sentencing for felonies in which death results. The district court improperly applied the manslaughter guideline, but since the government did not cross-appeal, it waived any challenge to the district court’s misapplication of the guidelines. U.S. v. El-Zoubi, 993 F.2d 442 (5th Cir. 1993).
5th Circuit upholds sentencing under section 2A2.2 for sexual assault of infant. (210) Defendant was convicted of aggravated sexual abuse of a child and causing bodily injury to a child. The 5th Circuit upheld sentencing defendant under section 2A2.2 on the bodily injury count. The district court relied on a finding that defendant injured his victim with intent to commit another felony — the sexual assault. The conviction for sexual assault was supported by the evidence. U.S. v. Bell, 993 F.2d 427 (5th Cir. 1993).
5th Circuit finds defendant’s Mexico conviction analogous to second-degree murder. (210) Defendant was convicted of “simple intentional homicide” in Mexico and transferred to the United States by treaty. The treaty authorized the Parole Commission to determine the sentence under the Sentencing Guidelines. The Parole Commission concluded that defendant’s crime was most analogous to the crime of second-degree murder, and the Fifth Circuit affirmed. While one of defendant’s confessions might support the conclusion that he killed in the heat of passion, and therefore was only guilty of manslaughter, the other supported the Parole Commission’s view. Lara v. U.S. Parole Commission, 990 F.2d 839 (5th Cir. 1993).
5th Circuit affirms official victim enhancement for defendant who assaulted federal officer. (210) Defendant was convicted of assaulting a federal officer in violation of 18 U.S.C. section 111. Following its decision in U.S. v. Kleinebreil, 966 F.2d 945 (5th Cir. 1992), the 5th Circuit rejected defendant’s argument that an official victim enhancement under section 3A1.3 constituted double counting. Pursuant to the cross-reference in section 2A2.4 (Obstructing or Impeding Officers), defendant was sentenced under section 2A2.2 (Aggravated Assault). Unlike the base offense level for section 2A2.4, the base offense level for section 2A2.2 does not reflect the fact that the victim was a government official. U.S. v. Kings, 981 F.2d 790 (5th Cir. 1993).
5th Circuit upholds official victim enhancement for defendant convicted of assaulting federal officer. (210) Defendant was convicted of assaulting a federal officer in violation of 18 U.S.C. section 111. He contended that an enhancement under section 3A1.1 based upon the official status of the victim was impermissible because the victim’s official status was an essential element of the offense. The 5th Circuit upheld the enhancement, since guideline section 2A2.2, the guideline under which defendant was sentenced, did not reflect the official status of the victim. The Statutory Index lists either section 2A2.2 (Aggravated Assault) or section 2A2.4 (Obstructing or Impeding Officer) for section 111 violations. Section 2A2.4 does specifically incorporate the official status of the victim. However, it also specifically states that if the conduct constituted aggravated assault, apply section 2A2.2. Unlike the offense level for section 2A2.4, section 2A2.2 does not reflect the fact that the victim was a government official. U.S. v. Kleinebreil, 966 F.2d 945 (5th Cir. 1992).
5th Circuit reverses enhancement because only city police officer was injured during assault. (210) During a confrontation with DEA agents and Houston police officers, defendant wounded a Houston police officer. He also fired upon a DEA agent, who escaped injury. Defendant was convicted of assaulting a federal officer with a deadly weapon. The 5th Circuit reversed an enhancement under guideline section 2A2.2(b)(3) for causing serious bodily injury to the victim, since the victim in this case, the DEA agent, was uninjured. A plain reading of the term “victim” in section 2A2.2(b)(3) leads to the conclusion that the “victim” must be the object of the aggravated assault. There was no justification for enhancing defendant’s sentence based upon the injuries to the city police officer. U.S. v. Moore, 958 F.2d 646 (5th Cir. 1992).
5th Circuit affirms enhancing sentence for firearms offense where weapon was used to commit murder. (210) The court properly enhanced defendant’s firearms sentence under § 2K2.1, finding that defendant committed murder during the course of a drug conspiracy. Section 2K2.1(c)(2) directs a court to apply § 2X1.1 if the firearm was used or possessed in connection with another offense, and to use the guideline for the other offense if it is more specific. Murder is covered by § 2A1.1. The 5th Circuit found that defendant’s offense was not a justifiable homicide. He sought his victim, laid in wait, and with the help of his brother, provoked the argument that resulted in the victim’s death. Defendant received adequate notice of the government’s intent to seek enhancement of his sentence under § 2K2.1. Evidence relating to the homicide was presented at the sentencing hearing, and defendant had an opportunity to cross-examine the government’s witness or introduce his own evidence, but failed to do so. U.S. v. Harris, 932 F.2d 1529 (5th Cir. 1991).
5th Circuit upholds upward adjustment for use of a firearm in aggravated assault. (210) In calculating defendant’s sentence for possession of an unregistered firearm, the district court relied on U.S.S.G. 2K2.2, which provides that “[i]f the defendant used the firearm in committing .ÿ.ÿ. another offense,” the guideline for that offense should be used if it is higher than the firearms guideline. Pursuant to this section, the court applied the aggravated assault guideline, § 2A2.2. The 5th Circuit affirmed, noting that the firearms guidelines properly take into account the true nature of the underlying conduct. The district court’s factual finding that defendant used the shotgun to commit aggravated assault was not clearly erroneous. U.S. v. Perez, 897 F.2d 751 (5th Cir. 1990).
6th Circuit approves downward variances in terrorism case. (210) Defendant was part of a group of men convicted of conspiracy to kill and maim persons outside the United States, and related charges. The advisory guideline sentence for each was life in prison. The district court varied downward, sentencing one defendant to 240 months, the second to 144 months, and the third to 100 months. The government argued that the sentences were both procedurally and substantively unreasonable. The Sixth Circuit disagreed. There was more than enough evidence that would reflect positively on the nature and characteristics of the defendants’ history to counsel a downward variance. As for the need to avoid sentencing disparities, the terrorism cases cited by the government had significant factual dissimilarities from the instant case. While defendants conspired to obtain explosives, they never managed to obtain them. There was no evidence that defendants were affiliated with Al-Qaeda or any other terrorist group, or that they actually killed anyone. U.S. v. Amawi, 695 F.3d 451 (6th Cir. 2012).
6th Circuit upholds dangerous weapon increase for striking officer with plastic pitcher. (210) Defendant struck a Deputy United States Marshal in the head with a plastic water pitcher at the conclusion of a trial, and pled guilty to assaulting a federal officer. The district court found that the pitcher constituted a “dangerous weapon,” and applied a four-level enhancement under § 2A2.2(b)(2)(B). The Sixth Circuit affirmed. A “dangerous weapon” is defined as having “the meaning given that term in § 1B1.1, Application Note 1, and includ[es] any instrument that is not ordinarily used as a weapon (e.g., a car, a chair, or an ice pick) if such an instrument is involved in the offense with the intent to commit bodily injury.” The pitcher was made of a very hard plastic material, had a six-inch handle, weighed about half of a pound to a pound when empty, and may have contained some water. These characteristics increased the energy that an attacker would be able to impart when striking a victim. It was reasonable to infer that such a water pitcher, swung with sufficient force and proper aim, was capable of inflicting serious bodily harm as defined by the guidelines. U.S. v. Tolbert, 668 F.3d 798 (6th Cir. 2012).
6th Circuit finds court did not improperly double count victim’s injuries. (210) Defendant and several others committed an armed bank robbery. During the robbery, he shot an assistant manager in the head, gravely injuring her. The district court departed upward under Note 5 to § 2B3.1 to reach a sentence in accordance with the guideline for assault with intent to commit murder, finding that that defendant’s act constituted attempted first-degree murder. The Sixth Circuit rejected defendant’s claim that the district court double counted the injuries suffered by the manager. The court did account for the victim’s injuries under both the robbery guideline and the assault with attempt to commit murder guideline. However, the injuries factored into defendant’s sentence just once – the six-level enhancement under the robbery guideline was rendered irrelevant when the court later departed from that guideline in favor of the assault with intent to commit murder guideline. The upward departure was based solely on defendant’s intent to kill the manager, pursuant to Note 5 to § 2B3.1. The departure was warranted regardless of whether the victim actually sustained any serious physical injuries. U.S. v. Stewart, 628 F.3d 246 (6th Cir. 2010).
6th Circuit affirms second-degree murder guideline for officer involved in death of prisoner. (210) Defendant, a corrections officer, was convicted of conspiracy to violate the rights of detainees and prisoners of the county jail. He faced a life sentence because the jury found that his denial of medical care resulted in the death of a prisoner who had been beaten by another corrections officer. The civil rights guideline, §2H1.1(a), required the court to apply the offense level for the underlying offense, i.e., homicide. The Sixth Circuit held that the district court did not clearly err in using the second degree murder guideline, 2A1.2, rather than the manslaughter guideline, 2A1.4, as the underlying offense. The judge explained that, in his view, the record reflected malice aforethought and culpability for second degree murder. Although defendant insisted that he did not know that another officer had struck the victim in the head, the evidence showed that not only had defendant himself beat the victim twice – striking him in the head both times – but that defendant had asked the other officer to “take care of” the victim when he starting banging on his door again. The officer understood this to mean that he should use whatever force it took to make the victim stop banging on the door, and proceeded to deliver several full-powered punches to the side of the victim’s head that caused his head to bounce against the concrete wall each time. The victim was quiet after that, and defendant should have known that the other officer had silenced him by beating him. U.S. v. Conatser, 514 F.3d 508 (6th Cir. 2008).
6th Circuit upholds life sentence for supervisor who failed to provide medical care to prisoner. (210) Defendant and several other corrections officers were convicted of conspiracy to violate the rights of detainees and prisoners of the county jail. Defendant, the supervisor of one of the shifts, was also convicted of six substantive charges, and received a life sentence for his role in assaulting one prisoner, and then failing to provide necessary medical care, resulting in the prisoner’s death. Hale, the co-conspirator who actually inflicted the beating that resulted in the prisoner’s death, was sentenced to only 108 months. The Sixth Circuit rejected defendant’s claim that the life sentence, which fell within his guideline range, was substantively unreasonable. The district court gave significant consideration to the difference between Hale’s 108-month sentence and defendant’s life sentence. Although Hale inflicted the injuries that ultimately killed the prisoner, the jury found that defendant’s actions in denying medical care resulted in his death. The disparity was the product of a plea bargain and downward departure that Hale received, which is a legitimate basis for sentencing disparity. The judge also fully considered mitigating facts, such as defendant’s young age, the overcrowded conditions of the jail, his lack of proper training, his support from family and friends, the counseling he received, and his sincere expressions of remorse. The court found the case “difficult,” but nonetheless believed that the “heart-wrenching” circumstances did not warrant a below-guideline sentence. The sentence was harsh, but not unreasonable. U.S. v. Conatser, 514 F.3d 508 (6th Cir. 2008).
6th Circuit upholds below-guideline sentence for involuntary manslaughter. (210) One evening, defendant lost control of his car and hit a tree, killing his two passengers. The crash occurred in a national park as defendant and his friends were heading towards the campsite where they were going to spend the weekend with other friends. Caught in a traffic jam on the way, they started drinking beer they had packed for the trip. At the time of the crash, defendant was traveling about 45 miles per hour on a road with a posted speed limit of 35. Defendant’s blood alcohol content at the hospital was .071, and was estimated to have been between .097 and .133 at the time of the crash. Defendant pled guilty to two counts of involuntary manslaughter, resulting in a guideline range of 41-50 months, but the court sentenced defendant to concurrent terms of 20 months. The Sixth Circuit held that the below-guideline sentence was reasonable. The district court considered the proper § 3553(a) factors, including the properly calculated guideline range. Addressing the seriousness and circumstances of the offense, the court noted that involuntary manslaughter resulting from drunk driving often involves a higher degree of recklessness than was evident here. With respect to the history and characteristics of the defendant, the court noted the more than 20 letters submitted on defendant’s behalf by friends, families and co-workers, and found that defendant was “a law abiding fine young man who made a bad mistake on this evening and [used] poor judgment.” The court also considered deterrence and protection of the public, explaining that while any sentence would adequately deter this defendant, the sentence also had to be sufficient to deter others. U.S. v. Kathman, 490 F.3d 520 (6th Cir. 2007).
6th Circuit holds that combination of injuries amounted to life-threatening bodily injury. (210) Defendant, a truck driver, was convicted of interstate domestic abuse after he inflicted several beatings on his wife during an interstate trip. The district court applied a six-level enhancement under § 2A2.2(b)(3) for the infliction of permanent of life-threatening bodily injury. The court reviewed the extensive injuries sustained by defendant’s wife and emphasized the fractured finger, the cracked tooth and substantial contusions and bruises as depicted in various photographs. The court also recounted the testimony from witnesses that the victim literally crawled into the distribution center at the end of the trip with very visible injuries together with spatial disorientation. While the court was not persuaded that the victim’s kidney problems were caused by the assault, the court concluded that the combination of the various conditions together with severe bleeding, bruising and broken bones could reasonably be viewed as amounting to a life-threatening bodily injury. The Sixth Circuit ruled that this finding was not clearly erroneous. U.S. v. Baggett, 342 F.3d 536 (6th Cir. 2003).
6th Circuit upholds cross-reference to first-degree murder guideline. (210) During an armed robbery, one defendant’s gun discharged, killing a victim. Although defendants pled guilty to robbery and second-degree murder, the district court applied the cross-reference in USSG § 2B3.1(c)(1), which directs a court to sentence a defendant under the first-degree murder guideline, § 2A1.1, if “a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States.” The Sixth Circuit affirmed the use of the first-degree murder guideline. The court’s use of the cross-reference was mandated by U.S. v. Poindexter, 44 F.3d 406 (6th Cir. 1995), which affirmed the use of the higher offense level in a case where “death results from the commission of certain felonies.” There was no question that death resulted from the defendants’ commission of robbery, which is one of the felonies delineated in the federal murder statute, 18 U.S.C. § 1111. The district court was required by Poindexter to apply the cross-reference. The sentence imposed did not exceed the maximum for the crime alleged in the indictment, and thus Apprendi v. New Jersey, 120 S.Ct. 2348 (2000) was not applicable. U.S. v. Harris, 238 F.3d 777 (6th Cir. 2001).
6th Circuit rejects use of aggravated assault guideline where no threats or intent to harm. (210) Defendant was convicted of assaulting a federal postal officer because, while carrying a steak knife, she “advanced toward” two postal inspectors on her front porch. The inspectors were investigating an earlier incident in which defendant allegedly shoved a mail carrier. The district court sentenced her under § 2A2.2, the aggravated assault guideline, rather than § 2A2.3, the “minor assault” guideline. Given “the absolute paucity of evidence that [defendant] had an intent to do bodily harm, or commit another felony,” the Sixth Circuit concluded that the district court erred in applying the aggravated assault guideline. See note 1 to § 2A2.2 (defining an aggravated assault as involving (a) a dangerous weapon with intent to do bodily harm, or (b) serious bodily injury, or (C) an intent to commit another felony). Defendant made no verbal threats or statements that she intended to do the postal workers any harm, and they conceded that she did not lunge at them with the knife. Thus, the record did not support the use of § 2A2.2. U.S. v. Shumpert Hood, 210 F.3d 660 (6th Cir. 2000).
6th Circuit holds enhancement for “otherwise using” dangerous weapon was double counting. (210) Defendant he struck an INS agent with his car. Finding defendant used his car as a dangerous weapon, the district court classified the offense as an aggravated assault. See Note 1 to § 2A2.2 (defining aggravated assault as a felonious assault that involved “a dangerous weapon” with intent to do bodily harm). The court also applied a four-level increase under § 2A2.2(b)(2)(B) for “otherwise using” a dangerous weapon. The Sixth Circuit, agreeing with U.S. v. Hudson, 972 F.3d 504 (2d Cir. 1992), and rejecting opinions in the Third, Fourth, Eighth and Ninth Circuits, held that under these circumstances, the “otherwise used” enhancement constituted impermissible double counting. The court refused to interpret note 4 to § 1B1.1 to broadly permit double counting under all circumstances unless expressly prohibited by the guideline. Under the Sixth Circuit’s well-established rule, impermissible “double counting” occurs when precisely the same aspect of a defendant’s conduct factors into his sentence in two separate ways. In the present case, the car was not a dangerous weapon at all unless it was “otherwise used.” It was defendant’s use of his car, and no other aspect of his conduct, that triggered both the base offense level determination and the application of the enhancement. U.S. v. Farrow, 198 F.3d 179 (6th Cir. 1999).
6th Circuit affirms upward departure for attack on flight crew after plane took off. (210) Defendant, a flight engineer for Federal Express, boarded a Federal Express plane on which he was not working. After the plane took off, he entered the cockpit and attacked the crew with a hammer, a spear gun and a spear. Although all three crew members were seriously injured, they were able to make an emergency landing. Defendant was convicted of attempted aircraft piracy and interference with crew members. The Sixth Circuit affirmed an upward departure based on multiple victims, serious physical injury, significant property damage and the potential for extreme danger to the public. The aircraft piracy guideline, § 2A5.1, did not contemplate multiple victims. The extent of the victimization was extreme, because all three crew members suffered serious physical injuries, a basis for departure under § 5K2.2. Federal Express incurred over $800,000 in property damage from the crime, which is a ground for departure under § 5K2.5. Finally, it was entirely proper for the district court to consider under § 5K2.14 the danger to the public created by defendant’s attack. The crime involved far more than simply rerouting the plane. U.S. v. Calloway, 116 F.3d 1129 (6th Cir. 1997).
6th Circuit upholds murder cross reference to even though court failed to find malice. (210) Defendant and a friend sold chalk, instead of cocaine, to two men. When the men discovered the fraud, they pulled their car alongside defendant’s car. Defendant and his friend both fired shots into the window of the car, killing one of the men. Defendant was convicted of being a felon in possession of a firearm. Relying on the cross reference in § 2K2.1(c)(1), the judge sentenced defendant under the second degree murder guideline. The 6th Circuit upheld the cross reference, even though the district court did not specifically find that defendant acted with malice. The appellate court’s de novo review of the record showed that defendant acted with malice aforethought. Unprovoked, he fired at least two shots into the victim’s car. Defendant’s gross deviation from a reasonable standard of care established the requisite malice to hold him accountable for second degree murder. U.S. v. Milton, 27 F.3d 203 (6th Cir. 1994).
6th Circuit rejects 11-level enhancement under section 2A2.2. (210) Defendant was sentenced under the aggravated assault guideline, section 2A2.2, after shooting a woman. He received a five-level enhancement under subsection (b)(2)(A) for discharging the weapon, and a six-level enhancement under subsection (b)(3)(C) for inflicting a permanent or life-threatening injury. The 6th Circuit held the 11-level adjustment clearly erroneous, since section 2A2.2 specifically states that the cumulative adjustments from subsections (2) and (3) shall not exceed nine levels. U.S. v. Hicks, 4 F.3d 1358 (6th Cir. 1993).
6th Circuit says pharmacy burglars should have been sentenced under burglary guideline, not assault guideline. (210) After burglarizing a pharmacy, defendants fled and their car hit a police car trying to intercept them. The officer in the car was seriously injured. The 6th Circuit held that defendants should have been sentenced under §2B2.2, burglary of other structures, rather than §2A2.2, aggravated assault. The gravamen of the offense was pharmacy burglary; the assault merely enhanced defendants’ sentences. The assault was an aggravating circumstance that might qualify for enhancement under 18 U.S.C. §2118(c)(1), but it could not be fairly described as the offense of conviction within the meaning of the guidelines. Since §2A2.2 was not the appropriate guideline, enhancements under §2A2.2(b)(1), (b)(2)(B) and (b)(3)(B) were vacated. U.S. v. Mills, 1 F.3d 414 (6th Cir. 1993).
6th Circuit holds that several phone calls to solicit a single murder constituted one offense. (210) Defendant was convicted of causing another man to use an interstate facility to solicit murder. The 6th Circuit remanded for resentencing since defendant’s 130-month sentence was in excess of the 10-year maximum for soliciting a murder over an interstate facility if no bodily injury or death results. Contrary to the government’s assertion, each phone call made was not a separate offense, since they related to one plan to murder one individual. U.S. v. Wynn, 987 F.2d 354 (6th Cir. 1993).
6th Circuit applies aggravated assault guideline to striker who fired gun at Greyhound bus. (210) Defendant, a striking Greyhound Bus employee, fired a gun at a Greyhound bus traveling on the road, and was convicted of damaging a motor vehicle with reckless disregard for human life, in violation of 18 U.S.C. section 33. Although the Statutory Index in effect in March, 1990, provided that guideline sections 2K1.4 (Arson) and section 2B1.3 (Property Damage) were “ordinarily applicable” to violations of section 33, the court used section 2A2.2, the aggravated assault guideline. The 6th Circuit affirmed. Appendix A to the guidelines states that in an “atypical case” where the guideline is inappropriate, a court may use the guideline “most applicable” to the offense. The district court’s choice was confirmed by the current version of the Statutory Index, which lists section 2A2.2 as an appropriate guideline for a violation of section 33. U.S. v. Daniels, 948 F.2d 1033 (6th Cir. 1991).
6th Circuit holds that defendant who inadvertently injured victim “otherwise used” knife in offense. (210) Defendant contended that the district court incorrectly assessed a four-level enhancement for “otherwise using” a weapon, rather than the three-point enhancement for “brandishing” a weapon. The 6th Circuit found no clear error in district court’s determination that defendant “otherwise used” the knife. The evidence established that he not only inadvertently injured his assault victim with the knife, but also intentionally held it against her throat while making threats against her life. U.S. v. Hamilton, 929 F.2d 1126 (6th Cir. 1991).
6th Circuit upholds application of guideline § 2E1.4 to defendant who attempted to hire hit man to kill wife. (210) Defendant pled guilty to using an interstate commerce facility in an attempt to have his wife killed. The 6th Circuit rejected defendant’s argument that he should have been sentenced under guideline § 2A2.1 (Conspiracy or Solicitation to Commit Murder), rather than guideline § 2E1.4 (Use of Interstate Commerce Facilities in the Commission of Murder-For-Hire). The Statutory Index indicated that either guideline was applicable to defendant’s conduct. However, guideline § 2E1.4(a) directs a court to apply the greater of a base offense level of 23, or the offense level applicable to the underlying conduct. Under the facts of this case, § 2A1.2 contains the offense level applicable to the underlying conduct and results in a base offense level of 20. Since 23 is greater than 20, the base level in guideline § 2E1.4 is applicable. U.S. v. Wilson, 920 F.2d 1290 (6th Cir. 1990).
7th Circuit holds that defendant who punched police officer created substantial risk of serious bodily injury. (210) When police ordered defendant to place his hands on a brick wall and began searching him for weapons, defendant turned and swung a right hook at the searching officer, striking him on his head behind the ear. Defendant followed with a left hook, but the officer ducked the blow and wrestled defendant to the ground. Defendant pled guilty to drug charges, and received a six-level enhancement under § 3A1.2(c) for assaulting a police officer in a manner that created a substantial risk of serious bodily injury. The Seventh Circuit upheld the enhancement. One blow to the head, even by an unarmed person, can pose a substantial risk of serious injury within the meaning of the guidelines. U.S. v. Alexander, 712 F.3d 1290 (7th Cir. 2013).
7th Circuit upholds 180-month sentence for stabbing prison guard as not unreasonable. (210) While in federal prison, defendant repeatedly stabbed a prison guard with an eight-inch shank. He pled guilty to committing aggravated assault on a federal officer, 18 U.S.C. § 111(a), (b), and the district court sentenced him to 180 months’ imprisonment, 45 months above the top of the guideline range. The Seventh Circuit rejected defendant’s claim that the 180-month sentence was substantively unreasonable. The district court focused on the need to deter defendant given the senseless nature of the attack. Defendant entered the guards’ office with a shank, looking for a fight. He used the shank to stab the victim multiple times. The court also reasonably relied on the “continuing nature” of the attack—defendant chose to trail the officer from his office and attack a second time, even after the officer had tried to escape. Finally, the district court appropriately based its decision on the “nasty” nature of the weapon – the court remarked that defendant had used a weapon that was as gruesome as any the court had ever seen. U.S. v. Vaughn, 614 F.3d 412 (7th Cir. 2010).
7th Circuit upholds use of aggravated assault guideline for police officer who violated victim’s civil rights. (210) Defendant, a police officer, shackled a man to a wheelchair in a hospital and then repeatedly bludgeoned him in the head and face with a sap. He was convicted in federal court of violating the victim’s civil rights. He argued that the district court should have used the civil rights guideline, rather than the aggravated assault guideline, to calculate the base offense level. The Seventh Circuit disagreed. Section 2H1.1 directs a court to apply the sentencing guideline applicable to the underlying offense (here, aggravated assault) if it would produce a greater base offense level than the base offense level premised solely on § 2H1.1. The Sentencing Guidelines recognize that in a situation, such as here, where the defendant’s conduct is more reprehensible than a civil rights violation that used a minor amount of force, the defendant’s sentence should be on par with other defendants in federal court who committed similar conduct under federal jurisdiction. U.S. v. Cozzi, 613 F.3d 725 (7th Cir. 2010).
7th Circuit reverses district court’s finding that threats were akin to attempted murder. (210). Defendant was convicted of several obstruction counts under 18 U.S.C. § 1512 based on threats he made to family members to prevent them from testifying against him. Appendix A does not list § 2J1.2 as a guideline applicable to § 1512 convictions, so the court sentenced defendant under § 2A2.1, the attempted murder guideline. On defendant’s first appeal, the Seventh Circuit remanded, finding that the absence of § 2J1.2 from the statutory index was likely a scrivener’s error. Defendant’s guideline range under § 2A2.1 was 210-262 months; his guideline range under § 2J1.2 would have been 92-115 months. Nevertheless, at resentencing, the court reimposed the same 210-month sentence. The court repeatedly expressed its belief that defendant was “like the attempted murderer” and should be sentenced as such. The Seventh Circuit reversed, finding insufficient evidence that defendant would have attempted murder. Defendant’s family members all testified that they did not feel threatened by defendant’s statements. The victim believed that defendant was merely “blowing off steam” in issuing threats. U.S. v. England, 555 F.3d 616 (7th Cir. 2008).
7th Circuit applies serious bodily injury increase where beating left prominent facial scars. (210) Defendant pled guilty to an assault that caused serious bodily injury. 18 U.S.C. § 1153. Section 2A2.2(b)(3) provides for a seven-level enhancement for battery that produces “permanent or life-threatening bodily injury” but only five levels for an attack that causes “serious bodily injury.” The victim broke her nose and the bone around her right eye, and had lacerations that a physician concluded would leave prominent facial scars. The definition of “permanent or life-threatening bodily injury” in Note 1 to § 1B1.1 includes “an obvious disfigurement that is likely to be permanent.” Defendant argued that an enhancement for a permanent disfigurement is only proper if the prosecution can prove that the condition cannot be corrected by plastic surgery. Here, the physicians opined that the victim’s prospects for cosmetic surgery could not be evaluated until her condition had stabilized in another year or so. The Seventh Circuit held that the victim’s prominent facial scars were a form of permanent disfigurement, thus meriting the enhancement for a permanent or life-threatening injury. Uncertainty does not preclude a finding of permanence. If an impairment has not been corrected by the time of sentencing, and will last for life unless surgically corrected in the future, then it should be treated as “permanent” under the guidelines. U.S. v. Webster, 500 F.3d 606 (7th Cir. 2007).
7th Circuit rules remand unnecessary where sentence did not exceed combined statutory maximum. (210) Defendant pled guilty to assaulting a DEA agent, in violation of 18 U.S.C. § 111, and two drug counts. The district court sentenced defendant to 87 months on each count, with the sentences to run concurrently. The indictment did not specify which of § 111’s two subsection defendant was charged with violating. Subsection (a) of § 111 provides for a maximum sentence of 36 months for assaulting a DEA officer, while subsection (b) provides a maximum penalty of 120 months for anyone who violates subsection (a) while using a deadly weapon or who inflicts bodily injury. Because the indictment did not charge defendant with use of a deadly weapon or with inflicting bodily injury, it had to be assumed that the indictment charged defendant with violating subsection (a). Nonetheless, the Seventh Circuit held that remand was not required, because the sentence imposed did not exceed the combined statutory maximum achievable by running the sentences consecutively. Moreover, even if the court were to remand, guideline § 5G1.2(d) would instruct the district court impose the sentences consecutively to the extent necessary to achieve the total punishment. Thus, defendant would receive the same sentence. U.S. v. Gray, 332 F.3d 491 (7th Cir. 2003).
7th Circuit upholds use of murder cross-reference. (210) Defendant, the former president of a motorcycle gang, pled guilty to using the gang’s clubhouse to sell drugs. The district court found that defendant had murdered Melby, a member of the gang, and applied the cross-reference in U.S.S.G. § 2D1.1(d)(1). This increased defendant’s penalty from a range of 121-151 months to a sentence of 30 years. Defendant argued that this increase was so extreme as to require the government to show clear and convincing evidence that he killed Melby. The Seventh Circuit found it unnecessary to decide what standard of proof was required, because the evidence supported a finding of guilt even under the more stringent clear and convincing standard. A friend testified that defendant told him in detail how he had killed Melby because he thought Melby had stolen money and drugs from him. To support his story, the friend took the investigating officer to his home and pulled out an undated letter describing the killing, the fear that caused the friend to keep the story to himself, and the guilt he felt. A co-conspirator who helped defendant dispose of the body unwittingly supported the story. During a taped conversation with several thinly veiled references to the murder, the friend asked “Who else knows?”, to which the co-conspirator replied “I ain’t got the slightest. Only thing I know is you do and I’ve never really liked that.” Finally, several other witnesses told stories consistent with the friend’s account. The district court found all of these witnesses credible. U.S. v. Boos, 329 F.3d 907 (7th Cir. 2003).
7th Circuit upholds application of drug offense murder cross-reference for one defendant but not two others. (210) Several defendants were convicted of crimes arising out of their participation in a large drug conspiracy. Although defendants Spradley, Jones and White were acquitted of murdering an informant, the district court applied the cross reference in § 2D1.1 to sentence them under § 2A1.1, the first-degree murder guideline. The Seventh Circuit found sufficient findings to support the application of the murder cross reference to Spradley, but not to Jones and White. The court inferred from the three defendants’ participation in the cover-up of the murder that they knew the victim had been murdered as a result of his informant activities. However, the district court did not address § 2A1.1’s premeditation requirement. The question was whether it was reasonably foreseeable to Spradley, Jones and White that the victim was killed, with malice aforethought (premeditation), in furtherance of the conspiracy. The findings as to Spradley were sufficient. Based on testimony that Spradley had confronted the victim about his rumored informant activities, the court found that Spradley knew that the victim had been killed to keep him from relaying any more information to police. There was no similar evidence about Jones and White. Their participation in the cover-up of the murder did not support the inference that it was reasonably foreseeable that the informant would be murdered with malice aforethought. U.S. v. Thompson, 286 F.3d 950 (7th Cir. 2002).
7th Circuit finds insufficient evidence to support cross-reference to murder guideline. (210) Defendant was convicted of being a felon in possession of a firearm. Section 2K2.1 states that if the defendant used or possessed any firearm in connection with the commission of another offense, and death resulted, the court must cross-reference the “most analogous offense guideline” from the homicide guidelines. At sentencing, the government tried to connect defendant to the murder of the firearms’ owner, Leal. The night before defendant pawned Leal’s gun, Leal was shot to death in the car that defendant was found driving. A bullet hole was found in the passenger door of the car, and Leal’s blood was found on the driver’s seat of the car, on the pavement of defendant’s driveway, and on defendant’s shirt. The district court used the cross-reference to sentence defendant under § 2A1.1, the first-degree murder guideline, finding that whether defendant pulled the trigger or not, “it’s pretty clear that he was involved in the killing.” The Seventh Circuit held that the use of the cross-reference constituted plain error, since the district court did not make any finding that defendant’s conduct led to Leal’s death. All the court found was that defendant was “involved” in Leal’s murder. Moreover, even if Leal’s death resulted from defendant’s possession of the firearm, the court’s application of the first-degree murder guideline as opposed to a homicide offense with a lesser culpability was also plain error. U.S. v. Thomas, 280 F.3d 1149 (7th Cir. 2002).
7th Circuit holds defendant evidenced intent to carry out threat. (210) Defendant pled guilty to mailing a threatening communication in violation of 18 U.S.C. § 876. The district court increased his offense level under § 2A6.1 by six levels, finding that the offense involved “conduct evidencing an intent to carry out such threat.” In the present case, defendant wrote a letter to a fellow gang member asking him to “take care of” a girl who had testified against defendant. The Seventh Circuit rejected defendant’s argument that this letter was merely a “solicitation” rather than a threat, noting that by pleading guilty to § 876, defendant admitted the letter contained a threat. The panel found that it did not matter that defendant did not directly communicate the threat to the girl, and found “ample evidence” in the record that defendant intended that the girl be harmed in retaliation for her testimony against him. U.S. v. Siegler, 272 F.3d 975 (7th Cir. 2001).
7th Circuit applies dangerous weapon increase for using clothes iron in assault. (210) Defendant, a federal prisoner, was convicted of charges relating to his assault on a corrections officer. He challenged a § 2A2.2(b)(2)(B) increase for the use of a dangerous weapon, pointing out that inmate Jackson testified that defendant only used his fists in the assault. However, Hilpipre, another inmate, clearly testified that defendant used a clothes iron to beat the officer, and a broken clothes iron was found at the scene. The sentencing judge resolves credibility questions that arise at sentencing, and here, she could properly choose to believe Hilpipre and the victim, and not Jackson. The Seventh Circuit found no reason to upset that credibility determination. Moreover, the government charged defendant with the use of a dangerous weapon as an element of the crime, and given the jury’s guilty verdict, the court’s finding to the same at sentencing could not be clearly erroneous. U.S. v. Bogan, 267 F.3d 614 (7th Cir. 2001).
7th Circuit upholds serious bodily injury increase for lacerations, fractured eye socket, and nerve damage. (210) Defendant, a federal prisoner, was convicted assaulting a corrections officer. The officer received numerous blows to his head and face, resulting in cuts, bruises, tooth damage, and a fractured eye-socket. The district court found that the officer suffered a “serious bodily injury” and applied a four-level adjustment under § 2A2.1(b)(1)(B). Defendant admitted that the officer suffered lacerations requiring sutures, a fractured eye-socket, nerve damage to the left side of his face, ongoing emotional distress and migraine headaches, and the potential loss of three teeth, but contended that because the officer did not “undergo a prolonged hospital stay … or surgical intervention” that he did not suffer a serious bodily injury. The Seventh Circuit affirmed the increase, noting that previous cases have upheld a six-level adjustment for “permanent or life-threatening bodily injuries” where a defendant inflicted facial scars on the victim. U.S. v. Bogan, 267 F.3d 614 (7th Cir. 2001).
7th Circuit upholds use of murder cross-reference to drug defendant. (210) Defendant was convicted of drug conspiracy charges. After determining that defendant had participated in the murder of a co-conspirator’s wife in furtherance of the drug conspiracy, the court imposed a life sentence under the murder cross-reference found in § 2D1.1(d). The Seventh Circuit upheld the use of the murder cross-reference. First, the hearsay and circumstantial evidence considered by the district court supported the court’s finding that defendant had a role in the murder. The co-conspirator made consistent statements to various persons about defendant’s involvement in the murder. Also, in taped conversations with the co-conspirator, defendant made incriminating statements. The use of the cross-reference did not violate Apprendi v. New Jersey, 530 U.S. 466 (2000). Apprendi applies only to facts that increase a defendant’s sentence beyond the prescribed statutory maximum. Under the guidelines, it is not possible to apply the cross-reference in a manner that produces a sentence greater than the statutory maximum applicable to the charged crime. See §§ 5G1.1(a) & (c). The cross-reference only increases a defendant’s sentence at most to the statutory maximum associated with the charge on which he was convicted. U.S. v. Westmoreland, 240 F.3d 618 (7th Cir. 2001).
7th Circuit holds that facial scars of drive-by shooting victim constituted “permanent injury.” (210) Note 1(h) to § 1B1.1 defines “permanent or life-threatening bodily injury” as an “injury involving a substantial risk of death; loss or substantial impairment of the function of a bodily member, organ, or mental faculty that is likely to be permanent; or an obvious disfigurement that is likely to be permanent.” The Seventh Circuit agreed with the district court’s findings that permanent and disfiguring scars on the face of a drive-by shooting victim constituted a “permanent or life-threatening bodily injury.” See § 2A2.2(b)(3)(C). The “permanent injury” need not be of the same magnitude or seriousness as a life-threatening injury and the disfigurement need not rise to the same level as a substantial impairment of a bodily function. “The plain language of application note 1(h) encompasses injuries that may not be terribly severe but are permanent, hence the disjunctive ‘permanent or life-threatening injuries.’“ U.S. v. Price, 149 F.3d 352 (5th Cir. 1998). U.S. v. Phillips, 239 F.3d 829 (7th Cir. 2001).
7th Circuit holds that passing vehicle in no-passing zone at crest of hill was reckless. (210) Under guideline § 2A1.4, a conviction for involuntary manslaughter involving reckless conduct carries a higher base offense level than a conviction involving criminally negligent conduct. The district court found that defendant’s conduct was “reckless,” because he (1) was driving without a valid license, (2) had a blood alcohol level of .053, and (3) passed a slow-moving vehicle in a no-passing zone while driving up a hill. The Seventh Circuit held that the recklessness finding could have been based solely on defendant’s act of passing in a no-passing zone while driving uphill. An offender acts recklessly when he is “aware of the risk created by his conduct,” yet disregards the risk, and such disregard constitutes a “gross deviation from the standard of care that a reasonable person would exercise” in the situation. The act of passing in the lane for oncoming traffic while at or near the crest of a hill, where it is impossible to know whether another car is approaching in the same lane, is the very height of recklessness. Other factors compounded the recklessness of defendant’s act. He had been drinking prior to the accident, was driving with a revoked license, and had “traffic issues” in the past. U.S. v. O’Brien, 238 F.3d 822 (7th Cir. 2001).
7th Circuit holds that throwing urine on victim amounted to physical contact. (210) Defendant, a prison inmate, assaulted a federal officer, in violation of 18 U.S.C. § 111(a)(1), by throwing a cup of urine in a prison guard’s face, and upon his chest and arm. The district court applied an upward adjustment under § 2A2.4(b)(1) for conduct that involved physical contact; an adjustment that is analogous to battery. Defendant argued that the provision applies only if there is actual physical contact between the defendant and the victim. The Seventh Circuit disagreed, holding that throwing an offensive liquid such as urine upon another person amounts to “physical contact” for purposes of § 2A2.4(b)(1). Black’s Law Dictionary defines battery as “intentional and wrongful physical contact with a person,” but it is clear that the contact between the aggressor and the victim need not be direct, but rather can result from the “indirect application of force … by some substance or agency placed in motion by” the aggressor. Thus, spitting on another person has long been held to constitute a battery. In addition, at least two states have held that throwing urine on someone constitutes the physical contact necessary for a battery. U.S. v. Taliaferro, 211 F.3d 412 (7th Cir. 2000).
7th Circuit approves upward departure based on second murder conspiracy. (210) Defendant was convicted of seven counts based on two separate murder-for-hire schemes to kill her former lover. The district court grouped her convictions under § 3D1.2(b) because they involved the same victim and were part of a common scheme or plan. The court then departed upward because the second conspiracy was not adequately considered by the Sentencing Commission. The Seventh Circuit approved the upward departure based on the second murder conspiracy. Defendant’s decision to launch the second plan was not a case of “trying again” after the first conspiracy failed. Rather, by initiating the second conspiracy while the first conspiracy was still viable, defendant simply tried twice as hard to arrange the murder, and the intended victim was exposed to twice the risk of harm. The separate transactions enhanced the risk of harm because the likelihood that the victim would be killed increased twofold. U.S. v. Scott, 145 F.3d 878 (7th Cir. 1998).
7th Circuit approves upward departure for cache of weapons in murder solicitation. (210) Defendant hijacked an armored car containing $260,000, and used the proceeds to raise a private army to wage war on abortion clinics. He attempted to hire an FBI informant to serve in the campaign, which was to include a raid on a National Guard Armory to obtain military weapons, to be used to slaughter workers and patients at the clinics. By the time he was arrested, defendant had amassed an arsenal. Defendant was convicted of bank larceny, money laundering and solicitation to commit murder. The Seventh Circuit approved a two level departure that accounted for defendant’s weapons cache. Other provisions of the guidelines provide for a two level increase for weapons possessed in connection with the crime. The fact that the solicitation to commit murder guideline (§ 2A1.5) does not contain such a provision does not mean that this is not a proper ground for departure. Section 5K2.6 provides that a departure based on weapons is permissible. A two level departure is a modest adjustment given the number and type of weapons defendant possessed. U.S. v. Cook, 102 F.3d 249 (7th Cir. 1996).
7th Circuit directs court to consider whether 636-months amounted to life sentence. (210) Defendants detonated a pipe bomb in a residential alley, killing an elderly neighbor. In U.S. v. Prevatte, 16 F.3d 767 (7th Cir. 1994), the Seventh Circuit agreed that the first degree murder guideline applied. However, the life sentence was error since the issue of a life sentence had not been submitted to the jury. In addition, the district court should have analyzed the mental state of the defendants under note 1 to § 2A1.1. On remand, the district court found that the death was caused by defendants’ “reckless state of mind and behavior.” It imposed 636-month sentences, stating that it was “departing downward from the sentence called for by the murder statute, but not downward in the classification.” The Seventh Circuit directed the district court to consider whether the 636-month sentences amounted to life sentences. If so, they would be improper under the recently decided U.S. v. Martin, 63 F.3d 1422 (7th Cir. 1995). The district court did comply with the previous mandate by considering defendants’ mental state, and departing from the first degree murder guideline accordingly. Note 1 did not require the court to make its departure to the sentence that it would have imposed for second degree murder. U.S. v. Prevatte, 66 F.3d 840 (7th Cir. 1995).
7th Circuit says victim’s official status was not considered in base offense level. (210) Defendant pled guilty to assaulting federal officers and using a deadly and dangerous weapon in that offense. The Seventh Circuit held that a § 3A1.2(b) official victim enhancement was not double counting because the enhancement requires a higher level of culpability than the statute. To warrant the enhancement, the defendant’s actions must have been “motivated” by the victim’s official status. The enhancement was otherwise proper. Although defendant denied knowing that his victims were DEA agents, the district court found that the agents loudly and repeatedly identified themselves to defendant as law enforcement officers. The court also found that defendant heard the announcements. U.S. v. Sorensen, 58 F.3d 1154 (7th Cir. 1995).
7th Circuit says dangerous weapon increase for aggravated assault was not double counting. (210) Defendant assaulted a federal officer with a concrete block. At sentencing, the district court classified his offense as aggravated assault under § 2A2.2, and then imposed a § 2A2.2(b)(2)(B) enhancement because defendant used the concrete block as a dangerous weapon. Defendant argued that this was double counting since the use of the dangerous weapon already increased his base offense level by making the crime an aggravated assault. The Seventh Circuit held that the dangerous weapon enhancement was not double counting since he could have been guilty of aggravated assault without ever using the weapon. An aggravated assault includes an assault in which the defendant merely possesses a dangerous weapon. The § 2A2.2(b)(2)(b) enhancement applies only when the dangerous weapon is used during the assault. U.S. v. Sorensen, 58 F.3d 1154 (7th Cir. 1995).
7th Circuit rejects life sentence under 18 U.S.C. § 844(i) absent jury recommendation. (210) Defendants were involved in a series of burglary-bombings, during which a woman was killed. The statute that they violated, 18 U.S.C. § 844(i), provides for penalties including life imprisonment or death, as provided in section 34. They were sentenced under sections 2K1.4 and 2A1.1 with a base offense level of 43, which resulted in life imprisonment for both. The 7th Circuit reversed, holding that under 18 U.S.C. § 34, the district court could not impose a life sentence unless the jury recommended it. The sentencing guidelines cannot trump federal criminal statutes. Moreover, the court did not follow application note 1 to § 2A1.1, which suggests that where a death was not intentional, a downward departure based on the defendant’s state of mind may be warranted. U.S. v. Prevatte, 16 F.3d 767 (7th Cir. 1994).
7th Circuit applies murder guideline where woman was accidentally killed by burglar’s test bomb. (210) Defendants were involved in a series of bombings and burglaries. During a test bombing to determine the response time of emergency services, a woman was killed. Defendants were convicted of firearms and explosives violations. Section 2K1.4 directs that if death resulted from the offense, the court should apply the most analogous guideline. The 7th Circuit affirmed that the first degree murder guideline, § 2A1.1, was the most analogous. That guideline applies to a killing in the course of an arson. The court found that the bombing was sufficiently similar to arson, even though no fire occurred. Congress intended fire and explosives to be equivalent for purposes of 18 U.S.C. § 844(i). To apply the first degree murder guideline when death results from fire, but not when death results from explosives, would thwart Congressional intent. U.S. v. Prevatte, 16 F.3d 767 (7th Cir. 1994).
7th Circuit upholds use of assault guideline for firearms offense. (210) Defendant was convicted of being a felon in possession of a firearm. The 7th Circuit found that the district court properly sentenced defendant using the offense level for aggravated assault. The guideline for the felon-in-possession charge, § 2K2.1, states that if the felon used a weapon in connection with the commission or attempted commission of another offense, guideline § 2X1.1 should be applied if the offense level would be higher. Section 2X1.1(a) provides that the base offense level shall be the base offense level for the “object offense.” The term “object offense” refers to the underlying conduct, in this case aggravated assault, rather than the charged offense. The district court had sufficient evidence to determine that the crucial element of aggravated assault — intent to do bodily harm to the victim — was present. Defendant had raised a cocked gun at a police officer and demanded that the officer leave defendant’s apartment. The officer left, and returned with other officers, who found defendant hiding in the bathroom behind the shower curtain. Defendant shouted that if the officers tried to capture him, he would “blow their heads off.” U.S. v. Madewell, 917 F.2d 301 (7th Cir. 1990), abrogation on other grounds recognized by Fryer v. U.S., 243 F.3d 1004 (7th Cir. 2001).
8th Circuit allows judicial fact-finding in support of § 2A1.1 cross-reference. (210) Defendant was convicted of being a felon in possession of a firearm. At sentencing, the district court found that defendant possessed a firearm while participating in a homicide, and applied the first-degree murder § 2A1.1 cross-reference. Defendant argued that the district court violated Alleyne v. U.S., 570 U.S. __, 133 S.Ct. 2151 (2013), by applying the § 2A1.1 cross-reference without having a jury act as the fact-finder. The Eighth Circuit found no error. Application of the § 2A1.1 cross-reference neither increased the penalty beyond the statutory maximum, nor increased the mandatory minimum. The district court did not err in conducting its own fact-finding for the purposes of the § 2A1.1 cross-reference and otherwise determining the guidelines range. U.S. v. Davis, __ F.3d __ (8th Cir. June 12, 2014) No. 13-3028.
8th Circuit uses cross-reference to attempted murder guideline in bombing case. (210) Defendant set off a bomb next to the car of a state medical board official. The guideline for crimes involving weapons of mass destruction, § 2M6.1 (c)(2), says the court should apply the attempted murder guideline if the offense is “tantamount to attempted murder.” The Eighth Circuit upheld the use of the cross-reference, finding it reasonable for the court to determine that the explosion was intended to kill the victim, and that it was tantamount to attempted first-decree murder. A government explosives expert testified that an MK3A2 grenade, which was used in the bomb, is designed to cause casualties. Additionally, a bomb technician testified that the type of grenade used in the bombing was “almost guaranteed” to kill any individual within a closed-in area where it explodes. The government also produced ample evidence of the life-threatening nature of the victim’s injuries and the numerous and extensive surgeries that were necessary to sustain his life. U.S. v. Mann, 701 F.3d 274 (8th Cir. 2012).
8th Circuit finds any error in applying dangerous weapon increase was harmless. (210) Defendant bit a federal agent, and pled guilty to assaulting a federal officer under 18 U.S.C. § 111. The district court applied a four-level increase under § 2A2.2(b)(2)(B) for use of a dangerous weapon, i.e., defendant’s teeth. The Eighth Circuit ruled that any error was harmless, because the district court made clear that it would impose the 60-month sentence whether or not it applied the dangerous weapon increase. Defendant’s advisory guideline range with the enhancement was 63-78 months, and without the enhancement, it would have been 41-51 months. The court observed that the 60-month term was “three months below the bottom end of the guideline range with the dangerous weapon enhancement,” but “nine months above the top end of the guideline range, if the Court had ruled that teeth are not a dangerous weapon.” The court emphasized that the sentence it selected was “not a matter of compromise,” saying: “It’s what the Court thinks is sufficient, but not more than necessary, to serve the purposes of § 3553(a).” The record demonstrated that any error in calculating the advisory guideline range did not substantially influence the sentence. U.S. v. LaRoche, 700 F.3d 363 (8th Cir. 2012).
8th Circuit finds 121-month sentence for murder of newborn child is reasonable. (210) On the day that defendant gave birth, she left the child alone in her house and did not return for two weeks. When she returned, she took the child’s dead body and threw it in a ditch. Defendant pleaded guilty to second-degree murder. Defendant’s sentencing range under the advisory Guidelines was 121 to 151 months, and the district court imposed a 121-month sentence. The Eighth Circuit held that this sentence was substantively reasonable. U.S. v. Deegan, 605 F.3d 625 (8th Cir. 2010).
8th Circuit upholds 96-month sentence for voluntary manslaughter. (210) A jury acquitted defendant of second-degree murder but convicted him of the lesser-included offense of voluntary manslaughter and firearm charges. The court sentenced defendant to 216 months in prison, a 10-year mandatory minimum on the gun charge, plus a middle-of-the-range sentence (96 months) on the voluntary manslaughter charge. The court rejected defendant’s request for a downward variance, noting that most of the jurors believed this was a second-degree murder case, that the victim had been shot in the back, and that defendant’s statements at the hospital following the incident indicated a second-degree murder conviction might have been more appropriate. The Eighth Circuit held that the 96-month sentence for voluntary manslaughter was not unreasonable. Sentencings within the advisory guideline range are presumptively reasonable. The sentence imposed fell within the middle of the advisory range, so it left considerable room to impose greater sentences on others whose conduct was more reprehensible. Defendant failed to point to any cases that suggested that his sentence was unreasonable. U.S. v. McCoy, 496 F.3d 853 (8th Cir. 2007).
8th Circuit holds that stabbing unarmed victim at least five times and kicking him warranted § 5K2.8 departure. (210) Defendant was convicted of voluntary manslaughter for stabbing a man to death. Section 5K2.8 authorizes an upward departure if defendant’s conduct “was unusually heinous, cruel, brutal, or degrading to the victim.” The Eighth Circuit agreed that defendant’s conduct was relatively egregious, supporting the § 5K2.8 departure. Defendant stabbed his unarmed victim at least five times, puncturing the victim’s organs. Defendant then kicked his prostrate, immobilizing victim, a gratuitous infliction of injury. Defendant then fled the scene, leaving the victim to bleed from the wounds that resulted in his death. Finally, defendant admitted that he had a history of violence with the rival group. U.S. v. Chase, 451 F.3d 474 (8th Cir. 2006).
8th Circuit holds that dangerous weapon departure was proper for voluntary manslaughter defendant. (210) Defendant was convicted of voluntary manslaughter after he stabbed another man to death. He argued that an upward departure under § 5K2.6 for the use of a weapon or dangerous instrumentality was improper because the manslaughter guideline already took this factor into account. The Eight Circuit held that a § 5K2.6 departure may be appropriate when the underlying offense is voluntary manslaughter. The voluntary manslaughter guideline, § 2A3.1, has not already accounted for the use of a weapon or dangerous instrumentality, and weapons are not inherent in the offense of voluntary manslaughter. Therefore, given’s defendant’s use of a knife in killing the victim, the district court did not err in granting an upward departure under § 5K2.6. U.S. v. Chase, 451 F.3d 474 (8th Cir. 2006).
8th Circuit upholds sentence above guideline range for defendant who severely scalded toddler in bathtub. (210) Defendant pled guilty to assault resulting in serious injury following the bathwater burning of his two-year old daughter. The district court imposed a sentence of 60 months, which was three months above the top of his advisory guideline range. The Eighth Circuit upheld the sentence as reasonable, rejecting defendant’s argument that the sentence was the product of the court’s emotion rather than the result of proper judicial reasoning. Although the court characterized the crime as “torture,” this can be a ground for an upward departure from the guideline range. See U.S.S.G. § 5K2.8. The court’s use of the word torture was not emotional hyperbole, but a deliberate finding of fact in support of the sentence. The court also properly considered the § 3553(a) factors. Given the brutality of the crime, the defenseless and prolonged suffering of the victim, the severity of the injuries, the resulting permanent disfigurement and the complete abdication of defendant’s most basic responsibility as a parent, the 60-month sentence was reasonable. U.S. v. Little Hawk, 449 F.3d 837 (8th Cir. 2006).
8th Circuit approves sentence 40 months above guideline range where mother abused child on a daily basis prior to his death. (210) Defendant pled guilty to aiding and abetting second degree murder in Indian country following the death of her four-year-old son. The boy’s father, with whom she resided, pled guilty to second degree murder. Both had guideline ranges of 151-188, but the district court, after considering the sentencing factors under 18 U.S.C. § 3553(a), imposed sentences of 228 months on both. Defendant argued that she should have been sentenced based on her actual conduct, which was child abuse. The Eighth Circuit rejected this argument. Defendant was convicted of aiding and abetting second degree murder, not child abuse. The cases she cited did not involve six months of torture or result in the child’s death. The court found that defendant and the boy’s father were equally culpable for the actions that led to the child’s death. It supported its sentence with findings that “up until the last day of [the child’s] life, [defendant] was responsible for more of this child abuse than was [the father.]” There was ample evidence of nearly daily abuse, mostly by defendant. The pathologist who performed the autopsy could not determine whether the boy’s death was caused by his father’s blow to the head or a combination of blows, some of which were older. Defendant’s sentence was reasonable. U.S. v. Sitting Bear, 436 F.3d 929 (8th Cir. 2006).
8th Circuit holds that error is finding upward departures “no longer existed” was harmless. (210) Defendant and his girlfriend were convicted of second degree murder in connection with the death of their four-year old son. Both defendants had guideline ranges of 151-188 months. The district court determined that upward departures no longer exist after U.S. v. Booker, 543 U.S. 230 (2005) and, applying the sentencing factors contained in 18 U.S.C. § 3553(a), sentenced them both to 228 months’ imprisonment. The Eighth Circuit ruled that the court erred in concluding that upward departures no longer existed, but the error was harmless. The court should have followed three steps: (1) determine the applicable guideline range without consideration of any departure factors; (2) consider the departure provisions in Chapter 5 Part K and § 4A1.3 of the guidelines; and (3) consider the rest of the § 3553(a) factors. The district court’s erroneous belief that it could not depart upward did not deprive defendant of any substantial or even beneficial rights. He was deprived merely of the opportunity to receive an upward departure and perhaps, a longer sentence. Finally, defendant failed to establish that his ultimate sentence was unreasonable. The district court noted that it was “one thing to cause the death of your child. But with this amount of torture that was going on I am, of course, going to take that into account in sentencing here.” U.S. v. Sitting Bear, 436 F.3d 929 (8th Cir. 2006).
8th Circuit holds that sentence 54 percent above top of advisory guideline range was reasonable. (210) Defendant was convicted of second-degree murder within Indian country. Although the advisory guideline range was 188-235 months, the district court sentenced defendant to 363 months. The Eighth Circuit ruled that the sentence, although 54 percent from the top of the advisory guideline range, was reasonable. The court did not explicitly list the § 3553(a) factors, but the record reflected that the court took into account the relevant § 3553(a) factors and adequately explained why it chose a sentence of 363 months. The court considered the nature and characteristics of the offense, noting victim was not looking for a fight and had no opportunity to defend himself, defendant knew the injury was serious and chose to keep drinking rather that help the victim, and assaulted another man to prevent him from getting help, and eventually fled. The court also recounted defendant’s extensive violent criminal history, noting additional criminal conduct that did not contribute to his criminal history category. The court also expressed concern about the level of violence and substance abuse on Indian reservations, and noted that defendant had not benefited from his previous federal sentence of 63 months’ custody. Finally, the Sentencing Guidelines were amended November 2004, after the date of defendant’s crime, to increase the offense level for second-degree murder. Under these new guidelines, defendant would have a sentencing range of 360-life. U.S. v. Larrabee, 436 F.3d 890 (8th Cir. 2006).
8th Circuit upholds guideline sentence for assault as reasonable. (210) Defendant received a 40-month guideline sentence for his assault convictions. He argued that the court erred both by not departing from the guidelines and by giving an unreasonable sentence. The Eighth Circuit found no error in the refusal to depart, and found the guideline sentence reasonable. The district court did not abuse its discretion by inappropriately considering rehabilitation as a sentencing factor. The panel rejected defendant’s claim that the district court failed to adequately consider defendant’s family responsibilities. Although some cases have upheld downward departures based in part on family responsibilities, there are no cases in which courts have remanded for failure to adequately consider family responsibilities. Moreover, defendant did not claim his family required the substantial level of care and monitoring that situations involving downward departures have demanded. Defendant’s mother had been raising the children with defendant and had been caring for them since defendant’s arrest. U.S. v. Tobacco, 428 F.3d 1148 (8th Cir. 2005).
8th Circuit says use of firearm and victim’s life-threatening injury was reasonably foreseeable to aider and abettor. (210) Defendant was convicted of aiding and abetting an assault resulting in serious bodily injury. The district court applied a five-level enhancement under § 2A2.2(b)(2)(A) for the discharge of a firearm. He argued that the increase was improper because he was not involved in the shooting and the use of the firearm was not foreseeable to him. The Eighth Circuit disagreed. The rifle used to shoot the victim was visible in the passenger compartment in the car in which defendant was riding. A few hours before the shooting, defendant unsuccessfully solicited another man to shoot a different man. Defendant and his close friends had a history of hostility toward the victim. The shooter, a few weeks before the shooting, had threatened to kill the victim. When defendant and his friends encountered the victim walking alone, defendant jumped out of the vehicle and confronted the victim, and after the shooting “war whoop[ed]” as the three left the scene. The panel also upheld a § 2A2.2(b)(3)(C) increase for the degree of bodily injury. Although the victim ultimately died from the gunshot wounds he sustained, it did not follow that he did not sustain permanent or life-threatening bodily injury. There was evidence the victim sustained permanent or life-threatening injury apart from his subsequent death. U.S. v. Jourdain, 433 F.3d 652 (8th Cir. 2006).
8th Circuit approves upward criminal history departure based on severity of prior conviction. (210) The district court, sua sponte, departed upward two criminal history categories. The court based a one-category departure on defendant’s prior second-degree murder conviction, despite the crime’s prior consideration in computing his criminal history. The Eighth Circuit found this reasonable. Neither the guidelines nor the commentary prohibit considering convictions also used to award criminal-history points. Some categories of crimes, such as murder, would be underrepresented by an inflexible three-point addition for any sentence over one year and one month. Defendant was previously sentenced to 50 years for murder, and paroled after serving only about seven years. The violent nature of the murder conviction, the length of the sentence, and the time actually served supported a finding that defendant’s criminal history category substantially underrepresented the seriousness of his criminal history. The second departure in criminal history category was based on defendant’s four parole violations, including three failed urinalysis tests. Defendant also admitted numerous other incidents of criminal conduct, all drug-related but not charged, for which he received no criminal history points. The district court reasonably considered defendant’s continued drug-related uncharged conduct as proof that his criminal history category substantially underrepresented the seriousness of his criminal history and potential for recidivism. U.S. v. Yahnke, 395 F.3d 823 (8th Cir. 2005).
8th Circuit approves downward departure where co-conspirator’s death was unintentional. (210) Defendant hired a friend to burn down defendant’s nightclub so that defendant could collect the insurance proceeds. The nightclub ended up exploding, and the friend died in the explosion. Section 2K1.4(c)(1) directs a court to apply “the most analogous guideline” if death resulted from the offense. The district court found that § 2A1.1, First-Degree Murder, was the most analogous, but then departed downward to an offense level of 33, the same offense level as under § 2A1.2, Second Degree Murder. The court relied upon the fact that the victim’s death was not intentionally or knowingly caused by defendant. In a pre-Blakely case, the Eighth Circuit affirmed. Note 1 of the commentary to § 2A1.1 provides that if the defendant did not cause the death intentionally or knowingly, a downward departure may be warranted. The ten-level departure reflected the district court’s belief that defendant’s responsibility for his friend’s death was peripheral, that this was a botched insurance scam with a tragic result – both of which are factual findings. The commentary gives broad discretion to the district court to determine the extent of such a departure. U.S. v. Manfre, 368 F.3d 832 (8th Cir. 2004).
8th Circuit approves sentencing robbery defendant under first-degree murder guideline. (210) Defendant pled guilty to robbery and second-degree murder in Indian Country, in violation of 18 U.S.C. §§ 1153, 1111(a) and 2111. The robbery guideline, § 2B3.1(c)(1), directs a court to apply § 2A1.1, the first-degree murder guideline, if “a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States.” Defendant argued that this cross-reference applies only if the victim was killed outside the jurisdiction of the United States, and therefore it did not apply to him. The Eighth Circuit rejected this reading, which would result in a lesser punishment for a killing committed in the course of a federal robbery within the jurisdiction of the U.S. than a killing committed in the course of a federal robbery of a bank outside federal jurisdiction. The district court correctly applied the cross reference to defendant. Defendant pled guilty to second-degree murder during the course of a robbery within federal jurisdiction, a crime meeting the definition of murder under § 1111. Although not convicted of first-degree murder, defendant was properly sentenced under the first-degree murder guideline. U.S. v. Bear, 356 F.3d 839 (8th Cir. 2004).
8th Circuit upholds use of aggravated assault guideline for felon convicted of possessing firearm. (210) Section 2K2.1 provides for a base offense level of 14 for possession of a firearm by a felon. However, if the defendant used or possessed the firearm in connection with the commission of another offense, the court is to apply the offense level from the other offense if it is greater than the firearms offense level. § 2K2.1(c)(1)(A). The district court found that defendant used the firearm in connection with the offense of aggravated assault, and thus applied § 2A2.2. The Eighth Circuit affirmed. Defendant had a heated argument with the victim, left the bar, and returned carrying a gun and wearing a ski mask. He tried to find the victim, and when unsuccessful, sought him out at another bar. When the victim came outside the bar, defendant aimed his gun at him and eventually shot him. These facts established that defendant’s conduct fell within at least one of the commentary’s definitions of aggravated assault. U.S. v. White, 354 F.3d 841 (8th Cir. 2004).
8th Circuit says scar from removal of bullet and presence of bullet in body was “permanent” bodily injury.” (210) In a § 2255 motion, defendant argued that he improperly received a four-level increase under § 2A2.1(b)(1) (A) for “permanent or life threatening bodily injury.” In rejecting the argument, the Eighth Circuit noted that the argument was beyond the scope of the district court’s remand and could have been raised in defendant’s first appeal. In any event, the contention failed. The victim’s permanent scar from removal of a bullet from his neck and the presence of a bullet inside his body supported the permanent injury enhancement. U.S. v. Miner, 345 F.3d 1004 (8th Cir. 2003).
8th Circuit upholds use of homicide cross-reference where victim was killed in meth lab fire. (210) During defendant’s drug activity, a wooden building containing defendant’s methamphetamine lab exploded and burned, killing one person. Section § 2D1.1(d)(1) of the drug guideline directs the application of § 2A1.1 (First Degree Murder) if “a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 …” Section 1111 defines murder as “the unlawful killing of a human being with malice aforethought.” Defendant challenged the district court’s use of the murder cross-reference, arguing that the circumstances surrounding the victim’s death did not support a finding of malice. The Eighth Circuit disagreed, upholding the use of the cross-reference. Defendant had been manufacturing methamphetamine and soliciting others to join him in doing so for a year. The process of manufacturing meth involves flammable material and chemical reactions, and the potential hazards of manufacturing meth are well documented. Thus, it was entirely reasonable to infer that, given defendant’s familiarity with the process of manufacturing meth, he was “aware of a serious risk of death or serious bodily harm” associated with the operation of a meth lab. Defendant’s conduct was “reckless and wanton, and a gross deviation from a reasonable standard.” U.S. v. Graham, 323 F.3d 603 (8th Cir. 2003).
8th Circuit approves departure where aggravated assault guideline did not adequately account for psychological injury. (210) Defendant drove while intoxicated and caused a head-on collision with another vehicle, seriously injuring the elderly driver and his wife. The district court found that the driver suffered a “permanent or life threatening bodily injury,” which warranted a six-level enhancement under U.S.S.G. § 2A2.2(b)(3)(C). The court relied on the psychological injury to the driver in combination with his physical injuries. The court also departed upward under § 5K2.3 based on the driver’s extreme psychological injury. Because this psychological injury was already taken into consideration in § 2A2.2, a departure under § 5K2.3 was only permissible if the factor was present “to an exceptional degree.” The district court set forth detailed findings concerning the causes of and severity of the driver’s depression: the loss of a spouse of 53 years, the extensive treatment required by his physical injuries, confusion regarding the moves between hospitals and assisted living facilities, and the substantial impairment of the victim’s mental function due to the aggravation of his dementia. The Eighth Circuit upheld that the district court’s finding that psychological injury was present to an exceptional degree and that the § 2A2.2(b)(3)(C) increase alone failed to adequately account for the driver’s injuries. The departure was not an abuse of discretion. U.S. v. Thin Elk, 321 F.3d 704 (8th Cir. 2003).
8th Circuit says defendant could withdraw from agreement requiring illegal sentence for first-degree murder. (210) The federal murder statute, 18 U.S.C. § 1111, dictates a sentence of death or life imprisonment for first-degree murder. See also § 2A1.1 (setting base offense level of 43 corresponding to life sentence for first-degree murder). Nevertheless, and despite abundant evidence that defendant committed a premeditated murder, the government agreed to recommend a 35-year sentence in exchange for defendant’s guilty plea to first degree murder. Later, he attempted to withdraw from his plea, contending that his attorney coerced him to take the deal. The court denied defendant’s motion, finding no coercion, and then imposed the agreed-upon 35-year sentence. The Eighth Circuit held that the 35-year sentence for the first-degree murder was illegal. Congress has provided two limited mechanisms for departing below a statutorily prescribed penalty: a departure for substantial assistance and the safety valve provision. Neither provision was applicable here. There can be no plea bargain to an illegal sentence. Even when a defendant, prosecutor and court agree on a sentence, the court cannot give the sentence effect if it is not authorized by law. Thus, when a defendant has entered a plea bargain that contemplates an illegal sentence, the defendant is generally entitled to withdraw the guilty plea, unless the sentence can be corrected to give the defendant the benefit of his bargain. U.S. v. Greatwalker, 285 F.3d 727 (8th Cir. 2002).
8th Circuit says life sentence proper even if defendant only acted as aider and abettor in murder. (210) Defendant was convicted of various drug crimes, including killing another person with a firearm during a drug trafficking crime. The district court sentenced defendant to life imprisonment on the murder counts. Defendant argued that his sentence should be reduced because at most he only aided and abetted Jackson in committing the murder. However, even if it accepted defendant’s argument that he was not the shooter, the Eighth Circuit found that defendant would not be entitled to a lesser sentence. The guidelines provide that aiders and abettors receive the same offense level as if convicted as a principal, § 2X2.1, and there was no evidence that would support a mitigating role reduction. U.S. v. Miller, 283 F.3d 907 (8th Cir. 2002).
8th Circuit says court could not depart below statutory minimum. (210) Defendant was convicted of first-degree felony murder, the underlying felony being arson. He argued that the district court erred in stating that it had no discretion to depart from the statutory minimum sentence of life imprisonment under § 1111(a). The Eighth Circuit disagreed. “The only authority for the district court to depart below the statutorily mandatory minimum sentence is found in 18 U.S.C. §§ 3553(e) and (f), which apply only when the government makes a motion for substantial assistance or when the defendant qualifies under the safety valve provision.” U.S. v. Villar, 184 F.3d 801 (8th Cir. 1999). Neither of these conditions existed here. U.S. v. Auginash, 266 F.3d 781 (8th Cir. 2001).
8th Circuit finds cross-reference to murder guideline did not violate due process. (210) Defendant was convicted of robbery, conspiracy, gun-trafficking, and use of a gun in a crime of violence. The recommended guidelines sentence of life imprisonment was adjusted to comply with the statutory maximum sentences set for each of defendant’s offenses, yielding a total sentence of 540 months. Defendant argued that his sentence violated due process because this was a case where “a sentencing enhancement factor becomes ‘a tail which wags the dog of the substantive offense.’” The Eighth Circuit disagreed. This was not a case where a defendant received a life sentence based on the federal court’s finding that it “was more likely than not” that he committed murders for which he had been acquitted. Defendant was convicted by a federal judge of armed robbery. Section 2B3.1(c)(1) provides that “if a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111” the court should apply § 2A1.1 (First Degree Murder). Section 111(a) defines “murder” to include felony murder. There was no question that defendant could have been convicted of felony murder. U.S. v. Al-Muqsit, 191 F.3d 928 (8th Cir. 1999), vacated in part on other grounds by U.S. v. Logan, 210 F.3d 820 (8th Cir. 2000).
8th Circuit applies force enhancement in sexual abuse case. (210) Defendant was convicted of sexually abusing a young girl living in his mother’s house. The district court applied a four-level enhancement under § 2A3.1(b)(1) [incorrectly cited in the case as 2A.1(b)(1)] for an offense committed by means set forth in 18 U.S.C. § 2241(a) or (b). Since four of defendant’s convictions were under § 2241(a), the Eighth Circuit affirmed the enhancement. Force sufficient to obtain a conviction under 18 U.S.C. § 2241(a) will also sustain an enhancement under USSG § 2A3.1(b)(1). U.S. v. Running Horse, 175 F.3d 635 (8th Cir. 1999).
8th Circuit approves use of aggravated assault guideline for vehicular battery. (210) Defendant pled guilty to vehicular battery after driving drunk and causing a serious car accident in which three passengers were injured. Because there is no expressly promulgated guideline for vehicular battery, § 2X5.1 directed the court to apply the most analogous guideline. The Eighth Circuit upheld the district court’s decision to use aggravated assault as the most analogous guideline for vehicular battery. Assault resulting in a serious bodily injury only requires a general intent to commit the acts of assault, and not a specific intent to do bodily harm. The applicable South Dakota statute similarly required only a general intent. Defendant’s conduct fell well within the aggravated assault guideline. He chose to drive a motor vehicle in a highly intoxicated state, despite being warned that he was weaving out of his lane and that he should let someone else drive. The accident and consequential injuries followed naturally from his decision. Defendant had the general intent comparable to that required for an assault resulting in a serious bodily injury under federal law. U.S. v. Osborne, 164 F.3d 434 (8th Cir. 1999).
8th Circuit affirms use of involuntary manslaughter guideline for vehicular battery. (210) Defendant pled guilty to vehicular battery after driving drunk and causing an accident which seriously injured the driver of another car. Because there is no expressly promulgated guideline for vehicular battery, § 2X5.1 directed the court to apply the most analogous guideline. Despite the factual similarity between this case and U.S. v. Osborne, 164 F.3d 434 (8th Cir. 1999), a companion case in which the Eighth Circuit upheld the use of the aggravated assault guideline for a vehicular battery, the Eighth Circuit here approved the district court’s decision to use the involuntary murder guideline. Both involuntary manslaughter and vehicular battery contemplate that the defendant did not have the specific intent to cause harm. Like vehicular battery, involuntary manslaughter requires that the defendant’s conduct cause serious bodily harm, although involuntary manslaughter contemplates the death of the victim. However, the court did err when it added the specific offense characteristic of aggravated assault to the base offense level of involuntary manslaughter. The guidelines call for upward departures, not the combining of guidelines, when the district court finds that the total offense level arrived at by applying the analogous guideline is not adequate. U.S. v. Allard, 164 F.3d 1146 (8th Cir. 1999).
8th Circuit cannot review where court was aware of its discretion to depart. (210) Defendant and several friends started a fire that resulted in the death of six firefighters. The district court applied § 2A1.1, the first-degree murder guideline, to calculate defendant’s base offense level for arson resulting in death. Under § 2A1.1, the court may depart downward if the defendant did not cause the death intentionally or knowingly. Defendant argued that the district court erred in not departing downward for this reason. The Eighth Circuit held that it had no jurisdiction to review the refusal to depart because the district court was aware of its discretion to depart. U.S. v. Edwards, 159 F.3d 1117 (8th Cir. 1998).
8th Circuit finds serious bodily injury based on stress disorder that required hospitalization. (210) Defendant and his brother attempted to kill an undercover agent. The Eighth Circuit affirmed a serious bodily injury enhancement under § 2A2.1(b) (1)(B) based on the injuries the officer received in the attack. The victim was struck on the head multiple times and received several stitches to the resulting lacerations. He received bruises to both arms and left shoulder. Additionally, the victim developed Post-traumatic Stress Disorder (PTSD), for which he was subsequently hospitalized. He suffered irrational, debilitating fear, night terrors and nightmares, depression, and anxiety attacks that generalized into all other areas of life management. While PTSD may not always rise to the level of serious bodily injury, it certainly can, and in combination with the other injuries suffered, it did here. U.S. v. Rodgers, 122 F.3d 1129 (8th Cir. 1997).
8th Circuit upholds dangerous weapon enhancement for defendant who committed aggravated assault. (210) Defendant, a member of a motorcycle gang, was convicted of RICO and drug charges. The district court used the aggravated assault guideline for a RICO count based on a beating defendant inflicted with a baseball bat and tire checker. Defendant argued that a § 2A2.2 dangerous weapon enhancement was impermissible double counting. The Eighth Circuit, relying on U.S. v. Dunnaway, 88 F.3d 617 (8th Cir. 1996), found no double counting problem. U.S. v. Fairchild, 122 F.3d 605 (8th Cir. 1997).
8th Circuit uses relevant conduct for bodily injury enhancement. (210) Defendant was convicted of two counts of aggravated assault with a dangerous weapon. He challenged an enhancement under § 2A2.2(b)(3)(A) for bodily injury, contending that his victim’s injuries were not caused by the dangerous weapons, but by his fists and feet. The Eighth Circuit held that the relevant conduct was properly considered in applying the bodily injury enhancement. The victim sustained a large cut on her right forearm, bruises on her face and chin, a swollen nose, scraped knees and shins, bruising on her shoulder, face and shin areas, lacerations on her forearm, and a hairline rib fracture. These injuries occurred during defendant’s nearly continuous assault on the victim. The district court was not required to assign the use of a specific dangerous weapon to a particular resulting injury. U.S. v. LeCompte, 108 F.3d 948 (8th Cir. 1997).
8th Circuit considers relevant conduct in applying aggravated assault cross-reference. (210) Defendant became involved in an altercation with federal park rangers. The altercation continued as a state conservation agent arrived. Defendant told his son to shoot the state agent. Defendant was convicted in federal court of forcibly assaulting and interfering with the park rangers. The applicable guideline, § 2A2.4 (Obstructing or Impeding Officers), directs a court to apply § 2A2.2 if the conduct constituted aggravated assault. The Eighth Circuit held that a November 1992 amendment to § 2A2.4 allowed the district court to consider relevant conduct in determining whether to apply the § 2A2.2 cross-reference. Defendant’s conduct toward the state conservation agent was relevant conduct, and constituted an aggravated assault because it involved a dangerous weapon with intent to do bodily harm. The court’s consideration of defendant’s conduct toward the state agent did not constitute double jeopardy, even though the state already prosecuted him for that conduct. The consideration of relevant conduct is not punishment for double jeopardy purposes. U.S. v. Street, 66 F.3d 969 (8th Cir. 1995).
8th Circuit uses aggravated assault guideline where defendant knocked out officer to steal seized drug proceeds. (210) Defendant was stopped at the airport carrying $16,000 cash. While a police detective counted the money, defendant struck of detective in the back of the head with his fist, causing the detective to fall forward and be knocked unconscious. Defendant grabbed the cash and fled. The Eighth Circuit held that defendant was properly sentenced under § 2A2.2, aggravated assault, rather than § 2A2.4, obstructing or impeding an officer. The offense involved both serious bodily injury and intent to commit another felony. The detective’s injury required hospitalization, albeit briefly, and involved the impairment of his mental faculties when he was knocked unconscious. In addition, defendant struck the officer to facilitate the robbery of the seized drug proceeds. U.S. v. Thompson, 60 F.3d 514 (8th Cir. 1995).
8th Circuit upholds official victim increase even though victim’s status was element of offense. (210) Defendant pled guilty to threatening the life of the president. He was sentenced under § 2A6.1 (Threatening Communications) and received an official victim enhancement under § 3A1.2(a). The 8th Circuit held that the official victim enhancement was not double counting, even though the victim’s status was an element of the offense of conviction. Note 3 to § 3A1.2 states that the only Chapter Two offense which specifically incorporates the factor is § 2A2.4 (Obstructing or Impeding Officers). Section 2A6.1 does not specifically incorporate the official victim factor. U.S. v. Fann, 41 F.3d 240 (8th Cir. 1994).
8th Circuit reverses ruling that knife wound to kidney was not “serious bodily injury.” (210) Defendant was convicted of assault for stabbing the victim in the kidney. After announcing its intent to impose a sentence as close as possible to that reversed on a previous appeal, the district court concluded that the victim’s wound was not a serious bodily injury, although the court admitted on the record to being “less than intellectually honest.” The 8th Circuit reversed the determination, noting that the victim’s wound resulted in four days’ hospitalization, the loss of one-third of her blood supply, and excruciating pain. The court also reversed the district court’s downward departure designed to give defendant “credit” for time she had spent in a shelter for abused adults. U.S. v. Desormeaux, 4 F.2d 628 (8th Cir. 1993).
8th Circuit upholds cross-reference from firearms to aggravated assault guideline. (210) Defendant was convicted of being a felon in possession of a firearm, but based on the cross references in §2K2.1(c)(2) and §2X1.1, he was sentenced under §2A2.2, the aggravated assault guideline. The 8th Circuit rejected defendant’s claim that it violated his rights to due process and to a jury trial to apply the sentencing provisions for a crime with which he had not been charged. Consideration of uncharged conduct in sentencing does not violate a defendant’s constitutional rights if the government proves the conduct by a preponderance of the evidence. The court also rejected defendant’s claim that under the 1991 version of note 2 to §2X1.1, a prerequisite for applying §2X1.1 is a conviction for aggravated assault. When read in context, this commentary applies only if §2X1.1 is applied directly, rather than as a cross-reference from §2K2.1. Senior Judge Bright dissented. Judge Gibson agreed with the portion of Judge Bright’s dissent which stated that the guideline system “cries out for change.” U.S. v. Smith, 997 F.2d 396 (8th Cir. 1993).
8th Circuit holds defendant responsible for more than minimal planning by other conspirators. (210) Defendant was convicted of offenses relating to his involvement in a murder-for-hire scheme. He contended that a more than minimal planning enhancement was improper since even if the conspiracy involved such planning, he was not personally involved in it. The 8th Circuit upheld the enhancement. Defendant made several trips to Arkansas with others for the purpose of killing the victim before the actual assault. Additionally, defendant admitted others in the conspiracy engaged in more than minimal planning. This planning was reasonably foreseeable in a conspiracy to murder scheme, and defendant was therefore responsible for such planning. U.S. v. Parker, 989 F.2d 948 (8th Cir. 1993).
8th Circuit says victim who was in pain and needed crutches to walk suffered serious bodily injury. (210) Defendants ambushed a woman victim at night as she was walking towards her apartment. They fired five times with a shotgun, and she suffered over 100 pellet wounds to her body. The 8th Circuit affirmed an enhancement based on the victim’s serious bodily injury under section 2A2.1(b)(3) (Nov. 1989). The district court did not just rely on an unsupported assumption that the victim suffered terror from being ambushed at night. Medical records indicated the victim was prescribed crutches to walk. The victim’s sister testified that the victim was in pain, and needed the crutches to walk. She also stated that the victim was in shock and could not return to her job because of mental trauma. U.S. v. Parker, 989 F.2d 948 (8th Cir. 1993).
8th Circuit applies enhancement where others in murder conspiracy were motivated by money. (210) Defendant was convicted of offenses relating to his involvement in a murder-for-hire scheme. The 8th Circuit upheld an enhancement under section 2A2.1(b)(4) for a conspiracy motivated by a payment of money or other thing of value, even though there was no evidence that defendant ever received any payment. Defendant admitted the payment of money motivated the conspiracy. The increase applied to him because it was reasonably foreseeable that others in the conspiracy were motivated by money. Moreover, evidence at trial indicated a co-conspirator promised to pay defendant if he killed the intended victim. Defendant had no other motive to commit the crime. U.S. v. Parker, 989 F.2d 948 (8th Cir. 1993).
8th Circuit says enhancement for physical contact during assault was not double counting. (210) Defendant was convicted of assaulting an IRS agent. He argued that the enhancement he received under section 2A2.4(b)(1) for an assault involving physical contact was impermissible double counting, because the conduct proscribed by 18 U.S.C. section 111 involved forcible assault. The 8th Circuit rejected the argument, ruling that physical contact is not an element of forcible assault under section 111. U.S. v. Wollenzien, 972 F.2d 890 (8th Cir. 1992).
8th Circuit affirms enhancement for striking IRS agent. (210) Defendant was convicted of assaulting an IRS agent during the performance of his official duties. The 8th Circuit upheld an enhancement under section 2A2.4(b)(1) for an offense involving physical contact, because defendant struck the agent and subjected him to a considerable degree of violence. Defendant testified that he had grabbed the agent’s clothes and treated him somewhat roughly. However, the court credited the agent’s testimony that defendant had made a “cowardly attack” on the officer from behind, and had struck a severe blow at the back of the agent’s neck. U.S. v. Wollenzien, 972 F.2d 890 (8th Cir. 1992).
8th Circuit affirms use of weapon enhancement for defendant who gave informant gun to kill witness. (210) Defendant hired a confidential informant to kill a government witness. As part of the conspiracy, defendant gave the informant a gun to use to kill the witness. The 8th Circuit affirmed a three-level enhancement under section 2A2.1(b)(2)(C) for threatened use of a dangerous weapon. The court rejected defendant’s claim that neither he nor the informant actually threatened to use the gun against the witness since the informant actually turned the weapon over to DEA agents. From the point of view of the victim, defendant’s offense involved the threatened use of a dangerous weapon. U.S. v. Sims, 952 F.2d 1014 (8th Cir. 1991).
8th Circuit enhances sentence for serious bodily injury despite defendant’s acquittal. (210) Defendant was charged in Count I with assault with a baseball bat and in Count II with assault resulting in serious bodily injury. He was found guilty of Count I and guilty of the lesser-included offense on Count II of assault by striking, beating or wounding. Defendant’s base offense level under guideline § 2A2.2(a) was 15, but the district court enhanced the offense level by four under guideline § 2A2.2(b)(3)(B) for inflicting serious bodily injury on the victim. The 8th Circuit upheld the enhancement despite defendant’s acquittal on that charge. Conduct which is the subject of an acquittal may be used to enhance a sentence under the guidelines. Here, the district court properly concluded that the jury’s determination under the statutory definition of serious bodily injury did not preclude a finding of serious bodily injury under the guidelines definition. Here, the guidelines’ definition of serious bodily injury was met: the victim’s skull fracture required hospitalization. U.S. v. Slow Bear, 943 F.2d 836 (8th Cir. 1991)
8th Circuit upholds use of aggravated assault guideline for ex-felon in possession of firearm. (210) Guideline § 2K2.1 ordinarily governs the crime of possession of a firearm by an ex-felon. However, § 2K2.1(c)(1) provides that if the defendant “used the firearm in committing or attempting, another offense,” the guideline for that offense should apply if it is higher. Here the defendant pulled a .357 magnum revolver from his car and struggled with store employees who suspected him of shoplifting. The gun discharged during the scuffle, and defendant shouted, “I will kill you you son of a bitch.” The 8th Circuit held that the trial court’s use of the aggravated assault guideline (§ 2A2.2) was not clearly erroneous. U.S. v. Shinners, 892 F.2d 742 (8th Cir. 1989).
8th Circuit affirms downward departure where victim provoked assault. (210) The government appealed from the sentencing judge’s downward departure from the sentencing guidelines in an assault case. The 8th Circuit affirmed the downward departure, ruling that the evidence at trial supported the trial court’s determination that the victim provoked the assault. Section 5K2.10 specifically authorizes a downward departure in such circumstances. U.S. v. Yellow Earrings, 891 F.2d 650 (8th Cir. 1989).
9th Circuit upholds life sentence for trying to topple Cambodian government. (210) Defendant, a former resident of Cambodia, was convicted of several offenses arising out of his effort to organize an armed uprising against the government of Cambodia. The presentence report calculated defendant’s offense level at 48, which at criminal history category I yields a life sentence, and the district court imposed a life sentence. The Ninth Circuit upheld that sentence against claims that the district court had failed to consider the political nature of the offense, the government’s failure to charge any other person involved in the uprising, and the government’s decision to bring the prosecution close to the end of the limitations period. The court also rejected defendant’s claim that the sentence was substantively unreasonable. U.S. v. Chhun, 744 F.3d 1110 (9th Cir. 2014).
9th Circuit reverses cross-reference for lack of malice in car accident deaths. (210) While driving an SUV loaded with illegal aliens, defendant tried to swerve around a spike strip. The sudden shift in weight caused the SUV to roll, killing 10 of the illegal aliens. After being convicted of transporting illegal aliens, defendant was sentenced to 10 life sentences. In defendant’s first appeal, the Ninth Circuit vacated the sentence, ruling that the district court erred in calculating defendant’s offense level by cross-referencing to the second-degree murder guideline without finding that defendant acted with “malice aforethought” or using a clear-and-convincing-evidence standard. U.S. v. Pineda-Doval, 614 F.3d 1019 (9th Cir. 2010). On remand, the district court again imposed 10 life sentences. The Ninth Circuit vacated the sentence, finding that the district court clearly erred in finding by clear and convincing evidence that defendant acted with malice aforethought. U.S. v. Pineda-Doval, 692 F.3d 942 (9th Cir. 2012).
9th Circuit holds that assault statute is not facially unconstitutional under Apprendi. (210) A federal statute, 18 U.S.C. § 111, makes it a federal crime to assault a federal officer. A defendant who violates § 111 is subject to an enhanced sentence if he used a deadly or dangerous weapon or inflicted bodily injury. At trial, the jury was instructed that it had to determine whether defendant used a dangerous weapon or inflicted bodily injury. Defendant argued, however, that § 111 was facially unconstitutional under Apprendi v. New Jersey, 530 U.S. 446 (2000), because Congress intended the facts that increase a defendant’s sentence to be sentencing factors decided by the court, not facts found by the jury. Judge Canby, joined by Judge Rawlinson, held that § 111 is not facially unconstitutional. Judge N.R. Smith dissented on other grounds. U.S. v. Vela, 624 F.3d 1148 (9th Cir. 2010).
9th Circuit requires clear and convincing proof to use murder guideline in immigration offense. (210) Defendant was convicted of transportation of illegal aliens resulting in death, in violation of 8 U.S.C. § 1324(a)(1). If the district court had used the guideline for that offense, 2L1.1, defendant would have had an offense level of 168 to 210 months. Section 2L1.1 provides, however, that if the death of an alien constituted murder as defined under federal law, the court should use the murder guideline. The district court followed the reference, used the murder guideline, and sentenced defendant to life imprisonment. The Ninth Circuit held that a court could not follow the cross-reference in § 2L1.1 unless it found that defendant acted with malice aforethought. It then held that because the finding of malice aforethought had a disproportionate impact on the sentence imposed, the district court was required to make that finding by clear and convincing evidence. U.S. v. Pineda-Doval, 614 F.3d 1019 (9th Cir. 2010).
9th Circuit finds use of murder guideline for fatal immigration offense requires malice aforethought. (210) Defendant was convicted of transportation of illegal aliens resulting in death, based on the death of 10 illegal aliens in an SUV that crashed while defendant was attempting to bring 20 illegal aliens to the U.S. The guideline for transportation of illegal aliens, § 2L1.1, requires use of the guideline for murder if any person was killed under circumstances that would constitute murder. At sentencing, the district court followed the cross-reference, found that defendant engaged in reckless driving, and used the guideline for second-degree murder, 2A1.2. Defendant argued that he did not act with malice aforethought, as required by the federal murder statute, and instead acted recklessly and that the court should therefore have used the illegal transportation guideline. The Ninth Circuit held that to use the cross-reference in § 2L1.1, the district court had to find that defendant had malice aforethought and that the court’s finding that defendant acted recklessly did not necessarily satisfy that requirement. The court of appeals remanded for resentencing. U.S. v. Pineda-Doval, 614 F.3d 1019 (9th Cir. 2010).
9th Circuit upholds official victim enhancement for assault on Border Patrol officer. (210) The Guideline for an offense involving an official victim, § 3A1.2, provides for a three-level increase in offense level if the offense was motivated by the defendant’s official status. Defendant assaulted a Border Patrol officer who tried to arrest him shortly after defendant illegally crossed the border into the U.S. Based on that conduct, he was convicted of assaulting a federal officer, in violation of 18 U.S.C. § 111. At sentencing, defendant argued that the official victim enhancement should not apply because the assault was motivated by his desire to escape, not the victim’s status. The district court rejected this argument, and the Ninth Circuit affirmed. The court held that defendant knew of the victim’s official status and his conduct was motivated by that knowledge. U.S. v. Rivera-Alonzo, 584 F.3d 829 (9th Cir. 2009).
9th Circuit says unlawful restraint is not an element of assault. (210) Defendant held the victim while a third man stabbed the victim. He was convicted of aiding and abetting an assault with a dangerous weapon, in violation of 18 U.S.C. § 113(a). At sentencing, the district court increased defendant’s offense level under § 3A1.3, which provides for a two-level enhancement if the victim was physically restrained during the offense. The commentary to that Guideline states that the adjustment should not be applied when unlawful restraint is an element of the underlying offense. The Ninth Circuit held that the district court properly applied the enhancement because defendant’s restraint of the victim “added to the basic crime.” U.S. v. Old Chief, 571 F.3d 898 (9th Cir. 2009).
9th Circuit upholds enhancement for using dangerous weapon in assault. (210) The Guideline for assault, § 2A2.2, provides for a four-level increase in offense level if a dangerous weapon was used. Defendant participated in an assault by restraining the victim while defendant’s accomplice stabbed him. Prior to the assault, defendant’s accomplice had flashed his knife, and the accomplice had held the knife in his hand while he and defendant chased the victim. Defendant was convicted of aiding and abetting an assault with a dangerous weapon. At sentencing, the district court relied on § 2A2.2 to increase defendant’s offense level. The Ninth Circuit held that the district court properly applied the enhancement because it was reasonably foreseeable that defendant’s accomplice would use the knife. U.S. v. Old Chief, 571 F.3d 898 (9th Cir. 2009).
9th Circuit finds 32 months reasonable for involuntary manslaughter. (210) During a domestic dispute, defendant’s boyfriend drunkenly assaulted her. In response, defendant grabbed a knife, swung it at her boyfriend, and stabbed him. The knife severed an artery, and the boyfriend died. Defendant was charged with voluntary manslaughter, but the jury convicted her of the lesser-included offense of involuntary manslaughter. Defendant’s Guideline range was 27 to 33 months, and the district court imposed a 32-month sentence. The Ninth Circuit found the sentence reasonable, rejecting defendant’s claims that the district court ignored evidence of the victim’s behavior and that the sentence was unreasonably long. U.S. v. Crowe, 563 F.3d 969 (9th Cir. 2009).
9th Circuit rules minimum sentence for racketeering murder is life. (210) The Violence in Aid of Racketeering statute, 18 U.S.C. § 1959, provides that whoever commits murder in aid of racketeering “shall be punished by death or life imprisonment, or a fine under this title, or both.” Defendant argued that § 1959 allowed the court to impose a sentence of only a fine. The Ninth Circuit held that the minimum sentence for a violation of § 1959 involving a murder was life imprisonment. U.S. v. Rollness, 561 F.3d 996 (9th Cir. 2009).
9th Circuit affirms 36-year sentence for double murder. (210) Defendant was convicted under 18 U.S.C. § 2280 of murdering the captain and first mate of the ship on which he was a crew member while the vessel was on the high seas. The district court imposed a sentence of 36 years. In imposing sentence, the court noted that defendant had no prior criminal record but that defendant’s offense had put the lives of the entire crew of the ship at risk. The Ninth Circuit held that the sentence was not unreasonable. U.S. v. Shi, 525 F.3d 709 (9th Cir. 2008).
9th Circuit upholds upward departure for manslaughter by drunk big rig driver. (210) While driving an 80,000-pound tractor trailer and with a blood-alcohol content twice the legal limit, defendant ignored multiple attempts to pull him over and ran 20 cars off the road before finally crushing a passenger car and killing its driver. Defendant pleaded guilty to involuntary manslaughter. The guideline for that offense, § 2A1.4(a), sets the offense level at 10 for criminally negligent conduct and 14 for reckless conduct; it also provides that driving under the influence should be treated as reckless. The district court set defendant’s offense level at 14, then departed upward four levels because defendant’s conduct showed an extremely reckless disregard for life. The Ninth Circuit upheld the departure, finding that although the guideline accounted for reckless driving while intoxicated, it did not take into account defendant’s driving a loaded truck while drunk. U.S. v. Semsak, 336 F.3d 1123 (9th Cir. 2003).
9th Circuit affirms increase for “serious bodily injury” based on crime of conviction. (210) The Ninth Circuit held that defendant’s conviction established that the assault resulted in serious bodily injury for purposes of guideline § 2A2.2(b)(3)(B) because defendant had pleaded guilty to assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 1153 and 113(a)(6). Although the parties and the district court had “considered at length” whether the assault actually fit within the definition of “serious bodily injury” as that term was defined in defendant’s crime of conviction and in the guidelines, the panel said that “such extended consideration was unnecessary,” because “[t]he sentencing factor of serious bodily injury was established by [defendant’s] conviction.” That was sufficient for the court to impose the four-level upward adjustment. U.S. v. Upshaw, 226 F.3d 1101 (9th Cir. 2000).
9th Circuit affirms seven-level upward departure for murdering wife on honeymoon. (210) On the final night of their honeymoon aboard a cruise ship, defendant beat and choked his wife until she lost consciousness and then threw her from the ship’s upper deck into the ocean, where she drowned without regaining consciousness. The sentence was twice vacated and remanded for a more complete explanation and justification for an upward departure. In this third appeal, the Ninth Circuit noted that the Supreme Court had changed standard of review in Koon v. U.S., 518 U.S. 81, 99 (1996), so the sentence could be reviewed only for abuse of discretion. Applying that standard, the court affirmed a seven-level upward departure to 405 months, in this second-degree murder case. The district court properly relied on § 5K2.8 – extreme conduct – in finding that the facts of this case were unusually cruel or brutal, as compared to other second-degree murder cases. The judge observed that he had never seen a case in which a honeymoon ended in such a chilling and heartless manner. U.S. v. Roston, 168 F.3d 377 (9th Cir. 1999).
9th Circuit uses “categorical approach” to find maximum sentence for soliciting murder for hire. (210) Defendant was convicted of solicitation of murder for hire, in violation of 18 U.S.C. § 373. The underlying felony – murder for hire – provides a sliding scale of punishment that depends on the outcome of the intended crime. 18 U.S.C. § 1958. If no injury occurs, there is a ten-year maximum. If personal injury results, the maximum is 20 years, and if death results, the maximum is death or life imprisonment. Defendant argued that since the victim was unharmed, the maximum sentence under § 1958 was ten years, and thus the maximum for solicitation under § 373 was five years. The 9th Circuit rejected this argument, noting that § 373 takes as its reference point “the crime solicited,” and imposes a maximum sentence of 20 years if “the crime solicited” is punishable by life imprisonment or death. This “categorical approach” is consistent with the structure of the statute, and with the legislative history. U.S. v. Devorkin, 159 F.3d 465 (9th Cir. 1998).
9th Circuit reverses upward departure for multiple counts. (210) Defendant wrecked two vehicles shortly after stealing them. As he was driving off with a third automobile, he struck and killed a person before rolling the stolen car. He was convicted of manslaughter and theft. The offense level for the manslaughter was 14, and under the grouping rules in § 3D1.4, one additional level was added to account for the theft. The district court departed upward by two levels on the ground that defendant’s additional conduct in stealing the cars “should result in a higher offense level.” The Ninth Circuit reversed, concluding that “involuntary manslaughter predominates in seriousness over the theft and destruction of three relatively inexpensive cars, and even if the district court thought otherwise, that is not a sufficient reason to depart.” The additional punishment for additional crimes is already taken into account by § 3D1.4. Under U.S. v. Luscier, 983 F.2d 1507, 1513 (9th Cir. 1993), the correct course is a sentence in the upper regions of the guidelines range rather than a departure. U.S. v. G.L., 143 F.3d 1249 (9th Cir. 1998).
9th Circuit applies attempted murder cross-reference in felon-in-possession case. (210) Defendant helped a prisoner escape by shooting a deputy in the face, and then taking the deputy’s gun. He did not shoot the deputy’s gun, but “used it for a back up.” He was arrested in possession of the deputy’s gun, (the other gun was never found), and was convicted of being a felon in possession of a firearm under 18 U.S.C. § 922(g). At sentencing, the court applied the cross-reference in § 5K2.1(c)(1), and sentenced defendant under the attempted murder guideline, § 2A2.1. On appeal, defendant challenged the use of the cross-reference because he did not “use” the deputy’s gun in the attempted murder of the deputy. The Ninth Circuit rejected this argument, holding that the deputy’s gun enabled him “to complete the commission of the attempted murder by having a loaded gun in his hands as he made his escape from the scene of the crime.” The court added that the government need not show that the gun traveled in interstate commerce in order to use it to enhance a sentence. U.S. v. Gallant, 136 F.3d 1246 (9th Cir. 1998).
9th Circuit finds most analogous offense was manslaughter for prisoner transferred from Mexico. (210) Defendant, a U.S. citizen, was convicted in Mexico of “homicidio simple.” She was transferred to the United States to complete her sentence pursuant to the Treaty on the Execution of Penal Sentences, Nov. 25, 1976, U.S.-Mex., 20 U.S.T. 7399. Under the law, the U.S. Parole Commission was required to compute a guideline sentence for her. The Commission found that the most analogous U.S. crime was second degree murder and sentenced her accordingly. On appeal, however, the Ninth Circuit held that the facts did not show that she acted with malice and therefore the comparable U.S. offense was voluntary manslaughter. The Parole Commission found that defendant was in an extremely irrational and paranoid state of mind when she killed the victim. Malice cannot exist in such circumstances. Kleeman v. U.S. Parole Commission, 125 F.3d 725 (9th Cir. 1997).
9th Circuit says aggravated assault guideline does not require “intent” to commit serious bodily injury. (210) On its face guideline § 2A2.2 requires only that the assault “involve” serious bodily injury. Notably, assault on a federal officer in violation of 18 U.S.C. § 111, is only a general intent crime. The law presumes that a person intends the natural and probable consequences of his voluntary acts, so holding defendant accountable for the serious bodily injury the Border Patrol Agent suffered as a consequence of defendant’s assault did not turn § 111 into a strict liability offense. The officer broke his ankle while trying to subdue the defendant after the defendant lunged at him. Section 2A2.2 applies “even where there is no finding that a defendant had the specific intent to cause serious bodily injury.” U.S. v. Garcia-Camacho, 122 F.3d 1265 (9th Cir. 1997).
9th Circuit does not decide level of causation required for assault to “involve” serious bodily injury. (210) The Ninth Circuit said that appellant made a “valid point” that there “may be circumstances where an injury is so attenuated that a defendant should not be held accountable.” For example, if the Border Patrol agent in this case had tripped and twisted his ankle while walking a handcuffed and subdued appellant back to the patrol car, “then perhaps appellant should not be held accountable for that injury.” However, the court found it unnecessary to decide what level of causation is required because in this case, the agent was engaged in a struggle with the appellant at the time the agent broke his ankle. The injury was a direct result of the struggle with the defendant. Defendant’s argument that it was merely a “job hazard,” was unavailing. U.S. v. Garcia-Camacho, 122 F.3d 1265 (9th Cir. 1997).
9th Circuit finds threat to use weapon even though no weapon was present. (210) Section 2A2.2(b)(2)(C) provides for a three-level increase when a dangerous weapon “was brandished or its use was threatened.” In this case, the defendant told the victim he had a gun in the trunk of his car, and said he was going to kill her with it. In fact, there was no gun in the trunk. Nevertheless, the Ninth Circuit upheld the increase for threatened use of a dangerous weapon. The court found support in U.S. v. Sims, 952 F.2d 1014 (8th Cir. 1991), which upheld and enhancement where defendant gave a gun to an informant to kill the victim. The Eighth Circuit held that defendant’s conduct threatened the victim, even though the defendant never made any direct threats to the victim. U.S. v. Chee, 110 F.3d 1489 (9th Cir. 1997).
9th Circuit upholds enhancement based on defendant’s intent to kill. (210) Defendant was convicted of causing another person to mail a destructive device to be delivered with intent to kill or injure in violation of 18 U.S.C. § 1716. The district court found that defendant intended to murder the victim, and therefore increased his base offense level to 28 under guideline § 2A2.1. The evidence showed that defendant was angry at a Nevada state trooper who had arrested him for a traffic violation. Over a period of years, defendant stalked the officer at three different residences. He then made three prototypes of a destructive device based on an article in the “Anarchist’s Cookbook.” An explosives expert testified that the bomb was sufficient to kill the person who opened it and that staples, screws and nails were added to enhance fragmentation to cause severe pain and death. This evidence was sufficient to demonstrate that defendant had the intent to murder. U.S. v. Collins, 109 F.3d 1413 (9th Cir. 1997).
9th Circuit permits departure for intent to maximize victim’s pain and injuries. (210) Guideline § 2A2.1(b)(1)(A) provides for an increase of four levels for a permanent or life threatening injury, but the court departed upward eight offense levels because an explosives expert testified that staples, screws and nails were added to the explosive device to enhance fragmentation in order to cause severe pain and death. The bomb was intended to kill a Nevada state trooper who had arrested defendant earlier. Based on this evidence, the Ninth Circuit upheld the departure, ruling that the guideline “does not address the appropriate punishment for someone who acts with the deliberate intent to maximize his victim’s pain and injuries.” U.S. v. Collins, 109 F.3d 1413 (9th Cir. 1997).
9th Circuit says Appendix A is not mandatory; court should have used guideline for impeding federal officer. (210) Defendant argued that the court should have used guideline § 2A2.4, which deals with obstructing or impeding federal officers, rather than relying on the statutory index to the guidelines which referred to the obstruction section, 2J1.2. The Ninth Circuit agreed, holding that the guidelines cross-referenced in the statutory index are not mandatory. Appendix A says that “if in an atypical case the guideline section indicated for the statute of conviction is inappropriate because of the particular conduct involved [the court should] use the guideline section most applicable to the nature of the offense conduct charged in the count of which the defendant was convicted.” The Ninth Circuit held that defendant’s conduct was more analogous to impeding a federal officer than to obstructing justice, and therefore remanded the case for resentencing under § 2A2.4. U.S. v. Fulbright, 105 F.3d 443 (9th Cir. 1997), overruled on other grounds by U.S. v. Heredia, 483 F.3d 913 (9th Cir. 2007).
9th Circuit upholds refusal to find serious bodily injury in Rodney King case. (210) In sentencing the police officers for violating Rodney King’s civil rights, the district court imposed a two level upward adjustment for bodily injury rather than a four level adjustment for serious bodily injury under § 2A2.2(b)(3). On appeal, the government argued that a four level adjustment was warranted by the blow administered forty-three seconds into the video tape, which fractured King’s leg. The district court acknowledged that this blow caused serious bodily injury, but found that the officer was not acting criminally when he delivered it, because the force did not become excessive until later during the incident. The 9th Circuit found no clear error, noting that the district court provided a reason to distinguish between the officers’ intent at the time of the leg-breaking blow and their intent during the nineteen seconds of the video tape in which the court concluded that criminal activity occurred. Those latter nineteen seconds were preceded by a period in which King lay on his stomach, and posed no threat. U.S. v. Koon, 34 F.3d 1416 (9th Cir. 1994), dissent from denial of reh. en banc, 45 F.3d 1303 (9th Cir. 1995), reversed on other grounds, Koon v. U.S., 518 U.S. 81, 116 S.Ct. 2035 (1996).
9th Circuit upholds credibility finding that “money was exchanged.” (210) Defendant was convicted of conspiracy and murder for hire. At sentencing the district court found that “money was exchanged to carry out the crime,” and added four levels pursuant to §2A2.1(b)(2). On appeal, defendant argued that this finding should not stand because it was based on his codefendant’s testimony which was disputed, and the payment of the money was only a “miniscule part of the conspiracy charged.” The 9th Circuit upheld the district court’s determination noting that “credibility determinations should not be disturbed on appeal.” U.S. v. Dota, 33 F.3d 1179 (9th Cir. 1994).
9th Circuit reverses adjustment for using car as dangerous weapon where no intent to injure. (210) Defendant was convicted of involuntary manslaughter and aggravated assault as a result of his drunk driving. The district court departed upward under § 2A2.2(b)(2)(B) on the ground that defendant used a “dangerous weapon,” i.e. his automobile, in the commission of the offense. The 9th Circuit reversed, holding that “when a motor vehicle is involved in an aggravated assault, a district court may not add four levels pursuant to U.S.S.G. §2A2.2(b)(2)(B) unless the defendant used the vehicle with an intent to injure with it.” Here, the district court found only that defendant’s conduct was reckless, not intentional. U.S. v. Dayea, 32 F.3d 1377 (9th Cir. 1994).
9th Circuit upholds enhancement for inflicting “life-threatening injury.” (210) Defendant kicked and stabbed his wife, and then, as she bled profusely, tried to prevent her from obtaining medical treatment. Viewed in conjunction with defendant’s threat to kill his wife, it was proper for the district court to find that the defendant had inflicted a “life-threatening injury,” justifying a four-level enhancement under § 2A2.1(b)(1)(B). U.S. v. Hinton, 31 F.3d 817 (9th Cir. 1994).
9th Circuit upholds departure for extreme conduct on dead victim but remands as to extent of departure. (210) Defendant was convicted of voluntary manslaughter in the death of his 2 year old daughter. The district court departed upward from a range of 70-87 months to a sentence of 108 months based on defendant’s post homicide conduct of burning the child’s body and cutting off her head to hinder identification. The Ninth Circuit upheld the departure under either § 5K2.8 (extreme conduct) or § 5K2.0 finding no evidence the Sentencing Commission considered the extreme acts committed by defendant. Nothing indicates § 5K2.8 is limited to conduct involving a live victim and even if it were, the general departure language of § 5K2.0 would permit departure. However, remand was required for the district court to adequately explain the extent of the departure. U.S. v. Quintero, 21 F.3d 885 (9th Cir. 1994).
9th Circuit upholds two level increase for serious injuries in assault case. (210) Based on the jury verdict for obstructing an officer, the court arrived at an offense level of six under § 2A2.4(a). The court then added three offense levels for striking, beating or wounding, for an offense level of 9. This was increased by two levels because there were two victims, and by an additional level to level 12 because defendant was a career offender under § 4B1.1. The district court then increased defendant’s offense level by two levels to level 14 because one of the wounds inflicted by him had taken nine months to heal. On appeal, the 9th Circuit affirmed, finding no abuse of discretion in the two level increase for the serious injuries suffered by both victims. U.S. v. Streit, 17 F.3d 306 (9th Cir. 1994).
9th Circuit upholds departure for profit motive and more than minimal planning. (210) Defendant had a profit motive for hiring a “hit man” to kill his wife because he would receive the proceeds of a life insurance policy. The offense also involved more than minimal planning. Accordingly, the 9th Circuit upheld a departure was proper based on both grounds. The extent of the departure was reasonable on either ground. U.S. v. Fontenot, 14 F.3d 1364 (9th Cir. 1994).
9th Circuit finds aggravated assault guideline proper and fractured elbow was “serious injury.” (210) Defendant was a police officer convicted of various federal civil rights violations in which he fractured the elbow of one victim. The fractured elbow resulted in the victim wearing a sling and being unable to write. The 9th Circuit found that the was a “serious” injury as defined in §1B1.1. The aggravated assault guideline was also properly applied. The district court’s comment on defendant’s prior history of violence played only a negligible role in the court’s determination of the proper guideline. U.S. v. Reese, 2 F.3d 870 (9th Cir. 1993).
9th Circuit permits application of aggravated assault offense level and offense characteristics in civil rights case. (210) In applying the guideline for deprivation of civil rights, §2H1.4 (1989), the district court used the assault guideline, §2A2.2, for several of the underlying excessive force counts. It also increased the base offense level under §2A2.2 for use of a dangerous weapon and serious bodily injury. The 9th Circuit held it was proper to double count the aggravated assault by using the assault guideline and also by increasing the offense level, because this was required by the guidelines. Some aggravated assaults do not involve either the use of a dangerous weapon or serious bodily injury. Double counting is permitted when either or both of the factors are used to increase the base offense level for this guideline. U.S. v. Reese, 2 F.3d 870 (9th Cir. 1993).
9th Circuit finds that defendant used or possessed firearm in connection with assault. (210) Guideline section 2K2.1(b)(5) provides for an increase of four levels if “the defendant used or possessed any firearm or ammunition in connection with another felony offense.” The defendant argued that the increase could not be applied unless the firearm was used as a firearm and not as a club. The 9th Circuit rejected the argument, noting that the guidelines explicitly refer not only to use of the firearm but to possession of it. Moreover, there was sufficient evidence that defendant assaulted the victim by holding the victim by the hair while he held the sawed off shotgun in the other hand. Regardless of whether the defendant pointed the gun at the victim, this was sufficient to put the victim in fear of bodily injury, thus committing the crime of assault. U.S. v. Shackley, 995 F.2d 166 (9th Cir. 1993).
9th Circuit rejects departure for “intended death” in second-degree murder case. (210) Defendant was convicted of second-degree murder. The district court recognized that it would be improper to depart under section 5K2.1 because the guideline for second-degree murder already considered the fact that death resulted. Instead, the court focused on the last sentence of section 5K2.1 which allows departure “if death was intended.” The 9th Circuit held this was error, because a conviction of second-degree murder requires the jury to find that the defendant killed with malice, i.e. intentionally. “Accordingly, the fact that [defendant] killed his wife, standing alone, could not be used to depart upward.” U.S. v. Roston, 986 F.2d 1287 (9th Cir. 1993).
9th Circuit rules that assault with a dangerous weapon is not an “aggravated assault.” (210) The commentary accompanying section 2A2.2 says that aggravated assault means an assault involving (a) a dangerous weapon with intent to do bodily harm, (b) serious bodily injury, or (c) an intent to commit another felony. Aggravated assaults are assigned a base offense level of 15, whereas the base level for a minor assault with a dangerous weapon is only 6. Here defendant pleaded guilty to two counts of assault with a dangerous weapon and was sentenced for aggravated assault under 2A2.2. The 9th Circuit reversed, holding that the fact that defendant “committed the assaults with a dangerous weapon is not, in itself, justification for classifying them as aggravated.” The district court should have applied the base offense level for a minor assault with a dangerous weapon, as provided in section 2A2.3(a)(1). U.S. v. Luscier, 983 F.2d 1507 (9th Cir. 1993).
9th Circuit requires mandatory life sentence for first degree murder. (210) 18 U.S.C. section 1111(b) directs that a defendant convicted of first degree murder “shall . . . be sentenced to imprisonment for life . . . .” The 9th Circuit found that this language required a defendant convicted of first degree murder to be sentenced to life in prison. The statute “leaves the sentencing court no discretion to impose a lesser sentence.” Thus the court held that section 1111(b) “is a minimum sentence within the meaning of section 5G1.1.” The court found no inconsistency between its ruling and 18 U.S.C. 3559, which defines first degree murder as Class A felony, nor section 3581 which states that the authorized terms of imprisonment for a Class A felony are “the duration of the defendant’s life or any period of time.” The court agreed with the 2nd and 3rd Circuits that section 3581 “is simply not intended to modify established statutory sentences.” Judge Norris dissented. U.S. v. U.S. v. LaFleur, 971 F.2d 200 (9th Cir. 1991).
9th Circuit reverses departure for extreme psychological injury to the victim’s family. (210) In departing upward the district court cited the “extreme psychological injury” to the victim’s family, relying on guideline § 5K2.3. The 9th Circuit reversed, noting that the term “victim” in the applicable guidelines § 2A2.2(b) “includes only the direct victim of the crime charged and not others affected by it.” The court noted that if § 5K2.3 applies to those affected by crimes such as the victim’s family, “then the justice system would punish the murderer of the head of a household more harshly than the murderer of a transient.” U.S. v. Hoyungowa, 930 F.2d 744 (9th Cir. 1991).
9th Circuit reverses departure where firearm discharge was already taken into account by assault guideline. (210) The district court justified a portion of the upward departure on the ground that a firearm had been discharged during the commission of the assault with a deadly weapon. The 9th Circuit reversed, holding that the court overlooked the fact that the computed adjusted offense level on this count had taken the firearm discharge into account, increasing the offense level by five. U.S. v. Brady, 928 F.2d 844 (9th Cir. 1991), abrogated on other grounds by U.S. v. Watts, 519 U.S. 148 (1994).
9th Circuit finds that car was a dangerous weapon. (210) Defendant was convicted of assaulting a border patrol officer with his automobile. He claimed that his car was not a dangerous weapon under guideline § 2A2.2(b)(2)(B). The 9th Circuit rejected his argument as “frivolous” because the guidelines define a dangerous weapon as “an instrument capable of inflicting death or serious bodily injury.” The court also found no merit to defendant’s argument that he merely “brandished” his car. U.S. v. Sanchez, 914 F.2d 1355 (9th Cir. 1990).
9th Circuit applies assault guideline, rather than obstruction guideline, where appellant rammed agent’s car. (210) Appellant was convicted of assault on a federal officer after he rammed a border patrol vehicle with his car. The district court applied the “aggravated assault” guideline, § 2A2.2. The appellant argued that the court should have applied § 2A2.4, “obstructing or impeding officers.” The 9th Circuit characterized the appellant’s attempt “to recharacterize his actions” as “disingenuous,” because at trial defendant’s counsel agreed to eliminate instructions defining resisting, opposing, or impeding arrest. The district court properly applied the aggravated assault guideline. U.S. v. Sanchez, 914 F.2d 1355 (9th Cir. 1990).
9th Circuit limits bodily-injury adjustment to victim of charged assault. (210) Defendant pled guilty to assaulting agent Love with a handgun. The sentencing judge increased defendant’s offense level under § 2A2.2(b)(3) by two levels because defendant caused bodily injury to agent Purdy by colliding with his car while fleeing the assault on agent Love. The 9th Circuit held the adjustment improper because § 2A2.2(b)(3) calls for an adjustment in the case of injury to “the victim.” The court concluded that the section applied only when injury occurs to the victim of the assault charge on which the defendant has been convicted. While noting that § 1B1.3 authorizes considering all acts committed by a defendant during or while attempting to escape from the offense of conviction, the court concluded that this provision was overridden by the more specific language of § 2A2.2(b)(3). U.S. v. Graves, 908 F.2d 528 (9th Cir. 1990).
9th Circuit affirms 36-year sentence for double murder. (210) Defendant was convicted under 18 U.S.C. § 2280 of murdering the captain and first mate of the ship on which he was a crew member while the vessel was on the high seas. The district court imposed a sentence of 36 years. In imposing sentence, the court noted that defendant had no prior criminal record but that defendant’s offense had put the lives of the entire crew of the ship at risk. The Ninth Circuit held that the sentence was not unreasonable. U.S. v. Shi, __ F.3d __ (9th Cir. April 24, 2008) No. 06-10389.
10th Circuit upholds use of voluntary manslaughter guideline even though no evidence that defendant fired fatal shot. (210) Based on his participation in a gun fight that left one participant dead, defendant pled guilty to being a felon in possession of a firearm. 18 U.S.C. §922(g)(1). If death resulted from the offense, and it would result in a higher offense level, §2K2.1 directs a court to apply the most analogous offense guideline from the homicide guidelines. The district court found that the voluntary manslaughter guideline was the most analogous, and applied §2A1.3. Defendant contended that there was no evidence that he fired the fatal bullet. The Tenth Circuit affirmed. First, the panel doubted that proof that defendant fired the fatal shot was necessary. Criminal liability for homicide does not turn on proof that the defendant was the actual instrument of the death. Defendant precipitated the gun battle that led to the victim’s death and he had the requisite intent for voluntary manslaughter. It was only fortuitous if his shot was not the one that killed the victim. U.S. v. Cherry, 572 F.3d 829 (10th Cir. 2009).
10th Circuit finds assault by co-conspirators was relevant conduct. (210) Members of a white separatist organization were convicted of charges stemming from two racially-motivated assaults in Salt Lake City. Two defendants who participated in the first assault, but not the second, challenged the district court’s finding that the second assault was relevant conduct, but the Tenth Circuit affirmed. Defendants were convicted of conspiracy to interfere with civil rights from December 2002 to March 2003. This established that defendants had an agreement to harm “non-white” persons. An assault against a “non-white” individual by co-conspirators is related to the conspiracy to injure and intimidate “non-whites.” Moreover, the second assault followed the same pattern as the first assault: in both instances, members of the conspiracy encountered a non–white person in a public place, lured the victim outside and then jointly assaulted him. Furthermore, defendants were in the company of the assailants earlier in the evening on the night of the second assault, and when the assailants told defendants what happened the following morning, one defendant responded “good job,” and the other laughed. U.S. v. Egbert, 562 F.3d 1092 (10th Cir. 2009).
10th Circuit rejects serious bodily injury enhancement where no evidence of “protracted” impairment. (210) The district court applied a seven-level enhancement for serious bodily injury to an assault victim. However, the only evidence regarding the extent of the victim’s injuries was the testimony of two witnesses. A co-conspirator testified that when the fight stopped, the victim was not moving and the conspirator believed him to be “knocked out.” A bystander testified that when the fight ended, the victim was unconscious and bleeding from his head. She believed him to be seriously hurt or dead. A second bystander reported similar observations. The Tenth Circuit found insufficient evidence to uphold the district court’s finding that the victim suffered serious bodily injury, as opposed to bodily injury. The evidence did not establish a “protracted impairment of a function of a bodily member, organ, or mental facility.” Even if the witnesses were correct that the victim lost consciousness, there was no evidence whether the injury was “protracted,” and a brief loss of consciousness without more does not satisfy the definition of serious bodily injury. U.S. v. Egbert, 562 F.3d 1092 (10th Cir. 2009).
10th Circuit upholds grouping of multiple counts of assault and rape. (210) Defendant was convicted of two counts of rape and two counts of assault for brutally attacking his girlfriend. The district court grouped the charges together as one transaction. Defendant argued that the court should not have grouped the counts together, and that once the charges were not grouped, the 4-level enhancement for serious bodily injury (under § 2A3.1(b)(1)) would apply only to the assaults and not to the rapes. The Tenth Circuit ruled that it was proper to group the charges together. The Guidelines require grouping when counts involve the same victim and either the same act or transaction or two or more acts or transactions connected by a common criminal objective. All four charges were sufficiently connected. The beatings and rapes happened over the course of a few hours with little break, as part of one prolonged brutal attack. Moreover, it was also proper to apply the bodily-injury increase to the rapes, for reasons unrelated to the grouping. Section 2A3.1(b)(4)(A) provides for a specific offense enhancement when “the victim sustain[s] permanent or life-threatening bodily injury.” Defendant’s crime was using force to procure sex, so this enhancement includes injuries sustained because the rapist was beating the victim into submission. U.S. v. Martin, 528 F.3d 746 (10th Cir. 2008).
10th Circuit finds injury was “life-threatening” where victim could have bled to death. (210) Defendant pled guilty to assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 113(a)(6) and 1153. The ER doctor stated that the arterial laceration to the back of the victim’s head posed a substantial risk of death at the time of the injury because of the amount of blood loss, and that if unchecked, the victim would have bled to death. The Tenth Circuit affirmed a seven-level enhancement for causing a life-threatening injury. Defendant argued for a five-level increase for “serious” bodily injury, because he pled guilty to causing a serious bodily injury, not a life-threatening injury. The Tenth Circuit found no error, finding defendant confused the statute with the Guidelines. For purposes of § 113(a)(6), serious bodily injury is defined to include injury involving a substantial risk of death or extreme physical pain. However, under Guideline § 2A2.2(b)(3), “serious bodily injury” includes injury involving extreme physical pain, while “permanent or life-threatening bodily injury” includes injury involving a substantial risk of death. See § 1B1.1, Note 1(J). The doctor’s undisputed statement, that the victim would have died if the bleeding had not been stopped, supported the seven-level enhancement for a life-threatening injury. U.S. v. Tindall, 519 F.3d 1057 (10th Cir. 2008).
10th Circuit approves two-level upward departure for excessive recklessness in drunk driving case. (210) While driving drunk, defendant collided with a van, killing one woman and injuring her husband and two children. Defendant was convicted of involuntary manslaughter and several assault counts. The district court departed upward two offense levels based on defendant’s excessive recklessness, and the Tenth Circuit affirmed. The typical assault case covered by § 2A2.2 involves a single victim. It does not take into consideration the risks posed to third parties by a defendant’s assault. Here, defendant’s blood alcohol level was three times the legal limit, and he crossed a highway against traffic. The court found that this showed “severe” disregard for human life, especially in light of defendant’s history of alcohol abuse resulting in the death of at least one other person. Defendant was on notice of his propensity to drink and the dangerousness of such conduct. U.S. v. Pettigrew, 468 F.3d 626 (10th Cir. 2006).
10th Circuit holds that work boots used to kick restrained inmate was dangerous weapon. (210) Defendants, all former correctional officers, were convicted of offenses related to an assault on an inmate. The court found that the defendants subjected the inmate to an aggravated assault, defined as a felonious assault involving a dangerous weapon (i.e. one defendant’s uniform boots) with intent to do harm. The Tenth Circuit held that the work boots were properly characterized as a dangerous weapon. There was no question that one defendant, surrounded by other correctional officers, repeatedly used his boots with sufficient force to cause the victim, who was on the ground at the time, head injuries. In order to characterize the boots as dangerous weapons, the district court was not required to find that the boots would cause more serious injury than any other type of normal footwear. In proper circumstances, almost anything can count as a dangerous weapon. U.S. v. Serrata, 425 F.3d 886 (10th Cir. 2005).
10th Circuit holds kicking car door into officer was an aggravated assault. (210) After defendant was in handcuffs, a military police officer arrived to identify him, standing one or two feet away from the partially open passenger door of the patrol car. Defendant became enraged, and violently kicked the door into the lower half of the officer’s body, striking his kneecaps, upper legs and waist. The district court found that defendant used the door as a dangerous weapon and therefore sentenced defendant under the aggravated assault guideline, § 2A2.2. On appeal, defendant argued that he should have been sentenced under § 2A2.4 which covers “Obstructing or Impeding Officers.” The Tenth Circuit affirmed the use of the aggravated assault guideline, even though recognizing some overlap in the two guidelines. The court held that the car door was a dangerous weapon and that defendant undoubtedly used it is an “instrument” to physically assault the officer. U.S. v. Sherwin, 271 F.3d 1231 (10th Cir. 2001).
10th Circuit bars departure from second-degree murder guideline on grounds of premeditation and robbery. (210) After defendant pled guilty to second-degree murder, the government moved for an upward departure on the grounds that (1) the murder was premeditated; (2) the murder was committed in order to facilitate a robbery, and (3) defendant’s conduct was unusually heinous, cruel and brutal. The district court ruled that it could not depart on these grounds. The Tenth Circuit agreed that an upward departure from the second-degree murder guideline on the grounds that the murder was premeditated would be improper. In U.S. v. Kelly, 1 F.3d 1137 (10th Cir. 1993), the court rejected a similar departure, reasoning that the question of premeditation had already been considered by the guidelines in setting the different offense levels for first-degree and second-degree murder. Moreover, although Kelly does not specifically address robbery as a departure factor, its holding also applies to robbery. However, the district court erred in ruling that it could not depart under § 5K2.8 because the victim was no longer alive at the time defendant committed the extreme conduct. In order to be heinous, cruel or brutal, the defendant’s conduct need not be consciously experienced by the murder victim. U.S. v. Hanson, 264 F.3d 988 (10th Cir. 2001).
10th Circuit holds that defendant used force in raping 10-year old daughter. (210) Defendant raped his 10-year old daughter. He challenged a § 2A3.1(b)(1) use of force increase, contending that the victim never physically struggled or tried to push him away and escape the contact. However, “force may be inferred by such facts as disparity in size between victim and assailant, or disparity in coercive power, such as that between an adult and a child.” U.S. v. Reyes Pena, 216 F.3d 1204 (10th Cir. 2000). The Tenth Circuit found that the facts amply supported the use of force increase. Defendant weighed 290 pounds and his daughter was an average size 10-year-old girl. As her natural father, defendant had obvious authority over the girl. On the night of offense, the victim attempted to evade her father by asking her sister to sleep on the same couch with her. Moreover, during the two-year history of abuse, defendant threatened his daughter with removal from her home, threatened her with spanking, spanked her with a belt, spanked her with a wire, and spanked her with pliers. The victim cried out from pain on several occasions when her father penetrated her, and told him he was hurting her when he raped her. Physically transporting his daughter from the zone of safety she attempted to create on the couch with her sister, when combined with the history of abuse and threats, was sufficient force to support the enhancement. U.S. v. Willie, 253 F.3d 1215 (10th Cir. 2001).
10th Circuit says force increase and enhancement based on age of rape victim not double counting. (210) Defendant raped his ten-year old daughter. He argued that a § 2A3.1(b)(1) increase for the use of force constituted double counting since he also received an increase under § 2A3.1(b)(2)(A) because his victim was under the age of 12. He argued that because “a child never consensually participates in a sexual act with an adult,” there is implicit force whenever an adult and a child engage in sexual activity. The Tenth Circuit found no double counting problem. In U.S. v. Reyes Pena, 216 F.3d 1204 (10th Cir. 2000), the court found that not all child sexual abuse involved actual physical force and that some cases involve factually consensual sexual activity. The force enhancement is appropriate only where there is a lack of factual consent. The age enhancement, on the other hand, is always appropriate when the victim is under 12 years old, because no child can give legal consent to a sexual act. U.S. v. Willie, 253 F.3d 1215 (10th Cir. 2001).
10th Circuit affirms departure where defendant could foresee proceeds being used for bombing conspiracy. (210) Defendant was aware that McVeigh and Nichols planned to bomb the Murrah Federal Building in Oklahoma City. Although he refused to participate and was not charged as a co-conspirator, defendant did sell some firearms Nichols had stolen from a gun collector and gave McVeigh $2000 of the proceeds. Section 2K2.1(c)(1) states that if a defendant used or possessed a firearm in connection with another crime that resulted in death, the court must apply the most analogous homicide guideline. The district court applied § 2A1.1, the first-degree murder guideline. On appeal, the Tenth Circuit held that the involuntary manslaughter guideline was most analogous. See U.S. v. Fortier, 180 F.3d 1217 (10th Cir. 1999). On remand, the district court imposed the same sentence by departing upward under § 5K2.1 (multiple deaths), § 5K2.2 (significant physical injury), § 5K2.3 (extreme psychological injury), § 5K2.5 (property damage), § 5K2.7 (disruption of a government function), and § 5K2.14 (endangerment of public health and safety). After rejecting defendant’s claim of vindictiveness, the Tenth Circuit affirmed the departure. Although defendant did not possess the requisite mens rea for first or second degree murder, he had sufficient legal responsibility for the bombing to support an upward departure. Defendant knew, in great detail, of the plan to bomb the federal building, and knew that the gun he sold had been stolen by the conspirators as a “fundraiser” to offset expenses relating to the bombing. A reasonably foreseeable consequence of giving McVeigh the money was to further the bombing conspiracy. U.S. v. Fortier, 242 F.3d 1224 (10th Cir. 2001), superseded on other grounds by statute as stated in U.S. v. Bolden, 368 F.3d 1032 (8th Cir. 2004).
10th Circuit applies first-degree murder guideline where victim accidentally killed during robbery. (210) During defendant’s robbery of a restaurant, his handgun accidentally discharged, killing a restaurant employee. He argued that he should not be sentenced under § 2A1.1, the first-degree murder guideline, because the employee was killed accidentally and without “malice aforethought.” The Tenth Circuit held that the district court correctly applied § 2A1.1. The commission of the robbery constituted the “malice aforethought” required for § 1111(a) felony murder. The appellate court had no jurisdiction to review the district court’s refusal to depart under note 1 to § 2A1.1. The transcript of the sentencing hearing did not indicate that the district court misunderstood its authority to depart. Rather, the district court stated, correctly, ‘that the accidental nature of the killing [did not] somehow cancel[] the felony murder rule.” U.S. v. Pearson, 203 F.3d 1243 (10th Cir. 2000).
10th Circuit rejects first-degree murder guideline even though proceeds from gun sales financed bombing. (210) Defendant was friends with the men responsible for bombing the federal building in Oklahoma City. Although defendant did not join the bombing conspiracy, he did help the conspirators sell some stolen firearms. The proceeds of the sales were used to finance the bombing. Section 2K2.1 provides that if the defendant used or possessed a firearm in connection with another offense and death resulted, the court should apply the most analogous homicide guideline. Assuming without deciding that the cross-reference was applicable, the Tenth Circuit held that the district court erred in applying § 2A1.1, the first-degree murder guideline. A court may only select § 2A1.1 as the most analogous guideline if (a) defendant harbored malice aforethought and premeditation, or (b) the offense of conviction could serve as a predicate to the felony-murder rule. U.S. v. Nichols, 169 F.3d 1255 (10th Cir. 1999). Neither factor was present here. Likewise, § 2A1.2 (second-degree murder) and § 2A1.5 (conspiracy to commit murder) also require malice aforethought. Section 2A1.3, voluntary manslaughter, was inapplicable because defendant’s actions did not evolve from a sudden quarrel or in the heat of passion. The remaining guideline for involuntary manslaughter, § 2A1.4, although not a perfect fit, was the most analogous. However, since this did not result in a higher offense level than under § 2K2.1, the cross-reference was not applicable. U.S. v. Fortier, 180 F.3d 1217 (10th Cir. 1999).
10th Circuit says first-degree murder guideline is most analogous for Oklahoma City bombing conspiracy. (210) Defendant was convicted of conspiring to use a weapon of mass destruction, in violation of 18 U.S.C. § 2332a, for his role in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. The Statutory Index for the 1994 guidelines does not specify a guideline section for § 2332a violations. The Tenth Circuit upheld the district court’s use of § 2A1.1, the guideline for first-degree murder, as the most analogous guideline for defendant’s § 2332a offense. Section 2A1.1 clearly was sufficiently analogous. Effective November 1, 1995, the Statutory Index was amended to specify that a violation of § 2332a may be handled under either § 2A1.1 or § 2K1.4. The most analogous offense can be determined either from the face of the indictment or from defendant’s relevant conduct. The Tenth Circuit did not resolve which method was proper because the court’s choice of § 2A1.1 was proper under either approach. The indictment alleged that defendant intended with premeditation to kill people in the federal building, and that the object of the conspiracy was to kill and injure innocent persons. Even if the indictment had omitted the allegations of intent to kill and premeditation, the murder guideline would remain the most analogous because the doctrine of felony-murder implies the malice as a matter of law and obviates the need for premeditation. Defendant’s relevant conduct also supported the court’s decision to use § 2A1.1. The record contained sufficient information from which the judge could reasonably conclude that defendant harbored the necessary malice and premeditation. U.S. v. Nichols, 169 F.3d 1255 (10th Cir. 1999).
10th Circuit says no findings required when deciding whether to depart downward from murder guideline. (210) Defendant conspired with Timothy McVeigh in the planning and subsequent bombing of the Alfred P. Murrah Building in Oklahoma City. Note 1 to § 2A1.1, the first-degree murder guideline, states that a court may depart downward if the defendant did not cause the death intentionally or knowingly. The extent of the departure should be based upon the defendant’s state of mind and certain other factors. In U.S. v. Prevatte, 16 F.3d 767 (7th Cir. 1994), the Seventh Circuit read this note to require a district court to make findings regarding a defendant’s mental state before deciding whether to depart. The Tenth Circuit disagreed with Prevatte, holding that nothing in the guideline requires a district court to make any findings when deciding whether to depart. The note merely states that if a court chooses to depart, the extent of that departure should be based on a number of enumerated factors. The initial determination of whether to depart under § 2A1.1 remains wholly discretionary, just as it is with all other decisions to depart. Thus, the court’s failure to make findings in rejecting defendant’s request for a departure was not erroneous. U.S. v. Nichols, 169 F.3d 1255 (10th Cir. 1999).
10th Circuit says excessive recklessness can justify upward departure. (210) While driving drunk, defendant crossed the center divide and hit a motorcycle, killing the driver. The Tenth Circuit held that recklessness exceeding the guideline standard is a permissible departure factor. Even though the involuntary manslaughter guideline contemplates reckless conduct in the usual drunk driving case, a court may examine the degree of recklessness in a given case to determine whether it exists to an exceptional level that is outside the heartland of involuntary manslaughter cases. Defendant’s conduct was excessively reckless. Her blood alcohol level was more than twice the legal limit, she had a prior drunk driving conviction, and she had at least three opportunities to correct her behavior—first, when her car keys were confiscated; second, when she was refused service at a bar; and third, when she narrowly avoided an accident with another vehicle minutes before the hitting the motorcycle. However, the district court failed to adequately explain the degree of departure. U.S. v. Whiteskunk, 162 F.3d 1244 (10th Cir. 1998).
10th Circuit holds gunshot victim who required minor eye surgery suffered serious bodily injury. (210) Defendants racially taunted and then chased 3 black men in a car. The chase ended when one of the defendants fired a gun several times into the rear window of the victims’ car, shattering the window and injuring the occupant of the back seat. The victim had holes in his shirt and baseball cap consistent with either shotgun pellets or fragmented bullets. Several pellets lodged in his face and back. A metal fragment was removed from his eye in an outpatient surgical procedure. As a result of the shooting, the victim’s retina was permanently scarred. He has a permanent spot in his field of vision, experiences blurriness, and has an increased risk of retinal detachment. The Tenth Circuit held that the gunshot victim suffered serious bodily injury, even though the surgery lasted only 5-10 minutes and was done on an outpatient basis. It was still surgery. There is no temporal limitation on seriousness. In addition, the victim had residual damage that impaired a bodily organ¾his eye. U.S. v. Woodlee, 136 F.3d 1399 (10th Cir. 1998).
10th Circuit approves use of aggravated assault guideline for civil rights crimes. (210) Defendants and several friends verbally taunted 3 black men at a bar. When the black men left the bar, defendants gave chase in their own cars. One of the friends fired a gun several times into the victims’ car, shattering the car’s rear window and injuring the occupant of the back seat. Defendants were convicted of various civil rights violations. Section 2H1.1 provides that the offense level shall be the greater of twelve and the offense level for any underlying offense. The Tenth Circuit upheld the court’s cross-reference to the aggravated assault guideline. The conduct was an assault under Oklahoma law. An aggravated assault under the guidelines is defined as a felonious assault involving a dangerous weapon with intent to do bodily harm. The court clearly found that defendants’ conduct met this definition. U.S. v. Woodlee, 136 F.3d 1399 (10th Cir. 1998).
10th Circuit upholds cross-reference to first-degree murder guideline despite acquittal. (210) Defendant was convicted of kidnapping and second-degree murder, and acquitted of first-degree murder. As directed by the kidnapping guideline, § 2A4.1(c)(1), his offense level was set at 43, the first degree murder offense level, because the kidnapping victim was killed under circumstances that would constitute murder. Defendant argued that his acquittal of first-degree murder required that his sentence be based on the second-degree murder guideline or the kidnapping guideline. The Tenth Circuit found that he was properly sentenced. He could not receive less than a life sentence, because the kidnapping statue provides that where the death of any person results from the kidnap, the punishment is life imprisonment or death. U.S. v. Sarracino, 131 F.3d 943 (10th Cir. 1997).
10th Circuit holds dangerous weapon not counted twice even if weapon is not inherently dangerous. (210) Defendant was convicted of assault with a deadly weapon after attacking a man with a baseball bat and a knife and attempting to hit him with his car. The district court sentenced defendant under the aggravated assault guideline and then enhanced his offense level under § 2A2.2(b)(2)(B) for use of a dangerous weapon. Defendant argued that the dangerous weapon enhancement was double counting because the use of the dangerous weapon had already increased in his base offense level by making the crime an aggravated assault. The Tenth Circuit, rejecting U.S. v. Hudson, 972 F.3d 504 (2d Cir. 1992), held that the dangerous weapon enhancement was not double counting regardless of whether the object used in the assault was an “inherently dangerous weapon.” In Hudson, the Second Circuit held that a § 2A2.2(b) enhancement is not double counting when the assault is committed with an inherently dangerous weapon. However, the plain language of the guidelines indicates Congress intended for double counting to occur under § 2A2.2. Hudson creates a difficult standard for court to apply, particularly when dealing with objects such as a knife or a car. U.S. v. Duran, 127 F.3d 911 (10th Cir. 1997).
10th Circuit affirms dangerous weapon enhancement for assault with firewood. (210) Defendant assaulted his girlfriend with a piece of firewood. When the girlfriend’s father attempted to intervene, defendant threw the firewood at the father, putting out his right eye. The Tenth Circuit affirmed a § 2A2.2(b)(2)(B) enhancement for using a dangerous weapon in the course of an aggravated assault. The guidelines define dangerous weapon as an instrument capable of inflicting death or serious bodily injury. There was no question that the piece of firewood qualified as a dangerous weapon since it was used to inflict serious bodily injury. The district court did not impermissibly double count by relying upon the weapon to categorize the assault as an aggravated assault and to increase the base offense level. Because the assault resulted in a serious bodily injury, note 1 to § 2A2.2 required it to be treated as an aggravated assault. The fact that the assault also involved a dangerous weapon made little difference because the assault was aggravated even without regard to the dangerous weapon. U.S. v. Tissnolthtos, 115 F.3d 759 (10th Cir. 1997).
10th Circuit upholds aggravated assault guideline where assault caused serious bodily injury. (210) Defendant was convicted of two counts of assaulting federal officers, in violation of 18 U.S.C. § 111. He argued that the district court should have sentenced him under § 2A2.4 rather than § 2A2.2. The Tenth Circuit ruled that defendant was properly sentenced under § 2A2.2 because he caused serious bodily injury. One of the prison officers testified he suffered extreme pain and impaired function in his leg, which injury required hospitalization and physical rehabilitation. This supported the court’s finding of serious bodily injury. U.S. v. Segien, 114 F.3d 1014 (10th Cir. 1997), abrogation on other grounds recognized by U.S. v. Hathaway, 318 F.3d 1001 (10th Cir. 2003).
10th Circuit holds that § 111(b) is sentencing enhancement rather than separate assault offense. (210) Defendant was convicted of two counts of assaulting federal officers, in violation of 18 U.S.C. § 111. Section 111(a) provides for a three-year maximum sentence. Section 111(b) provides for a maximum ten-year sentence if the defendant inflicted bodily injury. Defendant argued that § 111(b) creates a separate offense from § 111(a), and therefore to sentence him under § 111(b) the prosecution had to prove beyond a reasonable doubt to the jury that the victim suffered bodily injury. The Tenth Circuit held that § 111(b) is a sentencing enhancement provision rather than a separate offense from § 111(a). When Congress separated § 111 into two subsections, it explicitly entitled the latter subsection “Enhanced penalty” in bold print. The section simply serves to increase the penalty imposed on certain individuals who commit the offense prohibited by § 111(a) in a fashion Congress has determined warrants an additional sanction. U.S. v. Segien, 114 F.3d 1014 (10th Cir. 1997), abrogation on other grounds recognized by U.S. v. Hathaway, 318 F.3d 1001 (10th Cir. 2003).
10th Circuit rules that firearm discharge occurred during and not after assault. (210) Defendant broke into his ex‑wife’s home with a gun and told her she was going to die. He struck his niece with the gun and ordered her and his children into a bedroom closet. Defendant then repeatedly struck his ex‑wife on top of her head with his rifle. When defendant went into the kitchen to light a cigarette, his ex‑wife fled out the front door. Defendant went out the front door and fired several shots. Defendant challenged a § 2A2.2(b)(2)(A) enhancement for discharging a firearm, claiming that the shots were fired “after” the assault for which he was convicted. The Tenth Circuit held that the firearm discharge took place during the assault. Defendant testified that he fired the shots in an attempt to stop his wife’s flight. If defendant had succeeded, he could have continued his attack and delayed or avoided detection. U.S. v. Murray, 82 F.3d 361 (10th Cir. 1996).
10th Circuit says accessory must know murder was premeditated to be held accountable for first‑degree murder. (210) Defendant and others left a bar in the same car. Two of the men had been arguing. One man pulled a knife and stabbed the other repeatedly. He then told defendant, “Finish it.” Defendant took the knife, and struck the victim two or three times with the knife. The killer was convicted of first‑degree murder and defendant later pled guilty to being an accessory after the fact. Defendant objected to the PSR’s conclusion that he was an accessory to first degree murder, claiming he did not know that the murder was premeditated. The Tenth Circuit held that the district court erred by adopting the PSR’s conclusion without addressing this objection. Defendant was an accessory to a murder under 10 U.S.C. § 918. Section 918 does not distinguish between first and second degree murder. To determine the most analogous guideline, the district court must determine defendant’s state of mind. Defendant could only be punished as an accessory to first degree murder if he knew the murderer acted with premeditation. U.S. v. Henning, 77 F.3d 346 (10th Cir. 1996).
10th Circuit reverses death penalty where jury may have relied on duplicative aggravating factors. (210) Defendant was convicted of murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e) and was sentenced to death. The Tenth Circuit held that the district court erred in submitting duplicative and cumulative aggravating factors to the jury. The court submitted to the jury the § 848(n)(1)(C) statutory aggravating factor “intentionally engaged in conduct intending that the victim be killed or that legal force be employed against the victim, which resulted in the death of the victim.” It also submitted the non‑statutory aggravating factor “committed the offenses as to which he is charged in the indictment.” These two factors substantially overlap each other. Such double counting of aggravating factors, especially under a weighing scheme, has a tendency to skew the weighing process and create the risk that the death sentence will be imposed arbitrarily and thus, unconstitutionally. U.S. v. McCullah, 76 F.3d 1087 (10th Cir. 1996).
10th Circuit upholds reliance on non‑statutory aggravating factors in death penalty under 848(e). (210) In imposing the death penalty under 21 U.S.C. § 848(e), the district court submitted four non‑statutory aggravating factors to the jury: (1) use of a deadly weapon, (2) defendant’s two or more prior convictions, (3) defendant’s commission of the charged offense, and (4) repeated attempts to rehabilitate defendant had been unsuccessful. The Tenth Circuit reversed on other grounds, but held that the prosecutor’s power to promulgate non‑statutory aggravating factors did not amount to an unconstitutional delegation of power to the Executive Branch. The statutory aggravating circumstances circumscribe the class of persons eligible for the death penalty. But the Constitution does not require the jury to ignore other possible aggravating factors in the process of selecting, from among that class, those defendants who will actually be sentenced to death. U.S. v. McCullah, 76 F.3d 1087 (10th Cir. 1996).
10th Circuit upholds statutory aggravating factors for death penalty under 848(e). (210) Defendant was convicted of murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e) and was sentenced to death. The district court submitted four statutory aggravating factors to the jury under 21 U.S.C. § 848(n)(1)(C) and the jury found all four. In reversing on other grounds, the Tenth Circuit held that the statutory factors were properly submitted to the jury. The (n)(1) factors were not merely eligibility factors, but were aggravating factors to be weighed against mitigating factors in the selection phase of sentencing. The factors adequately narrowed the class of death‑eligible defendants. The jury properly found that defendant committed the offense after substantial planning and premeditation. “Substantial planning” does not require “considerably more planning than is typical,” but rather means “considerable” or “ample for commission of the crime.” The jury also properly found that defendant committed the offense for compensation, even though defendant killed the wrong victim. U.S. v. McCullah, 76 F.3d 1087 (10th Cir. 1996).
10th Circuit reviews jury’s non‑unanimous findings regarding absence of mitigating factors in death penalty case. (210) Defendant received the death penalty for his conviction of murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e). He argued that the jurors erred in failing to find three mitigating factors. The Tenth Circuit held that it could review the non-unanimous jury findings. One juror refused to find that defendant’s I.Q. was 80. This was reasonable in light of the anomalous test results and defendant’s incentive to distort his abilities. The finding of four jurors that defendant did not suffer from a brain dysfunction was also reasonable since the defense expert lacked “hard medical evidence” to support his theory and was relying on neuropsychological evidence. The finding of ten jurors that defendant did not prove he suffered from attention‑deficit disorder was also reasonable. U.S. v. McCullah, 76 F.3d 1087 (10th Cir. 1996).
10th Circuit reverses life sentence for second-degree murder. (210) Defendant was convicted of one count of first-degree murder and one count of second-degree murder. The 10th Circuit upheld a life sentence for the first-degree murder count, but reversed a life sentence for the second-degree murder count. The statutory language of 18 U.S.C. section 1111 requires that a defendant convicted of first-degree murder serve a minimum sentence of life imprisonment. However, the life sentence for the second-degree murder count was inconsistent with guidelines sections 2A1.2 and 3D1.4(c). U.S. v. Joe, 8 F.3d 1488 (10th Cir. 1993).
10th Circuit rejects departure for premeditation, restraint of victim, and dangerous instrumentality; approves extreme conduct. (210) Despite evidence of premeditation, the jury acquitted defendant of first degree murder and convicted him of second degree murder. The district court departed upward based on (a) premeditation, (b) restraint of the victim, (c) the use of a dangerous instrumentality, and (d) extreme conduct. The 10th Circuit remanded. Premeditation was already considered in the guidelines for first and second degree murder. The brief grabbing of the victim’s throat during the murder was not the kind of restraint the Commission envisioned in adopting §5K2.4, and use of a dangerous instrumentality is usually inherent in the crime of murder. However, section 5K2.8 authorized a departure based on defendant’s extreme conduct. Section 5K2.8 is not unconstitutionally vague. However, remand was necessary since the court did not explain why an eight-level departure was appropriate and three of the four reasons were improper. U.S. v. Kelly, 1 F.3d 1137 (10th Cir. 1993).
10th Circuit affirms sentencing under section 2A2.2 for assaulting prison guard with hypodermic needle. (210) Defendant, a federal inmate, stabbed a prison guard three times with a homemade hypodermic syringe, and struck another guard in the face. He pled guilty to forcibly assaulting, resisting or impeding a federal correctional officer in violation of 18 U.S.C. section 111. The 10th Circuit affirmed that defendant was properly sentenced under section 2A2.2 (Aggravated Assault) instead of section 2A2.4 (Obstructing or Impeding Officers). Both sections cover violations of section 111. However, section 2A2.4 is applicable if the defendant merely obstructs or impedes an officer. If there was physical contact or if the use of a dangerous weapon was threatened, then the base offense level is increased from six to nine under 2A2.4. In contrast, section 2A2.2 should be used if a dangerous weapon was in fact used with intent to a bodily harm. Here, defendant committed a felonious assault upon a guard with a dangerous weapon and with the intent to do bodily harm. The enhancement under section 3A1.2 for an official victim was also proper. While section 2A2.4 incorporates this factor, section 2A2.2 does not. U.S. v. Rue, 988 F.2d 94 (10th Cir. 1993).
10th Circuit affirms that loss of a partially-sighted eye was permanent or life-threatening injury. (210) Defendant was convicted of assault resulting in serious bodily injury. He received an enhancement under section 2A2.2(b)(3)(C) because the victim sustained permanent or life-threatening injury. The 10th Circuit affirmed the enhancement, despite defendant’s claim that the removal of the victim’s right eye did not constitute permanent or life-threatening bodily injury because the victim was blind in his right eye prior to the assault. The district court found that the victim had some sight in that eye; he could see figures and light, and could distinguish colors. Defendant offered no support for his argument that the jury did not find the assault resulted in permanent or life-threatening bodily injury. U.S. v. Talamante, 981 F.2d 1153 (10th Cir. 1992).
10th Circuit affirms that district court could not depart downward from life sentence for murderer. (210) Defendant was convicted of first degree murder pursuant to 18 U.S.C. 1111 and 1153. The 10th Circuit affirmed that the district court was required by section 1111 to impose a life sentence and it did not have the discretion to depart downward. Section 1111 provides that a defendant convicted of first degree murder “shall…be sentenced to imprisonment for life.” Thus, section 1111 provides a statutorily required minimum sentence which would control over any other lesser sentence suggested under the guidelines. The sentencing scheme established by 18 U.S.C. section 3581(b)(1) in conjunction with 3559(a) does not supplant the statutory minimum sentence in section 1111. U.S. v. Sands, 968 F.2d 1058 (10th Cir. 1992).
10th Circuit upholds sentencing felon in possession of firearm on the basis of underlying state crime. (210) Defendant committed a “drive-by shooting” and was convicted of being a felon in possession of a firearm. The 10th Circuit found that defendant was properly sentenced under the aggravated assault provisions of guideline § 2A2.2. Defendant claimed that the district court used the superseded version of guideline § 2K2.2(c)(1), which provided that if the defendant used the firearm to commit another offense, a court should apply the guideline for such other offense or § 2X1.1. The new version of the guidelines deleted the reference in § 2K2.2(c)(1) to “for such other offense or,” and provide that a court should apply § 2X1.1. The 10th Circuit found that both versions call for cross reference to § 2X1.1, and through that section the court is directed to look at the underlying conduct. Section 2X1.1 is a conduit which directs a court to look at the underlying offense — in this case aggravated assault. The 10th Circuit also rejected defendant’s argument that it was beyond the sentencing commission’s authority to enhance his firearms sentence on the basis of the state offense of aggravated assault. This did not federalize a state crime, but merely allowed the sentence for the charged crime to reflect the reality of the crime. U.S. v. Willis, 925 F.2d 359 (10th Cir. 1991).
11th Circuit approves large upward variance for unscored criminal history and use of fake bombs to rob banks. (210) Defendant pled guilty to robbing two banks using what turned out to be fake bombs. His guideline range was 78-97 months, but the district court sentenced him to 210 months. The court found that guidelines did not adequately account for defendant’s criminal history because some of his older convictions were not scored. His criminal history score also did not reflect the sustained nature of his criminal conduct. The court found that defendant’s use of fake bombs was “extremely serious,” creating terror in the tellers, customers, inducing the use of bomb squads, and causing commerce to shut down. The Eleventh Circuit held that the sentence was substantively reasonable. Although the upward variance was substantial, the sentence was still well below the statutory maximum of 900 months. For the past 36 years, defendant has been unable to conform his conduct to the requirements of law. His criminal history was so extensive that he had been incarcerated virtually all of his adult life. When he was out of prison, he committed more crimes, many of them very violent. The district court also gave great weight to defendant’s three bank robberies within a week, and to his substantial criminal history. U.S. v. Early, 686 F.3d 1219 (11th Cir. 2012).
11th Circuit upholds use of kidnapping and murder guideline for defendant convicted under Torture Act. (210) Defendant was convicted under the Torture Act, 18 U.S.C. § 2340, of committing numerous acts of torture and other atrocities in Liberia. He argued that the district court erred in using the kidnapping guideline, § 2A4.1, and the murder cross-reference it authorizes under § 2A4.1(c), because he did not unlawfully detain his victims, the murders did not result from torture, and he was neither charged with nor convicted of kidnapping or murder. The Eleventh Circuit upheld the district court’s application of the Guidelines. Even if defendant’s victims were initially detained under lawful circumstances, the extended length and nature of their detention, coupled with the utter lack of access to courts, attorneys or any information about their arrest, rendered the duration of their imprisonment wholly unlawful. The district court properly applied the murder cross-reference. The four murders constituted relevant conduct – they all occurred in the course of and in furtherance of the conspiracy to commit torture. Three of the murder victims were shot after refusing to answer questions at the same checkpoint where other torture victims were kidnapped. U.S. v. Belfast, 611 F.3d 783 (11th Cir. 2010).
11th Circuit applies sexual abuse cross-reference to pimp who used violence to keep prostitute working for him. (210) Defendant, a pimp, pled guilty to sex trafficking of children by force, fraud or coercion. Guideline § 2G1.3(c)(3) provides that if the offense involved conduct described in 18 U.S.C. § 2241 or § 2242 (engaging in, causing another person to engage in, a sexual act with another by threatening or placing the minor in fear), then the court should apply U.S.S.G. § 2A3.1 (Criminal Sexual Abuse). The Eleventh Circuit held that the cross-reference properly applied to defendant. After learning one of his minor prostitutes was contemplating leaving him for another pimp, defendant beat her until he was restrained and later attempted to hit her with his car. He later reconciled with her over the phone, and the minor resumed engaging in sexual acts for defendant’s benefits. Although defendant contended that his objective during the confrontation was to keep the minor in his employ rather than compel her to engage in sexual acts, defendant specifically employed her to perform sexual acts. U.S. v. Madison, 477 F.3d 1312 (11th Cir. 2007).
11th Circuit applies guidelines in the order listed in § 1B1.1. (210) Defendant argued that the district court erred in “prematurely” departing downward to reduce his offense level for felony murder from 43 to 37 and thereafter applying the grouping rules, which resulted in his offense level rising back to 41. He argued that the grouping rules should have been applied first, before the departure. The Eleventh Circuit disagreed relying on guideline § 1B1.1, which instructs the court to apply any special instructions in the Chapter 2 guidelines before applying the grouping rules in § 3D. Application Note 1 to the murder guideline, § 2A1.1, says a court may depart downward if “the defendant did not cause the death intentionally or knowingly.” Thus, it was proper for the court to depart downward pursuant to this instruction before applying the grouping rules in § 3D. U.S. v. Nguyen, 255 F.3d 1335 (11th Cir. 2001).
11th Circuit finds insufficient evidence to use murder as object of multi-object conspiracy. (210) A jury convicted five members of defendant’s family of various charges related to the murder-for-hire of the night watchman at their family business warehouse, the burning of that warehouse and the ensuing fraud on the warehouse’s insurer. Defendant was convicted of a conspiracy, the objects of which were murder-for-hire, arson, and mail fraud. Under note 5 to § 1B1.2(d), where the verdict does not establish which offense was the object of a multi-object conspiracy, the court can only apply the guideline for a particular object offense if it finds beyond a reasonable doubt that the defendant conspired to commit that object offense. The Eleventh Circuit found insufficient evidence that, for § 1B1.2(d) purposes, defendant conspired to commit murder-for-hire. Defendant’s acquittal on the substantive murder count did not foreclose conviction on the related conspiracy count. However, the government proved nothing more than defendant was present during the planning of the murder. The witness who overheard the conspirators’ discussion did not testify that defendant participated in the discussion. Defendant’s father, one of the conspirators, had tyrannical control of his family members, especially defendant, who was only 18 at the time of the murder. It was not unlikely that the father would permit his son to be present during the conspiratorial discussions even though his son was not a member of the conspiracy. U.S. v. Hernandez, 141 F.3d 1042 (11th Cir. 1998).
11th Circuit affirms increases for multiple victims and offering cash for murder. (210) Defendant was convicted of conspiring to murder a federal officer. The Eleventh Circuit affirmed a § 2A5.1(b)(1) enhancement for offering something of pecuniary value in exchange for the murder. Defendant sent $500 to an undercover agent. The agent testified that, based on his conversations with defendant, he understood the $500 to be a downpayment to commit the murders. There was also ample evidence to support the court’s finding that defendant intended to kill two federal officers. A cooperating co-conspirator testified that defendant repeatedly spoke to him about killing both an Assistant U.S. Attorney and a task force agent. In addition, an undercover agent hired by defendant testified that defendant wanted both officers killed. The Assistant U.S. Attorney’s wife testified that she received a phone call from a person threatening to kill her husband. Finally, the cooperating conspirator, at defendant’s direction, conveyed information to the undercover agent about both intended victims. U.S. v. Francis, 131 F.3d 1452 (11th Cir. 1997).
11th Circuit upholds cross-reference from arson to murder guideline for death of co-felon. (210) Defendant was convicted of arson in connection with a fire at his restaurant. Section 2K1.4(c) provides that if death resulted from the arson, the court should apply the most analogous guideline. The district court sentenced defendant under the first-degree murder guideline because the fire caused the death of his brother, a co-felon. The Eleventh Circuit upheld the cross-reference to the first-degree murder guideline based on the death of a co-felon. The cross-reference is not limited to cases where a non-participant dies. The district court properly analogized the underlying arson to first-degree murder since the first-degree murder guideline covers felony-murder. The malice aforethought requirement did not bar sentencing defendant under the first-degree murder guideline. Even though defendant did not intend to kill his brother, he did intend to commit the arson that killed his brother. Finally, contrary to defendant’s claim, the federal felony-murder can apply to situations in which an arsonist’s accomplice dies during the commission of the underlying felony. U.S. v. Tham, 118 F.3d 1501 (11th Cir. 1997).
11th Circuit rejects challenges to federal death sentence. (210) In this appeal of the first death sentence imposed under the Anti-Drug Abuse Act of 1988, the 11th Circuit rejected numerous challenges. The court did not violate §848(k) or the 5th and 8th Amendments by withholding from the jury the authority to impose a sentence other than death. Section 848 does not require the jury to be told what sentence the defendant might receive in the absence of death. Evidence from the guilt stage of the proceeding, including the apparent murder of two others, was not erroneously admitted during the sentencing hearing. The jury need only consider whether the aggravating factors sufficiently outweigh the mitigating factors to justify a sentence of death; the weighing process is not governed by a burden of proof. Finally, the fact that defendant faces a death sentence without knowing when or how that sentence will be carried out does not constitute cruel and unusual punishment. U.S. v. Chandler, 996 F.2d 1073 (11th Cir. 1993).
11th Circuit holds murder is offense underlying transportation of explosives with intent to kill. (210) The 11th Circuit upheld the use of first degree murder as an underlying offense of interstate transportation of explosives with intent to injure or kill. The guidelines permit a court to impose a sentence based upon relevant conduct even where the defendant has been acquitted of the specific charge alleging such conduct. The court could not and did not sentence defendants for murder. U.S. v. Sanchez, 992 F.2d 1143 (11th Cir. 1993), amended, 3 F.3d 366 (11th Cir. 1993).
11th Circuit bars reliance on relevant conduct in applying assault cross-reference. (210) Defendant was convicted of simple assault on one corrections officer and acquitted of aggravated assault on another. The applicable guideline, section 2A2.4 (Obstructing or Impeding Officers), says that if the conduct constituted aggravated assault, section 2A2.2 (Aggravated Assault) should be applied. The district court sentenced defendant under section 2A2.2, based on the conduct for which defendant had been acquitted. The 11th Circuit reversed, holding that a court cannot consider relevant conduct in applying the cross-reference in section 2A2.4. The “conduct” must be related to the offense of conviction in order to be considered relevant conduct under 1B1.3. U.S. v. Jennings, 991 F.2d 725 (11th Cir. 1993).
11th Circuit rejects official victim enhancement for assault on corrections officer. (210) Defendant, a federal prisoner, assaulted a corrections officer. The 11th Circuit found that an official victim enhancement under section 3A1.2 was erroneous for two reasons. First, defendant should have been sentenced under guideline section 2A2.4, and application note 1 to that section states that the base offense level already reflects the victim’s official status. Second, to apply the official victim enhancement, the offense must have been motivated by the victim’s status or when the assault is committed during the course of another offense. The district court here applied the increase for the latter reason; however there was no other offense. U.S. v. Jennings, 991 F.2d 725 (11th Cir. 1993).
11th Circuit affirms that defendant who threatened agents with metal pipe committed aggravated assault. (210) The 11th Circuit affirmed that defendant was properly sentenced under section 2A2.2 (aggravated assault) rather than section 2A2.3 (minor assault). Witnesses testified that defendant held a metal pipe, swinging it as though it were a bat and threatening to bash their heads in if they did not comply with his demand. Defendant was angry and at least one witness feared for her life. Although defendant testified at sentencing that he did not intend to harm the agents, in the face of the other evidence, the court was not required to believe defendant’s testimony. U.S. v. Park, 988 F.2d 107 (11th Cir. 1993).
11th Circuit affirms upward departure based upon physical injuries and property damage caused by drunk driver. (210) Defendant was convicted of DUI manslaughter in connection with an accident in which one person was killed, several others were injured, and property damage occurred. The 11th Circuit affirmed an upward departure from a guideline range of 24 to 30 months and sentenced defendant to 60 months. Defendant conceded that the guideline for involuntary manslaughter does not take into account physical injury sustained by persons other than the decedent, or property damage, and that physical injury and property damage are grounds for departure under guideline sections 5K2.2 and 5K2.5. Given the type of personal injuries and property damage sustained as a result of defendant’s conduct, the extent of the departure was not unreasonable. U.S. v. Sasnett, 925 F.2d 392 (11th Cir. 1991).
11th Circuit says court may use acquitted conduct in sentencing manslaughter defendant. (210) Defendant contended that since he had been acquitted of involuntary manslaughter, which requires reckless conduct, and convicted of DUI manslaughter, which only requires a lack of care, his conduct should not have been classified as reckless for sentencing purposes. The 11th Circuit rejected this contention, noting that a district court is free to consider conduct for which defendant was acquitted. However, in this case, the district court did not make an independent determination, but relied on a misinterpretation of state law. Therefore, the case was remanded for the district court to make an independent determination as to whether defendant’s conduct should have been classified as reckless or criminally negligent. U.S. v. Sasnett, 925 F.2d 392 (11th Cir. 1991).
D.C. Circuit upholds use of attempted murder guideline for firearms defendant. (210) Defendant was convicted of possessing a firearm while subject to a court order, in violation of 18 U.S.C. § 922(g)(8). Based on evidence that defendant pulled the gun’s trigger while it was pointed at his estranged wife, the district court applied cross-references in § 2K2.1(c) and § 2X1.1 to sentence defendant under the attempted murder guideline. Defendant argued that the sentencing court erred in using the attempted murder guideline, because § 2X1.1 directs a court to use the offense level for the “substantive offense.” Note 2 to § 2X1.1 defines “substantive offense” as “the offense that the defendant was convicted of … attempting … to commit.” The D.C. Circuit upheld the cross reference to the attempted murder guideline. Note 2, which defines “substantive offense,” “applies only if section 2X1.1 is applied directly, rather than as a cross-reference from section 2K2.1.” U.S. v. Branch, 91 F.3d 699, 743 (5th Cir. 1996). Therefore, § 2X1.1(c) required the court to apply the offense level for attempted first-degree murder as prescribed in § 2A2.1. U.S. v. Drew, 200 F.3d 871 (D.C. Cir. 2000).
D.C. Circuit agrees that pulling trigger while pointing gun at wife’s face was attempted first-degree murder. (210) Defendant was convicted of possessing a firearm while subject to a court order, in violation of 18 U.S.C. § 922(g)(8). The district court found that defendant attempted to commit first-degree murder while possessing the gun. His estranged wife testified that after defendant broke into her house, he pointed the gun at her, and she heard the trigger. A police officer corroborated this story. At sentencing, defendant did not contest that the gun was pointed at his wife when he pulled the trigger. Finally, the government introduced the shotgun recovered from the wife’s residence the night of the offense as well as the indented shell. The D.C. Circuit held that sentencing court did not clearly err in finding that defendant “took sufficiently premeditated actions to constitute attempted first-degree murder.” U.S. v. Drew, 200 F.3d 871 (D.C. Cir. 2000).
D.C. Circuit considers underlying conduct in applying cross-reference to aggravated assault. (210) Defendant was convicted of assaulting a federal officer after he attempted to hit an INS agent with his car. Section 2A2.4(c)(1) provides that the court should apply § 2A2.2, the aggravated assault guideline, if the conduct constituted aggravated assault. Defendant argued that the district court improperly considered relevant conduct in applying the cross-reference. The D.C. Circuit adopted the analysis of U.S. v. Street, 66 F.3d 969 (8th Cir. 1995), and held that the 1992 amendment to § 2A2.4(c)(1) allows a court to consider relevant or underlying conduct in deciding whether to apply the cross-reference to § 2A2.2. The amendment removed certain language regarding convictions under 18 U.S.C. § 111 and stated that § 2A2.2 should be applied “on the basis of the underlying conduct.” Defendant’s conduct with the car was an aggravated assault. His claim that he only intended to frighten the INS agent was inconsistent with his accelerating despite the agent’s warning that the car was about to hit him. U.S. v. Valdez-Torres, 108 F.3d 385 (D.C. Cir. 1997).
D.C. Circuit says increase for auto as dangerous weapon was not double counting. (210) Defendant was convicted of assaulting a federal officer after he attempted to hit an INS agent with his car. Applying the cross-reference in § 2A2.4(c)(1), the district court applied the aggravated assault guideline, § 2A2.2. Defendant argued that the enhancement under § 2A2.2(b) (2)(B) for using his car as a dangerous weapon was impermissible double counting. The D.C. Circuit, agreeing with a majority of circuits, held that using the vehicle both to select § 2A2.2 and to enhance the sentence under § 2A2.2(b)(2)(B) was not improper double counting. Section 2A2.2(b)(2)(B) calls for a four point enhancement if a dangerous weapon is used. The Commission expressly forbids double counting where it is not intended. In the absence of a caveat that the enhancement does not apply in these circumstances, the enhancement should be applied in accordance with the plain language of the guidelines. U.S. v. Valdez-Torres, 108 F.3d 385 (D.C. Cir. 1997).
D.C. Circuit upholds official victim increase where cross-reference to § 2A2.2 is used. (210) Defendant was convicted of assaulting a federal officer after he attempted to hit an INS agent with his car. Applying the cross reference in § 2A2.4(c)(1), the district court applied § 2A2.2, the aggravated assault guideline. Defendant argued that because the assault on the INS agent was his only offense, the official victim enhancement in § 3A1.2(b) was improper. The D.C. Circuit found no error because § 2A2.2 was used as the guideline. Note 1 to § 2A2.4 says the official victim adjustment should be applied if § 2A2.4(c)(1)’s cross-reference to § 2A2.2 has been invoked. Although the official victim enhancement does not apply if the applicable guideline already incorporates assaulting an official victim, § 2A2.4 is the only guideline that incorporates that factor. U.S. v. Valdez-Torres, 108 F.3d 385 (D.C. Cir. 1997).
California District Court sentences Rodney King defendants in civil rights case. (210) Sergeant Stacey Koon and Officer Laurence Powell were convicted respectively of violating the civil rights of Rodney King. In sentencing, the district court focused on the point during the arrest that the officers’ conduct crossed the line and became illegal. The court found that initial body blows which caused multiple broken bones were not illegal, and the 5 or 6 later blows caused only bruises. The court applied §2H1.4, and cross referenced to the aggravated assault guideline because it found that Officer Powell intended to harm King. The use of a dangerous weapon, a side handle baton, resulted in a 2-level increase. Although King suffered serious bodily injury, the illegal blows caused only “bodily injury,” so the offense level was increased by only 2 additional levels. None of the Chapter Three adjustments applied, including obstruction, even though Sergeant Koon testified at trial. Koon did not willfully intend to provide false testimony. The total offense level was 27, from which the court departed downward 8 levels and imposed sentences of 30 months. U.S. v. Koon, 833 F. Supp. 769 (C.D. Cal. 1993), affirmed in part, reversed in part by Koon v. U.S., 518 U.S. 81, 116 S.Ct. 2035 (1996).
Virginia District Court determines that downward departure cannot be based upon victim’s conduct. (210) Defendant was convicted of aggravated sexual assault, and moved for a downward departure based on the contention that “victim’s wrongful conduct contributed signifycantly to provoking the offense behavior.” Defendant alleged that he and the victim smoked crack cocaine together the night of the rape and that she was reputed to have, in the past, engaged in sexual relations in exchange for drugs. The Eastern District of Virginia found that none of these circumstances justified a downward departure and did not “significantly contribute[] to provoking” the rape. U.S. v. Saunders, 743 F.Supp. 444 (E.D. Va. 1990).
Commission creates Chapter Three adjustment for serious human rights offenses. (210) In the Human Rights Enforcement Act of 2009, Pub. L. 111–122 (Dec. 22, 2009), Congress defined “serious human rights offenses” as “violations of Federal criminal laws relating to genocide, torture, war crimes, and the use or recruitment of child soldiers under sections 1091, 2340, 2340A, 2441, and 2442 of title 18, United States Code.” In response, the Commission established a new Chapter Three adjustment at §3A1.5 if the defendant was convicted of a serious human rights offense. The adjustment generally provides a four-level increase if the defendant was convicted of a serious human rights offense, and a minimum offense level of 37 if death resulted. If the defendant was convicted of an offense under 18 U.S.C. §1091(c) for inciting genocide, however, the adjustment provides a two-level increase in light of the lesser statutory maximum penalty such offenses carry compared to the other offenses covered by this adjustment. Amendment 765, effective Nov. 1, 2012.
Commission increases offense levels for homicide and manslaughter. (210) On May 30, 2003, the Commission increased the base offense level for kidnapping by 8 levels, in response to a directive in the Protect Act. This increase brought kidnapping without injury to within one level of the base offense level 33 for second degree murder. The Commission examined data on second degree murder offenses and found that in 2002, courts departed upward from the guideline range in 34.3% of the cases. The Commission also received public comment expressing concern that an individual convicted of second degree murder who accepted responsibility might serve as little as eight years imprisonment. In response, the Commission increased the base offense level for second degree murder to level 38, an approximate 20-year sentence. The Commission made a commensurate increase of five levels from level 28 to level 33 in the attempted first degree murder guideline and proportional increases for voluntary manslaughter and conspiracy or solicitation to commit murder. For drunk driving and similar offenses, the Commission added a third alternative base offense level in § 2A1.4 of level 22. Amendment 663, effective November 1, 2004.
Commission increases penalties for assaults on official victims. (210) In response to a directive in the Department of Justice Appropriations Act, the Commission added a two-level increase in the aggravated assault guideline, § 2A2.2, if the defendant was convicted under 18 U.S.C. § 111(b) or § 115. The Commission also amended the guideline to decrease the base offense level from level 15 to level 14, based on information received from the Native American Advisory Group and studies indicating that federal aggravated assault sentences generally are more severe than many state aggravated assault sentences. However, to ensure that individuals who cause bodily injury to victims do not benefit from this decrease, the specific offense characteristics addressing degrees of bodily injury each were increased by one level. To maintain proportionality, the two non-aggravated assault guidelines were also amended. In addition, the official victim guideline, § 3A1.2 was restructured to increase the adjustment to six levels if the defendant’s offense guideline was from Chapter 2, Part A (offenses against the person). Amendment 663, effective November 1, 2004.
Commission creates guideline for transporting minors for illegal sexual activity and related crimes. (215) Before this amendment, offenses like 18 U.S.C. § 2422 (coercion and enticement) and 2423 (transportation of minors), were referenced by Appendix A to either § 2G1.1 or § 2A3.2. Until recently, the majority of cases sentenced under § 2A3.2 were statutory rape cases that occurred on federal property or native American lands. Recently however, the majority of cases sentenced under the statutory rape guideline were coercion, travel and transportation offenses. The Commission said that removing these cases from § 2A3.2 would permit it to more appropriately tailor that guideline to actual statutory rape cases. In addition, in response to a new offense provided by the Protect Act, 18 U.S.C. § 2252(B) (Misleading Domain Names on the Internet), the Commission referred the new offense to § 2G3.1 and provided a two-level enhancement if “the offense involved the use of a misleading domain name on the internet with the intent to deceive a minor into viewing material on the internet that is harmful to minors.” Amendment 664, effective November 1, 2004.
Commission increases penalties for sexual abuse of a ward, abusive sexual contact, and sexual contact without permission. (215) In response to a directive in the Protect Act, the Commission increased the base offense level in § 2A3.1 from level 27 to level 30. It also increased the offense levels for two specific offense characteristics in § 2A3.2, increasing the enhancement for custody, care or supervisory control from 2 to 4 levels, and the enhancement for misrepresentation or undue influence from 2 to 4 levels. The Commission also increased the base offense level for sexual abuse of a ward under § 2A3.3 from level 9 to level 12 and increased the alternative base offense levels in § 2A3.4 (abusive sexual contact) to level 20, 16, or 12, depending on the conduct involved in the offense. The levels are presently 16, 12, or 10. Amendment 664, effective November 1, 2004.
Commission increases base offense level for involuntary manslaughter. (210) The Department of Justice, some members of Congress, and an ad hoc advisory group on native American sentencing issues expressed concern that most federal involuntary manslaughter cases involve vehicular homicides, and these offenses appeared to be underpunished, compared to comparable cases arising under state law. Accordingly, the Commission increased the base offense level in § 2A1.4(a)(2) for reckless involuntary manslaughter from level 14 to level 18 and for criminally negligent involuntary manslaughter in § 2A4.1(a)(1) from level 10 to level 12. Amendment 652.
Commission says increase for dangerous weapon in aggravated assault is not improper double counting. (210) The Fourth Circuit, in U.S. v. Williams, 954 F.2d 204, 205-08 (4th Cir. 1992), found no improper double counting in applying the dangerous weapon enhancement under § 2A2.2(b)(2)(B) even though defendant’s use of a chair as a dangerous weapon was also the basis for applying the aggravated assault guideline. On the other hand, the Second Circuit, in U.S. v. Hudson, 972 F.2d 504, 506-07 (2d Cir. 1992), held it was improper double counting to consider defendant’s use of an automobile to (1) classify the crime as an aggravated assault, and (2) increase the base offense level under § 2A2.2(b) for use of the same, non-inherently dangerous weapon. The Commission resolved the conflict in favor of the Fourth Circuit, providing that both the base offense level of 15 and the weapon use enhancement in subsection (b)(2) shall apply to aggravated assaults that involve a dangerous weapon with intent to cause bodily harm. Amendment 614, effective November 1, 2001.
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Miguel Angel Ríos
Miguel Angel Ríos, Endless, Installation view, 2015.
Opening Reception with the Artist: Tuesday, September 15, 2015, 6-8 pm
Sicardi Gallery is pleased to present its second solo exhibition of work by Miguel Angel Ríos. The exhibition, Miguel Angel Ríos: Endless, opens with a reception from 6-8 pm, Tuesday, September 15. The artist will be present.
Known internationally for video installations which take the sociopolitical and geographic landscapes of the Americas as their conceptual and literal ground, Miguel Angel Ríos challenges notions of territory, consumption, immigration, and exchange. In this exhibition, he will show two new videos, Endless and Piedras Blancas (2015 and 2014), alongside the works on paper--photographs and drawings--that are an integral part of his creative process.
Miguel Angel Ríos (b. 1943, San José Norte, Argentina) studied at the Academy of Fine Arts in Buenos Aires. In the 1970s, he moved to New York, and he currently divides his time between New York and Mexico City. Ríos has had solo exhibitions at the Des Moines Art Center (2012), the Museo Carrillo Gil (2011), the Museum of Contemporary Art San Diego (2009), the Blaffer Art Museum (2007), Miami Art Museum (2006 and 2005), the Dallas Museum of Art (2006), the Hirshhorn Museum and Sculpture Garden (2005), Ludwing Forum für Internationale Kunst (2005), the Torino Triennale (2005), Artists Space, New York (2003), and the New Museum of Contemporary Art in New York (1993). His solo exhibition Landlocked will open at the Arizona State University Art Museum in September 2015.
Ríos's work is included in numerous collections, including The Museum of Modern Art, New York; La Maison Européenne de la Photographie, Paris; Hirshhorn Museum and Sculpture Garden, Washington DC; Philadelphia Museum of Art; Miami Art Museum; Patricia Cisneros Collection, New York; The Phoenix Art Museum; The Museum of Fine Arts, Houston; Centro de Arte Contemporáneo Reina Sofia, Madrid; and the Museo de Arte Latinoamericano (MALBA), Buenos Aires, among many others.
For more information, please contact the gallery at press@sicardi.com or call 713.529.1313.
Musée d'Art Moderne, Saint-Etienne Métropole
Museo de Arte Moderno, Buenos Aires
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By Alexey Sysov February 12, 2020
What Star Wars Can Teach Us About Network Security
“RED 5, STANDING BY”
After millions of movie fans around the world anticipated the opening of Star Wars: The Rise of Skywalker, the third film of the third Star Wars trilogy, there’s one very important fact to remember: It all started with an overlooked security flaw.
You may remember when George Lucas first took us to “a galaxy far, far away,” an unprotected thermal exhaust port on the Death Star (the Empire’s planet-killing satellite) made Luke Skywalker a hero and put him on the path to Jedi knighthood.
Following Obi-wan Kenobi’s advice to “use the Force,” Luke fired the shot—into a hole in the Death Star’s surface just two meters across — about the size of a womp rat — that started the chain reaction that destroyed the Death Star and saved the Rebel Alliance from annihilation.
A simple action that ended in disaster (for the bad guys, of course!) should be a lesson to administrators, IT heads, and frontline database users everywhere. All it takes is one small gap, one unguarded vulnerability, to destroy everything you have worked to build. Awareness, scrutiny, and attention to detail will make your little world safe and secure— no matter how hard your enemies will try.
What Experts are Saying About Network Security
According to one expert, the first step in addressing the problem is rethinking how you see data.
“People need to understand that data doesn’t exist the way they think it exists,” says Andrés Arrieta, Director of Consumer Privacy Engineering for the Electronic Freedom Frontier (EFF).
Drawing on his career as a telecom engineer, Arrieta joined the San Francisco-based non-profit that has sought to enhance transparency and protect consumer privacy and free speech rights in the internet marketplace for nearly 30 years. Arrieta works to raise awareness of the structural failures that lead to privacy breaches and create tools to protect against them.
“When people access a data file, they think they get it from a database, and when they’re done with it, they put it back in the database and there it stays until they take it out again,” he says. “But that’s not how it works.”
Arrieta explains that databases don’t work in isolation. They are linked to other databases, which all communicate with each other. So while a particular file may have its “home” in one database, it can also “exist,” in a general sense, in every other database connected to its home.
The Drawer Example
To understand this phenomenon, imagine a room full of filing cabinets, numbered 1 through 100. The file you need is in the top drawer of Filing Cabinet 33. But when you open the top drawer of Filing Cabinet 33, you don’t just see the contents of that drawer or the contents of every drawer in Filing Cabinet 33; you see the contents of all of the drawers of all of the filing cabinets. That, Arrieta explains, is how database networking works.
What many people don’t understand – even many IT security experts – is to secure the files in the top drawer of Filing Cabinet 33, you have to secure every drawer in every filing cabinet in the room. That is, every access point in the database must be secure, or the entire network is at risk.
Arrieta describes a scenario he’s seen many times, where two networks are linked together, and one contains very sensitive private data, and the other does not. While the “sensitive” network may have high-level security at its entry points, the non-sensitive network does not. And even when the IT team is aware that the non-sensitive network is attached to the sensitive network, they may not be aware that the security of the one is tied to the security of the other.
“A hospital, for example, may have several networks,” Arrieta says. “One is for patient data, with medical history, test results, and private information. Another might be the hospital’s AC system and IoT controls. So the network that controls temperature and airflow around the hospital and links with beds and other equipment to monitor patient care is connected to the one that handles all of the private data. And the controls network maybe doesn’t have the same level of security.”
The lesson, Arrieta says, is that every network, and every network of networks, is only as secure as its least secure component.
The Dark Side of Networks
This scenario played out in real life, in the worst health care data breach of 2019. American Medical Collections Agency (“AMCA”) was a billing company that contracted with hospitals, clinics, doctors’ offices, and laboratories all over the United States. Between August 2018 and March 2019, it was the target of a hacking attack that struck not only AMCA, but many of its clients’ databases as well. In all, about 25 million patient files were breached from at least 21 companies, driving AMCA into bankruptcy and triggering congressional inquiries.
While it’s not clear where exactly the initial breach occurred – that is, at AMCA itself or through one of its client companies – Arrieta says the AMCA data breach case shows the real-world consequences of a security failure at one database affecting many, many others.
Don’t Take Your Safety For Granted
It serves as an important learning opportunity for security administrators everywhere. If you rely on the belief that “your” network is safe, you may find yourself becoming a victim anyway. A recent report issued the National Cyber Security Alliance, based on a Zogby Analytics survey of 1008 small businesses with up to 500 employees, found that after suffering a data breach 10% went out of business, 25% had to file for bankruptcy and 37% experienced a financial loss.
If your network is connected to any other network, your network is as vulnerable as the other network, and every network that network is connected to.
To maximize your protection, there are simple steps you can take:
frequently reassess your security system
regularly monitor its effectiveness
update your hardware, firmware, and software to make sure it’s operating at its peak
follow best-practices in authentication for database access, including randomizing usernames and passwords
run systematic training of all staff to ensure compliance with security protocols and practices
Moreover, as Arrieta and the AMCA example tell us, you have to be ready to ask your collaborators and partners to do the same. Because your business’s security depends on their vigilance as much as yours, and the Dark Side is always waiting to exploit a weakness (even though in this example, it was the Light Side that did the exploiting!)
Alexey Sysov
Alexey has been a technology and business analyst consultant, technological researcher in the fields of AI, Security, Data Ethics and a mature tech copywriter at Elinext for the last 3 years. Passionate about transforming businesses by applying technology solutions to grow revenue and efficiency. Trends-driven, hardworking and quick learner who strives under pressure.
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Dubai Chain to Be Rare Middle Eastern Hotelier Expanding to U.S.: Sign of Things to Come?
Expanding in a pandemic is a bold move unto itself. But Dubai-based Leva Hotels’ plans to operate hotels in the U.S. are doubly courageous — and its success or failure will be closely watched back in the Middle East.
While many companies are putting big moves on hold due to the global pandemic, one hotelier is staying busy. Dubai-based Leva Hotels is expanding to the United States by partnering with Vackma LLC, in a move announced earlier this month.
The deal comes as Leva looks at expansion in several different parts of the globe. The move occurs at a time when the hotel industry continues to grapple with the coronavirus, forcing some brands to even have layoffs.
“We are proud to launch the LEVA brand in USA partnering with a prestigious group such as VACKMA. The tie-up is part of our strategic growth plan and steadfast vision and, demonstrates the resilience of our brand despite the recent industry challenges. We look forward to a successful collaboration with VACKMA to expand LEVA Hotels in the US,” JS Anand, Leva’s founder and chief executive officer, said.
Vackma will operate mid-level, three and four-star hotels under the Leva brand.
“We are delighted to partner with LEVA Hotels that holds great potential for growth. We are confident it will serve as a refreshing choice, offering superior brand standards and exceptional management options to hotel owners, with flexible terms tailored for diverse market segments. At VACKMA we help bridge the gap between owner’s vision and today’s market needs and LEVA is a perfect fit in our scheme,” Vackma founder and CEO Anton Muller said.
The companies did not specify which U.S. cities they may be eyeing.
The move is a rarity, as few Middle Eastern hotel brands come to the U.S., said Richie Karaburun, a clinical assistant professor at the New York University’s School of Professional Studies at the Jonathan M. Tisch Center of Hospitality. He said the opposite is more likely, with American brands like Marriott, Hilton, and Ritz Carlton looking to grow their footprints in the Middle East.
In the U.S., the current JW Marriot Essex House in New York City used to be under Jumeirah, a hotel chain based in Dubai, from 2006 to 2012.
Now, the question is whether Leva’s move to the U.S. is a sign that other Middle Eastern hospitality companies will follow.
Karaburun said that the success of a chain depends on marketing, and creating brand awareness.
“It all depends on the marketing, and knowing both culture and seeing the emotional connection, finding the connection between the U.S. customers and the brand,” he said.
One brand that he mentioned as seemingly doing well is Marmara, based in Turkey, which currently operates two hotels in New York City, on the Upper East Side and on Park Avenue.
Leva Hotels executives were not immediately available for comment.
Tags: coronavirus, hospitality, middle east
Photo Credit: Skyline of Dubai. Dubai-based Leva Hotels is expanding into America, which could be a sign of the future. Trey Ratcliff / Visual Hunt
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Support Michigan's Front Line Workers
Union members in the public sector are once again under attack and need our support. The Snyder-appointed Civil Service Commission is using the cover of a global pandemic to engage in underhanded union busting targeted at State of Michigan workers. This is not only an attack on dedicated state employees, but also their ability to provide quality public services to the people of Michigan. At a time when state workers have been on the frontlines of protecting the people of Michigan from the coronavirus, these anti-worker commissioners are trying to undermine the right of state employees to collectively bargain. Stand with our brothers and sisters and tell the Civil Service Commission to end these anti-union attacks.
Call your Representative’s office right now at 1-866-287-6350, and call your Senator’s office at 1-888-329-5096. Make sure you let them know who you are, where you live, and that any federal legislation dealing with this pandemic protects frontline workers and working families across America.
Share your story about the late UAW President Emeritus Owen Bieber
Owen Bieber touched the lives of many during his career, including many UAW members and their families. During his 12 years leading the world’s most powerful union that was 1.1 million members strong, he had a hand in supporting struggles for human rights from Africa to Eastern Europe, and advising President Bill Clinton on labor and economic issues.
Bieber’s work as a union leader went beyond rallies and negotiations. The UAW supported labor and civil rights movements with leaders across the globe, where the stakes were about more than higher wages. He is a leader that will be missed, but never forgotten. Do you have a story about Owen? We'd like to hear it!
Sign up for UAWire
Learn more about everything UAW. Member info, community topics, economic and social justice and more.
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DM-2 First Crewed Flight
Dm-2 was Scheduled launch for May 27th, 2020 4:32pm EDT but due to adverse weather conditions, the launch was postponed until Saturday May 30th, when it successfully lifted off at 15:22:45 EDT
Will be the first time since STS-135 that an astronaut crew is being launched to the space station from US soil.
The Crew Demo-2 was planned for launch in July 2019 with a crew of two on a 14-day test mission to the International Space Station (ISS), but the mission was delayed due to a testing incident that occurred in April 2019. According to the NASA's current schedule, this mission will be the first crewed flight of an American spacecraft into orbit since STS-135 in July 2011.
On April 20, 2019, the Crew Dragon capsule from the Demo-1 mission was destroyed during static fire testing of its SuperDraco thrusters, ahead of its planned use for an inflight abort test. On May 28, 2019, NASA announced that "SpaceX is working to get the newly assigned Demo 2 capsule ready for flight 'by the end of the year [2019].'" On June 20, 2019, DM-2 was tentatively scheduled for 15 November 2019, followed by the first crewed flight of Boeing's Starliner on November 30, 2019.In July 2019, the mission's launch has been further postponed to 17 December 2019.
Approximately 3 1/2" wide by 4" tall
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Home \ App \ Gragson Eyeing Big Late Model Wins Before Truck Series Season
Gragson Eyeing Big Late Model Wins Before Truck Series Season
Noah Gragson is about to embark on his first full season in the NASCAR Camping World Truck Series, but before he does that he has a pair of big Super Late Model races he’ll attempt to win. Gragson plans to enter both the Chilly Willy at Tucson Speedway in Arizona and the SRL Winter Showdown at Kern County Raceway in California during the month of February.
Gragson, a native of Las Vegas, ran both of these races in 2016 and scored fifth-place finishes in each. However, Gragson noted that the two races couldn’t be more different.
“(The Chilly Willy) is a weird race because Tucson is really worn out,” Gragson said. “It’s 150 laps on one set of tires so you really have to save your tires. We spent most of the race trying to save as much as possible, just like other guys. We ran three wide and then the leaders caught us and they made it four wide. We were just riding around almost a lap down. There’s a lot of strategy involved. I’m looking forward to it. I really want to win that one.”
Kern County has like-new pavement since the facility just opened in 2013. That makes the Winter Showdown a race that’s less about saving tires and more about surviving.
“That race usually ends with about 10 or 15 cars left on the race track,” he said. “I just want to keep it clean the whole race. It’s a long race. If I can stay on the lead lap, keep my nose clean and just be there at the end I definitely think we’ll have a shot at it.”
Gragson has run the last two years with Jefferson-Pitts Racing in the NASCAR K&N Pro Series. Since he is making the jump up to the Truck Series with Kyle Busch Motorsports, Gragson will see very limited – if any – K&N Pro Series action in 2017. For that reason alone, this year’s Winter Showdown is very special to Gragson as it is currently the last race he has scheduled with Jefferson-Pitts Racing.
“They’re a great group of guys and we have a lot of fun at the race track and I think that’s why we succeeded in the past,” Gragson said. “I’ll have Jeff Jefferson crew chiefing me. He was with Gracin Raz last year and their hopes kind of unfortunately got taken away. Hopefully we can get one for him this year.”
Ironically, Gragson was the reason why Jefferson’s chances of winning the Winter Showdown with Raz were taken away. Gragson made contact with Raz, his very good friend, late in the race and Raz crashed as a result.
“He was the fastest car on the race track by far and I just drove a little bit over my head. It was completely my fault. I felt really bad and still do.”
Gragson said he thinks he has a strong chance of making up for that incident by winning the Winter Showdown this year. He said he also thinks he has a good chance at winning the Chilly Willy the week before at Tucson with Dustin Ash Motorsports. Gragson said he likes the longer distance races and he believes that will show in both events.
“I like the long races when it doesn’t necessarily come down to the fastest car at the end of the race. You have to have tires on it. (At the Chilly Willy) it’s 149 laps leading up to that last lap. It’s the best prepared team and the best prepared driver and the person who sticks to their strategy the best.”
While Gragson will obviously be thrilled with a win in either race, it’s the big check for $30,000 for the Winter Showdown that he really has his eyes on.
“It would mean the world to me. I’ve never won an actual Super Late Model race. I’ve won some weekly races, but I’ve never won a touring series race that all of the big dogs go to for the big money. I’ve never been in a race where I’ve won and gotten a check in victory lane. I know they do that at the Winter Showdown.”
-By Rob Blount, Speed51.com Southeast Editor – Twitter: @RobBlount
Chilly Willy, Kern County Raceway, NASCAR Camping World Truck Series, NASCAR K&N Pro Series, Noah Gragson, SRL Winter Showdown, Tucson Speedway
NAPA Challenge Offers K&N West Teams Big Bonuses
Rocky Mountain to Host West Coast Late Model Civil War
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B. J. Harrison Reads The Dunwich Horror and Other Tales
"The Colour Out of Space", "The Call of Cthulhu" and 15 more stories are combined in the collection "The Dunwich Horror and Other Tales". Horror, supernatural occurrences, science fiction and fantasy intertwine in order to give you goosebumps and send shivers up and down your spine. B. J. Harrison started his Classic Tales Podcast back in 2007, wanting to breathe new life into classic stories. He masterfully plays with a wide array of voices and accents and has since then produced over 500 audiobooks. Now in collaboration with SAGA Egmont, his engaging narration of these famous classics is available to readers everywhere. H. P. Lovecraft was an American author who lived in the period 1890-1937. His literary legacy consists of many short stories, weird fictions, horror novels and a series of fantasy works. He was not so well received during his lifetime but became more popular after his death. He is best known for the so called Cthulhu Mythos, which is a shared fictional universe that run throughout several of his works. He dealt with serious topics was deeply affected by interwar period, which led his novels to focus more on the humanity’s place in the universe in later life. "The Case of Charles Dexter Ward", "The Shadow over Innsmouth" and "At the Mountains of Madness" are some of his most popular short novels today.
Published bySAGA Egmont
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In Pursuit of a Story Well Told
Combining the strategic insight of a creative agency and the cinematic skills of a documentary production company, Vignette is uniquely focused on producing beautifully crafted stories. We work with brands and organizations that have something to say. Real stories to tell. We help them dig deep to find their best story opportunities and develop them into concepts that show the heart and soul of who they are.
Story is Everything
Story-Driven Strategy
Content Strategy & Story Development
At the heart of every great brand, there are compelling human stories to be discovered and shared. But sometimes the best stories lie just beneath the surface. That’s where we come in. Our roots in documentary filmmaking and photojournalism define our style and sensibility and provide the starting point for our creative approach.
With a journalist's curiosity and a filmmaker’s eye we work to uncover stories and develop smart strategies for meaningful narrative and visual content. Sometimes a single still image is the most powerful solution. Sometimes it's a twenty minute film. In today’s landscape it’s often 'all of the above', which is why we design productions that yield a rich body of content and have the legs to play out across web, broadcast, print and social channels.
Vision to Reality
Pre-production is the difference between a simply good story and an amazing one. Crafting cinematic stories about the lives of real people requires experience and attention to detail. Though it may sound boring, obsessing over casting, scouting, and logistics is what connects script to screen, vision to reality. It’s the most important and sometimes neglected phase of a project. We take it very seriously (and we make it fun).
To be honest, this part is why we do this in the first place. To immerse ourselves in real stories, connect with people from all walks of life, and craft really beautiful films and photography. We’ll go the ends of the earth and take sleepless nights to get the shot - it’s just what we do when we’re excited about a story. We bring that same passion and dedication to the entire post-production process, staying connected to the story from the first to final cut.
A thousand tiny choices shape every film, from producing and shooting to editing, sound, color, and graphics. We make sure each decision adds up to something special, something greater than the sum of its parts. Something worthy of your story.
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https://storywarrant.com/2020/09/28/trump-speaks-out-about-nyt-report-on-tax-returns-calls-it-fake-news">
Trump Speaks Out About NYT Report On Tax Returns, Calls It ‘Fake News’
by Michael Cantrell on September 28, 2020
The following article, Trump Speaks Out About NYT Report On Tax Returns, Calls It ‘Fake News’, was first published on Flag And Cross.
President Trump has come out and released a comment on the current New York Times story that was published, alleging he only paid $750 in federal income taxes for the years of 2016 and during his first year in office.
The NYT published this report on Trump’s financial information, which is something that he’s managed to keep out of the public eye for the majority of his first term in the White House, on Sunday.
Conveniently for Democrats, this report comes just several days before the first presidential debate between Biden and Trump.
via Washington Examiner:
Asked to respond to the New York Times’s reporting, Trump said the report about years of tax avoidance was not accurate, and he would release his tax returns once they are no longer under audit.
“That is fake news. That is totally fake news,” Trump said.
“Actually, I pay taxes. You will see that as soon as my tax returns, it’s under audit,” he added later. “It’s been under audit for a long time. The IRS does not treat me well. They treat me like the Tea Party, like they treated the Tea Party. And they don’t treat me well. They treat me very badly.”
The New York Times report also said Trump paid no federal taxes in 10 of the last 15 years “largely because he reported losing much more money than he made.” A lawyer for the Trump Organization, Alan Garten, told the outlet that “most, if not all, of the facts appear to be inaccurate” and claimed the president “has paid tens of millions of dollars in personal taxes to the federal government, including paying millions in personal taxes since announcing his candidacy in 2015.”
Now, the question everyone should be asking right now is whether or not those involved in collecting any sort of information like this and releasing it to the public have violated any laws. They likely have, which does not look good for the left going into the final stretch of campaign season.
The president went on to say that he’s paid state and local taxes over the years, but didn’t provide any further details.
“I’ve paid a lot, and I’ve paid a lot of state income taxes, too,” Trump said to the press. “The New York state charges a lot, and I paid a lot of money in state [taxes]. It’ll all be revealed. It’s going to come out, but after the audit is done. They’re doing their assessment. We’ve been negotiating for a long time. Things get settled like in the IRS, but right now, when you’re under audit, you don’t do that. So we’re under audit, but the story is a total fake.”
Democrats are getting desperate to ensure Biden wins this election. Thus, they are pulling out all the stops against the president to try and shoot down his campaign and the momentum he’s garnered for his second term. Doesn’t seem like they are doing a very good job of this.
Continue reading: Trump Speaks Out About NYT Report On Tax Returns, Calls It ‘Fake News’ ...
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Bill Gates paid himself one dollar a year, his mansion was tax deductible because it is where he conducted business intertaining clients and dignitaries for his company. Meals and travel were free paid through the company for clients and meetings. So yes, Trump also lived this way. The only time he got a wage when he bought clothes and accessories for loved ones and family, only then he paid taxes but all he taxes were from the businesses which is a vast amount. Study your tax deductions forms especially small or vast size business.
Trump Downplays Dainty Despot and His Recent Rocket Launches
Trump Slams ‘Crazy Nancy’ After Clip Allegedly Exposes Her Son’s Shady Ukraine Dealings
FLASHBACK: AOC Supporters Show True Colors, Call for Death of GOP Congressman
ICYMI: Biden At Mississippi Baptist Church — President Trump Is A ‘Boll Weevil’ (Watch)
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Philadelphia Eagles Team History
Philadelphia Eagles Team Formation
In exchange for an entry fee of $2,500, the Bell Wray group was awarded the assets of the failed Yellow Jackets organization. Drawing inspiration from the insignia of the centerpiece of President Franklin D. Roosevelt’s New Deal, the National Recovery Act, Bell and Wray named the new franchise the Philadelphia Eagles. Neither the Eagles nor the NFL officially regard the two franchises as the same, citing the aforementioned period of dormancy. The Eagles simply inherited the NFL rights to the Philadelphia area. Also, almost no players from the 1931 Yellow Jackets ended up with the 1933 Eagles.
Bell/Rooney and Thompson Swapped Franchises
The 1940s would prove a tumultuous and ultimately triumphant decade for the young club. In 1940, the team moved from Philadelphia Municipal Stadium to Shibe Park. Lud Wray’s half-interest in the team was purchased by Art Rooney, who had just sold the Pittsburgh Steelers to Alexis Thompson. Soon thereafter, Bell/Rooney and Thompson swapped franchises, but not teams. Bell/Rooney’s entire Eagles’ corporate organization, including most of the players, moved to Pittsburgh The Steelers’ corporate name remained “Philadelphia Football Club, Inc.” until 1945 and Thompson’s Steelers moved to Philadelphia, leaving only the team nicknames in their original cities. Since NFL franchises are territorial rights distinct from individual corporate entities, the NFL does not consider this a franchise move and considers the current Philadelphia Eagles as a single unbroken entity from 1933.
Merge of Philadelphia and Pittsburgh – Steagles
After assuming ownership, Thompson promptly hired Greasy Neale as the team’s head coach. In its first years under Neale, the team continued to struggle. In 1943, when manpower shortages stemming from World War II made it impossible to fill the roster, the team temporarily merged with the Steelers to form a team popularly known as the “Steagles.” The merger, never intended as a permanent arrangement, was dissolved at the end of the 1943 season. This season saw the team’s first winning season in its 11-year history, with a finish of 5-4-1. In 1944, however, the Eagles finally experienced good fortune, as they made their finest draft pick to date: running back Steve Van Buren. At last, the team’s fortunes were about to change.
Veterans Stadium Opens for the Eagles
In 1971, the Eagles moved from Franklin Field to brand new Veterans Stadium. In its first season, the “Vet” was widely acclaimed as a triumph of ultra-modern sports engineering, a consensus that would be short-lived.
Veterans Stadium (informally called “The Vet”) was a multi-purpose stadium located at the northeast corner of Broad Street and Pattison Avenue, in Philadelphia, Pennsylvania, as part of the South Philadelphia Sports Complex. The listed seating capacities in 1971 were 56,371 for baseball.
Jeffrey Lurie Purchase
Five months later, Smith agreed to let his nephew buy the Eagles. Lurie contacted Norman Braman, then-owner of the Eagles. Lurie bought the Philadelphia Eagles on May 6, 1994 from Braman for $195 million. Lurie and his mother, Nancy Lurie Marks of Chestnut Hill, Massachusetts Philip Smith’s only daughter borrowed an estimated $190 million from the Bank of Boston to buy the Eagles.
The club is now estimated to be worth $1.164 billion, as valued in 2011 by Forbes.
Lincoln Financial Field is the home stadium of the National Football League’s Philadelphia Eagles and the Temple Owls football team of Temple University. It has a seating capacity of 69,176. It is located in South Philadelphia on Pattison Avenue between 11th and South Darien streets, also alongside I-95 as part of the South Philadelphia Sports Complex. Many locals refer to the stadium simply as “The Linc”.
The stadium opened on August 3, 2003, after two years of construction that began on May 7, 2001, and replaced Veterans Stadium as the Eagles’ home stadium. While its total capacity barely changed, the new stadium contains double the number of luxury and wheelchair-accessible seats, along with more modern services.
Super Bowl LII Winner 2018
Super Bowl LII was the 52nd Super Bowl and the 48th modern-era National Football League (NFL) championship game to determine a champion for the 2017 season. The National Football Conference (NFC) champion Philadelphia Eagles defeated the American Football Conference (AFC) champion and defending Super Bowl champion New England Patriots, 41–33, to win their first Super Bowl, and denied the Patriots a record-tying sixth Super Bowl win; the loss tied the Patriots with the most Super Bowl losses with the Denver Broncos with five.
The game was held on February 4, 2018, at U.S. Bank Stadium in Minneapolis, Minnesota, United States. It was the second Super Bowl in Minneapolis, which hosted Super Bowl XXVI in 1992. It was the sixth Super Bowl in a cold-weather city, and marked a return to the northernmost city to ever host the event.
Super Bowl LII was the first Super Bowl victory for the Eagles, who lost to the Patriots in Super Bowl XXXIX and to the Raiders in Super Bowl XV. The Patriots became the first team to appear in consecutive Super Bowls since the Seattle Seahawks in Super Bowls XLVIII and XLIX.
Eagles Primary Logo
Eagles Alternate Logo
Eagles Wordmark Logo
Eagles Concept Logo
The Philadelphia Eagles are a professional American football franchise based in Philadelphia, Pennsylvania. The Eagles compete in the National Football League (NFL) as a member club of the league’s National Football Conference (NFC) East division.
The franchise was established in 1933 as a replacement for the bankrupt Frankford Yellow Jackets, when a group led by Bert Bell secured the rights to an NFL franchise in Philadelphia. Bell, Chuck Bednarik, Bob Brown, Reggie White, Steve Van Buren, Tommy McDonald, Greasy Neale, Pete Pihos, Sonny Jurgensen, and Norm Van Brocklin have been inducted to the Pro Football Hall of Fame.
1933 – Present / National Football League
1933 – Present / Philadelphia Eagles
Eagles – In 1933, Bert Bell and Lud Wray purchased the bankrupt Frankford Yellowjackets. When Bert Bell established his NFL franchise in Philadelphia in 1933, the country was struggling to recover from the Great Depression. New president Franklin D. Roosevelt had introduced his “New Deal” program through the National Recovery Administration, which had the Eagle as its symbol. Since Bell hoped his franchise also was headed for a new deal, he picked Eagles as the team name.
Super Bowl 1
NFL Championships 3
2003 – Present / Lincoln Financial Field
1971 – 2002 / Veterans Stadium
1940, 1942 – 1957 / Connie Mack Stadium
1940 – 1953 / Shibe Park
1936 – 1939, 1941 / Philadelphia Municipal Stadium
1933 – 1935 / Baker Bowl
1994 – Present / Jeffrey Lurie
1986 – 1994 / Norman Braman
1985 / Norman Braman and Ed Leibowitz
1969 – 1985 / Leonard Tose
1963 – 1969 / Jerry Wolman
1946 – 1963 / Alexis Thompson
1940 – 1946 / Bell and Alexis Thompson
1933 – 1940 / Bert Bell and Lud Wray
Who is the greatest Philadelphia Eagles?
Al Wistert
Steve Van Buren
Mike Vick
Tom Brookshier
5 / Donovan McNabb
15 / Steve Van Buren
20 / Brian Dawkins
40 / Tom Brookshier
44 / Pete Retzlaff
60 / Chuck Bednarik
70 / Al Wistert
92 / Reggie White
99 / Jerome Brown
Phoenix Cardinals
Chicago Cardinals
Chicago Staleys
Decatur Staleys
Portsmouth Spartans
Titans of New York
Tennessee Oilers
Boston Redskins
Proposed Teams
Baltimore Bombers
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About Senior Services North Fulton
For nearly 30 years Senior Services North Fulton has been at the forefront of efforts to eliminate senior hunger and provide additional care and support to the region’s growing population of older adults. In addition to our Meals on Wheels program, we provide transportation to medical appointments and “quality of life trips” for home bound seniors, and we operate 7 senior centers that enrich the lives of hundreds of local seniors each week. Our agency is a resource for all senior-related care and support needs in the community.
Caring for the senior population in Fulton County is a community effort! In addition to state funding, we are supported by individual donors, local companies, civic groups, and more than 500 volunteers. We are proud of our community partners and the contributions they make to improve the lives of older adults. Investing in nonprofits like Senior Services North Fulton impacts the quality of life for everyone in the community.
In need of assistance, call us. We are here to help!
To provide services and support for seniors to enhance their quality of life and independence in our community.
A community where all older adults are revered, cared for, and supported to live meaningful and productive lives.
Senior Services North Fulton was founded in 1991 to provide programs and services for older adults who live in the 6 cities of North Fulton – Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy Springs. In 2019 we assumed responsibility of three additional senior centers, extending our reach into the city of Atlanta.
Through the generous support of local organizations, individuals, corporations, foundations, and the Fulton County Office of Aging, Senior Services has expanded to meet the greatest needs of area seniors. In addition to our seven senior centers, we offer Meals on Wheels, Meals on Wheels for Pets, transportation programs, in-home services, senior health and wellness initiatives, advocacy, resources and referral services.
Dorothy C. Benson, who passed in November 2018, served as first Board Chair of Senior Services North Fulton. Her mission was to actively work on behalf of older adults. She was often seen on panels at community meetings, voicing her support for services for older adults.
In 2016 we celebrated our 25th anniversary of serving seniors in North Fulton. We are honored by our many generous and compassionate volunteers who have been engaged with the organization for as many years. Volunteers are at the heart of our organization and without them we could not carry out our mission.
At Senior Services North Fulton, 2018 was filled with Care, Community, and Compassion. Take a look at everything accomplished!
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Income Tax (Exemption of Income from Syndicated Offshore Facilities) (Amendment) Regulations 2009
1.—(1) These Regulations may be cited as the Income Tax (Exemption of Income from Syndicated Offshore Facilities) (Amendment) Regulations 2009 and shall, with the exception of regulation 5, be deemed to have come into operation on 17th January 2008.
2. Regulation 2 of the Income Tax (Exemption of Income from Syndicated Offshore Facilities) Regulations 2003 (G.N. No. S 183/2003) (referred to in these Regulations as the principal Regulations) is amended by inserting, immediately before the definition of “offshore credit facility”, the following definitions:
“ “corresponding Regulations” means the Income Tax (Income from Syndicated Offshore Credit and Underwriting Facilities) Regulations (Rg 4);
“FRS 39” has the same meaning as in section 34A of the Act;
(c) by deleting paragraphs (2A) to (2D) and substituting the following paragraphs:
“(2A) For the purposes of paragraphs (1) and (2) —
(c) the deduction of donations shall as far as possible be made against the income to be exempted from tax for the year of assessment relating to the year in which the donations were made and, so far as the deduction cannot be so made, then against the income to be exempted from tax for the subsequent year of assessment, and so on; except that any balance of the donations not deducted against the income to be exempted from tax for the fifth year of assessment after the year of assessment relating to the year in which the donations were made shall be disregarded.
(2B) Where the income to be exempted from tax under regulation 4(1) is income referred to in regulation 6(5)(b) or 7(6)(b), then the income to be so exempted shall be further reduced by the amount of deemed income referred to in regulation 6(5) or 7(6).”.
6.—(1) Any balance of the losses, capital allowances and donations referred to in regulation 5(1) and (2) remaining unabsorbed on the day the specified financial institution permanently ceases to provide any syndicated offshore facility, or any approved syndicated offshore credit or underwriting facility or syndicated guarantee facility referred to in the corresponding Regulations, shall be available as a deduction —
(a) for the year of assessment which relates to the basis period in which the institution permanently ceases to provide such facility, against the following income of the institution and in the following order:
(iii) any income subject to tax at the rate of tax specified in section 43(1)(a) of the Act; and
(b) so far as the deduction cannot be allowed under sub-paragraph (a), for any subsequent year of assessment against any income of the institution referred to in sub-paragraph (a)(i), (ii) and (iii) and in the order specified therein.
(2) Capital allowances may be deducted under paragraph (1) only if the specified financial institution continues to carry on the same trade or business in respect of the gains or profits of which the allowances falls to be made, and the allowances shall be disregarded if the institution has ceased to do so.
(a) a deduction has been allowed under paragraph (1)(a) or (b) to a specified financial institution for the year of assessment relating to any basis period (referred to in this paragraph as the initial basis period); and
(b) the institution derives exempt income in any basis period subsequent to the initial basis period (referred to in this paragraph as the subsequent basis period),
then an amount equal to the lower of the following shall be deemed to be income derived by the institution in the subsequent basis period and chargeable to tax at the rate of tax of 5% for the year of assessment relating to that basis period:
(i) the amount of the deduction allowed under paragraph (1)(a) or (b), less any amount or amounts deemed to be income of the institution by virtue of one or more earlier applications of this paragraph; and
(6) In paragraph (5), "exempt income" means income that is exempt from tax under regulation 4(1), or under regulation 3(2) of the corresponding Regulations.
7.—(1) Any bad debt, provision for doubtful debt or impairment loss in respect of a syndicated offshore facility that is allowable as a deduction under the Act in any year of assessment to the specified financial institution that provided the facility, being the year of assessment relating to any basis period that is subsequent to the basis period in which the institution permanently ceases to provide any syndicated offshore facility, or any approved syndicated offshore credit or underwriting facility or syndicated guarantee facility referred to in the corresponding Regulations, shall be deducted in the following manner:
(a) for that year of assessment, against the following income of the institution and in the following order:
(2) Section 37B of the Act shall apply, with the necessary modifications, to a deduction under sub-paragraphs (a) and (b) of paragraph (1) as if the bad debt, provision for doubtful debt or impairment loss available as a deduction under those sub-paragraphs were unabsorbed losses of the institution in respect of income subject to tax at the rate of tax of 5%.
(3) Section 37(12) to (17) of the Act shall apply, with the necessary modifications, to a deduction under sub-paragraphs (a) and (b) of paragraph (1) as if the bad debt, provision for doubtful debt or impairment loss available as a deduction under those sub-paragraphs were a loss incurred by the institution in a trade or business.
(a) any bad debt or provision for doubtful debt has been allowed as a deduction to a specified financial institution under paragraph (1)(a) or (b); and
then the amount of the bad debt recovered or provision written back shall be deemed to be income derived by the institution in the basis period in which the bad debt is recovered or the provision written back and chargeable to tax at the rate of tax of 5% for the year of assessment relating to that basis period.
(a) any impairment loss has been allowed as a deduction to a specified financial institution under paragraph (1)(a) or (b); and
then the amount of the reversal shall be deemed to be income derived by the institution in the basis period in which the reversal is made and chargeable to tax at the rate of tax of 5% for the year of assessment relating to that basis period.
(7) In paragraph (6), “exempt income” means income that is exempt from tax under regulation 4(1), or under regulation 3(2) of the corresponding Regulations.”.
(a) a deduction has been allowed under paragraph (1)(a) or (b) to a specified financial institution for the year of assessment relating to any basis period (referred to in this paragraph as the initial basis period);
(i) the amount of the bad debt, provision for doubtful debt or impairment loss allowed as a deduction under paragraph (1)(a) or (b), less any amount or amounts deemed to be income of the institution by virtue of one or more earlier applications of this paragraph; and
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Local MCs Poor and N.O.M.E. NOMADD Join Forces to Create SET
Jonathan Carabba June 23rd, 2014
Two local MCs have joined forces to create a new group called SET. Poor (best known for his work with local hip-hop trio Tribe of Levi) and N.O.M.E Nomadd wanted to get together to create “that classic boom-bap, head-nod sound along with crazy lyrical wordplay in various styles,” according to an email from the group. Their Facebook page elaborates on their sound further: “Our goal with this project was to make something that sounded like Wu-Tang and Freddy Kruger raped each other and spawned a retarded bastard child we call SET.” The duo is planning on releasing their debut EP titled READYSETGOWIN on July 4, 2014. The one track they’ve shared with the public called “Underground” is absolutely on fire! Definitely one of the sickest beats we’ve heard in a minute (produced by Styles1001) with razor-sharp lyricism from two confident MCs. To listen, head to Soundcloud.com/readysetgowin/underground. We’ve played the track at least a dozen times, so we can’t wait to hear more! SET will be co-hosting Trapacana on June 25, 2014 with TL Miller at Badlands (2003 K Street, Sacramento).
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Six years ago this month, just as The SLR was forming, the first edition of The California Sunday Magazine dropped, promising to tell stories of national relevance about not just the Golden State but the West, Asia, and Latin America, ready to demonstrate the promise of 21st century journalism. It did so much more than that. Cal Sunday gave a voice to numerous incredible writers that we’re now diehard fans of, and it won three National Magazine Awards along the way. Just last month, it published this phenomenal piece on the Clint Lorance saga.
Last week, The California Sunday Magazine suspended publication as Pop-Up Magazine Productions laid off 11 staff members. The news hurt. It drove home that things can still get worse and are still getting worse. It made clear that right now, in this industry, doing exceptional work isn’t enough. It reminded us to cherish the stuff that is created under these conditions, but also to keep in mind everything that could be but isn’t.
For now, we’ll do our best to keep highlighting the miracles (and there were a lot this week!). Below our main list, we’ve also picked out five CSM stories that showed us what was possible and, we hope, always will be.
" Why settle for a paltry 140 characters when you can luxuriate in 66,500? I've loved going back to writing longform pieces for The New York Times Magazine, and I love reading the ones Don and Jacob compile. It's a cool antidote to our national A.D.D. "
Maureen Dowd New York Times columnist
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Photo: Finavia
“Best airlines” in Europe and the world
SAS and Finnair get honourable mentions in this year’s TripAdvisor awards – and there are some surprises too.
Singapore Airlines has been named this year’s Best Airline in the World in the latest TripAdvisor Travellers’ Choice Awards. It has also been recognised in seven other categories by the international travel planning and booking site.
The winners of the Travellers’ Choice Awards for Airlines 2018 were selected based on reviews by travellers around the world focusing on outstanding service, quality and value.
TripAdvisor uses an algorithm that takes into account the quantity and quality of airline reviews and ratings over a 12-month period to determine the award recipients.
“We are honoured to be this year’s recipient of the Best Airline in the World title in the prestigious TripAdvisor Travellers’ Choice Awards for Airlines 2018,” said chief executive Goh Choon Phong.
“The award is a validation of the hard work and dedication of our thousands of staff all around the world, who focus their attention every day on ensuring that Singapore Airlines remains competitive on a global level.”
Besides the major title, SIA also won in seven other award categories, including best airline in Asia, best international first class in the world and best economy class in the world.
The travel review site has released a list of the top 10 best performing airlines around the world:
SAS and Finnair
Aegean Airlines was named the best regional airline in Europe, beating Germania, Edelweiss and Air Malta. Virgin Atlantic was named best major airline in Europe, also winning for best premium economy service. SAS and Finnair are both named in the top ten major airlines in Europe.
Budget carrier Jet2, meanwhile, is the best airline in the UK and top low-cost airline in Europe, TripAdvisor says. Thomas Cook Airlines Scandinavia is also named as one of three top low-cost airlines in Europe, the third being Blue Air, which has recently launched routes to Scandinavia.
Large number of TripAdvisor reviews “suspicious”
TripAdvisor reveals “best hotels” in Nordics
Aegean Finnair SAS Singapore Airlines social media Thomas Cook Airlines Virgin 2018-04-10
Tagged with: Aegean Finnair SAS Singapore Airlines social media Thomas Cook Airlines Virgin
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“Trump Must Call Out Iran’s Abuses in Wake of Jerusalem Speech” by Raymond Tanter
by editor | Dec 16, 2017 | MidEast, National Security, Terror, World Events
Trump Must Call Out Iran’s Abuses in Wake of Jerusalem Speech
By Raymond Tanter
“I turn to you President Trump, on behalf of the city of Jerusalem, the beating heart and soul of the Jewish people for more than 3,000 years,” Mayor of Jerusalem Nir Barkat said, standing in front of the White House. “I thank you, from the bottom of my heart, for your commitment and intention to officially recognize Jerusalem as the capital of Israel,” perHaaretz, Dec. 8, 2017.
The statement by the mayor is a good point of departure to discuss President Trump’s speech on Jerusalem, which may be the Goldilocks of his foreign policy: He hit the right spot on Dec. 6, and it is a shot across the bow of Tehran, which calls Jerusalem Al Quds.
The Quds Force of Iran’s Islamic Revolutionary Guard Corps (IRGC-QF), focuses on foreign operations, like liberating Jerusalem from the Jews. Suppressing the Iranian people is the main responsibility of the Basij, literally “mobilization.” It is a paramilitary organization charged with channeling popular support for the Iranian regime, per the Counter Extremism Project.
President Trump stated in his December 6, speech, “Jerusalem is today, and must remain, a place where Jews pray at the Western Wall, where Christians walk the Stations of the Cross, and where Muslims worship at Al-Aqsa Mosque.”
In addition to President Trump and the Mayor of Jerusalem, consider the remarks of U.S. Ambassador to the United Nations, Nikki Haley. She stated,
“The United States has not taken a position on boundaries or borders. The specific dimensions of sovereignty over Jerusalem are still to be decided by the Israelis and the Palestinians in negotiations. Finally, and critically, the United States is not predetermining final status issues. We remain committed to achieving a lasting peace agreement. We support a two-state solution if agreed to by the parties.”
The significance of these statements is threefold. First, the Mayor of Jerusalem: emotion; second, Trump, religion; and third, Haley, facts.
Yours truly taught 6 times at the Hebrew University of Jerusalem and lectured on the West Bank, as well as throughout the Arab world; he was on the NSC staff Middle East desk has a feel for most aspects of the statements above.
Trump’s speech puts into deep-freeze the audacious plans for a division of the city, which were on the table, during the tenures of Prime Ministers Ehud Barak and Ehud Olmert, per the Jerusalem Center for Public Affairs of Dec. 8. And its president, Dore Gold, testified before the U.S. Congress Committee on Oversight and Government Reform: “On a political level, the denial of recognition helps fuel the dangerous fantasy, popular in the Middle East, that Israel is impermanent and illegitimate.”
Concurring with Gold, the bottom line of this post is that the so-called “Palestinian rage” is for only one reason: Because Israel exists as a normal state.
How Normal are Jerusalem and Tehran?
Iran is not a normal state like Israel. Iran has trappings of being normal, when, in fact, the regime is anything but ordinary. Per the State Department, Iran is the world’s leading state-sponsor of international terrorism, specializes in detaining political prisoners at home, all while its Western-trained diplomats dupe major powers with their suave manners and near-perfect English.
In contrast to Iran, Israel is a normal country. But, tongue-in-cheek, David Gerstman asked on Dec. 8, “If Israel were a normal country, having the United States place its embassy in its capital city would not be newsworthy.”
Meanwhile, in a rally on Dec. 8, “Hundreds Protest Against U.S. Jerusalem Move in Times Square,” headlined the coverage by NBC News. But, is Times Square really being rocked by demonstrations? Not so fast! There may have been more reporters covering protests than demonstrators. And there were more onlookers than demonstrators, after the terrorist attack by the Port Authority bomber on Dec. 11. And it seems he was inspired to repeat the Islamic State Christmas Attacks of the past, instead of being outraged by Trump’s recognition of Jerusalem as capital of Israel.
And what about Jerusalem: Is the “City of Peace” really on fire, due to rioting Palestinians on the West Bank and in Gaza? No, Jerusalem is not burning. (The Epistle to the Hebrews points out that “Salem,” the title of Melchizedek’s City, means ‘peace’ (Gen. 14:18; Heb. 7:2).
On Dec. 10, a Muslim commentator, Bassam Tawil, holds in an article, “Jerusalem Not on Fire,” that there were more journalists than protesters. The Palestinians declared a three-day-long “rage” spree over President Trump’s announcement recognizing Jerusalem as Israel’s capital. Thus far, however, it appears as if the real anger is showing up in the Main Street Media, not on the Palestinian Street.
Despite the lack of fiery protests, there is a need to address issues raised by President Trump’s decision for the United States to recognize Jerusalem as the capital of Israel.
First, President Trump: Task Secretary of State Tillerson to make the U.S. Consulate in East Jerusalem the American Embassy; and the present U.S. Embassy in Tel Aviv would become our Consulate. This action might reduce the pressure on you from worldwide condemnations occurring now.
Second, President Trump: Often repeat Amb. Haley’s statement, “United States is not predetermining final status issues. We remain committed to achieving a lasting peace agreement. We support a two-state solution if agreed to by the parties.”
Again, Mr. President, such action would provide cover for Arab regimes to reduce the drumbeat of condemnation of you. It also would curry favor of European allies like Berlin, Paris, and the United Kingdom, which oppose your recognition of Jerusalem as capital of Israel.
Third, and this point is the most important: Mr. President, deflect attention away from Jerusalem by calling attention to human rights abuses of Tehran. Your NSC staff is aware Iran specializes in detaining political prisoners, as evidenced by the following volume, and as stated on Dec. 10 in “Human Rights Day and Iran’s Suppression.” A book by the National Council of Resistance of Iran is “Iran: Where Mass Murderers Rule: The 1988 Massacre of 30,000 Political Prisoners and the Continuing Atrocities.”
In short, Mr. President, your pursuit of steps penned in this post might assist in helping the parties pursue a negotiated settlement regarding the Jerusalem issue. Without such moves, we all are doomed to live with breaking news about the Middle East toward the threat of wars that serve none of the parties’ interests, values, or goals.
Prof. Raymond Tanter (@AmericanCHR) served as a senior member on the Middle East Desk of the National Security Council staff in the Reagan-Bush administration, Personal Representative of the Secretary of Defense to international security and arms control talks in Europe, and is now Professor Emeritus at the University of Michigan. Tanter is on the comprehensive list of conservative writers and columnists who appear in The Wall Street Journal, Townhall.com, National Review, The Weekly Standard, Human Events, The American Spectator, and now in Newsmax.
Followed up by this information from the N.Y. Post:
Nikki Haley shows ‘concrete’ proof Iran broke missile agreement
On Thursday December 14, 2017:
“US Ambassador to the United Nations Nikki Haley on Thursday showed “concrete” proof that Iran is violating UN resolutions by supplying weapons to a rebel group in Yemen.
“In this warehouse is concrete evidence of illegal Iranian weapons proliferation, gathered from direct military attacks on partners in the region,” she said, standing in front of a charred ballistic missile the size of a car during a press conference at Joint Base Anacostia–Bolling in Washington, DC.”
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Wyoming Law
Wyoming Privacy of School Records Laws
Think of all the information schools have on us. There’s a student’s full name, address, and identifying information. Then there’s information on a parent or guardian’s contact information or emergency contact. Not to mention academic and disciplinary records including everything from grades and test scores to detentions and counseling sessions. Students participating in federal or state subsidized programs, such as school lunches or other financial assistance, may have submitted income information in an application. The truth is that teachers, administrators, schools, and districts know a lot about their students and maintain that information in their records for official purposes.
Safeguarding that data from prying eyes and nosy neighbors is important to most people and the reason behind state school records privacy laws. There’s also the federal Family Educational Rights and Privacy Act (FERPA) operating in this area. Here’s a quick summary of how Wyoming law protects school information.
Wyoming School Records Privacy Laws
A student’s school records are private. While Wyoming state law normally opens up public records to the public for inspection, school records are expressly exempted from this open access policy. Information about a student’s biography, family, physiology, religion, academic achievement, and physical or mental ability cannot be publicly disclosed even if requested. Only a student, his or her parent or legal representative, and school board and school officials can receive access to these records.
Wyoming public records laws are enforced with civil penalties. The state Attorney General’s Office and local county attorney’s offices can file civil actions against violators. The maximum penalty is a $750. Courts can also award damages.
Code Section 16-4-203(d).
Who Has Access to School Records? The student or his or her parents or legal guardian and school officials.
Wyoming Attorney General’s Office or local county attorney’s office can bring a civil action against anyone violating Wyoming's privacy records laws. The maximum penalty is $750 and courts can award damages.
Related Resources for Privacy of School Records Laws
Privacy in the schoolhouse is a major legal concern. You can find more information about school privacy and invasion of privacy laws here at FindLaw. For specific questions about a particular case, consider contacting a local education lawyer for advice and assistance.
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‘Summer Songs with Strings’ (Quire with Quartet) – South London Singers
Saturday 1st June 2019 at 7:45 pm
Ralph Vaughan Williams Five Mystical Songs
Geoffrey Lawrence Salt Water Songs
Joseph Haydn Te Deum
Edward Elgar Spanish Serenade and other songs
Marcus Wibberley – Guest Conductor
The Hammig String Quartet
Niki Zhodi – Baritone
Alasdair Friend – Organ and piano
The audience will be invited to join us at the end of the concert for light refreshments to round off a relaxing evening of musical pleasure.
Tickets (£11) may be obtained from the Parish Office, choir members, by ‘phoning 020 8656 2815 or at the door.
South London Singers
THE SOUTH LONDON SINGERS formed as a chamber choir in 1982. There are currently some 25 to 30 members (always room for more, if you enjoy singing and have a good voice), and the SLS is now firmly established on the local music scene in the Beckenham area.
The founding conductor of the South London Singers was Derek Williams. John Nightingale took over as Director in 1988 and stayed in this post for the next 25 years. Under his baton, the SLS continued to raise its musical standards and set new musical goals for itself. John helped to develop the choir’s focus on the neglected portions of the English choral repertoire. With its current Director Julian Collings, who took up his appointment in May 2013, the choir seeks to maintain its level of musical attainment as it explores new musical avenues and develops the skills needed to meet new challenges.
The SLS tackles a wide-ranging repertoire encompassing sacred and secular music by composers of all periods from the 15th century to the present. It concentrates on works that are either unaccompanied or performed with an organ or small instrumental ensemble.
English music is a strong element in our programming, but works by a wide cross-section of continental and non-European composers are also performed. The choir has given well-received performances of baroque works, romantic partsongs, and American music. Programmes are designed to complement, rather than compete with, the activities of larger choral societies.
www.southlondonsingers.org.uk
Marcus Wibberley
Conductor - Director of Music St George's
Marcus Wibberley is Organist & Director of Music here at St George’s, Beckenham. Since his arrival in August 2017, he has introduced new repertoire and new members to the choir, conducted the choir at a number of cathedrals, worked in conjunction with the Hammig String Quartet and – in July 2018 – will be taking the choir on tour to Estonia, its first foreign tour in a number of years.
Before returning to Beckenham (he was ‘Organ Student’ here in the late 1990s), he was Director of Music & Organist of Hexham Abbey, where his responsibilities included training and directing the Abbey Choirs. In addition to the four weekly choral services at the Abbey, he appeared with them in concert both elsewhere in the UK and in Germany, Belgium and Estonia. Marcus was also Festival Director of the annual Hexham Abbey Festival of Music & Arts, for which he developed the scope of the programme and secured majority funding from the Arts Council of England.
Marcus was a Chorister of Westminster Abbey under Martin Neary, and his organ teachers included Martin Baker and John Scott Whiteley. He studied at Dulwich College, where he was a Music Scholar, and the University of Hull, where he was University Organ Scholar, graduating with first class honours in Music. He held organ scholarships at Chichester Cathedral, Beverley Minster (while a student in Hull) and latterly York Minster before becoming Sub-Organist of Portsmouth Cathedral and the Diocesan Music Adviser of The Diocese of Portsmouth in 2005.
Marcus is in demand as a recitalist, and has travelled extensively. Recent performances have been given in prominent venues in Japan, France, Belgium, Germany, Denmark and Estonia, as well as most of the major cathedrals and abbeys in the UK.
Hammig String Quartet
The Hammig String Quartet was formed in 1989, taking its name from the violin-maker Wilhelm Hammig (1838-1925). Over the years the quartet has given many recitals across England and Wales and has made several visits to Leichlingen, Germany. They are frequent performers at St George’s, Beckenham in both the Friday lunchtime and Saturday morning Coffee Concert series, and for other special events and services.
Recital venues have included Concord College Shropshire, the Usher Art Gallery Lincoln, the Atheaneum Bury St Edmunds, St Anne and St Agnes Gresham Street, St Alfege Greenwich, St Mary’s Balham, St Katherine’s Knockholt and the River and Rowing Museum Henley on Thames. They played at Penn House Amersham for the National Society for Epilepsy, and performed as part of the ‘Rochester 1400’ celebrations. Since 2005 they have participated in annual fundraising Celebrity Christmas Carol Concerts for the Cystic Fibrosis Trust at Odiham, and for some years gave fundraising recitals for the Beckenham and Borders branch of the National Childbirth Trust. They have played at St Martin in the Fields with the Bromley Boy Singers in their New Year’s concert, and in several concerts for the South London Singers and Wareham Choral Society. In February 2010 they were invited to join Keziah Thomas for a joint quartet and harp concert in aid of the Romanian Aid Foundation. In May 2011 they played Shostakovich’s 8th quartet in a lecture recital given by Anna Davis at the St George’s Arts Festival. More recently the quartet has given recitals at the Colour House Theatre at Merton Abbey Mills, St Mary’s Bromley, St Nicholas Brighton, St Leonard’s Seaford, St Matthews Westminster, and Purley United Reformed Church. In February 2014 they played at the Mansion House for the Gardeners Livery Company Banquet, in the presence of Prince Edward, and again in 2015. They were honoured to be the inaugural artists in residence at St John’s Catford for the season 2017-18.
Following the death in 2013 of their friend and colleague of more than twenty years, Paul Collen, they explored the string trio repertoire for a few years as well as performing piano quartets with Clare Wibberley, and oboe and cor anglais quartets with Caroline Marwood. In September 2017 they were delighted to welcome Sarah Colley as their new permanent violinist.
Niki Zhodi
Niki was born in Blackburn, Lancashire and had a long involvement with Blackburn Cathedral where he was a chorister and ultimately head chorister of the Boys’ Choir. He was later appointed a Choral Scholar in the Gentleman’s Choir and is currently one of the tenor choral scholars at St George’s, Beckenham.
Niki has just completed his undergraduate degree in Music at Goldsmiths, University of London, and will be starting a Composition Masters degree there next year.
Aside from being a singer, Niki is a composer, conductor, and researcher with specific interests in New Complexity, and system-based composition. He has recently completed a research paper on musical quotation in New Complexity.
Outside of music, Niki has interests in aviation, cooking, travel, and football – a life-long fan of Blackburn Rovers!
Alasdair Friend
Alasdair Friend joined the choir at St. George’s in February 1982. He studied the organ at St. Dunstan College in Catford, and was organ student at St. George’s from 1985 to 1987 passing his ARCO exams in 1986. From 1987 to 1990, he was organ scholar of Downing College, Cambridge, where he read Music and History. While at Downing, he conducted the college choirs and orchestra, and sang in a number of university chamber choirs. Since graduating, Alasdair has been assistant organist at a number of London churches, before returning to St. George’s, where he now plays regularly. He has also accompanied various choral societies on tours to Italy, Austria, France and the Czech Republic. When not playing the organ, Alasdair works as a solicitor in London.
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« SECRETARY OF STATE HILLARY RODHAM CLINTON: Daily Appointments Schedule for July 28, 2010
Secretary Clinton’s Remarks on the Plane Crash in Islamabad »
MOTB Hillary Clinton in New York
Well I just have to share these pictures from yesterday because she looks so happy! She was going into Vera Wang’s to meet Chelsea. I love the jacket, very playful.
Posted in Hillary Clinton, Hillary Rodham Clinton, Secretary of State | Tagged Clinton Wedding, Hillary Clinton, Hillary Rodham Clinton, MOTB, Secretary of State | 75 Comments
on July 28, 2010 at 4:57 pm | Reply marco
…a wonderfull smile !!
on July 28, 2010 at 5:17 pm | Reply Lilly
Wow! Thank you, Still! It´s nice to see Hillary as she´s enjoying this time with her little girl 😉 Okay, Chelsea isn´t little anymore, but I think that she´ll always be the little princess for Hillary and Bill.
It’s true. Actually, Hillary is still Dorothy’s little girl!
2nd, 3rd, & 4th from the bottom – LOL! That’s why we don’t wear shinny underclothes with light fabrics. On the positive end, maybe people will stop saying she’s flat-chested now.
on July 28, 2010 at 5:47 pm | Reply rachel
I didnt know people said that about her. It’s obvious she’s not.
I thought the sheen was coming off the fabric of the jacket. I don’t know why people say that about her. Oh, well, I’m always saying it. She has a pretty figure, and isn’t flat-chested at all.
on July 28, 2010 at 10:05 pm | Reply discourseincsharpminor
If that’s the case, shiny fabric is one spot is usually a sign of wear. The question then becomes how did she wear down the fabric there. I sense the involvement of a misbehaving squire!
Bad Bill!
Too much “resting”.
on July 28, 2010 at 5:54 pm | Reply pcfs
Well the gowns are carried out by Huma. Looks like two gowns. Mayb Huma is in the wedding. Gee they are all going to have a great time.
on July 28, 2010 at 6:04 pm | Reply jillforhill
Sally Quinn got owned when the interviewer asked if the Clintons invited her. Sally Quinn is such a sad person. As Hillary said “I will never allow that woman near my family”.
She also was going for her above-it-all, decreeeing-from-Above position in Society, being OH-so-understanding at why “some A-Listers” didn’t get invitiations: “500 guests is a *very* large number. Most weddings are THREE HUNDRED —-or less! You only invite those CLOSE to you, not campaign DONORS.”.
She was about to stay on in her UpThere role, but the interviewer made it personal and asked whether SHE was invited.
She appeared taken aback and said, after collecting herself, “Oh, NO. (pause) We’re not close to the Clintons.”
“Oh, NO. (pause) We’re not close to the Clintons.”
Is that the ‘royal we’ coming from Queen S*!t-For-Brains? She seems like such a miserable person.
She was so mad when she was asked if she was going to the wedding. It was funny. She is just mad that no one wanted to hear about her son’s wedding.
LOLOL!!! Thanks for sharing that, jillforhill. Guessing the interviewer had a hidden agenda in choosing her. 😀
who is sally quinn and who is her son and why would she think she would be invited I am lost on these things.
Married to Ben Bradlee (see Washington Post/All the President’s Men) Washington hostess – former/sometimes guest columnist who went to war with Hillary the day she set foot in DC. Don’t know much about the son except that I think he has a disorder of some kind.
Mymomsanut-itis?
LOL!!! That too!
Sally Quinn is a women who slept her way to where she is now. Called the Clintons trash and other not nice things about them. She lost her column because all she did was talk about her son’s wedding and the readers were complaining. She never liked hillary or bill because they would rather spend time with chelsea than washington insiders.
And we don’t like her.
Because she is a very arrogant, unpleasant individual based on what she feels comfortable saying about others.
on July 28, 2010 at 9:52 pm | Reply Linnette
great pictures, Hillary in a different role. And she said once she love going shopping, which she can’t do anymore.
Yes, she did say that. She was having fun, and it’s fun to watch!
on July 28, 2010 at 10:01 pm | Reply jillforhill
Here is what Hillary and Bill think of dowd,quinn and others in the great taylor branch book:
“On Monday, USA Today ran a front-page article on the soon-to-be-released book chronicling a series of secret interviews Pulitzer Prize-winning author Taylor Branch held with President Bill Clinton throughout the Clinton presidency. The piece focused on a bizarre episode in which Russian President Boris Yeltsin during a visit to Washington in 1995 ended up in his underwear and drunk on Pennsylvania Avenue, trying to hail a cab. As for the Lewinsky affair, Clinton told Branch, he “just cracked” under political and personal pressures. USA Today also noted that Clinton and Al Gore had an explosive conversation following the 2000 election. But the newspaper provided only a few details on this meeting.
I’ve obtained a copy of the book, and that encounter, as Clinton recalled it to Branch, was more than dramatic; it was also weird.
During the discussion, Clinton told his vice president that he was disappointed that Gore had not used him in the last ten days of the 2000 campaign in strategically significant state—Arkansas, Tennessee, New Hampshire, and Missouri. But Clinton said he could understand that. What was more upsetting for him, Clinton remarked to Gore, was that Gore had not crafted a more winning message during the campaign, that he had not campaigned on any grand themes. Clinton insisted to Gore that he hadn’t cared about how Gore had referred to Clinton—and his personal scandal—during the campaign. Paraphasing this portion of the conversation, Branch writes that Clinton told Gore, “To gain votes, he would let Gore cut off his ear and mail it to reporter Michael Isikoff of Newsweek, the Monica Lewinsky expert.”
At one point in the conversation, Gore told Clinton that he was still traumatized by having been caught up in the fundraising scandals of the 1996 Clinton reelection campaign, and he indicated that he blamed Clinton. Clinton could hardly believe this, and he told Branch that Gore was probably in shock from the election or unhinged, remarking, “I thought he was in Neverland.”
In this same conversation, Gore pressed Clinton for an explanation of his affair with Lewinsky, noting that Gore had stood by him throughout the ordeal without Clinton ever confiding in him. There was little to say, Clinton replied. But Clinton did say that he was sorry. Gore responded that that this was the first time Clinton had apologized to him personally. This angered Clinton, who countered that he was only repeating what he had already said publicly. Moreover, Clinton noted, Hillary had more to resent that Gore did, and she had just campaigned successfully for Senate by unabashedly citing the Clinton-Gore record—not running away from it. Gore responded with his own anger, insisting that Clinton’s character had been at the root of his failure to win the White House. Clinton acknowledged that he had not confessed to those closest to him, but that he was glad he had not talked more about the affair, for that would have made the controversy even worse.
The 707-page book, titled The Clinton Tapes: Wrestling History with the President, is a fascinating read, full of the most inside information on the policy fights, political tussles, and personal controversies of the Clinton years. I haven’t finished the book, but here are other intriguing portions that caught my attention:
* In an interview with Branch shortly after he left office, Clinton passionately defended his last-minute pardon of Marc Rich, the fugitive financier. Summing up Clinton’s outrage over the dust-up caused by the pardon, Branch describes the now ex-president’s rant: “They said Clinton had a conflict because Rich’s ex-wife was a donor to his library. Lord have mercy, he cried, Papa Bush pardoned Caspar Weinberger and others before the Iran-contra prosecutions may have targeted Bush himself. Nobody fussed.” Clinton showed no remorse to Branch about this pardon.
* In 1996, when Washington author Sally Quinn was telling people that Hillary had not written her book, It Takes a Village, Branch suggested to the First Lady that she invite Quinn and her husband Ben Bradlee to the White House. “You know,” Hillary shot back, “she has been hostile since the moment we got here. Why would we invite somebody like that into our home. How could she expect us to.” Branch writes, Hillary “said Quinn and her friends simply invented gossip for their dinner circuit. They had launched one juicy affair between Hillary and a female veterinarian attending Socks, the Clinton family cat, with tales about how somebody discovered them in flagrante on a bedroom floor in the White House.”
* After the 1998 congressional elections, Clinton bemoaned the fact that GOP Rep. Jim Bunning had narrowly won a Senate seat in Kentucky. Branch writes, “He said Bunning, a former baseball player, was so mean-spirited that he repulsed even his fellow know-nothings. ‘I tried to work with him a couple times,’ said Clinton, ‘and he just sent shivers up my spine….I know you’re a baseball fan and everything, and you don’t like to hear it, but this guy is beyond the pale.'”
* When Clinton prepared for military strikes against Iraq in 1998, he griped about former President Jimmy Carter. “[Republican Senator Bob] Dole will support me,” he told Branch. “Carter will probably criticize me. Carter always criticizes, but he doesn’t have much positive to say.”
* In 1997, when Senate Republicans were opposing Clinton’s pick for CIA chief, Anthony Lake, Clinton told Branch he considered Senator Richard Shelby, an Alabama Republican (who had once been a Democrat) and a leading Lake detractor, to be a dogged and spiteful man. Clinton added that Shelby was supported by two GOP “know-nothings” on his Senate committee, Jon Kyl of Arizona and Jim Inhofe of Oklahoma.
* In 1996, Esquire magazine was looking for a writer to contribute a pro-Clinton article to its election issue. After Clinton hit snags with Texas columnist Molly Ivins, Harvard professor Thomas Patterson, and bestselling crime author John Grisham, Branch took on the assignment.
* In 1994, after Bob Woodward’s book on the budget battles of Clinton’s first year in office, The Agenda, came out, Clinton told Branch he suspected that the major sources for Woodward were George Stephanopoulos, Paul Begala, and Alan Greenspan.
* In 1994, Hillary Clinton told Branch that a year earlier she had been at a dinner party where Henry Kissinger had whispered to her that if her health care plan became law he would never be allowed to see his personal physician again. Hillary had tried to explain to Kissinger why this was not true. But, Branch writes, “she said Kissinger merely scowled and growled behind his ‘game face’ of impregnable secret knowledge.” Hillary also disclosed to Branch that she had dreamed of being at a banquet with Kissinger and telling him that her health care reform effort was not dead and “there’s always light at the end of the tunnel.”
* In 1995, Clinton predicted to his confidantes that Colin Powell would challenge him in 1996, while Hillary and Gore contended that the retired general would not. After Powell declared he would not run, Branch writes, the president did not call Powell, fearing this would “advertise his relief.” Clinton’s “mistaken prediction about Powell,” Branch adds, “seemed to gnaw at Clinton.”
* Toward the end of 1995, when Japan was in the midst of political and economic crises, Gore urged Clinton to visit Japan. Clinton, though, nixed the dates Gore suggested, saying, “Al, I am not going to Japan and leave Chelsea by herself to take” her junior-year midterm exams. This caused a big fight between the two.
* Following his 1996 reelection victory, Clinton was mad about revelations of Democratic Party campaign finance irregularities. He feared—after Whitewater—that this could be a legitimate scandal. He was annoyed that Democratic Party officials could not provide him answers about what had gone wrong. But, Branch writes, “he thought fund-raiser Terry McAuliffe vaguely knew.” Referring to antagonism toward him within the press at this time—especially at The Washington Post and The New York Times—Clinton declared, “I am bitter about it.”
* In 1997, after New York Times columnist Maureen Dowd wrote an acerbic column about Clinton and golfer Tiger Woods—maintaining that the the two green-eyed hucksters deserved each other—Clinton told Branch, “She must live in mortal fear that there’s somebody in the world living a healthy and productive life.”
It’s a good book. I laughed at this bit.
Hillary walked in from the bedroom and froze. She was wearing her bathrobe, a head towel, and a layer of grayish face cream with a few white spots. Neither she nor the President spoke, but I said “Excuse me,” as she retreated.
I’m glad she had the robe on!
I’m sure she was too. 😉
on July 29, 2010 at 12:12 am | Reply discourseincsharpminor
LOL, Boris.
The most famous BilLOL.
BTW, sorry for posting a video instead of a link. Curse you, YouTube!
NONONO!!!! I PREFER the video. I’d have gone back and made it visible. It’s easier this way.
LMAO! Awwww Boris! He loved Hillary. Kept a picture of her in his office.
Is it just me or is it just not possible to not end up laughing with them?
True! But only for people with a sense of humor. They are so funny, both of them. (I really need a funny POTUS.)
Me too, but not just any funny POTUS. I laughed at Dubya for eight years, but I wouldn’t want him back.
This the interview with taylor branch
It has been nearly forty years since three young Democratic activists named Bill Clinton, Hillary Rodham, and Taylor Branch moved into a small apartment together in Austin, Texas, to wage a presidential campaign for George McGovern. In the decades since, the Clintons have taken that political fire to the center of American political life, while Branch has chosen a quieter course, writing three definitive volumes on the life of Dr. Martin Luther King Jr. and winning both the Pulitzer Prize and a MacArthur “genius” grant. Yet at the height of Bill Clinton’s ascent—for the full eight years of the presidency—the historian and the politician reunited for a secret project, hidden from even Clinton’s closest aides. Meeting late at night and sometimes through the night, Clinton and Branch embarked on a series of seventy-nine conversations about politics, the presidents, the Whitewater investigation, and yes, even Monica—recording every word for posterity. Acutely aware that their tapes could be subpoenaed at any moment and desperate to avoid making them public, Clinton squirreled away the cassettes in his sock drawer and has never spoken of them nor made them public. But this month, Branch releases a 670-page mammoth tome, The Clinton Tapes, that mines those conversations and delves into Clinton’s presidency and state of mind through a tumultuous and historic eight years. Branch sat down on the sprawling porch of his Victorian home in Baltimore to discuss the project, the experience, and the book.—WIL S. HYLTON
Let’s start in the fall of 1992. Out of nowhere, the president-elect calls you up and invites you to a dinner party at Katherine Graham’s house. What happened?
It was bizarre. When we were kids, we were buddies down in Texas, trying to get McGovern elected. We lived together, but I hadn’t seen him in twenty years, and I had no idea why he asked me to dinner. I had kind of reprocessed him out of my friendship, into being a politician. This is a guy who’s run off to run for Congress in Arkansas, when all the rest of us were very alienated, and had this pile-driver political career, and so I had reprogrammed him away from somebody that you could know as a regular person. This is a president of the United States! He may just be all greed and selfishness. I was definitely tamping down my expectations.
Had you been a supporter in the campaign?
No! I thought his “forgotten middle class” sounded like Nixon’s “silent majority.” It was a formula—part of being a member of this species called “politician.” But within twenty seconds, I completely reconnected with him. He just knocked me over intellectually. He comes up and out of the blue asks me all these questions about historic preservation, saying, “I read your footnotes, and I want to make sure there are things like that for historians in fifty years.” Even if I hadn’t known him, even if it had been Richard Nixon or George W. Bush, I would have been floored that he was thinking about that already. This guy who hadn’t even taken office yet is thinking about raw material for historians fifty years later.
Within weeks, you were swept up in a whirlwind with him—staying up all night to write the inaugural address, being onstage during the ceremony, and then actually entering the White House for the first time with Bill and Hillary.
The day before, I thought I was going down to hear a final reading of the inaugural and wound up working all night, then being onstage with no seat or anything, just crouched down. And after the parade, he said, “Come on, let’s go to the White House!” So it was just the three of us walking in, he and Hillary and me! I mean, he literally didn’t know where the Lincoln Bedroom was. We were wandering around, poking in closets.
How did you decide to begin recording interviews for history?
He was angling to get me to move into the White House as house historian. But I responded more to the notion of preserving his thoughts. I only realized later on what a tremendous commitment that meant for him. Because the only time he could fit me in was when he was tired. There were stunning moments; I would be talking to him late at night and his eyes would go up, just roll back in his head. He would fall asleep in the middle of a sentence.
At the end of each session, sometimes late at night or even early the next morning, you would drive home to Baltimore and talk into a tape recorder the whole time. It must have been exhausting for you as well.
I would do those dictations until I dropped. I would sit here outside the house and dictate notes until I fell asleep in the truck. Because I felt that it was a significant experience that I should preserve. But on the tapes, there are a few times where it’s amazing: I would yawn involuntarily four times a minute! Because my workday on the King books always started at five in the morning, and sometimes I wouldn’t know I was going to go down to the White House until six at night. They would call up and say, “Can you come down at eight?” And I’d scramble and go down there, have this session with him, and it’d be two o’clock in the morning, and I’d be driving and dictating, then wake up the next morning again. But having that drive home to Baltimore for dictation was a forced habit that turned out to be very good.
The level of detail in your conversations is overwhelming. You discuss the most minute foreign-policy details, political calculations. Did you need to expand your reading habits to keep up with him?
Not really, because I actually didn’t know a lot of that stuff! I would just set a subject out there and say, “This seems to be a significant topic.” I didn’t know the background and the parameters; he would explain those. And sometimes I would set a subject out there and he would give me what was already in The New York Times. Sometimes he would say, “We’re going to appeal. End of story.” And we’d move on.
The Bill Clinton in this book is very different than the version we came to know in the press. You describe a guy who was steadfast and idealistic, very different from the wishy-washy, flip-flopping caricature who let Dick Morris tell him what to do.
It was almost like a credential for old liberals to look down on Clinton, because if you looked down on Clinton, you could say, “He’s betrayed liberalism,” but you didn’t have to uphold anything yourself. All you had to do was talk about what a shit he was or what a sellout he was and you could get this cheap credential.
Meanwhile, you’re seeing this guy whose face is red with allergies, he’s so tired that his eyes are rolling back in his head.… He’s the last fighting baby boomer.
Well, yeah. For example, I admire Obama greatly, but if you compare Clinton and Obama on the National Rifle Association, Obama said, “It’s not worth it.” Right from the get-go. “You can’t win.” And Clinton was going after the NRA and assault weapons and cop-killer bullets the whole time. And he paid for it, and maybe it was a mistake, because it certainly hurt him in the 1994 congressional elections. But he did stick to his guns, as it were. He took risks. On Haiti—restoring Aristide. I would hear him say it: “This is going to hurt my presidency.” Or, “I could go down the tubes for this.”
In all the Kennedy and Johnson tapes you’ve listened to, do you hear the same resolve?
In some ways, Kennedy was just the opposite. People would idealize him, but then on the tapes, you hear him trying to kill Castro and all this other stuff. It’s disillusioning. And Johnson does the Civil Rights bill, but then he does the Vietnam War—and you hear them saying essentially, “We know this is not going to work, but we’re going to do it anyway.” Then Nixon promises to end the war, and four years later the war is still going. Then you have Watergate. So it was kind of like we had this post–World War II optimism about politics that was yanked out of our generation by hard experience. In some ways, Hillary and I were more typical of our generation than Bill. We were bruised and disillusioned with politics. We had more in common with each other politically than either of us had with Bill. He seemed to be on automatic pilot: “I’m going to run for office!” At the time, I didn’t connect that to idealism. I connected it to ambition. The notion that it came from a sense of idealism didn’t rear up for me until I was able to watch him in the White House, seeing why he would do things.
How did you contain that for eight years, listening to people say the opposite about him?
I couldn’t communicate with people, because I felt like I was in a different galaxy. I just dropped out. I didn’t see a way of fighting it that didn’t endanger the project. I couldn’t challenge my friend [Washington Post critic] Jon Yardley, who would sit around and bitch and moan about Clinton: “He’s no good, he doesn’t care about anything, he doesn’t believe in anything.” I couldn’t say, “Jon, I know that’s not true.” I couldn’t start that conversation, because the only way I could combat it would be to say, “I’ve been around Clinton a lot, and my experience is totally different.” And then some story would come out that he had these tapes, and they would get subpoenaed. So I just basically had to be quiet and not talk to people.
There are several parallels between Clinton and Martin Luther King—both are southern, same generation, men of faith, orators. But then there’s adultery. How did you process that?
Very painfully. I can’t say I’ve got any great answers. I think King got something good out of it, in a perverse way. He was driven to seek penance by public sacrifice for private failings. He would preach about the mystery of evil: Why could we not cast out this demon? But you know, with Clinton, I just had this assumption that when you hear all this, some of it’s true. I assumed that he had resolved to make it true no longer. Which is pretty much what King did. He resolved openly to his aides, “There’s too much at stake here. I’ve got to stop this.” And some of the greatest regret in King’s life was that he couldn’t do it. With Clinton, what he said was that it was a real lapse of feeling sorry for himself. He said it had to do with politics. Now, most people think that these compulsions have to do with more fundamental human things. I don’t know whether that’s true. All I know is that he said it happened when he thought he was doing a good job and got sucker punched. I didn’t read the Lewinsky stuff until I was working on the book. It was so tawdry. It was depressing to me. It’s fervid and tormented and brief. There were two bookends to it: He had these trysts with her during the shutdown and then banished her to the Pentagon or wherever the hell she went, and then she came back in that period right after the ’96 election, when he thought [the Whitewater investigation] was going to go away and it didn’t. He says he was feeling sorry for himself because of what was going on in politics, and that he just lost it. That’s what he said.
Was he a Lothario in 1972?
No, and I was sharing an apartment with he and Hillary. I had just separated from my wife, had virtually no social life, and they were all over each other. The only story was that we were having a hard time getting this woman politician to endorse McGovern, and the McGovern campaign sent in a guy who had worked for Jack Kennedy. So he met her, and came back and said, “She just needs to get laid. I know just the guy.” We were stunned. And then we realized he was serious! He went to the phone to call this guy in Boston and bring him down to Texas! And Clinton took the phone from him and said, “We’re not gonna do that, and if you do that, we’re leaving.” I didn’t do anything. I was paralyzed. And in retrospect, if Clinton was cynical about women, I would think he would have been more like that guy. Now, maybe he developed it later. I really don’t know.
It was interesting to read your descriptions of Bill and Hillary. Halfway through the impeachment trial, the doorman at the White House refused to let you in because they were making out in a hallway.
Well, that only happened once. I don’t know if their relationship is romantic, but it’s not cold. Sometimes when I tell people that they finish each other’s sentences, people say, “That’s because it’s a power alliance.” Like a medieval marriage between the prince of Spain and the queen of Austria. But there’s warmth there. There’s communion. They would hold hands. How much eroticism is in there, I have no idea. But it was striking.
Have you shown them the book?
I just took two copies up to Chappaqua last week. Hillary has it in Africa now, and he’s been off on this North Korea thing. But he did call. He’s called a couple of times to fuss about things. But he has enormous tolerance for honest criticism. I think he can take it raw, as long as he doesn’t detect that it’s done for malice. I was trying to show him the way he really is, and I think he respects that.”
Thanks for those posts, jillforhill! I know I have read the second one and might have bookmarked it. The first I have not seen.
1. Gore is a jackass
2. Hillary is the best
3. Bill is a great dad
I love that they were making out in the hallway and that hillary knows who her friends are and does not kiss butt
Look what Gore did to Tipper! Making out in the hallway … so cute.
What did he do (aside from leave her after 40 years)?
That! Preceded by screwing around! Shame on him! (& I VOTED for him and for Edwards – Well. Kerry/Edwards).
on July 28, 2010 at 10:41 pm | Reply rachel
now I remember that chick. Who was it that wrote that Bill started balling after he found out Chelsea read the star report?
Exactly still4hill. Bill did not owe gore anything. It was between him,hillary, and chelsea. I also liked that helping chelsea studying was important to them.
Al Gore – the only man in the world that can believe Bill cheating on Hillary was really about him.
To clarify, the ‘him’ I was referring to is Al.
I think the old saying “those who live in glass houses shouldn’t throw stones” to gore,the edwards,the kerrys and the republicans like newt,barr, and others.
The one I dislike more than gore is edwards,he went to the senate floor during impeachment and said bill was a bad dad and brought up chelsea’s name. That crossed the line with me because you do not bring up the children.
Yes – the worst ones are Edwards and Gingrich – impeaching Bill WHILE screwing around!
Weren’t several of them guilty of that?
Probably – he’s the one stuck in my mind.
add mark sanford to that list.
on July 29, 2010 at 12:58 am | Reply villager4ever
I’d like to chime in, jillforhill. Your ‘dissertation’ is simply amazing and quite enlightening. I’ve been an avid fan of the Clintons from the time I saw them on TV in 1992, a young couple with such high level of accomplishments bringing the most memorable times of economic prowess to our country.
Reading through, I became reflective of how I watched Starr on his daily briefings on the steps of the hill and it was mind-boggling how determined he was to destroy a human being, his eyes and body showing the determination. The only reasoning I can think of at the time and to the present is pure jealousy – jealous of seeing this accomplished person rise to power, with charisma and intelligence we haven’t seen for a long time. As I look back, spending millions of dollars to go after someone like he did was not the way to right a wrong. But then, who am I to judge?
Today, we celebrate the Clintons for their parenting skills in bringing their daughter Chelsea Victoria to the world for all of us to love and admire and be inspired. God bless them.
Well said, villager4ever! I propose a toast: To the Clintons!
Villager4ever, How gracious to see a lovely comment of the Clintons. Yes their parenting skills does show the world how very much we admire them. God Bless them always.
Thanks Jillforhill for all your insight on the Clintons. They are amazing. This is the happiest time of their life right now.
I pray that they enjoy and love every moment this weekend.
You are all so sweet. I have never in my life heard of an MOTB Party, but that is what you all made tonight. It’s a new tradition, begun around our fav MOTB, Hillary Rodham Clinton.
I wish she could have been here with us, but that would have subtracted from her time with her family. Luckily it is archived. Some day, maybe, she will see this party we threw for her. The first ever MOTB Party!
I have to credit all of you, because it was unplanned, spontaneous, and both nostalgic and fun.
Great job! Party on those who are still up. Me? I am closing for the night. great party!
on July 29, 2010 at 8:00 am | Reply jillforhill
Thanks for the kind comments. I want to say thanks to still4hill for starting this great blog.
Agreed. Thank you, Still4Hill.
on July 29, 2010 at 10:36 am | Reply Maria Dizon
Awww. I missed the party!! LOL
Love Hillary’s pic.. shes just sooo classy! Thanks Stillfor Hill
I love all of you, and thank you! Seems Hillary never had a bridal shower or bachelorette party, so thank you for the spectacular surprise MOTB party you all put together for her last night!
See this. Very sweet.
http://www.nytimes.com/2010/07/29/opinion/29collins.html?_r=2&partner=rss&emc=rss
I missed this. It’s been on Politico for an age. Thought you’d like it.
http://www.politico.com/blogs/laurarozen/0710/Clinton_heads_to_NY_ahead_of_wedding.html?showall
That’s where I got the picture on Tuesday! LOL!!! The circle closes!
Teeny tiny mention of the GMOTB, Mrs. Rodham.
But a BIG member of the wedding! Dorothy ROCKS! She gave us Hillary! I love her!
on July 29, 2010 at 6:54 pm | Reply footsoldier
GLAD SHE IS PICKING VERA – OSCAR OVERDRESS HER AND SHE NEED TO LOOK SLIMS. SEE HUMA DID NOT GO ON HER HONEYMOON YET.
Chels picked Vera. Hillary picked Oscar and I am VERY WORRIED about his penchant lately for lace overlay (Hillary’s 2009 Inaugural *ihateit* and Huma’s wedding gown). It MIGHT work on Huma because she’s so slender. It’s way too busy for Hillary, who IS the show. The dress should just be ON her. It should not distract from her pretty self. She’s petite. Monochromatic is best per Elizabeth Arden.
on July 29, 2010 at 7:09 pm | Reply birdie
i luvr Hillary so much! thank you for your pics still4hill and your wordpress blog here!
Oscar will do great,chelsea may have got final say. Chelsea asked hillary to let her hair grow long so she could wear it up. They will both look beautiful.
I hope you’re right about Chelsea. I saw the “hair requirement.” Fingers are x she will look SMASHING! I need her to, to help her become POTUS! 😉
… to help her become POTUS!
The race for the presidency has officially become a beauty contest. (Be honest, you know it was practically one already.)Considering what our politicians look like I’m afraid of the swimsuit competition – especially since Gingrich is thinking about running in 2012. Yuck!
It IS! It is lookism, but it is true. Right now, Hillary looks beautiful, brave, and powerful. So, GO HILLARY!
Huma looked amazing, IMO, but she’s already gorgeous, young, and very slender. If you can’t make someone like that look good, you need to find another profession. The MOTB is about double Huma’s age, a minimum of four inches shorter, and… well… not as slim and not lacking in the curve department, so dressing her well takes more effort. She’s also a very conservative dresser overall, so it’s hard to come up with something flattering that’s modest enough to meet her standards.
Madame Secretary is a very forgiving woman. I wouldn’t hire someone who said of my body “from the waist up she really looks great” and then proceeds to make me a dress that looked like it had been borrowed from the Queen of England.
Yes, that’s the thing. Huma CAN wear (and SHOULD) ovelays. She is so slender and the lace picked up her hair and enhanced her curves. On Hillary, overlays are a distraction. She is the show – her face, skin, neckline, and cleavage. The dress does not need to add anthing to Hillary. Just cover the necessary parts artfully.
I just hope he doesn’t make her look like she’s in her 90’s like her mother (who looks fabulous for what? 92?)
[…] MOTB Hillary Clinton in New York […]
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Sunday Service – October 11, 2020
https://stjohnsmontgomery.org/wp-content/uploads/20201011_19Pentecost_JLO.mp3
This morning, I’d like to begin by thanking you all as I end my time here as an associate rector. Thank you for your support and encouragement over these last three years. Your influence has shaped me into the priest I am today. I also want to thank you for providing a spiritual home for Lauren, Rowan, and Phoebe.
Before I came to St John’s, I attended a small group for a couple of years. At the beginning of each year, each of us would share our spiritual autobiographies. We’d share the storylines of our lives and how God’s activity was intertwined throughout. After each of us shared the heartbreak and joys of our stories, we would say a prayer together: “For all that has been, all that is, and all that will be, we thank you, Lord.” This is my prayer this morning at this point in the story that God is writing.
As I leave, I’m already impressed with John’s leadership as the sixteenth rector of St John’s. He’s grounded in the mission of the church, he has a good sense of humor, and I’ve already learned so much from him in the short time we’ve been able to work together. I’m excited to think about the future of the parish and its ministry to this city under his leadership. And as I think about the future of St John’s, I’m also thinking about God’s dream for the future, not just for this parish, but for all history. God is writing a story for all of creation which will culminate in the vision given in today’s scriptures. It’s a vision of the future that gives us hope. It’s a point on the horizon to which we orient our lives. And God’s dream for the future looks like a table.
The prophet Isaiah gives us a vision of God’s dream for the future. To a people who have been conquered and exiled by various global superpowers, Isaiah shares a vision of hope for the future: God will make a feast of rich food and well-aged wines for all people. God’s dream is a table where all people are welcome, death itself is swallowed up by God, and where God wipes away the last tears we will ever cry. God’s dream for the future is a point on the horizon. It’s a beacon of hope to which Israel is to orient their lives. In the middle of their heartbreak and joys, death and division, this vision of the future was to strengthen and guide them through life.
This imagery of the table of God is found throughout scripture. We see it in today’s Psalm and Gospel reading, and we also see it in the revelation to St John. In his revelation, all of history culminates in a wedding feast between the people of God who are the bride of Christ, and the bridegroom who is Jesus Christ, the Lamb of God. This is what John says in the 19th chapter of the revelation:
“Then I heard what seemed to be the voice of a great multitude, like the sound of many waters and like the sound of mighty thunderpeals, crying out, Hallelujah! For the Lord our God the Almighty reigns. Let us rejoice and exult and give him the glory, for the marriage of the Lamb has come,
and his bride has made herself ready; to her it has been granted to be clothed with fine linen, bright and pure”—for the fine linen is the righteous deeds of the saints. And the angel said to me, “Write this: Blessed are those who are invited to the marriage supper of the Lamb.”
God’s dream for the future looks like a table where every child of God is welcome. This is the vision of the future that defines who we are as followers of Jesus. It’s what we participate in every time we celebrate the Eucharist. We celebrate the resurrected life of Jesus and remember his invitation to join him at his table where he offers himself on our behalf: his body broken as bread, and his blood poured out like wine. That holy meal is a participation in the future marriage feast where death will have been finally defeated and every tear will have been wiped away from the faces of God’s children.
And as I think about God’s future for all of history, I think about the future of St John’s and its ministry to this city and even the wider world.
A young African American couple attended an all-white Episcopal church one Sunday morning. It was during the 1940’s in racially segregated Ohio. The couple was engaged, and the young man was studying to become a Baptist minister. He stayed in his seat during communion and watched as his fiancée and white parishioners drank from the same cup in a time when that was unheard of. That day, he and his wife decided to become Episcopalians. He became an Episcopal priest, and he and his wife later gave birth to a son. That son grew up and became the first African American Presiding Bishop of the Episcopal Church, Michael Curry.
That simple act of hospitality and welcome at God’s tables was revolutionary during a time of division and hate. That simple act at God’s table transformed a family’s spiritual journey and changed our history. That simple act was a glimpse of God’s dream for the future, and it lead to Presiding Bishop Curry visiting us last year with the Executive council of the Episcopal Church and lifting up our spirits as we celebrated the love of God.
God’s dream for the future looks like a table where every child of God is welcomed. And I think that’s God’s dream for the future of St. John’s. Our parish’s patronal saint, the person after whom we are named is St John the Apostle and Evangelist. He’s traditionally credited with the Gospel of John, the Epistles of John, and the Revelation to John. After he had been exiled, and suffered for his faith in Jesus, he spent his latter years in Ephesus. By this time he was very old and had to be carried around. He couldn’t speak many words in his old age, but this is what he said over and over to all the people around him: “Little children, love one another.”
I leave you all with much gratitude, but also excitement to think how St John’s could share God’s love. We live in troubled times. There is much hate and division along political, societal, and racial lines. But imagine what it would look like for St John’s to share a message of reconciliation and love with this city and even the world. What if St Johns, like its namesake, unwaveringly spoke of God’s love to anyone who would listen. What if we were a people who were known for inviting everyone to join us at God’s table, whose simple acts and hospitality could transform lives and change history?
God has a vision for the future and it’s a beacon of hope and reconciliation on the horizon. That vision orients us. It heals and sustains us. And if we are faithful to it individually and collectively, at the last day when that vision is realized, we will all gather at the table at the marriage supper of the Lamb, and will be able to say what Isaiah prophesied: “This is the Lord for whom we have waited: let us be glad and rejoice in his salvation.”
For all that has been, all that is, and all that will be, we thank you, Lord.
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Two Koreas agree to end mutual hostility, move toward denuclearization and peace
Kim Jong-un and Moon Jae-in sign joint declaration on peace and unification of the Korean Peninsula
Photo {{sliderIndex+1}} from 10
North Korean leader Kim Jong Un prepares to shake hands with South Korean President Moon Jae-in over the military demarcation line at the border village of Panmunjom in Demilitarized Zone, April 27
© Korea Summit Press Pool via AP
North Korean leader Kim Jong Un listens to South Korean President Moon Jae-in while walking together at the Panmunjom
North Korean leader Kim Jong Un and South Korean President Moon Jae-in talk at the border village of Panmunjom in the Demilitarized Zone, South Korea
North Korean leader Kim Jong Un and South Korean President Moon Jae-in
North Korean leader Kim Jong Un and South Korean President Moon Jae-in inspect an honor guard in Panmunjom in Demilitarized Zone
North Korean leader Kim Jong Un poses with South Korean President Moon Jae-in for a photo inside the Peace House at the border village of Panmunjom in Demilitarized Zone
© Korea Summit Press Pool/Pool via Reuters
North Korean security persons run by a car carrying North Korean leader Kim Jong Un return to the North side for a lunch break after a morning session of a summit meeting with South Korean President Moon Jae-in
North Korean leader Kim Jong Un talks with South Korean President Moon Jae-in during a meeting at the border village of Panmunjom in Demilitarized Zone
South Koreans wave unification flags to wish for a successful inter-Korean summit in Paju, South Korea
© AP Photo/Lee Jin-man
North Korean leader Kim Jong Un and South Korean President Moon Jae-in pose for photo after they planted a pine tree near the military demarcation line at the border village of Panmunjom
GOYANG, Republic of Korea, April 27. /TASS/. South Korean President Moon Jae-in and North Korean leader Kim Jong-un have confirmed that their countries seek denuclearization of the Korean Peninsula, as follows from a joint declaration issued in the wake of their talks on Friday.
"South and North Korea affirmed their shared objective of achieving a nuclear-free Korean Peninsula through complete denuclearization," said the declaration signed by the leaders of the two Koreas," the declaration runs.
South Korea's president heralds dawn of ‘nuclear-free Korean Peninsula’
South and North Korea are ending all hostile actions against each other, according to the declaration. "There will be no more war on the Korean Peninsula and thus a new era of peace has begun," the declaration says.
"South and North Korea agreed to completely cease all hostile acts against each other in every domain, including land, air and sea. The two sides agreed to transform the demilitarized zone into a peace zone in a genuine sense," the declaration says. The document also stresses that both sides "will hold dialogue and negotiations in various fields, including at high level."
The militaries of both countries have agreed to maintain constant contacts, including at the level of the defense ministers. Specifically, the two sides have agreed to "convene military talks at the level of general" already on May 15, according to the declaration.
Peace treaty
North and South Korea are determined to sign a peace treaty, according to the declaration.
"During this year that marks the 65th anniversary of the Armistice, South and North Korea agreed to pursue trilateral meetings involving the two Koreas and the United States or quadrilateral meetings involving the two Koreas, the United States and China with a view to declaring an end to the war and establishing a permanent and solid peace regime," the declaration reads.
The Korean War of 1950-1953, which involved South Korea and the US on the one hand and North Korea and China on the other, ended with the signing of an armistice. Technically, the two Koreas are still at war with each other.
Moon Jae-in will visit Pyongyang
South and North Korean leaders plant pine tree symbolizing peace on border between states
North, South Korean leaders discuss denuclearization issues
Kim Jong-un crosses border, becoming first North Korean leader to visit South Korea
Moscow hails North Korea’s decision to suspend nuclear tests
The South Korean president is to visit Pyongyang in autumn, says the declaration.
"President Moon Jae-in agreed to visit Pyongyang this fall," the declaration said. "The two leaders agreed, through regular meetings and direct telephone conversations, to hold frequent and candid discussions on issues vital to the nation, to strengthen mutual trust and to jointly endeavor to strengthen the positive momentum towards continuous advancement of inter-Korean relations as well as peace, prosperity and unification of the Korean Peninsula," the declaration reads.
North and South Korea have agreed to restart meetings of the families separated by the Korean War of 1950-1953.
"South and North Korea agreed to endeavor to swiftly resolve the humanitarian issues that resulted from the division of the nation, and to convene the Inter-Korean Red Cross meeting to discuss and solve various issues, including the reunion of separated families," the declaration said.
"In this vein, South and North Korea agreed to proceed with reunion programs for the separated families on the occasion of the National Liberation Day of August 15 this year," the declaration said.
It also said the two Koreas "agreed to establish a joint liaison office with resident representatives of both sides in the Gaesong region in order to facilitate close consultation between the authorities as well as smooth exchanges and cooperation between the peoples".
Road connection
North Korea and South Korea agreed to start working on connecting the railways and roads of the two countries.
"The two sides agreed to adopt practical steps towards the connection and modernization of the railways and roads on the eastern transportation corridor as well as between Seoul and Sinuiju for their utilization," the document said.
Situation on the Korean Peninsula
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Mumbai’s Monorail: Breakthrough or Blunder?
By Megan McConville February 10, 2010
Engineers recently completed a much-anticipated trial run of India’s first monorail car in Mumbai. The trial was an early test of the Mumbai Monorail Project, an initiative of the Mumbai Metropolitan Regional Development Authority aimed at increasing mobility and reducing congestion through sustainable, high-quality mass transit. The monorail’s proposed route is 20 kilometers (12.4 miles) long and runs between Jacob Circle and Chembur, a suburban neighborhood in eastern Mumbai that is considered an important transportation hub for travelers to Pune.
Scomi, an oil and gas service provider based in Malaysia, and its consortium partner Larsen & Toubro, India’s largest engineering and construction conglomerate, secured $545 million for the project in November 2008 and are expected to complete the project by 2011. They are tasked with delivering 60 cars to make 15 four-car trains. Each four-coach monorail is expected to be able to accommodate about 600 passengers, carrying a total of nearly 300,000 commuters daily.
While some have touted this flashy, big-ticket project as the transportation mode of Mumbai’s future, others aren’t convinced that a monorail is the best choice for the city. Eric Britton, editor of the blog World Streets, recently expressed his doubt of the monorail as a serious sustainable transportation option, particularly in developing countries. He provides a host of reasons for his skepticism, including:
Monorails are extremely costly and saddle cities with debt (Britton points out that as Mumbai welcomed its first test car, the Las Vegas Monorail Company was filing for bankruptcy)
Monorails have limited capacity per dollar spent
Since monorails are, by design, grade-separated systems, they do not provide easy connections with destinations or other modes of transportation
Because monorail systems are commonly elevated, they ignore, and thus contribute to the degradation of, street life (read our previous post on TheCityFix about a similar problem with Mumbai’s proposed “skywalks.”)
Monorails can be a visual intrusion on the cityscape
As Britton also mentions, the jury seems to still be out on the environmental benefits of monorails as compared to other public transit alternatives, and many experts question their “clean” reputation. Proponents of the Mumbai Monorail Project claim that it will prevent 200 tons of carbon dioxide emissions daily. Monorail advocates echo these sentiments. The Monorail Society, a non-profit organization promoting the transport mode, cites the emissions reductions achieved by the Las Vegas monorail. In 2007, they say, it aided in the removal of an estimated 3.2 million vehicle miles from Southern Nevada’s major roadways and reduced emissions by more than 58 tons of carbon monoxide, volatile organic compounds and nitrogen oxides. But Britton suggests that the total emissions of monorail projects, including construction and the systems’ eventual electricity usage, add up to a considerable carbon footprint. For all rail projects, a system is only as “clean” as the power grid that supplies the electricity.
What do you think? Are monorails the way of the future, as they are in cities like Chongqing, Tokyo and Kuala Lumpur? Are they the right choice for Mumbai? As food for thought, check out The Transport Politic’s piece on the Disney World monorail, the ninth most heavily-used rapid transit system in the U.S. And of course, for the monorail debate in a nutshell, you can always watch the famed Simpsons monorail episode.
Tags: monorail, Mumbai, Mumbai Monorail Project, Trains + Railways
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Royal Holloway is one of the UK’s leading research-intensive universities, which is ranked in the top 20 universities in the UK and the top 300 universities in the world by the Times Higher Education World University Rankings for 2020.
The most recent Research Excellence Framework (REF) confirmed that Royal Holloway sits within the top 25 per cent of universities in the UK for research which is rated ‘world-leading’ or ‘internationally excellent’.
In the independent National Student Survey, we achieved an overall satisfaction rating of 88%, making us four percentage points above the sector average and higher than 21 of the 22 Russell Group universities.
Royal Holloway offers a genuine community experience, one that inspires individuals to succeed. Its 135 acre campus is located in Egham, 40 minutes by train from central London. The Egham campus was established by Thomas Holloway, a Victorian entrepreneur, philanthropist and social reformer. He was also responsible for building the College’s Grade 1 listed Founder’s Building.
Royal Holloway College was officially opened in 1886 by Queen Victoria, and became a member the University of London in 1900. It merged with Bedford College in 1985 to become Royal Holloway, University of London.
Visit royalholloway.ac.uk/
Displaying 301 - 301 of 301 article
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Amany Elbanna
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Research fellow, Royal Holloway
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Oli Mould
Paula Koelemeijer
Royal Society University Research Fellow, Royal Holloway
Richard Clark-Wilson
PhD Candidate in Geography, Royal Holloway
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Professor of Psychology, Royal Holloway
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PhD Candidate, Department of Geography, Royal Holloway
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Research Associate in Geography, Royal Holloway
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HomeFinancial15 Reasons Why Your Food Prices Are About To Start Soaring
15 Reasons Why Your Food Prices Are About To Start Soaring
February 18, 2014 TFD Financial 0
Did you know that the U.S. state that produces the most vegetables is going through the worst drought it has ever experienced and that the size of the total U.S. cattle herd is now the smallest that it has been since 1951? Just the other day, a CBS News article boldly declared that “food prices soar as incomes stand still“, but the truth is that this is only just the beginning. If the drought that has been devastating farmers and ranchers out west continues, we are going to see prices for meat, fruits and vegetables soar into the stratosphere. Already, the federal government has declared portions of 11 states to be “disaster areas”, and California farmers are going to leave half a million acres sitting idle this year because of the extremely dry conditions.
Sadly, experts are telling us that things are probably going to get worse before they get better (if they ever do). As you will read about below, one expert recently told National Geographic that throughout history it has been quite common for that region of North America to experience severe droughts that last for decades. In fact, one drought actually lasted for about 200 years. So there is the possibility that the drought that has begun in the state of California may not end during your entire lifetime.
This drought has gotten so bad that it is starting to get national attention. Barack Obama visited the Fresno region on Friday, and he declared that “this is going to be a very challenging situation this year, and frankly, the trend lines are such where it’s going to be a challenging situation for some time to come.”
According to NBC News, businesses across the region are shutting down, large numbers of workers are leaving to search for other work, and things are already so bad that it “calls to mind the Dust Bowl of the 1930s“…
In the state’s Central Valley — where nearly 40 percent of all jobs are tied to agriculture production and related processing — the pain has already trickled down. Businesses across a wide swath of the region have shuttered, casting countless workers adrift in a downturn that calls to mind the Dust Bowl of the 1930s.
If you will recall, there have been warnings that Dust Bowl conditions were going to return to the western half of the country for quite some time.
Now the mainstream media is finally starting to catch up.
And of course these extremely dry conditions are going to severely affect food prices. The following are 15 reasons why your food bill is going to start soaring…
#1 2013 was the driest year on record for the state of California, and 2014 has been exceptionally dry so far as well.
#2 According to the U.S. Drought Monitor, 91.6 percent of the entire state of California is experiencing “severe to exceptional drought” even as you read this article.
#3 According to CNBC, it is being projected that California farmers are going to let half a million acres of farmland sit idle this year because of the crippling drought.
#4 Celeste Cantu, the general manager for the Santa Ana Watershed Project Authority, says that this drought could have a “cataclysmic” impact on food prices…
Given that California is one of the largest agricultural regions in the world, the effects of any drought, never mind one that could last for centuries, are huge. About 80 percent of California’s freshwater supply is used for agriculture. The cost of fruits and vegetables could soar, says Cantu. “There will be cataclysmic impacts.”
#5 Mike Wade, the executive director of the California Farm Water Coalition, recently explained which crops he believes will be hit the hardest…
Hardest hit would be such annual row crops as tomatoes, broccoli, lettuce, cantaloupes, garlic, peppers and corn. Wade said consumers can also expect higher prices and reduced selection at grocery stores, particularly for products such as almonds, raisins, walnuts and olives.
#6 As I discussed in a previous article, the rest of the nation is extremely dependent on the fruits and vegetables grown in California. Just consider the following statistics regarding what percentage of our produce is grown in the state…
–99 percent of the artichokes
–44 percent of asparagus
–two-thirds of carrots
–half of bell peppers
–89 percent of cauliflower
–94 percent of broccoli
–95 percent of celery
–90 percent of the leaf lettuce
–83 percent of Romaine lettuce
–83 percent of fresh spinach
–a third of the fresh tomatoes
–86 percent of lemons
–90 percent of avocados
–84 percent of peaches
–88 percent of fresh strawberries
–97 percent of fresh plums
#7 Of course it isn’t just agriculture which will be affected by this drought. Just consider this chilling statement by Tim Quinn, the executive director of the Association of California Water Agencies…
“There are places in California that if we don’t do something about it, tens of thousands of people could turn on their water faucets and nothing would come out.”
#8 The Sierra Nevada snowpack is only about 15 percent of what it normally is. As the New York Times recently explained, this is going to be absolutely devastating for Californians when the warmer months arrive…
Experts offer dire warnings. The current drought has already eclipsed previous water crises, like the one in 1977, which a meteorologist friend, translating into language we understand as historians, likened to the “Great Depression” of droughts. Most Californians depend on the Sierra Nevada for their water supply, but the snowpack there was just 15 percent of normal in early February.
#9 The underground aquifers that so many California farmers depend upon are being drained at a staggering rate…
Pumping from aquifers is so intense that the ground in parts of the valley is sinking about a foot a year. Once aquifers compress, they can never fill with water again.
It’s no surprise Tom Willey wakes every morning with a lump in his throat. When we ask which farmers will survive the summer, he responds quite simply: those who dig the deepest and pump the hardest.
#10 According to an expert interviewed by National Geographic, the current drought in the state of California could potentially last for 200 years or more as some mega-droughts in the region have done in the past…
California is experiencing its worst drought since record-keeping began in the mid 19th century, and scientists say this may be just the beginning. B. Lynn Ingram, a paleoclimatologist at the University of California at Berkeley, thinks that California needs to brace itself for a megadrought—one that could last for 200 years or more.
#11 Much of the western U.S. has been exceedingly dry for an extended period of time, and this is hurting huge numbers of farmers and ranchers all the way from Texas to the west coast…
The western United States has been in a drought that has been building for more than a decade, according to climatologist Bill Patzert of NASA’s Jet Propulsion Laboratory.
“Ranchers in the West are selling off their livestock,” Patzert said. “Farmers all over the Southwest, from Texas to Oregon, are fallowing in their fields because of a lack of water. For farmers and ranchers, this is a painful drought.”
#12 The size of the U.S. cattle herd has been shrinking for seven years in a row, and it is now the smallest that it has been since 1951. But our population has more than doubled since then.
#13 Extremely unusual weather patterns are playing havoc with crops all over the planet right now. The following is an excerpt from a recent article by Lizzie Bennett…
Peru, Venezuela, and Bolivia have experienced rainfall heavy enough to flood fields and rot crops where they stand. Volcanic eruptions in Ecuador are also creating problems due to cattle ingesting ash with their feed leading to a slow and painful death.
Parts of Australia have been in drought for years affecting cattle and agricultural production.
Rice production in China has been affected by record low temperatures.
Large parts of the UK are underwater, and much of that water is sea water which is poisoning the soil. So wet is the UK that groundwater is so high it is actually coming out of the ground and adding to the water from rivers and the sea. With the official assessment being that groundwater flooding will continue until MAY, and that’s if it doesn’t rain again between now and then. The River Thames is 65 feet higher than normal in some areas, flooding town after town as it heads to the sea.
#14 As food prices rise, our incomes are staying about the same. The following is from a CBS News article entitled “Food prices soar as incomes stand still“…
While the government says prices are up 6.4 percent since 2011, chicken is up 18.4 percent, ground beef is up 16.8 percent and bacon has skyrocketed up 22.8 percent, making it a holiday when it’s on sale.
#15 As I have written about previously, median household income has fallen for five years in a row. So average Americans are going to have to make their food budgets stretch more than they ever have before as this drought drags on.
If the drought does continue to get worse, small agricultural towns all over California are going to die off.
For instance, consider what is already happening to the little town of Mendota…
The farms in and around Mendota are dying of thirst. The signs are everywhere. Orchards with trees lying on their sides, as if shot. Former farm fields given over to tumbleweeds. Land and cattle for sale, cheap.
Large numbers of agricultural workers continue to hang on, hoping that somehow there will be enough work for them. But as Evelyn Nieves recently observed, panic is starting to set in…
Off-season, by mid-February, idled workers are clearly anxious. Farmworkers and everyone else who waits out the winter for work (truckers, diesel providers, packing suppliers and the like) are nearing the end of the savings they squirrel away during the season. The season starts again in March, April at the latest, but no one knows who will get work when the season begins, or how much.
People are scared, panicked even.
I did not write this article so that you would panic.
Yes, incredibly hard times are coming. If you will recall, the 1930s were also a time when the United States experienced extraordinarily dry weather conditions and a tremendous amount of financial turmoil. We could very well be entering a similar time period.
Worrying about this drought is not going to change anything. Instead of worrying, we should all be doing what we can to store some things up while food is still relatively cheap. Our grandparents and our great-grandparents that lived during the days of the Great Depression knew the wisdom of having a well-stocked food pantry, and it would be wise to follow their examples.
Please share this article with as many people as you can. The United States has never faced anything like this during most of our lifetimes. We need to shake people out of their “normalcy bias” and get them to understand that big changes are coming.
See original article here: http://www.zerohedge.com/news/2014-02-17/15-reasons-why-your-food-prices-are-about-start-soaring
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HomeWorld AffairsWashington Relaunches its Iraq Partition Project
Washington Relaunches its Iraq Partition Project
June 19, 2014 TFD World Affairs 0
The sudden collapse of the Iraqi state is presented by the international press as a result of the attack of the terrorist group ISIL. But who can believe that a powerful state, armed and organized by Washington, could collapse in less than a week in the wake of a jihadist group formally independent of any state? Besides, who can believe that those who support ISIL in Syria sincerely condemn its actions in Iraq? Thierry Meyssan reveals what’s in the cards.
Map of “The Greater Middle East region” according to the US Chief of Defence published in 2006 by Colonel Ralph Peters.
Since 2001, the Chief of Defence of the United States has been trying to break the “broader Middle East” into a multitude of small, ethnically homogeneous states. The map of the remodeled area was published in July 2006 [1]. It plans to divide Iraq into three, a Sunni state, a Shiite and Kurdish one.
Israel’s failure in the face of Hizbullah in the summer of 2006 [2], and that of France and the United Kingdom in Syria in 2011-14, gave the impression that the plan had been abandoned. That is not the case: the U.S. military leadership is trying to resume the project through the modern condottieri that are the jihadists.
The events in Iraq last week should be seen in this light. The international press insists on the offensive of the Islamic State in Iraq and the Levant (ISIL or “Daesh” in Arabic), but it is only part of the vast action currently in motion.
The coordinated ISIL and Kurd offensive
In one week, the ISIL conquered what should become a Sunni emirate while the peshmerga conquered what should be an independent Kurdish state.
The Iraqi army, trained by Washington, gave Nineveh to the former and Kirkuk to the latter. Its very command structure facilitated its dismemberment: senior officers having been required to refer to the Prime Minister before moving their troops were deprived of overall initiative while at the same time being installed as kings over their fiefdoms. Therefore, it was easy for the Pentagon to corrupt some officials to incite their soldiers to defect.
Parliamentarians, convened by Prime Minister Nuri al-Maliki, also defected and did not vote for the state of emergency due to lack of quorum, leaving the government with no possibility of response.
Left with no other choice to save the unity of his country, Mr. al-Maliki called on all imaginable allies. He first sought his own people in general and the Shiite militia of his rival Moqtada al-Sadr in particular (the Mahdi Army), and the Iranian Revolutionary Guards (General Qassem Suleimani, commander of the Jerusalem Force currently in Baghdad), and finally the United States which he asked to come back and bomb the attackers.
The Western press emphasizes, not without reason, that the Prime Minister’s manner of government has often jolted both the Sunni Arab minority and the secular Baath, as it appeared favorable mainly to the Shiites. This, however, is relative: the Iraqis re-elected the coalition of Nouri al-Maliki during the parliamentary elections of April 30th. It got a quarter of the votes, three times more than the Moqtada al-Sadr movement, the remaining votes being scattered among many small parties.
The preparation of the offensive against the Baghdad authority
The ISIL offensive on the one hand and that of the Pehmergas on the other was prepared long in advance.
Iraqi Kurdistan began to emerge under the protection of the United States and the United Kingdom, with the no-fly zone decreed between the two Western invasions (1991-2003). Since the overthrow of Saddam Hussein, it has acquired a very high degree of autonomy and entered the area of Israeli influence. From this point of view, it is unthinkable that Tel Aviv would have been absent from the taking of Kirkuk. Still, the current regional government in Erbil has extended its jurisdiction over the entire Iraqi area forseen by the U.S. Chief of Defence to form independent Kurdistan.
The ISIL is a Sunni tribal militia that joined the Al-Qaeda fighters in Iraq, after the departure of Paul Bremer III and the surrender of political power to Iraqis. On May 16, 2010, , Abu Bakr al-Baghdadi, an Al-Qaeda leader in Iraq who had been released under unknown circumstances, was appointed emir and strove subsequently to place the organization under the authority of Al-Qaeda.
In early 2012, ISIL fighters created Jabhat al-Nosra in Syria (that is to say the Front in support of the people of the Levant), as the Syrian branch of Al Qaeda. This group was developed with the revival of the Franco-British attack against Syria in July 2012. It is finally classified as a “terrorist organization” by Washington at the end of the year, despite the protests of the French Minister of Foreign Affairs who welcomes in them “people who do a good job on the ground” (sic). [3]
The success of the jihadists in Syria until the first half of 2013 changed the attractiveness of their groups. The official Al-Qaeda project of a global Islamist revolution appeared utopian, while the creation of an Islamic state in a given territory seemed attainable. Hence the idea to entrust them with the remodeling Iraq, a project that U.S. military had failed to achieve.
The facelift of the ISIL was achieved in the spring of 2014 with the release of Western prisoners it held: German, British, Danish, Americans, French and Italians. Their first statements confirmed in all respects the information from Syrian intelligence services: ISIL is managed by American, French and Saudi officers. However, the released prisoners quickly backtracked and handicapped their comments on the identity of their jailers.
It is in this context that ISIL broke with al-Qaeda in May of 2014, posing as a rival, while Al-Nosra remained the official Al-Qaeda branch in Syria. Of course all this is only window dressing since in reality these groups, from their inception, have been backed by the CIA against Russian interests (Afghanistan, Bosnia-Herzegovina, Chechnya, Iraq, Syria).
Retransformed in May into a regional organization (rather than the regional branch of a global organization), the ISIL prepared to fulfill the role that its sponsors had assigned it several months previous.
The organization is certainly controlled on the ground by Abu Bakr al-Baghdadi, but it is under the authority of Prince Abdul Rahman al-Faisal, brother of Prince Saud al-Faisal (Saudi foreign minister for 39 years) and Prince Turki al-Faisal (former director of the Secret Service and current ambassador to Washington and London).
In May, al-Faisal bought a weapons factory in Ukraine. Stocks of heavy weapons were flown to a Turkish military airport, where the MIT (Turkish Secret Service) forwarded them by special trains to ISIL. It seems unlikely that the supply chain could be implemented without NATO.
The ISIL offensive
The panic that gripped the Iraqi population is in the image of the crimes committed by the ISIL in Syria: public slaughters by “Muslim renegades” and crucifixion of Christians. According to William Lacy Swing (former U.S. ambassador to South Africa, and the United Nations, and current director of the International Migration Office), at least 550,000 Iraqis have fled ahead of the jihadists.
These figures show the folly of Western ISIL estimates according to which it would control only a total of 20,000 combatants in Syria and Iraq. The truth is probably 3 times that many, on the order of 60,000 combatants; the difference being made up exclusively of foreigners recruited throughout the Muslim world and often not Arab. This organization became the main private army in the world, playing the role of the modern condottieri of the European Renaissance.
It should be further developed considering its booty. Thus, in Mosul, it grabbed the Treasury of the District of Nineveh, or $ 429 million in cash (enough to pay their fighters for a full year). In addition, it has captured many Humvees and two helicopter gunships which it immediately integrated into its apparatus. Jihadists not having the means to train pilots, the international press suggests that officers are former Saddam Hussein Baathists. This is highly unlikely, firstly considering the war between secular Baathists and jihadists that is the backdrop of the war in Syria, and mainly because pilots who interrupted their training for several years are no longer combat ready.
The Peshmerga and ISIL offensive was expected by supporters of Saudi Arabia in the region. Thus, Lebanese President Michel Suleiman (who had concluded a speech in January by a resounding “Long live Saudi Arabia!” Instead of “Long live Lebanon!”) tried by all means to obtain an extension of its mandate (expiring May 25) for the next six months, so as to be in control during the current crisis.
Anyway, international reactions to the Iraqi crisis are incoherent: all States without exception condemn ISIL in Iraq and denounce terrorism, while some of them – the United States and its allies – consider ISIL to be an objective ally against the Syrian government, and some sponsor this offensive – the United States, Saudi Arabia, France, Israel and Turkey -.
In the United States, the public policy debate pits Republicans, who require a military redeployment in Iraq, against the Democrats, who denounce the instability brought about by the intervention of George W. Bush against Saddam Hussein. This little word game hides the fact that the current events serve the strategic interests of the Chief of Defence who it is directly involved.
It could be, however, that Washington has trapped Ankara. The ISIL has tried at the same time to take control of the tomb of Suleyman Shah, in Syria in the district of Raqqa. This tomb is owned by Turkey which has an on-site small garrison under the extraterritoriality clause of the Treaty of Ankara (imposed by the French colonizers in 1921). But this action may well have been sponsored by Turkey itself who will have thus found a pretext to openly intervene in Syria [4].
Worse, when taking Mosul, the ISIL captured 15 Turkish diplomats and their families as well as 20 members of the Turkish special forces at their consulate, angering Ankara. The ISIL also detained truck drivers who were later released. Turkey, which provided the logistics for the ISIL attack, feels betrayed without anyone knowing whether it has been by Washington, Riyadh, Paris or Tel Aviv. This case is reminiscent of the July 4, 2003 arrest of 11 members of the Turkish special forces by the U.S. army in Sulaimaniyah (Iraq) popularized by the film Valley of the Wolves Iraq. [5] This episode had caused the biggest crisis of the last sixty years between the two countries.
The most likely hypothesis is that Ankara did not expect to participate in such a vast offensive and discovered along the way that Washington planned to achieve the creation of Kurdistan which had failed in 2003. However, ever according to the map published in 2006, this must include a part of Turkey, the United States having planned to dissect not only its enemies but also its allies. The arrest of Turkish diplomats and special forces would be a way to prevent Ankara from sabotaging the operation.
Arriving in Ankara on Thursday from Amman, the Special Representative of the United States in the Security Council, Ambassador Samantha Power, hypocritically condemned the actions of the ISIL. The presence in the Middle East of the sycophant of Washington’s moral interventionism suggests that a US reaction is planned in the scenario.
For its part, Iran says it is ready to help save the Shiite government of al-Maliki by sending weapons and military advisers, but no fighters. The current reversal of the Iraqi state benefits Saudi Arabia, major regional rival of Iran, while Foreign Minister, Prince Saud al-Faisal (the brother of the ISIL boss) has invited it to negotiate.
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You Should Be Enjoying These Fun Things to Do in Kansas
If beautiful sights, historic places and a big dose of Americana sound good, then a visit to Kansas is exactly what you need. Kansas is located in the heart of the United States and is home to beautiful natural structures, historic landmarks, and a well-kept past. There are zoos and nature reserves for the animal lover in you. Museums abound to satisfy your thirst for knowledge. Historic sites and famous landmarks are everywhere. There are aquatic and adventure parks for the young and young-at-heart. With so many things to do in Kansas, it’s the perfect place for your next vacation.
01Monument Rocks and Castle Rock
Monument Rocks and Castle Rock are together known as the eighth wonder of Kansas. Amazingly, they are made of chalk. Both sets of structures are as tall as 70 feet, which adds to their wonderment. They have interesting formations and are absolutely breathtaking to see. Located in Gove County, Kansas, Monument Rocks and Castle Rock are two of the can’t-miss things to do in Kansas.
02Lakes and Rivers
Among fun things to do in Kansas is a visit to one of its many lakes. The largest, Milford Lake, can get as deep as 65 feet. It covers 21,000 acres of recreational land. In addition, there are over 60 rivers. This includes the longest, the Missouri River, which is also the longest river in North America.
03Wildlife Refuges
There are twenty wildlife refuges throughout Kansas. Each attracts a variety of animals and birds. Interestingly, many of the species are not seen in any other part of the state. Some are not even from the same region of the country. Two of these refuges, Quivira National Wildlife Refuge and Cheyenne Bottoms Wildlife Area, have been jointly named one of the eight wonders of Kansas. The natural beauty and fauna at these refuges should put visiting one among your list of things to do in Kansas.
04Parks and Zoos
There are thirteen named zoos throughout Kansas. The largest, Sedgwick County Zoo, is also one of the country’s largest. In addition, there are 26 state parks. Outdoor sports like hiking, fishing and horseback riding are available. Other parks, such as Safari Zoological Park and Deanna Rose Children’s Farmstead, are not state parks but are still well worth the visit.
05Museums
Museums offer a variety of fun things to do in Kansas. There are historic museums, such as Boot Hill Museum, Kansas Museum of History and Museum of World Treasures. Kansas also has cultural museums, such as Trails Day Museum and Old Cowtown Museum. There are even funky museums that showcase typical Americana, like the Evel Knievel Museum, Amelia Earhart Birthplace Museum and the Oz Museum. With such a variety, you are certain to find entertainment in a Kansas museum.
06Historic Military Sites
Among interesting things to do in Kansas is to visit one of its military sites. There are historic sites, such as Fort Larned and Fort Scott National Historical Sites. At those, you will find both historical native American items and memorabilia from the Civil War. Additionally, there are active military installations, such as Fort Leavenworth and Fort Riley.
07Dodge City
Your visit to Kansas would not be complete without spending time in Dodge City. This is Americana at its finest. The town is dedicated to its Old West heritage. Famous lawmen like Wyatt Earp and Doc Masterson are memorialized there. Grab a brew in the local saloon. Check out the train depot and Western-themed shops, restaurants and attractions. Several places of interest here will make your visit to Dodge City very entertaining.
08Kansas Cosmosphere and Space Center
hfrankWI / Getty Images
The Kansas Cosmosphere and Space Center is definitely one of the coolest things to do in Kansas. It started as a planetarium at the Kansas State Fair, in 1962. Since then, it has become one of the world’s leading science, technology, engineering, and mathematics education centers. It was one of the first ever affiliate museums of the Smithsonian. The planetarium is still there, along with all kinds of other fun things to do and see.
09Sporting Venues and Adventure Parks
For the sports enthusiast, Kansas offers both the Kansas Speedway and Children’s Mercy Park. The Speedway features two annual NASCAR race events. Children’s Mercy Park is a professional soccer stadium. It is home to one of the two professional Kansas soccer teams. If adventure is more your thing, the Wildwood Adventure Park, Kenwood Cove Aquatic Park, Schlitterbahn Water Park, and several other such parks are located throughout Kansas.
10Kansas State Capitol Building
fotoguy22 / Getty Images
Another of the interesting things to do in Kansas is to visit the Kansas State Capitol Building. There you can go to the very top of its 304-foot dome. Interestingly, that dome is taller than the one on the nation’s capitol building. You can also admire the beautiful murals painted on each floor’s walls. Enjoy the impressive architecture, as well, and the historical significance of this amazing place.
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Over five years of military and civilian engagement, the Global Coalition to Defeat Daesh, with its partners, have liberated Iraq and northeast Syria from Daesh’s grip. At its peak, Daesh controlled nearly 110,000 square kilometers of territory, including major cities in both Iraq and Syria and attracted more than 40,000 Foreign Terrorist Fighters.
The Coalition campaign has liberated approximately 7.7 million people from Daesh’s control. Coalition members have helped raise over $20 billion in humanitarian and stabilization assistance in support of the Iraqi and Syrian people, and trained and equipped more than 220,000 security and police personnel to stabilize local communities.
In the most recent Coalition success, U.S. forces raided the compound of Daesh’s leader, Abu Bakr al-Baghdadi, resulting in his death.
These successes have come at tremendous sacrifice: tens of thousands of local partners in Syria and Iraq have died while fighting Daesh, and more than 100 Coalition service members have given their lives as part of the Defeat Daesh mission. In the past days, some Italian soldiers of the Coalition have been seriously wounded by an IED attack in Iraq.
Today, these achievements and Daesh’s enduring defeat are threatened. The Coalition thus must maintain unity of purpose and cohesiveness in Syria and Iraq.
We, Ministers of Foreign Affairs of the Global Coalition to Defeat Daesh Small Group, affirm our common willingness and continued resolve to address a new phase in this fight by pursuing our joint effort against Daesh in Iraq and Syria.
1. We, Ministers of Foreign Affairs of the Global Coalition to Defeat Daesh Small Group, urge all actors operating in northeast Syria to continue to be vigilant against threats of terrorism in all its forms and manifestations, to maintain the progress achieved by the Global Coalition to Defeat Daesh, to act together against any threats to this outcome and avoid security vacuums in the region that Daesh may exploit. Continued detention of Daesh-related individuals, including Foreign Terrorist Fighters, in northeast Syria remains to be of paramount importance. International law, including international humanitarian law and the protection of civilians and international human rights law must be upheld under any circumstances.
2. Despite the challenging situation, we reaffirm our full commitment to ensure the enduring defeat of Daesh. We reiterate the importance of maintaining and allocating adequate military and civilian means and resources to sustain Coalition momentum and success against Daesh in Iraq and Syria and to best safeguard our collective security interests, in pursuit of the ongoing military campaign. This will enable us to counter any attempt by Daesh to reconstitute or enhance its capacity to plan and execute attacks against our countries as well as our partners and allies. This also includes continuing to train, advise, and support legitimate partner forces in the region engaged in the fight against Daesh’s remaining cells and networks in both Syria and Iraq while respecting international law.
3. We reiterate the importance of ensuring accountability for all Daesh terrorists and we commit to promoting their safe and humane detention and eventual prosecution. We will continue our efforts to hold accountable Daesh terrorists, including to prevent those detained, hiding underground, or sheltering beyond Coalition control, from returning to the battlefield in Iraq and Syria, or relocating elsewhere and plotting attacks against other countries. Information sharing via bilateral and/or multilateral law enforcement channels like INTERPOL, will continue as a key component in this endeavor. We remain committed to promoting efforts to ensure that accused terrorists, including those of foreign nationality, are treated appropriately and tried consistent with international law and fair trial, and we urge the custodians of the detained Daesh fighters to treat them humanely at all times, and in accordance with international law.
4. There remain a considerable number of Foreign Terrorist Fighters and their families who are kept in custody in Syria and Iraq. We are committed to establishing or supporting existing effective accountability mechanisms in close coordination with the countries of origin for Foreign Terrorist Fighters.
5. We highlight the importance of stabilization support for liberated areas from Daesh in Iraq and those in Syria that remain out of the Syrian regime’s control and where the rights of the local population are not being ignored or violated. We call on all members to insist on a robust supply of humanitarian assistance to all people in need. We urge all actors operating in northeast Syria to refrain from any action that could lead to change in the demographic structures in northeast Syria, and to commit to ensure that refugees and internally displaced persons created since the outset of the conflict in Syria should only return in a safe, voluntary and dignified manner in accordance with the standards adhered to by UNHCR; that they are guaranteed freedom of movement; and that full, unimpeded and safe humanitarian access to all areas in the region is verifiably granted.
6. We commend the continuing commitment of the Government of Iraq in its fight against Daesh and reaffirm our dedication to assisting at their request their ongoing efforts to secure an enduring defeat of the terrorist organization. While the Government of Iraq and the Coalition have liberated all territory once held by Daesh, Daesh remaining elements continue to exploit seams between security forces and vulnerable populations. In addition to the Coalition’s support for Iraqi Security Forces, as well as the Peshmerga, we will continue supporting the Government of Iraq and the UN’s stabilization and humanitarian efforts, including for the more than 1.5 million displaced persons.
7. Despite Daesh’s territorial setbacks in Iraq and Syria, none of its branches has renounced its allegiance to Daesh. These branches have served as trans-regional enablers, providing support to organize, plan, raise funds, communicate, recruit, train, produce media, and plan external operations. The Global Coalition must also remain vigilant and work against the threat of Daesh branches and networks around the world, upon the request or prior consent of the country or state in which Daesh branch or network exists, and while fully respecting international law. By reaffirming our commitment to combatting Daesh’s ideology to prevent its re-emergence, recruitment and expansion, we will continue to support local voices that offer an alternative vision to Daesh’s propaganda, and will further redouble our efforts to deny Daesh space to exploit social media and the Internet.
We will encourage other members of the Global Coalition to Defeat Daesh to adopt the same guidelines.
8. We welcome the offer by Italy to host in 2020 the next meeting of the Ministers of the full Global Coalition to Defeat Daesh.
Corrado Catesi discusses INTERPOL’s response to Daesh antiquities trafficking
Syrian Democratic Forces Liberate Raqqa
Daesh destruction of Nimrud: a war crime?
How UNESCO is supporting education in Syria
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Soju Love, Chicago
October 19, 2017 by Tennessee Loveless in Drag Landscapes
Soju Love was born in Seoul and raised around Daegu in Korea. Their father worked for the Korean army, and for the beginning of their life they spent growing up in Korea’s military bases. Around 10 years old their parents moved from Korea to Cedar Rapids, Iowa, which became a huge culture shock for Soju.
“It was so different. I remember before moving here my brother was showing me books of Europe, and telling me ‘Oh this is where we are going to be moving to’. I was super excited, because I was looking at Paris and places in Germany, and then I get here and it was all cornfields and nothing for me, and I was extremely sad.”
They moved to Rockford, and Huntley, IL shortly after that. At this point it was extremely hard for Soju because they didn’t speak English, and they had to adapt to a completely different way of life that revolved around the Caucasian majority.
“I just remember as a kid everyone just telling me ’No’. They would say ‘Don’t do this and don’t do that, or don’t go there”, Soju says, “And I remember one time when I brought my lunch to school and my mom made me Korean food. I was really excited and I opened it up and everyone at the lunch table was like ‘Ewwwww!! That smells! No Stop! Put it away!’. I remember coming back to my mom and saying “Don’t make me lunch again’.”
From this incident, Soju felt shame and submerged themselves in the sea of white Mid Western culture, and decided to reject their Asian heritage. It wasn’t until high school, where they began to study and embrace their culture, .. and this is where the first crack of the closet door began to happen.
Coming out wasn’t an easy thing by any means for Soju. Born into a tight knit conservative Korean Catholic family, Soju immediately rejected their sexuality when they realized how they were feeling. To further not allude to their sexuality, Soju separated any instance in where they would become implicated by their homosexuality.
“I was starting to be curious, so I started looking on the internet. It was then I knew I had that interest, but right then…. I had to stop myself”, Soju says. “I just remember in Korea when there was a show about these two lesbians, and it was portrayed as bad. I remember seeing it and my father’s reaction, and so I knew that me being gay was not a possibility. I did everything I could to convert myself”.
Soju remained in the closet until their college years studying political science out at UBC in Vancouver, B.C., Canada. They figured since the distance was far, it was safe for them to come out of the closet to their parents. “I wanted to come out because I was just so not happy, and I was tired of not being happy”, Soju says, “I was also 245 lbs at that point, and the move and confidence coming out made me lose 80 pounds”.
“Coming out to my peers was easy, but coming out to my family was horrible. They went through phases. At first they’d be okay, and then they’d not be ok, but I knew that if I backed up a little bit, they’d push me all the way back into the closet. At time they felt like I had brought ‘darkness’ to the family, and even though I heard all those things and cried so much, I knew I had to be strong.”.
For Soju, this was the 2nd closet door to break through. At first they had to open the door to celebrate their culture in a white washed world of middle America. Secondly they had to open the door to tell everyone they were gay. Thirdly, they had to break down to the door to show themselves as the brilliant queen they were always meant to be.
At first, much like their sexuality, Soju was interested in the idea of drag, but was completely hesitant because of the implications it carried. “I was just still coming out, so I wasn’t very gay cultured, and it was like another closet”, Soju says. “I was gay but scared to step out into exploring”.
With the help of their new found drag mother, Kahmora Hall, Soju went from practicing make up every day until their ultimate reveal on Halloween in Chicago. On their first night they were an instant success, and people vied for their attention. They felt like a rockstar, and from there they went onto hosting, performing, and walking the well loved rooms in the clubs out in the city.
Soju’s name comes from the popular Korean alcohol, in where they explain, “In Korea that is a part of the main entertainment. Everyone drinks Soju. I just wanted a name that was fun and entertaining. It also it brings up a lot of emotions when you sit down and drink it. In Korean culture when you meet a new person, they say “drink Soju because it brings out their truth”.
And there is so much truth to Soju and their performances. For Soju, they had to break through the many doors of cultural, sexual, and drag closets that have been locked against them. They’ve maintained as a tour de force in this city at such a short time, all the while combatting the racist structures put against their Asian and subsequently culturally sexually objectified race. Soju doesn’t bat an eye to these hardships, and acknowledges the racism in this city by saying, “To be an Asian queen in this city, you have to be good or otherwise you get lost. At first everyone thought I was Kim Chi, and I kept on saying “No.. No.. I’m not her” and they wouldn’t care. They would take pictures of me because even though I said I wasn’t her, they just assumed I was. I feel like people think there is only one Asian queen here because we are told we all look alike… and we aren’t, we don’t all look alike. There is not one Asian queen in this city. There are many”.
Soju, who was born into the world of Tae Kwon Do, supernova’s on the stage with enormous rhythm, balance, and power. Soju is incredibly beautiful, seductive, and resonates this resilient power that overcomes you when you see them. While they are humble, sweet, and charming… let it be known that these amazing qualities in a human being are only the tip of the powerful iceberg that Soju is. They’re incredibly driven in not only their performance and hosting abilities, but also in their new ventures in their show on Youtube, “Shot with Soju”.
Thank you Soju for your story. You are brilliant, loved, and we are deeply grateful for your presence here in Chicago.
boystown chicago chicago queer drag landscapes drag queen korea shot with soju soju soju love youtube
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Viking pattern 3d hoodie
Vikings is inspired by the sagas of Viking Ragnar Lothbrok, one of the best-known legendary Norse heroes and notorious as the scourge of England and France. The show portrays Ragnar as a farmer who rises to fame by successful raids into England, and eventually becomes a Scandinavian King, with the support of his family and fellow warriors. In the later seasons, the series follows the fortunes of his sons and their adventures in England, Scandinavia and the Mediterranean.
Do you love Viking pattern 3d hoodie ?
The series is inspired by the tales of the Norsemen of early medieval Scandinavia. It broadly follows the exploits of the legendary Viking chieftain Ragnar Lothbrok and his crew, family and descendants, as notably laid down in the 13th-century sagas Ragnars saga Loðbrókar and Ragnarssona þáttr, as well as in Saxo Grammaticus’s 12th-century work Gesta Danorum. Norse legendary sagas were partially fictional tales based in the Norse oral tradition, written down about 200 to 400 years after the events they describe. Further inspiration is taken from historical sources of the period, such as records of the Viking raid on Lindisfarne depicted in the second episode, or Ahmad ibn Fadlan’s 10th-century account of the Varangians. The series begins at the start of the Viking Age, marked by the Lindisfarne raid in 793.
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Horizant: The Second Coming of Gabapentin
Like the religious notion of reincarnation, apparently some drugs are destined to be reborn as newly designed and re-packaged drugs for brand new indications. I’ve written about Contrave and Silenor, for instance—two drugs with generic equivalents that have been re-tweaked, re-packaged, and renamed, for newer (and larger) markets.
This week, the FDA granted its approval to yet another “new” agent (that’s “new” with an asterisk, mind you), Horizant, developed by GlaxoSmithKline (GSK) and Xenoport. Horizant is a name-brand version of gabapentin, which is also known as Neurontin. While on the surface this appears to be an attempt to re-brand an existing drug, it may actually provide some advantages over the already-available alternative. But the question is, at what cost? And for what exactly?
Gabapentin was approved in 1994 and is marketed as Neurontin. It’s approved for the treatment of partial seizures and post-herpetic neuralgia (although its manufacturer, Pfizer, got into some serious trouble for extensive off-label marketing of this compound—so what else is new?). These days, it’s actually quite widely used by neurologists and psychiatrists, not just for seizures, but also for chronic pain syndromes, anxiety, mood stabilization (where it’s not particularly effective), and even for alcohol dependence.
Gabapentin’s bioavailability—the ability of the drug to enter the bloodstream when taken as an oral dose—is rather low (and, paradoxically, decreases as the dose is increased) and the duration of its action is quite short, which means that users need to take this drug three or four times daily. The key advantage of Horizant is that it is a “pro-drug.” Technically it’s gabapentin enacarbil, and the “enacarbil” refers to a molecule added to the drug which allows it to be absorbed along the entire GI tract, resulting in greater blood levels.
(Interestingly, in early 2010 the FDA rejected Horizant’s first request for approval, citing a small but significant risk of cancer. They relented, however, and approved it this year after “reconsidering the risks and benefits.” Sound fishy? No, I’m sure it’s all good.)
So who might use Horizant? Well, you can bet that GSK and Xenoport hope that anyone who currently uses Neurontin (and there are a lot of them) is a potential customer patient. Officially, though, it was approved for the treatment of restless legs syndrome (RLS).
Now, RLS is one of those “diseases that may not be diseases”—or “diseases that you didn’t know you had.” (See the articles here and here for accusations of “disease mongering” by GSK [hey! GSK! Coincidence? I don’t think so!] when it introduced Requip, the first “treatment” for RLS.) Hopefully it goes without saying that when you see headlines like “Disease X may affect 7-10% of the population” when, in fact, no one had even heard of Disease X ten years ago, you have to be somewhat suspect.
Nevertheless, like much else in psychiatry, there may be some reality to RLS; it may in fact be a true pathophysiological entity that responds to medication. (Whether this entity afflicts 10% of the population is another story.) Current treatment strategies involve dopamine replacement, in the form of Requip (ropinirole) or Mirapex (pramipexole) so maybe dopamine insufficiency is part of the process.
The symptoms of RLS are “an urge to move the limbs, which improves with activity and worsens with rest.” That’s about it. Which leads to yet another problem (a problem that GSK and Xenoport don’t see as a problem, that’s for sure): with such nonspecific and common symptoms (who among us hasn’t felt somewhat restless, with interrupted sleep?), a lot of people might get diagnosed with RLS when their symptoms are actually due to something else.
I thought of this a few weeks ago, when I saw that the RLS “patient page” on the National Institutes of Health (NIH) web site referred to RLS as “akathisia” (thanks to altmentalities for the link). Akathisia (from the Greek for “not sitting still”) has long been recognized as a side effect of some—perhaps most—psychiatric medications, from antipsychotics to antidepressants. It is often described as an “inner restlessness,” a “need to keep moving.” Sometimes it’s associated with extreme emotional distress. In terms of severity, it can range from a mild nuisance to—in some cases—aggressive tendencies. (Indeed, the psychiatrist David Healy has even linked psychotropic-induced akathisia to suicide attempts and violent behavior.)
Psychiatrists really don’t know exactly what causes akathisia, and disagree on how to treat it. It may have something to do with dopamine blockade, or something completely independent. Treatment might consist of benzodiazepines (like Ativan or Valium), beta blockers (like propranolol), or discontinuing the drug that caused it in the first place.
Unlike RLS, which seems to bother people most when they are lying down (hence its tendency to disrupt sleep), drug-induced akathisia is worse when people are awake and moving around. Sounds like a simple distinction. But nothing is quite this simple, particularly when psychiatric drugs—and real people—are involved. In fact, many psychiatric meds can cause other motor side effects, too, involving (theoretically) yet other neural pathways, such as “parkinsonian” side effects like rigidity and tremor. (In fact, some antipsychotic drug trials show “restlessness” and “akathisia” as entirely separate side effects, and when I’ve tried to ask experts to explain the difference, I have never received a straightforward answer.)
So what does this all mean for Horizant? I could be cynical and simply remark that GSK/Xenoport are capitalizing on the nonspecificity of symptoms, the tremendous diagnostic overlap, and the fact that motor side effects, in general, are common side effects of antipsychotics (one of the most widely prescribed drug classes worldwide). In other words, they know that there are a lot of people out there with “restless legs” for all kinds of reasons, and lots of psychiatrists who will misdiagnose akathisia as RLS and prescribe Horizant for this purpose. But in reality, that remark would not be all that cynical. Remember, there is this pesky little thing called “return on investment.”
What it means for the patient (or should I say “customer”) is more confusing. A new agent with apparently better availability and kinetics than gabapentin is now available, but approved for the treatment of something that may or may not exist (in most patients), and may or may not be more effective than gabapentin itself. Oh, and a hefty price tag, too. Ah, the wheels of psychopharmacology keep turning….
(NB: altmentalities has also written her point of view on the Horizant story… I suggest you check it out, too.)
96 Comments | marketing, medications, psychiatry | Tagged: akathisia, disease mongering, gsk, horizant, marketing, restless legs, RLS, xenoport | Permalink
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Once Billed as a Financial Haven in the Middle East, Dubai Turns Inves…
Updated Aug. 2, 2018 8:27 a.m. ET
DUBAI—Investors are questioning whether Dubai’s young financial center can police itself as the meltdown of its marquee private-equity firm highlights broader concerns about placing money in the region.
This emirate’s top regulator, the Dubai Financial Services Authority, has been close to silent since allegations emerged that Abraaj Group misused hundreds of millions of dollars in investors’ money, including that of the Bill and Melinda Gates Foundation and the World Bank. It has issued two short statements, seized some laptops from Abraaj and is in talks with at least one of the firm’s auditors.
Investors and executives here say the authority’s response has made them nervous about the regulatory environment in Dubai, which built a financial district of gleaming skyscrapers from scratch more than a decade ago. Dubai was supposed to be a rules-based haven in the Middle East’s opaque financial world, but fears about corporate governance and conflicts of interest are rising to the surface.
The region suffers from a shortage of independent directors to serve on corporate boards, according to ratings firm Standard & Poor’s. Some companies are headquartered in Dubai but legally based in offshore havens like the Cayman Islands, creating uncertainty about which jurisdiction’s laws matter. Even in a city that hosts the regional headquarters of most major global banks, the finance world often resembles a small clubhouse of members who look the other way at wrongdoing, say lawyers who work here.
“Governments and regulators need to step up support to encourage the industry’s development so that investors can regain trust,” said Tarek Fadlallah, chief executive of Nomura Middle East, the regional asset-management arm of the Asian investment bank.
Standard & Poor’s said Persian Gulf companies’ “Achilles’ heel” is a lack of governance standards. With better practices, companies could improve their access to capital markets and reduce their debt costs, S&P said in a report last year.
“The problem is the concentration of power within most companies,” said Alissa Amico, a Paris-based former executive at the Organization for Economic Cooperation and Development, who now runs her own advisory firm, Govern. Unlike in the West, where corporate executives are often held accountable by supervisory boards, “there are no checks and balances in the Middle East,” she said.
The Dubai Financial Services Authority declined to comment for this article. In its statements about the Abraaj case, the DFSA has said it was aware of “various matters involving Abraaj Group” and it will work toward “safeguarding the interests of investors.”
Abraaj has denied any wrongdoing and said all missing money had been returned to investors. Abraaj’s provisional liquidator didn’t respond to a request for comment.
The Dubai International Financial Center boasts its own English common-law court separate from the rest of the United Arab Emirates, where Islamic law is observed. Its regulator is the DFSA, which oversees about 629 companies and whose enforcement arm is led by a former U.K. investigator who probed Libor misconduct.
The DIFC also declined to comment for this article.
The DFSA has never faced the demise of a firm as big as Abraaj, which once controlled up to $14 billion. Until now, the regulator’s highest-profile case was the jewelry firm Damas, a family-run company where three brothers were accused of improperly taking money from the company after it went public. The authority fined the company and the brothers $2.9 million in 2010.
Arif Naqvi,
Abraaj’s founder, faces prosecution in the U.A.E. again for writing bad checks to a regional businessman with whom he last month failed to reach a debt settlement with, attorneys involved in the case said. Mr. Naqvi wasn’t immediately available to comment. Mr. Naqvi’s lawyer said both parties were working to finalize a settlement in advance of a court hearing.
The Abraaj group’s legal setup, while not entirely unusual for Dubai-based entities, has likely contributed to the complexity in regulating the firm, said people familiar with its corporate structure. The firm’s holding company is incorporated in the Cayman Islands, out of sight from Dubai regulators.
Abraaj is accused of commingling funds, a term used to describe using money from investors for other purposes than originally agreed for. The company filed for a court-led winding down process after it couldn’t repay its debts.
Former Abraaj employees said the DFSA didn’t perform some of their regular customary supervisory visits in recent years. These former employees say suspicious money flows could have been detected at an earlier stage. But some of the same employees questioned whether supervisory visits would have achieved any results.
Most of the publicly disclosed probes of Abraaj have been conducted by private investigators hired by investors or by Abraaj itself.
Since 2006, the DFSA has taken action 74 times—about six times a year—in relation to entities or individuals who were in breach of the financial center’s rules, according to its website. The vast majority of those cases have been against smaller firms or individuals, with the exception of fines on two international banks,
ABN Amro Group
NV and
. ABN Amro admitted to irregularities while Deutsche Bank said it had reviewed and upgraded its systems for accepting new clients following the fine.
The DFSA’s enforcement arm may still take action against Abraaj, said people familiar with the matter. Out of the public eye, the DFSA has been receiving updates from one of the company’s audit firms.
The longer it waits, the more Dubai’s ability to attract foreign capital could be at risk, said
Oliver Schutzmann,
chief executive of Iridium Advisors, an investor-relations firm.
“How many Abraajs are out there when things here tend to be swept under the carpet?,” he said.
Write to Nicolas Parasie at nicolas.parasie@wsj.com
Yahoo Finance Morning Brief: August 2, 2018
Lorraine D. Basoc, RN is recognized by Continental Who’s Who
Financial Analyst Vacancy in Amazon
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Test case against Volkswagen opens — why it matters | Business| Econom…
The GEO Group Inc (GEO) Q4 2018 Earnings Conference Call Transcript –…
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Home » Music News » Right Said Fred unleash new video ‘Sweet Treats’ but hand the budget to homeless charity Crisis and go down the pub–Read about it, see it and get Fred Pop Facts
Right Said Fred unleash new video ‘Sweet Treats’ but hand the budget to homeless charity Crisis and go down the pub–Read about it, see it and get Fred Pop Facts
When we first heard the sound of Right Said Fred in the 90’s it was a breath of fresh pop sensibility air that stood out from the crowd and was great fun too.
Their debut single “ I’m Too Sexy” was a great massive hit and their second single “Don’t talk just kiss” really got us going, what a pop gem that has stood the test of time and with a classic melody that stuck in your head and got you straight onto the dancefloor. Not to mention the timeless ‘Deeply Dippy’ and that amazing brass section.
FRED POP FACTS AND HISTORY
In July 1991, the group released its début single, “I’m Too Sexy”, on the independent London-based record label Tug Records. The track is a distinctive dance song which takes a gentle swipe at the fashion industry.
It was a huge hit in the United Kingdom, spending six weeks at number two in the charts behind Bryan Adams’ “(Everything I Do) I Do It for You” and three months in the Top 10. The song also went to number one in 32 countries including the United States where it topped the Billboard Hot 100 chart.
The song earned the band its first Ivor Novello award. The single also went to number four on the Billboard Hot Dance Club Play chart. “I’m Too Sexy” has been used in over 40 television shows and movies, including My Wife and Kids, The Simpsons, The West Wing and EastEnders.
Their second single, “Don’t Talk Just Kiss” with background vocals by soul singer Jocelyn Brown, was released in October 1991. It made number 3 in the United Kingdom Christmas charts, entered the top five in many countries, and reached number eight in the United States dance chart.
In February 1992, the band released its third single, “Deeply Dippy”. This was number one in the United Kingdom for three weeks, and peaked at number nine in the United States dance chart.
The success of the singles resulted in the band’s multi-platinum debut album, Up, reaching number one in the United Kingdom album charts as well as charting worldwide. The album remained in the Top 40 for almost a year.
In 1992, Heavenly Records released an EP that featured the label’s acts covering Right Said Fred songs for charity. The Fred EP contains Saint Etienne (performing “I’m Too Sexy”), The Rockingbirds (“Deeply Dippy”) and Flowered Up (“Don’t Talk Just Kiss”).
NEW SINGLE AND VIDEO – SWEET TREATS – 2017
The first track from their hotly anticipated album ‘Exactly’ is helping to support a charity close to Fred and Richard Fairbrass’ hearts.
In an exclusive premiere on The Sun Online, Fred and Richard Fairbrass have revealed the marketing budget for the video has all been donated to homeless charity Crisis.
Get behind the cause and check out this guide covering addiction and homelessness by Oliver at Rehab 4 Addiction.
TOP HITZ – OUR REVIEW
Sweet Treats is an exceptional comeback and well worth the wait. It has the usual FRED pop sensibility and warm catchy sound with a classy sophisticated production, sexy guitars, killer bass and a dynamite chorus that sticks in your head after the first listen. Low budget or not the video is colourful, fun, uplifting and great, these boys have not lost their charm and charisma this a jubilant return.
The video was filmed in The Wheatsheaf pub in Slough.
Find out what the song was inspired by and a lot more here
← Imagination feat Leee John are back with new album ‘Retropia’ and Jazz Cafe gig
JERUSHA RELEASES REMIX OF BLESSER HIT →
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NLRB Bill Key Test for the Senate
Phil Kerpen
On April 12th the House passed H. R. 1120, the Preventing Greater Uncertainty in Labor Management Relations Act, on a narrow 219 to 209 vote. The bill would prohibit the National Labor Relations Board (NLRB) from taking any action that requires a quorum unless and until the Senate confirms new board members or the Supreme Court overturns the recent D.C. Circuit decision that found President Obama's purported appointees to the board to be unconstitutional. The bill would not stop workers from petitioning for union elections or restrict NLRB regional offices from accepting and processing unfair labor practice charges.
That this legislation is even necessary shows the remarkable contempt the Obama administration has for the rule of law and the U.S. Constitution; that not a single House Democrat voted for the bill shows that the party is willingly to blindly support the White House without regard to the Constitution.
"An interpretation of 'the Recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction," Chief Judge David B. Sentelle wrote in Noel Canning v. NLRB, "This cannot be the law."
Yet White House Press Secretary Jay Carney insisted, oddly, that the decision "does not have any impact, as I think the NLRB has already put out, on their operations or functions, or on the board itself." And in the recent House floor debate, a parade of Democrats pretended that Obama's attempt to make a "recess appointment" when the Senate wasn't in recess was comparable to actual recess appointments made by previous presidents.
Let's be clear. The president declared the Senate to be in recess the day after it gaveled into session. The circuit court couldn't have been clearer, but the NLRB keeps making decisions anyway.
It's creating paralyzing uncertainty. "Roughly 600 decisions are now constitutionally suspect and that number grows with each new decision," House Education and Workforce Committee Chairman John Kline said. "Workers, employers, and unions are in limbo."
The lawless non-recess appointment by the president has begotten more lawlessness. Some companies are following decisions from the board, while others are ignoring them. Lots of people are paying lots of lawyers to do work that may have to be done all over again. It's a mess, and everybody would be well-served by at least putting the board on hold until the Supreme Court rules later this year.
H.R. 1120 is a simple and effective solution to this problem, and has, no thanks to Democrats, passed the House. The question now is whether Senate Democrats will be willing to abdicate their own power of advice and consent. This is about much more than the NLRB.
If Senate Democrats refuse to take up the bill, or take it up and vote against it, voters can reasonably assume that they are unwilling to require advice and consent, one of the core constitutional duties of their office. Such a dereliction should give voters pause.
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« Tears
True Religion »
Holy Protest
October 13, 2016 by thejewishobserver
Those who know me know that Rabbi Abraham Joshua Heschel is one of my 20th century heroes. To me, he exemplifies the exact right balance a Jew must maintain in his or her life, between ritual observance and the application of our most righteous principles to every day living. Heschel did not believe that prayer existed in a vacuum, to be recited at specific times of the day or week then forgotten; but an inspiration to be translated into our every action. In a 1970 essay Heschel wrote, “A word uttered in prayer is a promise, an earnest, a commitment. If the promise is not kept, we are guilty of violating a promise. A liturgical revival cannot come about in isolation. Worship is the quintessence of living. Perversion or suppression of the sensibilities that constitute being human will convert worship into a farce.”
Prayer, according to Heschel, is aspirational, inspirational and sensitizing. Heschel is my hero because he lived those words. He is well known for his association with Dr. Martin Luther King Jr. through his participation in various civil rights marches. After participating in the Selma, AL march of March 21, 1965, Heschel was asked if he took any time to pray. His response was, “my feet were praying.” But Heschel did much more than participate in civil rights protests. He was one of the first of American clergy to declare he was against the war in Vietnam. He was a delegate to the second Vatican Council and spoke openly and critically of the Catholic Church’s attitude towards Jews. His ability to speak that truth to power helped push the Church to end the charge of deicide against Jews in 1965’s Nostra Aetate. Heschel advocated for rights for the elderly. He embodied and summed up Judaism’s prophetic tradition when he wrote in 1971, “We must continue to remind ourselves that in a free society all are involved in what some are doing. Some are guilty, all are responsible.”
Heschel exemplifies something I call “holy protest.” I know that sounds like a line out of the 1960’s television show “Batman,” but I know of no better term to use when describing something I see as part of the essence of Judaism. Indeed, it might be the most powerful Jewish call to the world – the idea that we must never be satisfied with the state of our society. We are called upon by God to protest injustice. Once again Heschel says it best when he wrote in 1968, “The Hebrew Bible has destroyed an illusion, the illusion that one can be an innocent bystander or spectator in this world. It is not enough to be a consumer in order to be a believer.”
Our tradition of protest goes all the way back to Abraham. When God announces to Abraham God’s intent to destroy the cities of Sodom and Gemorah, Abraham protests that doing so will result in the loss of innocent and righteous lives. After a rather protracted back and forth, Abraham convinces God to spare the cities if just 10 righteous people are found in them. Here is the interesting twist to this story. God, being God, knows there are not 10 righteous people in Sodom and Gemorah. Yet he allows Abraham to carry on with his protest. The lesson? Our job as humans is to question and stand up for issues of justice – even if we are opposing God.
The real flowering of the Jewish tradition of protest, however, comes in the prophetic books. The Hebrew Bible prophets challenged authority. They were the protagonists in the conflict with the priesthood – the authority that held the connection with God was through religious ritual (in their days sacrifice) versus those who held that true connection with God came through caring for those in need. Each side in this conflict, priest and prophet, emphasized commandments from Torah, but each selecting a different priority. Without the influence of our prophets, without the sense that God wanted more from us than mere ritual obedience, Judaism would have died centuries ago as an archaic religion bereft of deeper purpose. The prophets engage in holy protest in two ways – visions of a better world, and admonitions for the evil acts of their communities.
Typical of admonition is this passage from Jeremiah 22:2 – 2,3, “Here the word of Adonai O king of Judah, who sits upon the throne of David, you, and your servants, and your people who enter in by these gates; Thus says Adonai, ‘Execute you judgment and righteousness, and deliver the robbed from the hand of the oppressor, and do no wrong, do no violence to the stranger, the orphan, or the widow, nor shed innocent blood in this place.” Amos clearly states God’s priorities in these familiar words, “Though you offer me burnt offerings and meal offerings, I will not accept them; nor will I regard the peace offerings of your fat beasts. Take away from me the noise of your songs; for I will not listen to the melody of your lutes. But let justice roll down like waters, and righteousness like a mighty stream.”
It is Micah who provides a vision of a more ideal world, repeated in other prophetic books, “And he shall judge between many peoples, and shall decide concerning far away strong nations; and they shall beat their swords into plowshares, and their spears into pruning hooks; nation shall not lift up sword against nation, nor shall they learn war any more. But they shall sit every man under his vine and under his fig tree; and none shall make them afraid; for the mouth of hosts has spoken it.”
I could provide quote after quote from our prophets that emphasize these points. God could care less about the rituals we perform if they are done disconnected from striving for a just society. Justice, not love, is the driving concept. How is justice defined? Create a court system that does not favor any one; whether rich or poor, powerful or weak. Cases must be judged on their merits by provable facts attested to by witnesses. Treat the stranger with kindness and respect, giving them rights within the community. Provide for those with no resources, the poor, the orphans and the widows.
I must point out that these moral commands of providing for those without resources are not a mandate for a particular political perspective. There are commandments that support government sponsored programs as well as personal charity. A certain portion of the tithes collected, which was the Bible’s form of taxation, went to provide resources to the poor. But your obligations were not complete through tithing. One also had to give tzedakah, personal charity as well (leaving the corners of your fields and vineyards). No, Judaism does not command a political point of view. Rather, it demands that we find a way to raise the needy. Neither can we blame the victim for their condition. We are encouraged to be as successful as we possibly can – then to use our success to help solve our communal problems.
The vision of a better world does not imply that God will simply act and solve our problems either. No, Jewish tradition in all eras, and in all forms practiced the past 2500 years assumes we act in partnership with God. If we do not act, if we do not at least protest, God will NOT step in to rescue us from our failings. We are responsible for acting in a way that invites God’s presence into our world. Our actions count immensely. And actions begin with our caring about the state of our world, of our communities.
At the very core of Jewish morality is our treatment of the stranger – the “other” who lives among us. This is one of the most dominant tropes of the Torah, repeated numerous times in Exodus, Leviticus, Numbers, and Deuteronomy. To ignore this call is to transgress a basic command of God, so important, according to our tradition, it is repeated 36 times. We are not commanded to love the stranger (that is reserved for our neighbor who in Torah likely meant a member of our clan), but it is clear the stranger is to be welcomed, treated kindly, and given the same rights of justice as we are given. We are told to do this because remember – we were strangers in Egypt. Our prophets teach us that when this does not occur, we must engage in holy protest.
And here is where we are failing today. Not just us Jews, but all of us. We are too tolerant, too excusing, of the blatant mistreatment, verbally and physically, of others. We can begin with immigrants. Our country has been built on the backs of people like my father, who fled here as a refugee from Nazi Germany. Who came here at 16 years old, finished his education in a trade school, volunteered for the American army, fighting in Europe in World War II, eventually liberating a concentration camp that fed prisoners into Dachau. After the war he went to work, eventually opening his own factory, contributing productivity and employment to America. I remember dad telling me not only about the oppression he faced in Germany, but the anti-Semitism he faced in America. His experience was typical of Jewish immigrants in the 1920’s and 1930’s.
That experience is typical of what immigrants have faced in every generation, whether from Germany in the 1840’s, China in the late 19th century, Eastern Europe in the early 20th century or Hispanics and Muslims today. The arc of American history is to vilify, to be afraid of whatever group of immigrants is in the headlines at the moment. Every generation that opposes immigrants has its issue of the day to justify its bigotry. In the 1930’s it was fear of Jews taking jobs from Americans, or that some would be German spies. Today it is crime and security. Well folks, crime in general has been on the decline for decades. And changes in vetting immigrants will do nothing to stop the influence of people accessing radical organizations through the internet. That is our real security issue right now, not immigrants. I believe that showing kindness, tolerance, to immigrants, will do more to reduce tension than an increase in the strictness of our immigration policy. Indeed, by tolerating the targeting of specific ethnic groups or engaging in ideological vetting, we encourage more racial and religious hatred.
Here is an example. I have Muslim friends who immigrated to America from India in the early 1990’s. They became citizens and had two children here – so their kids are citizens as well. Their 15 year old son, who I tell you is as American as apple pie, was told last spring he would be deported once this year’s elections are over. By allowing this, by mistreating the “stranger,” we are violating a basic command of the Torah. We need to engage in holy protest.
More complicated are the issues raised by the Black Lives Matter movement. I say more complicated because of a couple of issues that muddy the waters. The first is the universal condemnation of all police. We cannot address the tragedy of the plethora of killings of African Americans by police without acknowledging the dedication and conscience of most police officers. We must acknowledge they are human beings doing a difficult job, capable of making mistakes born of fear as well as bad judgment. However, these caveats cannot be used to deny that there is a still a real race problem in America. The deaths of unarmed African Americans by police are just the tip of an iceberg of deeper racial problems. Look at the number of times black drivers are stopped by police for seemingly no reason or suspected minor offenses compared to white drivers. Look at the difference in prison sentences given to blacks and whites for similar crimes. More important, look at the fear and pain in the African American community, the sense that the system, 50 years after the passage of major civil rights legislation, is rigged against them. It is wrong to say their pain is misguided or somehow invented. It is the result of real fear, and the experiencing of real prejudice, amplified by the larger platform being granted to the “alt right” and white supremacy groups.
However, there is a specific problem for Jews in supporting Black Lives Matter – the support of its official platform for the BDS movement, and its anti-Israel statements. This has developed because radical supporters of Palestinians, such as Students for Justice in Palestine, have gained influence in the Black Lives Matter movement. They have drawn comparisons between the plight of African Americans and the situation of the Palestinians. Jews understand this is a false equivalence; as the Israeli/Palestinian conflict has a completely different kind of history than the history of blacks in America. This influence on Black Lives Matter is so disturbing because it has resulted in rabbis, colleagues of mine, who have participated in protests side by side with African American colleagues, being driven out of the movement because they support of Israel. They have been told their support for African Americans cannot be real if they support Israel. That is tragic. My rabbinic colleagues are discussing how to handle this reality.
Well, we cannot abandon our support for Israel. We need to not be afraid to tell the folks running “Black Lives Matter” that equating African Americans to Palestinians is wrong and does nothing to advance the needs of African Americans. We have to point out that assuming all Jews blindly support all policies of the Israeli government is itself anti-Semitic. Yet we cannot turn away from the pain of our African American brothers and sisters. As Jews we must not use the misguided positions of some as an excuse to ignore the reality of bigotry that exists in America. We must, as Jews have done since the 1950’s, stand with fellow Americans who are suffering from the pain of injustice.
We must also understand the real meaning of the phrase, “black lives matter.” Too often we hear the counter, “Don’t all lives matter?” as an attempt to say African Americans are just engaging in their own brand of prejudice. Yes, of course all lives matter. But from the perspective of African Americans, considering the number of black deaths at the hands of police, and the casualness with which many whites seem to dismiss the feelings of the African American community, the reality seems to be “all lives matter, but black lives not so much.” The purpose of “black lives matter” is to plead that these lives should matter as much as any life matters, and not be dismissed as part of a political game to gain votes. Today’s racism, highlighted by black deaths, is a painful reality to African Americans.
It is really hard to actually walk in someone else’s shoes. Very few people really understand the depth of Jewish fear of anti-Semitism. They have not experienced what my family experienced in Germany. They have not experienced the emotion of seeing their child mocked or excluded from activities in schools here because they were Jewish. Yet, I have also seen the sensitivity of many of our Christian friends and neighbors in Tallahassee. Over my years serving this community, I have been moved by the caring of Catholics, Methodists, Presbyterians, even southern Baptists, for our feelings and well being. I have little doubt that if something anti-Semitic happened to Temple Israel, the outpouring of support from the Christian community would be overwhelming. No, they cannot walk in our shoes, but many Christians have felt our pain.
That is exactly what we need to do for our African American friends.
If you were at Temple Israel on September 23 for the “Faith, Food, Friday” program, you witnessed the pain of my friend, pastor Darrick McGhee. Darrick pastors a church on the south side. However, his full time job is in politics. He got his start working in the governor’s office under Jeb Bush, and continuing there for the Crist and Scott administrations. Now, Darrick is a successful lobbyist who is respected on both sides of the political aisle. On that day Darrick expressed is dismay, his frustration and his anger with American society as the police shootings of blacks in Tulsa and North Carolina happened earlier that week. In the heightened racial climate of this political season, his 10 year old son was called the “n” word in school. His son had wanted to be a policeman when he grew up, but as Darrick put it, that week he saw the light go out of his son’s eyes. As Jews we cannot dismiss or ignore the realities Darrick is facing and telling us. Rather, we must embrace his experience, his pain, and engage in holy protest.
When will our obligation for holy protest end? Well, let us look at the first prophet to engage in holy protest – Elijah the prophet, zeicher l’tov. Elijah opposed idolatry as well as unfairness. He confronted Ahab and Jezebel over their immoral and illegal actions. What happened to Elijah? He never died. Rather, he was taken up to heaven in a whirlwind. Because of this, Elijah has occupied a position of prominence in Jewish tradition. He will be the one who announces the coming of the messiah (why we put out the cup of wine at Pesach). He is the protagonist in many Talmudic and folk tales. Just as Elijah did not die, neither does the task he undertook. He was succeeded by many prophets who engaged in holy protest. But the age of the prophets is long gone. The task is now up to us. And we must continue. We must continue holy protest until Elijah returns. In truth, we cannot count on Elijah’s return. We cannot count on the coming of a messianic age. We can only count on the effort we are willing to make, to empathize with those who suffer, to embrace their stories and concerns not because we fully understand them but because we care enough to embrace their pain. We can engage in holy protest.
I have spoken a lot these High Holidays about the presence of God in everything, in all of us. May we come to realize that when we engage in holy protest, we are not just speaking on behalf of ourselves, but on behalf of God. May we gain the courage to stand with those whose different race, religion or ethnicity makes them the targets of prejudice causing pain. May we understand that our teshuvah is not just about saying “I’m sorry,” but about taking actions to demonstrate that sorrow. Kein y’hi ratzon may it be God’s will that our holy protests will be heard and heeded.
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About MAF
Inflight Briefing
The Job Family
~ Serving with MAF in Timor-Leste
Jason was raised in Northern Victoria and also spent four years in Marprik (near Wewak) in Papua New Guinea where his parents worked as missionaries. He and his family were involved with Living Waters AOG church in Kyabram during most of his early years. After school, Jason felt Gods calling into missions and responded by working with Youth With A Mission in California for four years, returning to Australia in 2001. It was during this time that he felt the desire to be involved in missions using aviation – as a pilot. This desire never left him, even though he often wondered where the desire came from. He tried pursuing the aviation dream in 2001 by taking private lessons in Coffs Harbour where he was living at the time, but soon ran out of money and it seemed that even though it was a dream put there by God, it wasn’t the right time to pursue it.
So while that was on hold, Jason moved back down to Victoria to work and met Kim while exploring the possibility of the aviation program at the open day at Bible College of Victoria. A week later Jason and Kim were dating and were married in December 2006. Together they worked and saved money to complete the mission aviation course at the Australian Centre for Mission Aviation. Jason finished this course in February 2011 with a Commercial Pilots Licence for single engine piston planes with a Command Instrument Rating.
Kim grew up in Essendon, Victoria. She decided to follow Jesus while attending Sunday School at Glenbervie Baptist Church (now Essendon Baptist Church). After watching images of the Ethiopian famine on TV during the 1980s Kim had a strong desire to work in Africa as a missionary. After completing her secondary schooling she gained her teaching degree and began working as a teacher. However, the desire to work in Africa had not gone away and in the year 2000, she was accepted to work with SIM in Ethiopia at Bingham Academy. There she lived and worked for three years.
In 2003, Kim returned to Australia and attended The Bible College of Victoria (now Melbourne School of Theology) to gain further knowledge before doing more missions work overseas. However, God had other plans. At the end of her first year, she knew that more study was needed and so began teaching at Oxley College part time to allow her to continue at Bible college. At the end of her course in 2005, Kim didn’t head back overseas as she had thought, but remained at Oxley College as a teacher and year level co-ordinator. This decision was partly due to a renewed love for teaching God’s word that she had discovered through her studies and also because she had met Jason during this time and was eager to see where this relationship was headed.
Jason and Kim married in December 2006 and continued to teach until mid 2010 when she resigned as she was pregnant with Samuel. Kim is now a full time wife and mum.
The Job’s arrived in Gove (in Arnhem Land) in September 2011 for their first field assignment with Mission Aviation Fellowship (MAF). They spent four years in Arnhem Land, living in Yirrkala, Numbulwar and Elcho Island. After four years in Arnhem Land, they felt that it was time to move on and explore other options within MAF and were reassigned to Timor Leste, moving there in September 2015. They are now part of a small team operating the only two fixed wing aircraft stationed in Timor Leste. The majority of the flights involve transport for development workers and medevacs.
job.family@yahoo.com
When the corn crop fails… May 4, 2020
Crocodile bite victim needs a medevac April 30, 2020
An urgent medevac from Suai April 24, 2020
Why does MAF need reliable vehicles? April 21, 2020
Helping during COVID19 – Oxfam working in Oecusse! April 17, 2020
A Life Overseas
Bischoff's Enroute
Carpenter's Sight
Fletchers in Gawa
The Don's
The Flying Kiwi's
The Littles' Page
Walmsley Family Rambliings
Australian Centre for Mission Aviation (ACMA)
Australian Missionary Tidings (AMT)
Canterbury Gardens Community Church
Melbourne School of Theology
Mission Aviation Fellowship Australia
Women of Hope
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"Courage is not the absence of fear, but rather the judgement that something else is more important than fear" —Ambrose Redmoon
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PNC Appoints New Member to Board of Directors
Declares Dividend of $1.15 on Common Stock
PITTSBURGH, Oct. 1, 2020 /PRNewswire/ -- The PNC Financial Services Group, Inc. (NYSE: PNC) today appointed David L. Cohen to its Board of Directors, effective immediately.
Cohen is a senior executive vice president of Comcast Corporation, where he has held leadership roles covering a broad portfolio of responsibilities over the last 18 years, including corporate communications, legal affairs, government and regulatory affairs, public affairs, corporate administration, corporate real estate and security, and community impact. He also served as the company's first chief diversity officer. Prior to joining Comcast in 2002, Cohen served as a partner and chairman of Ballard Spahr Andrews & Ingersoll, LLP, one of the 100 largest law firms in the country.
Cohen is active on several boards and board committees, including: chairman of the Trustees of the University of Pennsylvania and its executive committee and a member of the Penn Medicine board and executive committee; a member of the board of directors of the Greater Philadelphia Chamber of Commerce, and a member of the Chamber's CEO Council for Growth; a member of the board of the National Urban League and chair of its Audit Committee; a member of the board of FS Global Credit Opportunities Fund and chair of its Nominating and Corporate Governance Committee; a member of the United States Semiquincentennial Commission and a member of its executive committee; and chairman of the Philadelphia Theatre Company, among many others.
The New York native earned a Bachelor of Arts degree from Swarthmore College and a J.D. from the University of Pennsylvania Law School, as well as honorary Doctor of Laws degrees from Drexel University, Rider University and Rowan University. He currently resides in Philadelphia and has been appointed to PNC's Audit and Personnel & Compensation Committees.
"David's significant business and leadership experience across a broad range of disciplines throughout his career will provide an important and unique perspective to our board of directors. His appointment expands and complements the breadth of expertise among our current board members, and positions PNC well for ongoing strength and growth as our business continues to evolve," said William S. Demchak, PNC's chairman, president and chief executive officer.
In addition, PNC's board of directors declared a quarterly cash dividend on the common stock of $1.15 per share. The dividend will be payable Nov. 5, 2020, to shareholders of record at the close of business Oct. 16, 2020.
Series B: a quarterly dividend of 45 cents per share will be payable Dec. 10, 2020, to shareholders of record at the close of business Nov. 13, 2020.
Series P: a quarterly dividend of $1,531.25 per share ($.3828125 per each depositary share, 4,000 of which represent one share of Series P preferred stock) with a payment date of Nov. 1, 2020, will be payable the next business day to shareholders of record at the close of business Oct. 16, 2020.
Series R: a semi-annual dividend of $2,425.00 per share ($24.25 per each depositary share, 100 of which represent one share of Series R preferred stock) will be payable Dec. 1, 2020, to shareholders of record at the close of business Nov. 16, 2020.
Series S: a semi-annual dividend of $2,500.00 per share ($25.00 per each depositary share, 100 of which represent one share of Series S preferred stock) with a payment date of Nov. 1, 2020, will be payable the next business day to shareholders of record at the close of business Oct. 16, 2020.
View original content to download multimedia:http://www.prnewswire.com/news-releases/pnc-appoints-new-member-to-board-of-directors-301144188.html
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HomeDisabling the Deaf
Disabling the Deaf
Before I became an active member of the Deaf community I had known some deaf people
from school. I was supported in a Centre for Hearing Impaired from the age of 14. Before that my only memory of a deaf person was seeing two school boys at the movies with those old fashioned hearing aids. You know the ones with a wire that led to the aid that rested inside a specially sewn on pocket.
My first ‘real’ encounters with deaf people at the Centre left me puzzled. You see nearly all of them had poor English. I had lost my hearing around the age of 8 and had no clue of the struggles that deaf people had to acquire English or any spoken language. I had no clue as to what Auslan was. (This was in 1978).
The deaf kids at the Centre could not spell properly. They wrote in a way that was, at best, disjointed. It often made no sense. This triggered something in me. I wanted to know why. I wanted to prevent this happening. A person that was deaf did not have a disability that impacted on their ability to learn, surely?? Why were these young people illiterate??? I wanted to know. I wanted to know because the lack of literacy in these young people left them profoundly disabled. That was the view of my young self.
After I left school I became involved in the Deaf community. Firstly through the Deaf Youth group run by the Deaf Society and then through the Deaf cricket club. From there I regularly attended the Deaf club every Friday night.
At the Deaf club I began to see the diversity in the language skills of its members. There were some who were extremely literate. God forbid, they even laughed at my jokes. But still there were some who were clearly illiterate. I began to see that many actually had poor language overall. Not just in English but with signing too. It puzzled me.
As my own signing improved and I began to converse with more deaf people I would note that many struggled with basic concepts and ideas. I would note that they lacked some maturity. Hell, I remember thinking at the time they were almost infantile in their development. Sadly, many actually were. It egged me. What was it about deafness that was causing these people to be so DISABLED?
Now I know many people with a disability and members of the Deaf community who are reading this will have almost fury on their breath. I can hear them now. “You’re making disability and deafness out to be deficit, Gary.” I say to them, hold your fury, for this was my thinking at that time. I was profoundly ignorant.
There is no doubt that my early experience of deaf people motivated me in my career. Originally I aimed to be a teacher of the deaf. I tried this via England and then Queensland. Three broken legs later I gave up the ghost and returned to Adelaide to study Social Work.
It was during this period that I learnt the most about Deaf people (note the capital D). In Queensland, I struck up a friendship with a Deaf man. He was a native signer from a vast Deaf family. We had endless debates. Back then I thought everyone should learn Signed English. I argued that one uniform language was surely the way to go.
My friend became my mentor. He taught me so many things about the Deaf community, about its history and the richness of its language. I remember being amazed that his sister and brother in-law, both deaf, actually ran a cafe. He taught me about Gallaudet and the oppression of Deaf people. Through him I began to finally see how the system was ruining the lives of so many deaf people.
He didn’t just open my mind; he opened my anger. I could not believe what this hearing society was doing to young deaf people (Note there is no capital here.) It was depriving them of language. It was denying them their right to sign language. It was making them illiterate. Indeed, it was hindering the development of their life in almost every aspect. Be it language, education, maturity and the ability to form healthy relationships. No wonder that deaf people experience mental health issues at more than twice the “normal” population.
The one thing my friend always insisted on was that he was not disabled, he was Deaf. I didn’t get this back then. He couldn’t “speak”. He had minor problems with his English literacy. He needed interpreters. He needed lots of help. He had to be disabled. I told him he was in denial. I cringe at the attitude of my young self.
I began to see that my friend had two lives. He had his life in the Deaf community where he lacked for nothing. He had his language, family, friends and even his sport. His life was rich and full.
But he couldn’t live in the Deaf community full-time. He eventually had to interact with the wider hearing community. It was in the wider community that he was disabled. It was the hearing community that was disabling him. And this is the crux. Deafness is not a disability. It is a predominantly hearing society that disables the deaf.
I was to read later about the legendary Martha’s Vineyard in America. Martha’s Vineyard was unique in that it once had a large population of people who were genetically Deaf. At one time the majority of the people that lived there were either Deaf or related to people who were Deaf. Consequently it is apparent that most members of this community signed. In this community there was no disadvantage for the Deaf. It was a kind of Deaf Utopia.
But society is not like that. Society is hearing. Society does not like to adapt for minorities. Society expects minorities to adapt to them. So if someone is born deaf, the only answer is to make them hearing or as close to hearing as possible.
If you are born deaf no one asks the question; how can our society meet your needs? This question is not asked because we expect that people who are deaf to fit the NORM.
Perhaps we can ensure that a young baby has access to sound and sign. Perhaps we can adequately fund programmes so that they can support the deaf child to be part of the family through sound and sign. Perhaps we could insist that every child, in every school learn Auslan so that if they encounter a person that uses Auslan they can communicate. There are solutions.
Perhaps we could ensure that every video that is placed online has captions. Perhaps every educational resource must, by mandate, be accessible. Perhaps every hospital should have a link up to a service that can assist them to communicate with people who are deaf by sign or by captions. This would be a society taking the disability out of deafness.
Perhaps we can insist that every teacher of the deaf have the skills to be able to communicate with every deaf child in whatever mode. Perhaps we can insist that every deaf child have access to a program that will provide them with knowledge and skills to live life as a deaf person. In short, we adjust the society so that the disability does not exist.
But no! There is only one answer that the majority of people will buy into. And that is that we all must hear. There is no other condition that is acceptable. If by chance the attempt to make people hear fails …. well we will throw a few tidbits their way. Just to make it a little more easy. Those tidbits will be the absolute bare minimum.
The result? Well, we still have deaf kids struggling with the English language. We still have deaf kids and adults socially isolated. We still have services totally inaccessible so that deaf people are at risk. We still have a society that expects everyone to fit the norm and bugger the consequences. This is society disabling the deaf.
It is not just the deaf that society disables. It is every person that has a “disability”. Where I used to work there is a long section of tram stops that have all been raised so that wheelchairs can get onto the trams. There are crossing lights so that people can safely cross to the tram stops in the middle of the road. There are ramps so that wheelchairs can access the stops. There are sound alerts at the crossing lights for vision impaired. YES – people are finally thinking access, except – all the trams that service these accessible stops are the old type that have steps. And then when you arrive at my old work, you access it through a subway which is accessed … by steps. It is not the “disability” that is the disabling; it is the profound lack of foresight that exists in our society.
People don’t have disabilities. They really do not. We, the society, disable them. We, with our obsession with normalcy, expect everyone to fit in with the norm. And that’s how we are Disabling the Deaf .
(And just about every other person that has a physical condition not considered the norm.)
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Enabling the Deaf →
2 thoughts on “Disabling the Deaf”
well said and one more point along the age spectrum says:
Thank you very well written just to add one more once the Deaf, Deaf, live the working life ‘disabled by society’ they have retired at 65 years proud, strong, and astonishingly beautiful with resilience, yet still denied NDIS Auslan Interpreter packages to enable access to the wider community not just medical interpreting.
I believe that our Deaf community could make a lot more noise about it supporting our Deaf Elders. I am wondering if you feel that thiis story could be submitted into the “inquiry into Hearing http://www.aph.gov.au/Parliamentary_Business/Committees/House/Health_Aged_Care_and_Sport/HearingHealth along with any other readers that would also consider.submissions.
Diana Hodgetts says:
An excellent article with good points of view with interesting opinions/ honesty with frankness. Thank you for your time in writing this particular article.
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Pipestone Archaeological Society
Submitted by Keith Lewis
The Pipestone Creek wanders through the varied parkland landscape of southeastern Saskatchewan and for centuries its deep valley has provided shelter and food for prehistoric man. The valley lends its name to the Pipestone Archaeological Society, a group of avocational archaeologists, historians and collectors, which formally organized in the spring of 2003. An inaugural meeting was held at the Moosomin museum building by a group of interested people. Tim Jones, then Executive Director of the Saskatchewan Archaeological Society, brought information and guidance on the development of a new chapter in the Moosomin area. The new chapter was named Pipestone Archaeological Society and was organized under the enthusiastic leadership of Greg Nosterud as founding president in 2005.
Members of our new chapter realized that the southeast region was rich in archaeological history. Members such as Gary Garrett and David Dahlgren took on the task of exploring and recording new and existing sites. The “Shire site”, comprised of a serpent effigy, medicine wheel, and numerous stone lines, was one of our foremost discoveries and is now recognized as a Site of Special Nature. One project we recently completed was the aerial survey of the Moose Mountain Medicine Wheel. A wildfire swept the medicine wheel area of the Pheasant Rump Reserve in the spring of 2012 and revealed the stone effigy as it hadn’t been seen in many years. Pipestone members organized to flour the stones and do extensive aerial photography of the area.
Over the years our organization has formed a very rewarding relationship with a group of residents of the Pheasant Rump First Nation Reserve. Our organization recognizes the value of the archaeological resources that we find to our Indian friends. We often are welcome at their ceremonies and greatly appreciate their advice and guidance. Whether we are involved in meetings, researching new sites or old, an invitation is always extended to our First Nation friends.
The Pipestone Archaeological Society has often found itself focusing on issues relating to archeological conservation. Whether it be oil, agriculture, minerals, or other development on our prairie landscape, the potential to damage or destroy our archaeological resources becomes more obvious and the need to recognize and protect those resources become more important. Our organization believes we must do whatever we can to work with landowners, government, fellow archaeologists, and First Nations people to recognize and preserve the archaeological heritage of our region and our province.
Over the years since its organization, Pipestone has brought together a diverse group of people, all interested in the evidence of historic and prehistoric man in the southeast region. The record will show that many existing known sites were given more detailed attention and many new archaeological sites were discovered. Collections of artifacts collected over lifetimes were dusted off and given the attention they deserved. Members exchanged information within the community and though their affiliation with the Saskatchewan Archaeological Society had access to knowledge and opportunity shared throughout the province.
The current Chapter Representative for the Pipestone Archaeological Society is Clint Blyth.
I ranch with the able help of my current wife, Jody, on the Pipestone Valley of southeast Saskatchewan. We have two boys aged 26 and 28. I was born and raised in southern Alberta and obtained my Bachelors degree in geology from the University of Calgary in 1983. I worked in the oil and gas industry until 2008 when we sold our small farm and feedlot in Alberta to move to Saskatchewan to ranch “full time”. We mainly custom graze cattle, which leaves us more time to explore and appreciate our new home. We enjoy many outdoor activities like hiking, hunting, fishing, horseback activities and training our dogs. I am a member of the Pipestone Chapter of the SAS, which I joined in 2011. I am also on the boards of the Pipestone Watershed Group and the Fleming Heritage Society.
My interest in archaeology stems from my passion for studying the puzzles of the geological and paleontological history of the earth and the people on it. I especially enjoy western Canadian history, both pre and early post contact. I believe we can learn a lot about living in and managing our landscape in a sustainable manner from what was happening here before we significantly industrialized. It’s not just old stones and bones. Heritage knowledge has an important part to play in our future.
Facts some may find interesting about myself and some may dread are that I enjoy collecting old cast iron cookware, western Canadian historical journals, antlers and shotguns. As my wife would attest to, “there is a fine line between a collector and a hoarder”.
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Tag: Ratcliffe Highway Murders
The Highway: another London murder street
Photo courtesy of streatsoflondon.com
Another murder street but first, a small diversion. I am still struggling my way through the TV series ‘Whitechapel’ but it is living up (or down) to my fears that, like ‘Ripper Street’, it will degenerate from a police drama with some interesting history snippets into a kind of soap opera with policeman. (It hasn’t helped that one of the senior policemen was a serial killer in another series I watched recently so I keep expecting him to show his true colours.)
I see that the next episodes are centred around the Ratcliffe Highway Murders, which I know a bit more about than I did about the Kray brothers, who featured in the last few episodes. My mother was an avid reader of true crime so I read quite a few books on that subject while I was growing up.
And now, on to murder. The Highway in East London was once a Roman road that ran from London to the east and has been renamed twice: from Ratcliffe Highway to St George Street and now The Highway. The original name came from the nearby red cliffs.
Even by the early 19th century it was a centre of East End crime and largely inhabited by sailors and those catering to the seamen’s needs. According to Walter Thornbury in Old and New London, it was: “The Regent Street of London sailors, who, in many instances, never extend their walks in the metropolis beyond this semi-marine region.”
The early 19th century also saw the Ratcliffe Highway Murders, which pre-dated the activities of Jack the Ripper and caused the Wapping area as much error and confusion.
The first incident occurred on 7 December 1811 when a draper and respectable family man, Timothy Marr, sent his maid Margaret Jewell out to buy oysters. Upon her return, she was unable to get back into the shop upon her return and summoned help.
The house was finally broken into, revealing the bodies of Mr Marr and the shop boy downstairs, and Mrs Marr and their child upstairs. They had been murdered with a maul and a ripping chisel that were found on the floor of the shop.
Less than a week later the landlord of a nearby pub, his wife, and their maid were all found with fractured skulls and cut throats. There was a public outcry, rewards were offered by the government, and over 40 people were arrested for the crimes before the finger of suspicion for these murders pointed at John Williams, who was staying at the nearby Pear Tree Inn in Cinnamon Street.
A sketch of Williams’ corpse along with the murder implements. The sketch does not match the physical description of Williams.
Williams, an acquaintance of Timothy Marr, had been seen returning to his room late on the night of the second murders. He maintained his innocence but was sent, along with two other suspects, to Coldbath Fields Prison. There was a good deal of circumstantial evidence against him for the second murders but, before he could go to trial, Williams was found dead in his cell, having apparently hanged himself.
There are theories that he did not commit suicide but was murdered so the authorities would look no further and reassure an uneasy public that the murderer was no longer at large. The pre-trial hearings continued despite the death of the major suspect, and Williams was eventually deemed to be guilty of both murders, despite the fact that he had not been considered a suspect in the first killings.
Williams was buried with a stake through his heart; some years later, during the excavation of a gas company trench, a skeleton was unearthed with the remains of a wooden stake through its torso. The landlord of a nearby pub was reported to have taken the skull as a souvenir but the whereabouts of the grisly souvenir are unknown.
Posted on January 26, 2019 by thestreetnamesPosted in People, Street nameTagged Cinnamon Street, Ratcliffe Highway Murders, The Highway. 2 Comments
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Kuehne + Nagel’s majority stakeholder brands shipping giants’ foray into freight forwarding „disturbing”
Klaus-Michael Kühne, honorary chairman and majority stakeholder of Kuehne + Nagel, has described the trend of large shipping companies entering the freight forwarding space as a „disturbing” development.
Kühne made the comments in an interview with nieuwsbladtransport.nl, during which he talked about a number of issues facing the world of logistics.
Kühne admitted that although he had long foreseen Maersk’s decision to extend its portfolio (e.g. via the acquisition of Damco), he was surprised by CMA CGM’s acquisition of Ceva Logistics.
When asked by nieuwsbladtransport.nl whether the big shipping companies entering the freight forwarding market was a big problem, Kühne described the development as „disturbing”:
I certainly find this development disturbing. As a forwarding agent, we have always had a good division of work with the shipping companies as logistics partners. A large part of the cargo supply is delivered by the forwarders to the shipping companies. We as K + N prefer to work in partnership with the container carriers. The business focus is always on the continuous improvement of both the quality and reliability of services.
Kühne did add that he and his specialists are confident his company will ultimately win out thanks to the know-how, advice and added value they can offer compared to the shipping giants.
Even so, Kuehne + Nagel’s honorary chairman was still keen to stress the significance of the big shippers’ foray into the freight forwarding market:
I want to underline again; what Maersk and CMA CGM are doing now is a turning point. It can lead to changes in logistics structures, and that development is really preoccupying me at the moment.
Kühne was then asked about whether his company would consider entering the shipping market as a means of fighting back against the likes of Maersk and CGA CGM.
The 83-year-old replied that he had once joked about doing just that, but admitted that it is much easier than it sounds.
Kühne nonetheless underlined that he does have a stake in German shipping company Hapag-Lloyd, which he says „may prove beneficial in future developments that cannot yet be predicted.”
You can read the full interview in Dutch here.
Photo credit: Alfvanbeem / Wikimedia Commons
XPO strengthens in Europe with new...
XPO strengthens in Europe with new distribution centre and Kuehne + Nagel’s Drin...
Kuehne+Nagel’s profits increase in third quarter
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‘Make our Planet Great Again’ – the Transatlantic Discord on Climate Change
On September 18, 2018 February 21, 2019 By jnsteinbergIn Environment
Record breaking temperatures were reported this summer across the globe from Japan to Scandinavia and from Sub-Saharan Africa to North America. Heat waves led to wildfires conquering land beyond national control. As international teams were called upon for support, the environment became a focal point of transatlantic collaboration. This is one, and only one, significant example demonstrating the importance of the transatlantic relationship between regulation and climate change. Building on the perspective that humans, animals and the environment exist within an interconnected ecosystem and are therefore all affected by climate change, this piece draws attention to the transatlantic initiative to combat climate issues.
The international community has recognized the importance of adopting sustainable approaches to environmental concerns. Dating back to 1992, the United Nations Framework Convention on Climate Change (UNFCCC) was negotiated at the Rio Earth Summit and went into full effect in 1994. The objective of the Convention targeted offsetting the negative environmental effects of greenhouse gases. Following this agreement in 1995, the Conference of the Parties (COP) began convening on an annual basis to discuss actionable responses to climate change. As the environmental issues the world faces continue to evolve, the type of language and agreements made have been amended to suit such evolutions.
One of the most recent landmark negotiations, the Paris Agreement, was reached on 6 November 2016, and went into effect after being ratified by 55 countries. The main aim of the agreement is to ‘strengthen the global response to the threat of climate change by keeping global temperature rise this century well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5°C,’ as reported by the UN. There are currently 175 states that have ratified the treaty, those of which with larger economies are expected to provide financial and technological resources to enhance the capacity of all member states to reach the goals outlined in the agreement. Reducing emissions requires a unified effort from global partners as the environment crosses socio-political and economic boundaries. The effort to combat climate change was therefore led with strong initiatives from European and North American member states. Until recently, the United States of America (US) under the Obama Administration, had pledged full support to the Paris Agreement. However under the Trump Administration, the cohesiveness of transatlantic relations regulating the environmental issues is under threat.
Despite international policies and institutions actively protecting the environment, discord remains amongst the world’s leaders on the facts, figures and future. Under the Trump administration, environmental concerns have been regarded as insignificant. Some of the other recent rollbacks include: consideration to remove securities protecting endangered species and wildlife, changing the standard for reduced car emissions, dropping ‘climate change’ from the Federal Emergency Agency’s (FEMA) strategic plan , removing climate change as a threat to national security, proposing to cut federal funding for climate change and renewable energy research, censoring the word ‘climate change’, ordering offshore drilling, and other reversals of Obama-era policies protecting the environment. These decisions place the stakes as high as the recent rise in temperature. In August 2017, President Trump announced the USA’s formal withdrawal from the Paris Agreement, which further challenged the international community to reconsider their role in protecting the environment. It is interesting to consider how much influence such decisions have, both politically and environmentally. While these policies reverse the progress of protecting the environment, the US does not necessarily maintain a loud voice influencing further political discourse. The complexity of this issue asks who ‘speaks’ louder in the transatlantic relationship, the US or their European counterparts?
The changing dynamic of environmental policies spanning across transatlantic relations draws attention to the shift in responsibilities. When the US rescinded their commitments, European countries, such as France, Spain, Italy, Belgium and Germany, took giant leaps forward to protect the environment. Many heads of state refused Trump’s offer to renegotiate the terms of the multilateral Agreement and reaffirmed their commitment to upload it. The European Union (EU) stated that it remains committed to ‘fighting climate change at [the] global level through both domestic action and international cooperation’. Pollutants, alternative energy and transportation, sustainable agricultural practices, green city construction and producing less emissions all fall under their umbrella of targeted commitments.
Part of the transatlantic relationship regarding the environment involves socio-political mechanisms to ensure accountability of each state’s commitments to the natural world. The implications may not be material and immediate (e.g. sanctions or war), yet they may still be damaging and long-term. The threat on humanity is significant, and according to the World Health Organization (WHO), ‘between 2030 and 2050, climate change is expected to cause approximately 250,000 additional deaths per year.’ Protecting the environment is a top priority, particularly when one or more countries refuse to commit resources and policies to international agreements that seek to combat climate change.
Transatlantic relations are notably embedded in this intersubjective relationship of regulatory responsibility. When a party fails to recognize its part in that ecosystem, other states have proven to ensure the stability of our shared nature. To exemplify, French President Emmanuel Macron was quick to award American scientists a grant to relocate to France in order to continue their noteworthy environmental research. Gaining transnational reach, President Macron used the slogan, ‘make our planet great again’, as a spin off of President trump’s presidential campaign, ‘make America great again’. President Macron’s outreach is representative of how European leaders gathered growing support for environmental protections from informal actors, across international borders. Civil society, public opinion, and the media, continue to play an imperative role in realigning the narrative with the US’s transatlantic partners. President Trump may have thrown the Paris Agreement in flames, but European partnerships with North American allies are putting out the fire.
There is a regulatory understanding in transatlantic relations regarding the environment and its importance to global security, economics, health and nature. Beyond political institutions, the global news educates the public with content about sea levels rising, glaciers melting, endangered species being threatened, and an understanding of how our climate is changing. Even with the US ignoring and abandoning environmental agreements, there remains an active dialogue and partnership fighting to save the species that roam this planet and the nature that provides life. As the climate continues to change and the dialogue continues to persist, we must focus on the relationship between rules, responsibilities and security. This is a starting point in understanding how the environment is regulated through transatlantic collaboration.
Extending borders: What are the consequences of the EU externalising its migration management?
One thought on “‘Make our Planet Great Again’ – the Transatlantic Discord on Climate Change”
Interesting piece. How do you think this will feed into the Bangkok climate change conference taking place in September 2018?
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RADIATION PROTOCOL
A COMPREHENSIVE HOLISTIC APPROACH TO THE PLAGUE OF RADIATION
By Rabbi Gabriel Cousens, M.D.
Today, although our focus is on Japan’s nuclear power plant disaster and tsunamis, we actually have a variety of radiation exposures that have been with us since the 1960’s. Nuclear plant meltdowns are the most serious threat that we most immediately share, but there are also accidents at sterilization and food radiation facilities, which have in the past released cesium 137 as well as cobalt 60. There are also routine leaks and emissions from common devices and equipment that use nuclear technologies such as x-rays, mammograms, CAT-scans, and full-body scans. We also have radiation exposure from accidents at nuclear weapons sites, nuclear submarine accidents, radon gas, and cigarette smoking. Microwave towers, cell phones, and this whole new technology are additional major sources of cancer-causing radiation exposure. We are literally drowning in a continual sea of radiation exposure. The earth changes that have brought about the Japanese nuclear disaster have given us another opportunity to wake up to what is happening. Our total radiation cultural exposure is a symptom and a reflection of our struggle between the Culture of Death and the transition into the Culture of Life. In this context, a nuclear meltdown at a power plant is not our sole concern, although it is a major acute problem. Last, but not least, is the nuclear fall-out from depleted uranium ammunition, missiles, and bombs, and nuclear wars. All are happening within these times of complicated earth and consciousness changes.
Unfortunately, aside from the nuclear blowouts at Three Mile Island (1979), Chernobyl (1986), and now at Fukishima (2011), accidents at nuclear power plants happen more frequently than we are aware. Over a 15-year study, ending in 1985, there were 151 significant nuclear accidents in 14 western countries with a total of close to 3,000 mishaps at nuclear plants. We don’t have to wait for a mishap, when being within 50 miles of a nuclear plant, in itself, is a serious lifestyle mistake. The lack of civilian regulations at nuclear military facilities adds an additional danger. These are things worth considering in the bigger picture and not just in the immediate crisis.
Additionally we have increased radiation exposure at airport security checkpoints through the backscatter x-ray devices. These are clearly dangerous and add to the health risk, when we understand what all the serious radiation experts have made clear: total overall radiation exposure is an accumulative problem that may result in all levels of disease.
Radon gas (mostly from cement) and cigarette smoking also create radiation exposure. Cigarette smoking gives off two radioactive particles: polonium 210 and lead 210, which are breakdown products from radium 226, found in phosphate fertilizers used in commercial tobacco farming. Cigarette smoke is found to contain radioactive radium 226 and potassium 40. This is significant when again we are talking about total radiation build up.
Contrary to the popular belief, the most serious threat of radiation exposure is not an atomic thermal blast (if you survive the heat of it); it is low-level radiation that builds up over a long period of time. This is not a new understanding. It was discovered in 1972 through the research of Dr. Abram Petkau. Serious radiation damage is the result of free radical activity and its destruction of cellular structures. This free radical destructive activity may happen from small amounts of radiation exposure as a result of eating radioactive particles that have fallen on food and water. These radioactive minerals are incorporated into the body’s cellular structure. Free radical production causes radiation sickness and contributes to higher rates of cancer, as well as cross-linking among tissue proteins. These free radicals cause inflammations, damage to lung cells and blood vessels (contributing to higher rates of atherosclerosis as pointed out by world radiation expert Dr. John Gofman, MD, PhD), produce mutations, and cause degenerative diseases, including cancer. Long-term exposure to low levels of radiation is extremely dangerous, which is why there is no safe level of radiation exposure. According to Dr. John Gofman and other top radiation physicists and medical doctors, the total dose from our total exposure impacts us. It is accumulative.
According to Dr. Ernest Sternglass, Professor Emeritus of Radiological Physics at the University of Pittsburgh School of Medicine, Dr. Petkau found the free-radical effect from chronic low-radiation exposure to be one thousand times greater than from a single large exposure from an atomic blast. In this context there is no safe permissible level of exposure. What is called “safe” is simply what the governments can get away with. It is actually at low levels of radiation exposure that free radical damage becomes more efficient according Dr. Pekau’s observation. This explains why leukemia and other cancers are occurring at 100 to 1,000 times more than initially predicted at Hiroshima.
In summary, “There is no safe dose of radiation since radiation is cumulative. Harm in the form of excess human cancer occurs at all doses of ionizing radiation, down to the lowest conceivable dose and dose rate.” ~ John Gofman, Ph.D., M.D. in Radiation and Human Health
“There is no safe level of exposure and there is no dose of radiation so low that the risk of malignancy is zero… the genetic risks, and especially those associated with recessive mutations, may be as harmful and debilitating to the human race as the increases of cancer.” ~ Dr. Karl Z. Morgan, director of the Health Physics Division of Oak Ridge National Laboratory, in Sept. 1978 Bulletin of Atomic Scientists
The late Dr. John Gofman, as both a physician and a physicist, was hired by the Atomic Energy Commission to investigate the effects of radiation on human beings. I have read all his books, and he has published an immense amount of material. He concluded that radiation exposure produces a direct linear correlation in the increase of cancer incidence. His findings in 1985 indicated that the dose of radiation allowable by nuclear plants (permissible radiation leakage) would result in an additional 16,000 to 32,000 cancer deaths each year.
In the book, Killing Our Own: The Disaster of America’s Experience with Atomic Radiation by Harvey Wasserman, it’s reported that following the Three Mile Island nuclear reactor accident, the cancer rate of those living within a 50-mile area increased sevenfold and that 58% of the births had complications. Dr. Gofman estimates in his book X-rays: Health Effects of Common Examinations that X-rays induce more than 45,000 fatal cancers yearly. Radiation is far more toxic than chemicals and pesticides.
Another problem the world faces is that radioactive isotopes stay active for a long time. Strontium-90 has a radioactive lifetime of 560 years. Plutonium-239 has a full radioactive life of 500,000 years. Cesium-137 has a radioactive lifetime of 600 years. I-131 is radioactive for 160 days.
An English physician, Dr. Alice Stewart, a recognized world authority on nuclear epidemiology, discovered that women exposed to diagnostic X-rays during pregnancy had offspring with two times the likelihood of developing leukemia as did children who had not been exposed in utero. Babies exposed to one x-ray during their first trimester were 12 times more likely to have leukemia than those that were not exposed. I obviously do not recommend air travel for pregnant women during the first three months of pregnancy. Dr. Sternglass pointed out that this discovery of a one-thousand fold radiation sensitivity in the early human embryo could explain his findings of increased infant mortality due to all causes following an exposure to nuclear fallout from bomb testing or nuclear plant explosions like Chernobyl. Sternglass hypothesizes that when the fetus or infant is exposed to radioactive elements, such as strontium-90, the radioactive particles accumulate in the bone marrow, where the cells of the immune system are developing, and disrupt their functioning.
We are not simply talking theory. The point is that we have historical models of radioactive disasters. Unfortunately one of our best historical models is the tragedy of Chernobyl. We find in the post Chernobyl statistics for the U.S., compiled by Dr. Sternglass and presented at the First Global Radiation Victims Conference in New York in September of 1987, infant mortality following the Chernobyl fallout showed a general 54% increase. In the Pacific region of the U.S. for three months Washington State had the highest rate in the region with a 245% increase in deaths per thousand live births.
California was next highest with a 48% increase in infant mortality as compared to June of the year before. The worst impact was in the Boston area, which showed an increase of 900% per thousand live births. Massachusetts also showed a 70% decline in newborns, and the total U.S. fertility rate decreased 8.3% in July and August to the lowest level ever observed in U.S. history. In the eight months following the accident, there was a total decrease of 60,000 newborns in the United States. This was followed by a return to the approximated average rate of live births in September. There was an additional increase in mortality amongst all ages during this time period, with Massachusetts being the highest, with a total increase in mortality of 43%, followed by California and Washington State with increased mortality rates of 39% and 40% respectively. The statistics show 35,000 more deaths for all ages in the US in the eight months following the arrival of Chernobyl radioactivity than would be expected based on the normal rates for this time in previous years. The potential plagues of the Japanese meltdowns are not a trivial problem, no matter what the mainstream media, or even the President, tells us. For example, the calculations from the Austrian Central Institute for Meteorology and Geodynamics expert, Dr. Gerhard Wotawa, said the I-131 released in the first 3 to 4 days from the Fukishima nuclear plant was about 20% of that released from Chernobyl in its first 10 days and the cesium-137 was 50% of that released from Chernobyl during its first 10 days. This can be extrapolated to 120%-150% of the cesium-137 released by Cheronobyl in its first 10 days, which is more than that which may have been released from the Fukishima plant during its first 10 days, provided that estimated release has remained constant.
Two major worldwide causes of radiation exposure that seem to have been overlooked by the general public in this bigger picture is the use of depleted uranium used by the allied forces against Bosnia, Iraq, and Afghanistan. According to geophysicist Leuren Moret, the equivalent atomic bombs released by the use of depleted uranium (DU) in Iraq, in 2003, were 400,000 Hiroshima bombs. The DU particle has a half-life of 4.5 billion years. Thirty-eight out of 40 people I tested in a pilot study in the United States had depleted uranium in their system; all DU was removed with NCD. In 1996, the UN passed a resolution that said DU weapons were weapons of mass destruction. In 2001 the European Parliament also passed a resolution against the use of DU. As a result of the use of DU as a weapon of mass destruction, the rate of cancer has gone up at least ten-fold in Iraq and the rate of congenital defects has gone up 600%. It is significant that there are at least 17 countries stock piling and using DU.
The use of medical x-rays is another source of lethal dangers. CT scans, for example, expose patients to hundreds, and sometimes thousands, of times more radiation. In 1980 there were 3 million CT scans done, and by 2007, it increased to 70 million. CT scans have now been found to produce up to 4 times more radiation than before. A study led by the National Cancer Institute showed that CT scans administered in the year 2007 alone may contribute to 29,00 new cancer cases and nearly 15,000 cancer deaths. A CT scan of the head is equivalent to 100 chest x-rays. A CT scan of the abdomen is equivalent to 500 chest x-rays. Whole body scans, which people are using “preventatively” is the equivalent to 900 chest x-rays. Dr. Goffman in the 1960’s documented x-rays cause not only cancer, but also cause vascular disease, because it damages the endothelial of the arteries and causes a cancer-like phenomenon known as atheroma. It also seems to cause arterial cells to multiply abnormally clogging the arteries.
The evidence that has been studied thoroughly is radiation affects on breast cancer, and the rates are at least more than double for women who have received mammograms. Dr. Goffman has since proven that 75% of all breast cancer would not exist if people were not exposed to medical radiation; his statements have yet to be disproven. Moreover, women 20 years old and younger, exposed to mammograms, had a 13 fold-increase in breast cancer by the time they reach 35 years old.
TSA naked body scanners are also part of the serious environmental exposure as they greatly concentrate radiation on the skin and are not spread throughout the body. A Los Alamos scientist has shown that TSA scanners shred human DNA.
Another major source of radiation is the use of cell phones and microwave towers. In terms of physiology, the damage to the DNA from radiation is identical to the effects of electromagnetic radiation. RF/microwave and gamma waves are identical in their ability to create cancer at the cellular level, and there is no safe dose of either. The RF/microwave energies also disrupt the communication between cells. Many studies show people exposed to RF/microwave have increased cancer rates, particularly children. These have also been shown to disrupt mental functioning, cognitive abilities, and information processing abilities. In countries such as Russia, the protection against microwaves is 100 times more careful than here. The full research on cancer exposure from microwave radiation is building, and we will see in the next ten years that the results of their impact on causing cancer especially in younger children who are using this technology will be proven significant.
The important question is: What can be done?
Firstly, be as healthy as possible. Dr. Stewart’s study, titled “Delayed Effects of A-Bomb Radiation: A Review of Recent Mortality Rates and Risk Estimates for Five-Year Survivors”, published in the Journal of Epidemiology and Community Health in 1982, showed that those who were the healthiest were the ones with the best survival rates. Dr. Irwin Bross, in his article published in the New England Journal of Medicine in July 1972, was able to select which children would be 25 times more likely to develop leukemia from X-ray exposure. His work reinforced the point that one cannot determine “safe levels of radiation exposure” based on an “average exposure” of “average individuals”. This fallacious concept of an “average”, safe exposure limit does not provide an exposure limit that protects the most susceptible groups. There is no such thing as an average or safe dose of radiation. Susceptibility varies according to the quality of one’s health. The population groups that are most susceptible are those in poor health, fetuses, infants, young children, and older people.
My radiation protection approach is built on six principles:
I. The first is the principle of selective uptake, which essentially means that if one has enough minerals in the system, the cells become saturated with healthy minerals. Once cellular mineral saturation occurs, there is less opportunity for radioactive minerals to be absorbed into the system. Key mineral protection approaches are as follows:
1) Calcium protects the bones from strontium-90, strontium-85, barium-140, and radium.
2) Potassium protects the muscles, kidneys, liver, and reproductive organs from cesium-137, cesium 134, potassium-42, and potassium-40.
3) Iodine protects the thyroid and gonads from iodine-131.
4) Iron protects the lungs, liver, and gonads from plutonium-238, plutonium-239, iron-238, and iron-239.
5) Zinc protects the bones and gonads from zinc-65.
6) Vitamin B12 protects the liver and reproductive organs from cobalt-60.
7) Sulfur protects the skin from sulfure-135.
Radioactive iodine is a major nuclear plant meltdown contaminant. Research suggests that one milligram of iodine for children and 5 milligrams for adults would reduce the amount of radioactive iodine from direct I-131 exposure accumulated in the thyroid by 80%. Other high iodine foods are swiss chard, turnip greens, wild garlic and onion, watercress, squash, mustard greens, spinach, asparagus, kale, citrus foods, watermelon, and pineapple. Too much iodine may cause overstimulation of the thyroid. (If one is being treated for hyperthyroidism or cardiovascular disease one needs to contact a physician about how much iodine they should take.)
II. The second action in the protection against radiation exposure is that of chelation. Certain foods actively draw the radioactive materials to them and pull them out of the body via the bowel and kidney excretion process. An important chelator for pulling radioactive material out of the system is sodium alginate. Sodium alginate reduces the amount of strontium-90 absorbed by the bone by 53-80%. Sea vegetables are high in this natural chelator. The kelp family contains the most sodium alginate. It includes kelp, arame, wakame, kombu, and hijiki. Work by J.F. Sara at the Environmental Toxicology Laboratory of the EPA, and A. Huag, reported in the Composition and Properties of Alginates, Report no. 30, showed that the alginate binds other metal pollutants, such as excess barium, lead, plutonium, cesium, and cadmium. Brown sea vegetables bind excess strontium and iron. Red sea vegetables, such as dulse, are best for binding plutonium. The green algaes bind cesium-137 most effectively. Pectin found in apples and sunflower seeds, zybicolin found in miso, phytates found in grains, beans, and peas, and cellulose and lignin found in non-dissolvable food fibers are all excellent chelation agents. A particular concern that I have is that after radioactive materials are chelated, they can collect in the kidneys and not be fully excreted.
I strongly recommend Natural Cellular Defense (NCD) to move elements out of the kidneys safely and effectively, as well as from the rest of the body. Researchers have estimated that it is up to 9 to 20 times a more powerful chelator than naturally occurring zeolites because of its purification and empty shell. It has been explicitly shown in research to pull out radiation, heavy metals, and radioactive minerals. The research on the use of zeolite in Chernobyl show that giving 1 to 2 zeolite cookies per day cleared all radiation after 3 days for adults and children. However, the zeolite powders primarily remove the radioactive minerals from the intestines, whereas the NCD, which is micronized and purified, not only cleans the gut, but moves through the intestines into the body’s tissues and circulatory system to remove radiation particles from the blood and brain. This is remarkable. NCD plays an important role against radioactive minerals, which it specifically chelates throughout the body. This is the most powerful chelating agent we have available to us, and I strongly recommend 10 drops, 4 times daily, for maintenance and up to 10 drops, 6 times, daily, for acute exposure. NCD has also proven very effective in removing depleted uranium from the system. It is the number one chelating agent for all types of radioactive minerals. Clay is also excellent for chelating radioactive materials out of the intestines. It is best to use if there is a major exposure. An excellent and moderately priced clay is Therapeutic Living Clay (a natural calcium bentonite purified clay). A reasonable dose is 1 tsp. orally daily. For a heavy thyroid exposure, I recommend 2 Tbsp of Medi-Body Pack mixed with 2 tsp. of Nano-Green Tea Extract and 1 capful of hydrochloric acid to place over the thyroid to draw toxins out of the thyroid. One pound of bicarbonate of soda and 1 pound of sea salt (or salts of magnesium) in a bath to remove uranium from the kidneys and total system for heavy exposure is also recommended.
III. The third protection principle is to keep the body high in antioxidant nutrients and enzymes, which will nullify the free radicals created by the radiation exposure. I recommend two antioxidant supplements:
1) Take two capsules of MegaHydrate twice daily.
2) Antioxidant Extreme 10 capsules twice a day, under extreme circumstances.
IV. The fourth protection principle is that there are certain foods and herbs that specifically protect against the overall effects of radiation or radiation treatments. Foods containing chlorophyll have long been known to protect against radiation. Research has found that cabbage, leafy green vegetables, spirulina, chlorella, wheatgrass, any sprouts, and blue-green algae all reduce the effects of radiation. Additional foods that protect against radiation include:
Soy miso, according to post-Hiroshima research, was shown to increase resistance to radiation amongst laboratory mice by five times.
Beets protect against the uptake of plutonium -238, -239, iron-55, and -59. J. Wolsieffer reported in the Journal of Dental Research, in 1973, that rats fed a diet of 20% beet pulp had 97% to 100% less cesium-137 absorption than rats exposed to the same radiation but not given the beet pulp. Beet juice is particularly high in a specific anthocyan, which is active against cancer and leukemia.
Bee pollen is another potent anti-radiation food. Bee pollen is also high in vitamins A, B, C, and E, nucleic acids, lecitin, cysteine, and vital minerals such as selenium, calcium, and magnesium. All of these nutrients contribute in their own way in helping to protect against radiation. One study reported in Fighting Radiation and Chemical Pollutants with Foods, Herbs, and Vitamins, conducted by Dr. Peter Hernuss at the University of Vienna Women’s Clinic, showed that bee pollen significantly reduced the usual side effects of both radium and cobalt-60 radiotherapy in 25 women treated for inoperable uterine cancer. As compared to the women who did not receive bee pollen, subjects had less nausea; 80% less loss of appetite; 50% less urinary, rectal, and sleep disorders; and 30% less general malaise and weakness after the treatment. Bee pollen has 15% lecithin, which is useful in protecting against strontium-90, X-rays, iodine-131, krypton-85, ruthenium-106, zinc-65, barium-140, potassium-42, and cesium-137. Bee pollen specifically protects the gonads against the accumulation of iodine-131 and plutonium-239. Bee pollen is high in nucleic acids, which a variety of research has shown increases the survival of mice against radiation.
Garlic, onions, and ginseng are also protective against radiation due to antioxidants and factor X.
The best iodine supplement is Iodoral (50 mg in the morning 1 hour before food. It is two forms of active iodine together. Other superior forms are Iosol and Atomadine.
Siberian ginseng is an outstanding protective herb as an adaptogenic to double post-radiation lifespan of rats.
Chaparral contains a potent anti-oxidant known as NGRA. It was one of the few plants to survive atomic testing in Nevada.
Herbs including astragalus, echinacea, and panax ginseng have all been shown to counteract radiation toxicity to some extent.
I also have researched my list of kidney herbs, and it appears that the best for helping the kidney excrete radiation is a combination of herbals we carry at the Tree of Life called Quiet Contemplative, which is a yin kidney herb, and Dynamic Warrior, which is a yang kidney herb.
After 55 years of being listed as classified, research has released showing that 20 cups of green tea a day gave 97% or more protection against exposure to the atomic bombs over Hiroshima and Nagasaki. For this reason alone, green tea should be in the number one category for protection against radiation exposure. I recommend aNano-Green tea concentrate (fluoride-free) from½tspPremiumtwiceperResearchday. at
There has been a significant study around Russia, Chernobyl, and China that spirulina and chlorella are exceptionally good at detoxifying the body of heavy metals, providing up to a 50% decrease in side effects from radiation.
Rosemary (herb) has also been shown to protect against radiation.
V. The fifth protection principle is to alkalize your diet and to eat low on the food chain. A radiation protection diet has two aspects to be considered. Research published in the International Journal of Radiation in 1980, showed that if the pH of the cellular fluid was slightly more alkaline, then it would protect the cells against radiation. An alkalizing diet, which is also a live-food, plant-source diet is going to serve us best in these times.
Research at the Department of Radiation adopted from the radiological assessment of the Wyhl Nuclear Power Plant by the Department of Environmental Protection at the University of Heidelberg Germany in 1978, showed as a result of air exposure to radiation that cows milk was 15 times more concentrated with radioactive materials, and beef was 30 times more concentrated than leafy green vegetables. Freshwater fish were more concentrated with radioactive elements than seawater fish. Eating lower on the food chain is a logical and scientific approach to dealing with radiation. The evolutionary diet for humanity to take us into the Culture of Life and Liberation is indeed a plant-source-only, live-food diet. It is also clearly a diet for our survival in these chaotic times, as it has us eating lowest on the food chain. It has us eating an alkalizing diet. There are some practical things we can do to protect our food. Cover your garden with plastic. We do this at the Tree of Life gardens. We have also gone to greenhouses, not only because of the potential for nuclear fallout, but also to protect from chemtrails.
VI. The sixth principle is political action. For optimal protection, we must stop all nuclear plants, food radiation, and minimize X-ray exposure and backscatter airport radiation scanning. We must shut down these plants, as research has shown the risk of spills, which has already occurred, particularly with cesium-137, do happen. People who eat irradiated food have a potentially increased rate of cancer. Unfortunately, most research on food irradiation, but not all, has been done on animals. Minimize X-ray exposure and exposure to backscatter x-ray security devices. Again the most significant concept here is total accumulative exposure. Finally, minimize exposure to mammograms, CAT-scans, full body scans, and other radiation procedures, which surely raise our radiation exposure to higher levels.
It is important that we take a political stance against any further construction of nuclear plants. Existing nuclear plants, some of which are significantly unsafe, need to be closed down. In looking at the long-term effects of Chernobyl, which are quite tragic, we may want to consider that the meltdown death of a nuclear reactor is only the beginning of the problem, and it doesn’t have an end in our lifetimes, but it may prove to end our lifetimes. That is of grave concern. The Chernobyl area is unlivable and is 15,000 square miles. This is an area the size of Switzerland. The area will be uninhabitable for at least 30 years. Just dealing with maintaining the protection against the radiation (200 tons of nuclear fuel) at Chernobyl is a huge effort. The whole area has become a desolate forest. This is not a temporary problem; it is a lasting disaster. Even now the radioactivity given off in the area is so intense that scientists cannot even approach the facility. At the time of this writing, 25 years after the disaster, radiation levels are currently 2,000 times higher than the limit mandated by the industry.
We have our work cut out for us. We have been given the warnings. Prophecy has spoken. Will we pay attention? I pray that we do. Thirty-three hundred years ago in Deuteronomy 30:19, Moses said, “This day I call the heavens and the earth as witnesses against you that I have set before you life and death, blessings and curses. Now choose life, so that you and your children may live.” As you see, the problem of radiation and EMF’s goes way beyond a nuclear tragedy in Japan. We are surrounded by ionizing radiation and EMF caused radiation in a way that is actively supporting the Culture of Death. In these very unique times, it would be very important to look at our lifestyles to see how we can change our lifestyles to minimize our radiation and EMF exposure. What turns out to be a technological convenience may turn out to be a more serious inconvenience of disability and death. I would urge you to choose life.
Based on the post-Chernobyl studies of peri-natal mortality and overall mortality, the increase in the U.S. in these two statistics faded out about 3 months after the Chernobyl meltdown, which, in the Japan meltdowns, would be approximately the period between now and the end of June as the most important time to follow the recommended protocol.
In review, some simple things to do to choose life:
1) Mineralize well for nuclear plant meltdowns with
Iodoral (50-100 mg daily) – 1-2 tablets daily
Kelp tablets – 4-10 tablets daily
Spirulina is a great source of iron to protect against radioactive plutonium.
2) Chelate
Use NCD as the primary chelator at 10 drops, 4 times daily.
Use kelp (5-10 tablets) for I-131
Use dulse for chelating plutonium
3) Increase your antioxidant intake.
Antioxidant Extreme (10 capsules, 2 times daily)
Increase spirulina, chlorella, and E-3 Live in the diet
Increase all leafy greens and cruciferous vegetables
Take bee pollen (2 Tbsp, 2 times daily)
Increase garlic and onion intake
Use Siberian Ginseng, Panax Ginseng, Chapparel, and Rosemary
Nano-Green Tea (½ tsp, 2 times daily)
Mega Hydrate (400 mg, 2 times daily)
4) Eat an organic, plant-source-only diet, which naturally alkalizes the body and is low on the food chain. Additionally, cover your garden.
VII. Take political action to eliminate all potential sources of radiation exposure such as use of nuclear power plants, DU weaponry, and all nuclear weapons, as well as minimize use of cell phones and cell phone towers, for minimized EMF exposure to the environment. It is significant and a hopeful inspiration that Germany is the first country in the world with an explicit plan to shut down and phase out all nuclear power plants. They plan to do this by 2020.
Japan’s nuclear and industrial safety agency has admitted that the disaster was a level 5 (classified as a “Crisis causing several radiation deaths”, by the UN International Automic Energy Agency). Radiation in Japan is reportedly 1,600 times normal levels.
May we all be protected from future accidents by paying attention to the warnings of God to give it full attention so that we will outlaw all potential radiation causes and proceed with great care in radiation diagnostic testing, which is currently overused. May we realize that we are in a time of changes that require action on the physical plane and action on the spiritual plane to improve the quality and meaning of our lives so that we may move from the Culture of Death into the Culture of Life and Liberation in every aspect of our lives. Blessings to your health.
Gabriel Cousens, MD, MD(H), DD, Diplomate American Board of Holistic Medicine, Diplomate Ayurveda
All products listed can be found at www.drcousensonlinestore.com.
The Six Foundations for Spiritual Life
Subscribe to our newsletter to get this free pdf from Dr. Cousens.
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Chiefs urge Government to see sport as part of ‘solution’ rather than problem
Sports chiefs have called on the Government to see their respective pursuits as part of the “solution” rather than the problem as they wrestle with the implications of the tightened coronavirus lockdown measures.
Golf and tennis are among the outdoor sports to be shut down in England – although the former can continue in small groups in Scotland – while Skateboard GB says the rules relating to outdoor skate parks remain unclear.
England Golf chief executive Jeremy Tomlinson said he regretted having failed to convince the Government of the physical and mental benefits of allowing the sport to continue under strict social-distancing rules.
I think this is something worth supporting in the UK. With correct safety measures, golf is a sport which can easily function in these tough times. Great for exercise and general well being. https://t.co/ph97QBnAFZ
— Graeme McDowell (@Graeme_McDowell) January 5, 2021
Tomlinson told the PA news agency: “I apologise to all golfers out there that we haven’t been able to help the Government understand that golf could be part of a solution as opposed to the problem.
“I would very much class golf as part of walking, running and cycling; it’s in the open air, you naturally socially distance, you don’t touch anybody else’s equipment, you get a mental application, enjoyment and relaxation from it.
“And that’s before you even consider the strain that’s going to be on the open spaces and parks in an unregulated fashion.
“You would be taking circa 2 million people away from that, getting them on the golf courses, exercising in that way and again I think that could be a real positive.
“I hope to be able to convince the Government of that and at the very least to bring golf back sooner, rather than later.”
Following the PM’s announcement of a National Lockdown in England starting today, all indoor skateparks should close.
We are awaiting clarification from government about how the lockdown affects outdoor skateparks.#skatesafestaysafe #covid19 #skateboarring @Sport_England
— Skateboard GB (@SkateboardGB) January 5, 2021
Graeme McDowell and Lee Westwood have tweeted their support for a petition to keep golf courses open, with former US Open champion McDowell writing: “With correct safety measures, golf is a sport which can easily function in these tough times. Great for exercise and general well being.”
Tomlinson’s view was echoed by Skateboard GB chief executive James Hope-Gill, who said he saw no reason why the sport should not continue even as the status of some local authority skate parks remains unclear.
While indoor skate parks have been ordered to close, there is no specific mention of the fate of outdoor facilities, some but not all of which are operated by local authorities, in the latest guidelines.
“Skateboarding is a naturally socially-distancing sport and our ideal scenario would be that outdoor skate parks remain open because they are places people can go that are of physical and mental benefit.
“But all you need is a skateboard and a piece of flat ground. It is as legitimate a mode of transport as cycling, so as long as you are doing it safely and socially-distancing, we would urge people to keep skateboarding.”
Uncertainty surrounds the immediate future of outdoor skate parks (Jacob King/PA)
Health and leisure officials welcomed the announcement that the industry – as part of the whole retail, hospitality and leisure sector – is eligible to apply for funding from £4.6billion in Government grants.
It is understood, however, that there is a maximum grant of £9,000 per facility based on rateable value, and there are only 7,200 facilities in the fitness and leisure sector.
Officials also stressed the need to protect “the physical and mental wellbeing of people across the UK” in light of the closure of a wide range of facilities.
A spokesperson for the Sport and Recreation Alliance, which represents over 320 national sports organisations across the UK, said: “The Sport and Recreation Alliance welcomes the Chancellor’s announcement of additional financial support today and we will be working with our members and Government over the coming days and weeks to understand what further support may be required.
“We continue to believe that sport and physical activity are key to supporting the nation’s health and wellbeing during this difficult period and hope that, as restrictions are lifted, grassroots activities can be restarted and facilities reopened as quickly as possible.”
However Huw Edwards, CEO of ukactive, said in a statement: “While we welcome the further support from the Chancellor, the top-up grants and funding pots will not be sufficient to save our sector’s facilities and jobs, particularly once shared across the retail, hospitality and leisure industries, as this will be no more than a sticking plaster for the financial challenges being faced.”
📢 Financial support
The Chancellor @RishiSunak has today announced one-off business support grants of up to £9,000 to help retail, hospitality and leisure businesses get through the months ahead
See what support is available for you and your business➡️ https://t.co/FJulZi7t9y pic.twitter.com/yoQyUPEppg
— Sport & Rec Alliance (@sportrectweets) January 5, 2021
The Lawn Tennis Association also made a case for its sport to continue, while the British Horseracing Authority confirmed racing would go ahead behind closed doors.
GB Taekwondo performance director Gary Hall warned the impact of the closure of sporting facilities would not be fully appreciated for a number of years.
Hall said: “The long-term damage could be significant because you are switching so many young people off.
“You’ve got to stimulate the grassroots and it’s an issue that will come back to haunt us in two or three years because there will be fewer people doing sports.
Future taekwondo stars may be few and far between (Martin Rickett/PA)
“I believe there is always a way to keep activity going, and I think there should have been a way to maintain it, in a limited and carefully-controlled way, for the next six weeks.”
Manchester United boss Ole Gunnar Solskjaer, whose club play Manchester City in their Carabao Cup semi-final on Wednesday, acknowledged that elite sport was in a “privileged” position in being allowed to continue.
“Of course it’s a hard and difficult situation for everyone,” the Norwegian said.
“Last year, since March until now, has been a testing time for everyone and we are privileged to be able to play football under the protocols that we are working under.
“Hopefully we can continue. I think mentally for many it would be a release to watch games now, especially in full lockdown again, so hopefully we can continue.
“But we know that we have to work hard to stay within the rules and guidelines and that we’re doing our best to keep the show on the road.”
Forty positive coronavirus cases were discovered over two rounds of Premier League testing in late December and early January.
The league announced its latest figures on Tuesday afternoon which showed that of 1,311 players and club staff tested between December 28 and 31, 28 came back positive for Covid-19.
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Is This Demo a Lost Prince Collaboration With Stevie Nicks?
Kevin Winter / Kevork Djansezian, Getty Images
Did Prince and Stevie Nicks get together for live demo titled "All Over You"?
Neither ever confirmed participation in a five-minute jam session, supposedly dating to the early '80s, that's been passed around on the internet for years. Some fans think they hear Prince's funky guitar style and Nicks' distinctive vocals, while others say the demo's technology and approach indicate that it was recorded much later. Decide for yourself by listening to the track below.
"All For You" would add context to a musical relationship that already produced Nicks' No. 5 smash "Stand Back." The fan favorite grew out of a moment when Nicks was listening to the radio on the day of her 1983 wedding to now-ex-husband Kim Anderson and heard the 1999 hit "Little Red Corvette." Nicks' gears began to turn.
"It just gave me an incredible idea, so I spent many hours that night writing a song about some kind of crazy argument – and it was to become one of the most important of my songs," Nicks wrote in the liner notes for her 1991 greatest-hits album, Timespace.
Still, she felt compelled to discuss Prince's influence on "Stand Back." "I didn't have to call and tell him that I kind of ripped off his song," she told Billboard in 2016, "but I did because I'm honest."
After putting together a basic recording, Nicks asked if Prince might like to visit the studio and hear the tune he inspired. “I know that 50 percent of it is yours — and, what are you doing later?" Nicks asked him. "Because we're here at Sunset Sound. Do you have any interest in hearing it?"
Nicks made the request, she later told Joe Benson on the Ultimate Classic Rock Nights radio show, “never in a million years thinking that he would say ‘yes.’"
Prince arrived within the hour. He promptly headed to the keyboard and mapped out a piano part. “That was the coolest thing we’ve ever heard,” Nicks remembered thinking. “Takes him an hour; he gives me a little ‘I don’t really know you’ hug – and, uh, he’s gone, like a little spirit.”
Nicks described Prince as "so uncanny, so wild" in Timothy White's 1991 book, Rock Lives.. "He spoiled me for every band I've ever had because nobody can exactly re-create — not even with two piano players — what Prince did all by his little self."
"Stand Back" emerged as a smash hit from her second album, 1983's The Wild Heart, though Prince wasn't credited on the song. She suggested working together again sometime in the future. In response, Prince sent along an instrumental cassette tape and asked if she would write lyrics for it.
"It was so overwhelming, that 10-minute track, that I listened to it and I just got scared," Nicks told the Star Tribune in 2011. "I called him back and said, 'I can't do it. I wish I could. It's too much for me.' I'm so glad that I didn't, because he wrote it, and it became 'Purple Rain.'"
Unfortunately, they never shared a stage together, leaving one of Nicks' dreams unrealized. She ruminated on the possibility before her second introduction into the Rock & Roll Hall of Fame.
"Had Prince not passed away, Prince would have come and played on a song with me because I get to do one or two or three songs," she told Rolling Stone in 2018. "He would have come and played on his and my song for the first time in history since we never got to play ['Stand Back'] together on stage. That’s the sadness that there are a few people that I would really loved to have shared this with, but life goes on and they are in my heart, so it’s okay. I have to let that part go."
Prince Year by Year in Photographs
Next: The 20 Biggest Prince Stories of 2020
Filed Under: Prince, Stevie Nicks
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HomeInterviewsQ&A with John Perkins on Australian Secularism – Session 1
Q&A with John Perkins on Australian Secularism – Session 1
John Perkins is the President of the Secular Party of Australia. The party is intended to promote secular humanist ethical principles in Australia as well as advocate for the separation of church and state. Scott interviewed John Perkins in April on the Secular Party of Australia, and the associated ideas, policies, and initiatives. In this educational series, they discuss secularism in Australia.
Scott Jacobsen: What is the current state of secularism in Australia? How does secular culture benefit Australian society?
John Perkins: Secularism exists in Australia in the sense that there in no state religion. However, Australia offers generous benefits and tax concessions to religious organisations. Australia would majorly benefit financially from a more secular culture, whereby religions are not supported, subsidised and promoted by the government. Currently, billions of dollars per annum are expended supporting religious schools. Religious organisations are tax exempt, costing further billions in government revenue. “Advancing religion” is, of itself, considered a charitable purpose, whether there is a public benefit or not, which is the core problem.
There would be an even greater benefit from a secular culture by creating a more harmonious society without the sectarian divisions which religious ideologies create. These divisions are intensified by religiously segregated schools that promote indoctrination of children into particular religions. This happens to a much greater extent in Australia than other comparable countries. Enrolments in religious schools, especially Islamic schools, have increased.
Jacobsen: What are some major ongoing threats to secularism’s survival?
Perkins: Paradoxically, as the population has secularised over recent decades, the state has increasingly advanced religious causes. As government social services have been privatised, religious organisations have been granted supervisory roles. Education is the main area in which secularism is threatened. While chaplains have been introduced at government schools, it is private religious schools where the main threat lies.
Religious schools have proliferated, with government support, and in the case of Islamic schools, with Saudi seed funding. Apart from teaching the standard curriculum, there is no control over what is taught in private religious schools. Hence a whole generation may pass through these sectarian schools, which may indoctrinate extremist views, without contact with students of other religions. The secular nature of society is thus eroded.
Jacobsen: You want to bring about “true” separation between church and state. What might be the negative outcomes if the culture was largely non-secular – where the church and state separation is nearly non-existent?
Perkins: The negatives can be observed when separation of church and state is absent. A few countries have strong constitutional separation of church and state. In most non-Muslim countries, however, there is little separation and the consequences are mainly in terms or inequity and wastage of economic resources, as in Australia. In all Muslim majority countries, however, religious law challenges or dominates civil law. Many Muslim counties constitutionally enshrine sharia law, which is the antithesis of secularism.
There are strong blasphemy laws in most cases. Freedom, human rights and democracy are undermined, as civil law is subservient to religion. As a consequence of the rise in global Islamism in recent decades, we have witnessed many countries fall into dysfunction, violent dystopia and failed state status. Few people, however, are able to recognise this as being an inevitable consequence of the loss of secularism, an essential ingredient of modern civilisation.
Jacobsen: Thank you for your time, John.
Clinical Psychology and Secular Therapy with Dr. Caleb W. Lack – Session 2
National Coming out Day: My Story
The Virtue of Tolerance – Lessons from a 17th Century Attic
May 16, 2017 George Suchett-Kaye 4
Tolerance is the universal religion that must be taught and valued within our communities, particularly during this time of social and cultural division.
Q&A on Atheism, Women’s Rights, and Human Rights with Marie Alena Castle – Session 1
Marie Alena Castle is the communications director for Atheists for Human Rights. She was raised Roman Catholic, but became an atheist. She has been important to atheism, Minnesota Atheists, The Moral Atheist, National Organization of Women, and wrote Culture Wars: The Threat to Your Family and Your Freedom (2013). She has a lifetime of activist experience, which I wanted to explore and crystallise in an educational series. Here are the results.
Interview with Caleb W. Lack – The Secular Therapist Project
December 18, 2016 Scott Jacobsen 0
Caleb W. Lack, Ph.D. is a licensed clinical psychologist, an Associate Professor of Psychology at the University of Central Oklahoma, and the Director of the Secular Therapist Project. Dr. Lack
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John Lautner’s Endangered Architectural Legacy, and What Los Angeles Can Do About It
John Lautner’s Rehabilitation Center, Woodland Hills/Courtesy sfvalleyblog.com
Los Angeles used to be famously indifferent to its architectural legacy, demolishing any building that stood in the way of a new freeway–or, for that matter, a new building. (For what was lost, see Sam Hall Kaplan’s LA Lost and Found [Crown, 1987]) Downtown is probably the most altered part of the metropolitan area, having lost most of its pre-WWI buildings–including hundreds of Victorian homes–during the construction of the freeway system in the 1950s and 1960s. Yet the new-is-better sentiment of our City fathers, past and present, has long been a motto for the region.
Recent decades have seen a gradual shift toward preservation, thanks largely to the Los Angeles Conservancy’s efforts. (Disclosure: A longtime Conservancy member, I have actively supported the landmarking of the Capitol Records Building and the Century Plaza Hotel, among others.) So it was a shock to learn in May that John Lautner’s Rehabilitation Center in Woodland Hills (now known as the Paul Weston Work Center) was about to be demolished by its new owner without so much as an Environmental Impact Report. After the Department of City Planning “concluded that the project site contained no potential historic and/or cultural resources”* it issued a Mitigated Negative Declaration (MND), clearing the way for demolition. Strangely, DCP did this without consulting its own Office of Historic Resources. In late May, letters and testimony in support of the Rehabilitation Center were presented at a hearing. A decision is pending. http://www.postperiodical.com/group-seeks-to-block-rehab-center-demolition/
John Lautner (1911-1994) trained under Frank Lloyd Wright at Taliesin, where his apprenticeship included carpentry and plumbing. Like Wright, he believed in “total concept” architecture, where the building is indivisible from the site. Though he was from Michigan, Lautner chose to settle and establish his practice in Los Angeles because its climate, both physical and philosophical, provided the ideal laboratory for his geometric forms and indoor-outdoor ethos. Like his mentor Wright, he was democratic, designing houses for middle-class clients as few prominent architects do today. As a result, his houses are scattered throughout Southern California, including two in Beachwood Canyon.
In the twenty years since his death, Lautner has been greatly celebrated for residential commissions such as the Chemosphere and the Wolff House, but his public buildings haven’t fared as well. In researching the Rehabilitation Center, I was stunned to learn that it is his second-to-last major surviving non-residential commission in Los Angeles County. (The other, Los Feliz’s Mid-Town School, is home to Lycée of Los Angeles.)
Staircase of the Wolff House, West Hollywood/Hope Anderson Productions
If the County allowed the Rehabilitation Center to be razed, Lautner’s public legacy would be halved, an odd fate for a man whose architecture is synonymous with mid-century Los Angeles. In that case, the most publicly accessible of his projects would probably be the glass addition of the Beachwood Market. Built in 1954, it remains so modern-looking that City building officials who inspected it after the 1994 Northridge Earthquake assumed that it was new.
John Lautner’s Addition to Beachwood Market/Hope Anderson Productions
*Los Angeles Conservancy mailing, 5/21/14
You are currently browsing entries tagged with Beachwood Market at Under the Hollywood Sign.
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Staff Picks: Folk music, Valley Music Showcase, Jewish Film
Darlingside // SATURDAY, March 24
If you like folk and bluegrass and haunting vocals you shouldn’t miss Darlingside’s tour stop at the Academy of Music Theatre in Northampton. I’m a little biased because the four members of Darlingside met while they were attending my alma mater, Williams College, but their music really speaks for itself. Their Northampton stop is part of their US tour for their brand new album Extralife, which was released in February. 7:30 p.m. $20-25. Academy of Music Theatre, 274 Main St., Northampton.
— Meg Bantle
Valley Music Showcase – March 2018 // FRIDAY, March 23
This month’s Valley Music Showcase for original music features a diverse group of bands, including alternative rockers, The Screaming Hearts, indie rock group, The Pilgrims, pop and country-tinged band, Merrill Shepard & Friends, and funk outfit, Ginja Low Main. 8 to 11:45 p.m. $6.22 general admission. New City Brewery, 180 Pleasant St., Easthampton.
Etched in Glass: The Legacy of Steve Ross // March 27
This documentary, as part of the Pioneer Valley Jewish Film Festival, tells the story of Steve Ross and the American soldier who rekindled his spirit to live by showing him kindness and giving him a small American flag. Ross endured 10 concentration camps over 5 years; as a teen he was placed in a Massachusetts orphanage. Ross, inspired by the kindness of that soldier, overcame poverty to become a youth worker. Ross later embarked on an lifetime search hoping to find and thank that soldier. 7 p.m. Tickets are $10- $15. Greenfield Garden Cinemas 361 Main St., Greenfield.
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Running Anatomy 2nd Edition
Joseph Puleo
Patrick Milroy
Chapter 1. The Runner in Motion
Chapter 2. Training Concepts
Chapter 3. External Factors (That Affect Performance)
Chapter 4. Feet and Ankles
Chapter 7. Shoulders and Arms
Chapter 8. Chest and Back
Chapter 9. Injury Prevention
Chapter 10. Alternate Training Activities
Chapter 11. Gear and Advancements
Joe Puleo has been coaching distance running and track and field for 28 years. He has been the head coach for men’s and women’s cross country and track and field at Rutgers University at Camden, where he produced 10 Division III All-Americans, including two individual national champions. Simultaneously, he spent a decade coaching the USMC’s All-Marine running program, where he coached three CISM World Championship teams for the United States Armed Forces (marathon and cross country).
Mr. Puleo is the coauthor of the articles “Anteriorly Rotated Pelvis: The Negative Effects for a Distance Runner” and “Anatomy of Running Footwear,” which appeared in Techniques magazine. He is a frequent contributor to articles that have appeared in Runner’s World and other fitness publications. His first album of songs, A Life I Knew, written for the band Bannister Effect, is scheduled for release in the fall of 2018. His debut novel will be published in spring 2019.
Mr. Puleo lives in Spring City, Pennsylvania, with his family, which includes six kids and two German shepherds.
Patrick Milroy has been the chief medical officer for the Road Runners Club in Great Britain since 1998. From 1991 to 2007, he was a medical advisor and contributor to Runner’s World, and for 10 years before he was similarly involved with its precursors, Jogging magazine and Running magazine.
Dr. Milroy received the award of fellow from the Institute of Sports Medicine in 1999 and from the UK Faculty of Sport and Exercise Medicine in 2006. He has served as a medical officer for many athletic events—including the World Half Marathon Championships, Team England Commonwealth Games (four times), and British Athletics Federation—and was medical officer for the Great Britain team at the World Junior Championships (three times) and European Junior Championships (two times).
Dr. Milroy is the author of Sports Injuries, coauthor of the AAA Runner’s Guide, and author of numerous other articles on sport and exercise topics for journals, magazines, and newspapers. He is also an accomplished runner: winner of the World Medical Games 5,000 meters event and half marathon in 1980, 1982, and 1984 and winner of the European Medical Games 20K, 5K, and 1,500 meters events in 1983. His personal best in the marathon is 2 hours and 26 minutes. At the age of 65, he cycled from Los Angeles to Boston (3,300 miles) in 35 days.
He lives in Chester, United Kingdom, with his wife, Clare, near to his four children and five grandchildren.
"As a physician, exercise scientist, and masters athlete, I've come to recognize the critical importance of strength training in maximizing performance. Running Anatomy lays the groundwork for proper strength, cardiovascular, and mental training for runners of all abilities. If you're a runner looking to reach your full potential, you need to read this book."
Jason Friedman, MD—Exercise Physiologist, and National 100K Age-Group Champion
“I cannot overstate the impact Joe Puleo has had on my running career. One of the biggest challenges as an amateur elite runner is the workload balance between training and managing a career as an active-duty Marine, all while holding off injuries. Puleo's knowledge and advocacy for strength training have been force multipliers in allowing me to run fewer miles, train smarter, and continually push my boundaries as a distance runner. This book is a great addition to any athlete's library.”
Major Christine M. Taranto—Two-Time PIAA State Champion, Two-Time Marine Corps Athlete of the Year, Second Place Marine Corps Marathon (2015)
Learn this exercise: bridge with leg kick
Learn this exercise: frogger
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How Flight Attendant Uli Derickson Saved 152 Passengers From Hezbollah Hijackers
December 18, 2017 All That Is Interesting history, middle east, shocking, terrorism, Uncategorized 0
Uli Derickson saved dozens of lives
June 14, 1985, must have seemed a morning like any other to Uli Derickson. A flight attendant for Trans World Airlines, Derickson and the rest of the crew were preparing for what should have been an uneventful flight from Athens to Rome. But shortly after liftoff, the crew of TWA Flight 847 discovered that this flight was going to be far from ordinary.
At around 10 a.m., two passengers stood up in their seats and revealed a pistol and two grenades they had smuggled on board. As Derickson approached the two men to see what was happening, one of them kicked her in the chest. Then he lifted her off the ground and pulled her with him towards the cockpit. Derickson knew then what was happening.
This was a hijacking.
As the two men pulled her to the front of the plane, one of them yanked the pin from a grenade and held the handle. If he were to relax his grip, the grenade would explode. The man holding the grenade then kicked at the cockpit door until the pilot opened it. At that point, the other hijacker pistol-whipped the pilot and informed him that the plane was now under his control.
The two hijackers were Hezbollah terrorists from Lebanon and demanded that the plane be diverted to Beirut. At first, the Lebanese air traffic controllers refused to let the plane land. But they relented when the captain explained how serious the situation was.
“He has pulled a hand-grenade pin and he is ready to blow up the aircraft if he has to,” he warned the controllers, “we must, I repeat, we must land at Beirut.”
The hijackers spoke little English, but one did speak German. Having grown up in Germany, Derickson was able to communicate with the hijacker and urge him not to hurt the pilot or passengers. She pleaded with them to release the female passengers on board. And though he refused that request, she managed to convince him to release the elderly passengers and children in Beirut.
Once the plane was refueled, the hijackers demanded the pilot fly the plane to Algiers in Algeria. There, the Algerian ground crew refused to refuel the plane without being paid. Angered by the refusal, the hijackers threatened to begin killing passengers. Thinking quickly, Derickson offered to use her Shell Oil credit card to pay for the gas
Though she racked up a nearly $6,000 fuel bill, she managed to prevent the hijackers from killing any of the passengers.
With the plane refueled, the hijackers demanded the captain fly back to Beirut. On this flight back to Beirut, they began to get violent. Through the ordeal, the hijackers singled out anyone on the flight who was in the US military and beat them. Derickson often threw herself in front of the hijackers during these beatings, pleading with them to stop.
The hijackers then asked Derickson to collect the passports of all the passengers and turn over any that had “Jewish” surnames. Derickson collected the passports but hid any she thought the hijackers might want to single out.
Despite her efforts, Derickson couldn’t protect Robert Stetham, a U.S. Navy diver. On the flight back to Beirut, the hijackers beat Stetham and then shot him in the head. When the plane landed, they dropped his body out onto the tarmac and shot it again. Seven of the passengers that the hijackers thought might be Jews were then pulled off the plane and handed over to a Shia militia and taken to a prison.
U.S. Navy Seabee Museum/ FlickrRobert Stetham preparing for a dive during his Navy service.
After taking on a dozen heavily-armed accomplices in Beirut, the hijackers directed the plane back to Algiers. But once they landed, Derickson and most of the passengers on the plane were released. Once again, the terrorists ordered the plane to Beirut and began negotiations to release the remaining hostages.
Their demands were the release of close to 1,000 Lebanese prisoners in Israel and an international condemnation of Israel and the United States. In the end, they settled for the release of 31 prisoners.
Thanks in large part to Derickson’s actions, only one passenger was killed. But false reports that she helped the hijackers target Jews on the plane led to her receiving death threats. Once the truth that she had tried to protect the Jews on board was revealed, she received a new wave of death threats from people who supported the hijackers.
Ultimately, she had to move to Arizona to escape the harassment. There, Derickson continued working as a flight attendant and was even awarded a Silver Medal of Valor by a veterans organization. When the leader of the hijackers, Mohammed Ali Hammadi, was eventually tried in Germany, Derickson served as a witness for the prosecution.
Hammadi was paroled 19 years later and disappeared. He remains wanted by the FBI.
Derickson worked as a flight attendant until she was diagnosed with cancer in 2003. She died on Feb. 18, 2005.
Next, read about the ultra-Orthodox Jewish men who blindfolded themselves at the airport to avoid seeing women. Then, check out the woman who saved 2,500 children by smuggling them in suitcases during the Holocaust.
Coal miner in his home in Sessa Hill, Scotts Run, West Virginia, 1937
26 Enchanting and Candid Photographs of Audrey Hepburn With Her Favorite Pet Fawn Named Pippin a.k.a Ip
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Voice of OC Agrees: Identify the Deputy Who Shot and Killed Marine
Voice of OC applauds and joins the Orange County Register in calling on Sheriff Sandra Hutchens to identify the sheriff’s deputy who shot and killed a Marine in San Clemente this week in front of his two daughters.
The Association of Orange County Deputy Sheriffs has defended the deputy’s action and taken issue with the department’s official version of events.
From the post filed by Register investigative reporter Tony Saavedra:
The Sheriff’s Department and the Orange County District Attorney’s Office are sorting through the details as part of a standard investigation, the results of which won’t likely be disclosed for months.
There’s one fact, however, that is available now and that does not have to be withheld to preserve the integrity of the investigation: the name of the deputy who pulled the trigger. The sheriff’s office could go a long way toward preserving its credibility with the public and the media by releasing the name …
The 2nd District Court of Appeal ruled last week that the names of officers involved in shootings are public under the California Public Records Act, absent a real and identifiable threat to the officer. The case was about a Long Beach man shot and killed by police while holding a garden hose nozzle.
So, Sheriff Sandra Hutchens, the Watchdog is asking you to release the name of the deputy who shot Loggins. We sent a formal request under the CPRA on Friday and were told Tuesday by spokesman Jim Amormino that the name would not be released at this time. So we’re appealing publicly to you.
Before you reject our request, consider this: the appellate court ruling matches a 2008 opinion by the California Attorney General’s Office that the names of officers involved in critical incidents are generally public information. Now, there is a caveat — unless withholding the names serves the public welfare more than releasing them.
Usually that means that the name should be withheld to protect the officer and family from physical retaliation, such as in the case of an officer who shoots a gang member.
But Loggins was no gang member. He was a decorated Marine, who, we are told, was accustomed to following orders. Do you want to make the argument that the deputy and his family would be physically endangered by Marines if his name were released?
2nd district court of appeal
Sandra Hutchens
OC Police Watchdog Announces Planned Probe into San Clemente Deputy Shooting of Homeless Black Man
The deputy shooting death of Kurt Reinhold will be investigated by the Office of Independent Review. The Orange County Sheriff’s Dept. and District Attorney’s office will conduct their own probes.
Report Recommends Changes for Anaheim PD
The report was commissioned in the aftermath of fatal police shootings in the summer of 2012 that triggered a downtown riot.
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At its October meeting, the Hawai’i Climate Change Mitigation and Adaptation Commission (Climate Commission) endorsed two recently completed documents that operationalize the recommendations of the state’s Sea Level Rise Vulnerability and Adaptation Report (2017). These guidance documents, produced in support of the Commission’s Climate Ready Hawaiʻi Initiative, help state and county planners and government officials plan for growing impacts of sea level rise to communities, natural and cultural resources, and critical infrastructure.
The first document, Guidance for Addressing Sea Level Rise in Community Planning in Hawaiʻi, assists local government planners to “Integrate sea level rise adaptation plans and policies into state, county, and community plans.” The guidance focuses on community planning as a critical entry point and public process to conduct locally-appropriate visioning and planning. It considers science-based information and adaptation actions to address coastal hazards with sea level rise as key considerations in making coastal communities more resilient and sustainable. The document includes recommended practices, examples, and resources to assist county and state government planners in addressing sea level rise and coastal hazards as part of existing planning frameworks.
The second document, Guidance for Using the Sea Level Rise Exposure Area in Local Planning and Permitting Decisions, was developed in response to requests from county planning departments and other stakeholders to provide further guidance on utilizing the Sea Level Rise Exposure Area (SLR-XA) in planning and permitting decisions while improving understanding of the methods, assumptions, and limitations of the data. It is a supplement to the 2017 Sea Level Rise Report and accompanying Hawaii Sea Level Rise Viewer (hawaiisealevelriseviewer.org) to assist planners, natural resource and infrastructure managers, and others with understanding and using the SLR-XA from the 2017 report in day to day planning and permitting decision.
These guidance tools are examples of interagency and interdisciplinary collaboration needed to prepare our communities for climate change and sea level rise and form a critical next step towards a more resilient and “Climate Ready Hawaiʻi.”
To support the results of this collaboration, the Climate Commission adopted the following statement in support of both documents at their October 2020 meeting:
“This document has been endorsed by the Hawaiʻi Climate Change Mitigation and Adaptation Commission to support implementation of recommendations in the Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report adopted by the Hawaiʻi Climate Change Mitigation and Adaptation Commission in October of 2017, and as a resource of the Climate Ready Hawaiʻi Initiative.”
“These tools to operationalize climate action provide vital science-based guidance to help prepare our coastal communities for climate change and sea level rise”, said Suzanne Case, Co-chair of the Climate Commission and Chair of DLNR. “They are the next in a series of resources that includes the 2017 Statewide Sea Level Rise Report, companion Sea Level Rise Viewer, and 2019 Guidance for Disaster Recovery Preparedness in Hawaiʻi, that are being developed through collaborations between the DLNR, the University of Hawaiʻi, and the Climate Commission and its member state and county agencies.
Lead authors Dr. Brad Romine and Dr. Shellie Habel, with Hawaiʻi Sea Grant explain that the impacts of sea level rise are affecting our communities statewide with increasing beach loss and flooding along low-lying shorelines. These guidance documents are intended to help State and county governments build on their ongoing efforts to prepare our communities for these growing risks.
The guides were developed through consultations and workshops with state and county agencies around Hawaiʻi and subject matter experts around the country. The community planning guidance was funded through a NOAA 2016 Coastal Resilience Grant and the DLNR. Both guidance documents were developed through a long-standing partnership between University of Hawaiʻi Sea Grant and the DLNR – Office of Conservation and Coastal Lands. The Climate Commission was instrumental in coordinating the process for the second document, under its Climate Ready Hawaiʻi framework.
These guidances can be found here:
Hawaiʻi Climate Change Portal (DLNR): http://climate.hawaii.gov/hi-adaptation/
Hawaiʻi Sea Grant Program Publications: https://seagrant.soest.hawaii.edu/resources/program-publications/
DLNR News Release Dec 16, 2020
Floodplain Management Information, General Flood Information, Uncategorized
climate change, climate commision, Community planning, flood map tool, sea level rise
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Rapids T20 Blast Signing Munro Hits Another Century For Auckland
Worcestershire Rapids NatWest T20 Blast 2015 overseas signing, Colin Munro, hit another century for Auckland on the third day of the Plunket Shield clash with visiting Wellington.
Munro raced to 108 off 125 balls as Auckland made 350-7 declared in reply to Wellington's 344 all out.
The 27-year-old had scored 137 against Canterbury earlier in the month on the same ground.
Munro came to the wicket at 105-2 and shared in a stand of 201 in 48 overs with Auckland opener Jeet Raval (148).
The Rapids players was the more aggressive of the pair and went to three figures off 117 deliveries and in total hit four sixes and 17 fours.
It was the 18th score of 50 or more, including eight centuries, that Munro has achieved in just 53 innings in his first class career.
Wellington closed the third day on 263-3 in their second innings – a lead of 257.
Munro will link up with Worcestershire in mid May in time for the opening T20 Blast match away to Birmingham Bears on May 22.
He finished as the county's second highest scorer in the competition behind skipper Daryl Mitchell in last season's run to the quarter-finals.
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Snapchat Grows Up
Snapchat seems to be growing up lately. It’s still incredibly popular with many demographics, but especially so with the younger demographic due to the advertised, yet not true, feature of disappearing photos. It almost wills you to do something completely daring and out of character and wild and document it. What’s the harm, right? It’s going to disappear…
Snapchat has finally implemented a safety center and even has community guidelines as to how one should theoretically act.
It’s quite the bold move for a company whose app is downloaded almost solely for the sharing of illicit photos. But they've finally come to their senses and posted a guide under their support section as to how one should behave. They also have a safety center for you to peruse so as to be informed as to the danger it has the potential to be. It’s rather refreshing, though I doubt that the advice will be heeded at all. It also seems to be more of a legal gateway for them to absolve themselves of all responsibility, but it might actually be more than that.
“Snapchat is about sharing moments and having fun. Our goal in creating these rules is to accommodate the broadest range of self expression while balancing the need for Snapchatters to be able to use our service safely and enjoyably.”
The Aforementioned rules:
Keep it legal. Don’t use Snapchat for any illegal shenanigans and if you’re under 18 or are Snapping with someone who might be: keep your clothes on!
What not to Snap:
Nudity or sexually suggestive content involving minors (people under the age of 18)
Minors engaged in activities that are physically dangerous and harmful
Invasions of privacy
Violating these rules may result in the removal of content, the suspension of your account and being prohibited from using Snapchat in the future.
Be advised that apparently they reserve the right to remove content if it violates any of those rules. Also, it’s almost certainly possible for them to create automated tools or scripts that can scan for such things as well.
I personally like to see a little responsibility taken by the company, even though it’s of course not going to stop anyone from doing what they want anyway. If someone wants to send some incredibly racy and suggestive photos to someone, they've got multiple options and ways to do so, and nothing will stop kids from doing that anyway. But it’s the principle of the matter that they take a stand against the exploitation of individuals via their app.
Sure, it was created for sexting, but that doesn't mean that it should be used as such. It doesn't work as intended and those randy adventures you’re documenting will inevitably end up somewhere else aside from your intended recipient and the netherworld's of bits and bytes. So it’s certainly not dangerous, but be freaking careful. Real people can actually be hurt by the consequences of leaked photos, not to mention legal action can be taken against all parties involved.
For security and piece of mind an end-to-end encrypted messaging app like iMessage makes more sense anyway, because when the message is deleted, it’s encrypted contents may still be there until they’re zeroed completely, but at least it’s still encrypted.
Apple Releases iOS 12.5.1 With Bug Fixes for Exposure Notifications
New WhatsApp Privacy Policies Allows Data Sharing with Facebook
Furqan Shahid • Jan 6
Tile Plans on Introducing Item Trackers with Ultra Wideband Support
Stadia Launches iOS Beta, Adds Ubisoft+ Games including Assassin’s Creed Valhalla
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Home » Crypto » Venezuelan Government to Auction Petros at Official Exchange Venue ‘Dicom’
Venezuelan Government to Auction Petros at Official Exchange Venue ‘Dicom’
More news about the infamous Petro of Venezuela – the government will begin selling it on the Dicom foreign exchange platform in a few weeks, according to investing.com.
Dicom is the venue at which the Venezuelan government auctions foreign currency. Created in May 2017 with a rate of 2,200 bolivars to one US dollar, by June it had increased the rate to 2,640 bolivars. In September 2017 Diciom was temporarily shut down because it couldn’t supply enough foreign currency to meet demand. In January 2018, Reuters reported that it was being relaunched with a rate of 3,345 bolivars to the dollar.
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In February it held its first auction with a rate of 30,987.5 bolivars to the euro (approximately 25,000 to the dollar). On the black market, a dollar costs 228,000 bolivars.
In order to participate in the system, users must electronically register themselves and hold an account denominated in foreign currency at a bank which is authorised to operate in Venezuela. According to the Dicom website, it has 580,490 such users.
The Petro, the country’s new national cryptocurrency, will be auctioned to private companies, according to an announcement from Vice President Tareck El Aissami. “The Petro is going to be our powerful international currency, above the dollar,” he said in a meeting that was broadcast on television. He told listeners that the Petro can be bought with any major fiat currency, and that banks will be able to buy it for a discount until the 20th of March.
Cryptocurrency is popular in Venezuela as people struggle to get their hands on basic goods with the worthless national currency. In addition to that, electricity costs are nominal due to government subsidies and so Bitcoin mining is a valid way of making money. The government made efforts to crack down on these activities initially, but in the end President Maduro decided that a national cryptocurrency, ostensibly based on the country’s oil reserves, could be a good way of getting around US sanctions, which are not exactly helping the economic situation.
Reportedly, the pre-sale of the Petro raised $735 million, but many are sceptical as to the prospects of this being a successful venture – especially since the US Treasury Department has taken note and made comment.
According to Reuters, Dicom is simply the latest of many attempted exchange mechanisms. Previous iterations included SITME, SIMADI, SICAD, SICAD II, and DIPRO. DIPRO, which maintained a rate of 10 bolivars to the dollar, was removed last week.
« Ripple Powered App to Revolutionize Domestic Payments in Japan
How the Marshall Islands Sovereign Cryptocurrency Came About »
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Creating something new in strange times
Welcome to our new blog! Or as Anke Politz puts it so beautifully in the interview: to our virtual window. A lot has changed in our theater in the last few months, but the process of creating a show remains the same. We draw up concepts, try out ideas, ask questions, look for solutions. Sooner or later some things are discarded completely because a new path suddenly opens up, an even more exciting idea comes up. And so we slowly feel our way towards a show together - until suddenly the curtain opens for the first performance on stage.
All of these are explorations that generally happen behind the scenes. Usually, we prefer to wait until a show has taken on a clear form and we can better communicate to our guests what to expect when they visit. The previous ups and downs in the creation process are essential, but the uncertainty around it makes it difficult to capture the process for others and present it in a way that is understandable and interesting.
However ... lately the subject of uncertainty has become much more familiar to us than we'd like. We cannot say when we will be able to reopen our house, when the next performance will take place. But what we can do is keep working and remember that not only the show itself and its performance has value, but so does the path towards making them. A path that we will continue to tread with as much curiosity and love of adventure as ever - and we will do our best to let you be a part of it.
Title image: Jouni Ihalainen
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Educating girls and empowering women is one of the most high-impact and cost-effective ways for every nation on this planet to take positive action on climate change. Project Drawdown ranked educating girls as their number 6 solution for tackling climate change. When combined with voluntary family planning, it actually becomes the #1 solution!
Yes – empowering women and girls could be the most powerful solution for building a safe and prosperous future for everyone on the planet. By ensuring that all girls and women have access to education and family planning, they are empowered to earn higher wages, become more independent, actively manage their reproductive health and have fewer and healthier children, consequently slowing down the population growth. Population size is a key driver of demand for food, transportation, electricity, buildings and goods etc, all of which produce emissions. Project Drawdown estimates that by giving girls access to education and family planning, we could reduce 105 gigatones of CO2 emissions by 2050.
Today, more than 263 million children are out of school and 130 million of them are girls. It is estimated that 15 million girls of primary-school age will never set foot in a classroom. Social solutions to climate change, while lesser known than technical or natural solutions, are just as powerful. So while we are electrifying transport and transitioning to renewables, we need to be providing universal access to education and family planning if we are to provide these incredible social benefits and protect our planet.
By closing an annual financing gap of $39 billion, we can ensure that every child attends pre-primary, primary, and secondary school. The key to achieving universal education by 2040 lies in investment as we will need more schools to house students and millions of more teachers. Governments, in addition to making education compulsory, could open up education for more people by covering the cost of tuition, textbooks, uniforms and transport for those who can’t afford it. As each country faces different challenges and barriers to education, creative country-led education solutions will be instrumental in closing the education gap. Amazing examples of how this works can already be seen around the globe.
In Burkina Faso, building “girl-friendly” schools in rural areas closer to where students live, and providing separate bathroom facilities and school meals, has seen the enrollment of girls skyrocket. The Family Grant (Bolsa Familia) program in Brazil, which pays parents a stipend in return for sending their kids to school, has been incredibly successful not just in getting children to go to school but also in expanding basic health immunisations. In Bangladesh, a girls’ scholarship program nearly quadrupled the number of girls enrolled in secondary school. Technology also has a huge role to play in expanding access to education by enabling innovative new ways of teaching and learning.
In short? Everyone! Universal education affects us all and everyone, at all levels of society, has a role to play in making this a reality. Multilateral and intergovernmental agencies, governments, philanthropists, the private sector, and many others can support global access to education by providing technical and financial assistance. At a community level, we can take an active role in raising awareness and promoting the right to education, supporting education initiatives and holding our Governments accountable. Getting the message out is crucial! If people know their rights, then they are empowered to claim them.
We can also use our own skills and resources to start community education programs, mentor students, sponsor education organisations or even financially support the education of a single child.
Together, we can work to ensure that every person has the right to an education.
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Data Tape, LTO
The next time you come across your favorite sports channel broadcasting footage from a game played decades in the past, think of how they store that content. How do they keep game film from every minute of every game played every year accessible at the drop of a hat? It’s not just the jersey toting, face painted team fanatics that relive these glory moments either. The teams themselves review game film from the previous games almost religiously. That’s how they get better and improve upon their mistakes.
Video content is turning out to be ever more important to the competitive and business facets of most organizations. The Los Angeles Kings of the National Hockey League (NHL) are a prime example of an organization that leverages video to help improve upon successes. Over the years, the team’s internal video production department has had to keep pace with a growing set of needs. Much like business, in the sport of hockey, strength and speed are vital. Hockey and business are similar in that success and failure are sometimes determined by split-second decisions that depend on data.
If you’ve ever had the experience to soak in the sites and sounds of downtown Los Angeles’ STAPLES Center during hockey season, the experience is unforgettable. The atmosphere from September through June in one of the world’s most sports crazed cities is something to love. The LA Kings, longtime leaders in the NHL’s Western Conference, have been setting the standard of technological innovation for years, and acting as a benchmark for other franchises to follow. The Kings organization has built a reputation for their multi-media entertainment during its home games, relying on video assets to a great extent.
Learn more about the role of tape storage in Hollywood movies.
NO CHALLENGE FOR A KING
I order to stay on the top of the industry in regard to fan entertainment, the King’s organization needs to stay innovative and flexible to keep up with the fans’ demands. To tackle this monumental feat, the Kings needed an IT infrastructure bult for its unique and very detailed needs. Their video production team required a solution that could cost-effectively scale and needed minimum management resources. Along with finding a storage solution for newly created video content, the Kings organization had a myriad of content portraying their legacy dating back to the team’s inauguration in 1967. There were questions surrounding how they could protect and archive these 50 years of hockey history. During the team’s 2007-2008 season they were generating about 100 GB of data and in the following year they doubled that amount. During the King’s 2011-2012 Stanley Cup season, they were creating about 7 TB of data per week. Today, they generate between 32-35 TB of data per season. The amount of data being creating continues to increase year by year and they found there was only one solution that could store that data for years to come.
Data backup vs data archive, what’s the difference? Read about it here.
A SOLUTION FIT FOR A KING
As the King’s video production team began looking at different data storage solutions, they were amazed with the minimalism and scalability of an active archive system. An active archive system allows both standard data archiving and deep data storage. LA Kings’ active archive solution includes a Fujiflm StrongBox T30, also known as the Dternity S30 with T30 and 75 terabytes of licensed NAS capability. The Dternity S30 is connected to a 48-slot Crossroads tape library. The open LTFS (Linear Tape File System) was also a key factor in the Kings’ decision.
For the Kings to invest in a long-term data archiving system, they needed a format that was open source and non-proprietary. Part of their storage strategy was planning for formats that had a long-life span, with the ability to outlast its original hardware and maintain data integrity for a long amount of time. The data they’re saving today is important to their brand, their partners, and their loyal fanbase now and into the future.
LTO’s consortium and their roadmap to the future of data storage – learn more.
REAPING THE BENEFITS OF LTO TAPE
Years ago, the Kings just simply didn’t have the means possible to save all of their footage throughout history. So, the team set out to solve the problem by creating an active archive by standing a Dternity S30 behind their production Storage Area Network (SAN). Acting as an archive appliance, this allowed for static data to be offloaded from the SAN to the more economical tape-based storage tier. As part of the extensive evaluation of storage solutions, the organization realized they were spending too many man-hours on storage management and too much money on storage capacity with hard drives and LTO tape drives. With this new solution, only “hot” data resides on the performance-oriented spinning disk storage tier, driving down overall storage costs. Even better was the ease of implementation. The training session required only 15 minutes before the active archive solution was set up and serving data. The team noticed a significant savings as CAPEX was reduced by utilizing the more cost-effective, tape-based solution and OPEX was reduced by streamlining storage management. The Fujiflm StrongBox T30 delivers cost-effective scalability as data quantities continue to rise and offers greater peace-of-mind as the team’s data is mirrored and fully protected with off-site storage.
Now, the LA Kings Hockey team doesn’t have to worry about deciding which highlights to keep or game film to store because they can save everything. They have the ability to capture any angle of any shot from any game and keep it for future generations to enjoy. It’s nice to know that 100 years from now, the Kings will have access to these archives, including the original raw footage from the 2012 Stanley Cup Championship.
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Putative T-cell surface glycoprotein CD8
File:CD8Pretty.png
Crystallographic structure of the extracellular domain of CD8 molecule.[1]
CD8a molecule
Alt. symbols
Chr. 2 p12
CD8b molecule
CD8B1
CD8 (cluster of differentiation 8) is a transmembrane glycoprotein that serves as a co-receptor for the T cell receptor (TCR). Like the TCR, CD8 binds to a major histocompatibility complex (MHC) molecule, but is specific for the class I MHC protein.[2] There are two isoforms of the protein, alpha and beta, each encoded by a different gene. In humans, both genes are located on chromosome 2 in position 2p12.
1 Tissue distribution
The CD8 co-receptor is predominantly expressed on the surface of cytotoxic T cells, but can also be found on natural killer cells, cortical thymocytes, and dendritic cells.The CD8 molecule is a marker for cytotoxic T cell population. It is expressed in T cell lymphoblastic lymphoma and hypo-pigmented mycosis fungoides.[3]
To function, CD8 forms a dimer, consisting of a pair of CD8 chains. The most common form of CD8 is composed of a CD8-α and CD8-β chain, both members of the immunoglobulin superfamily with an immunoglobulin variable (IgV)-like extracellular domain connected to the membrane by a thin stalk, and an intracellular tail. Less-common homodimers of the CD8-α chain are also expressed on some cells. The molecular weight of each CD8 chain is about 34 kDa.[4] The structure of the CD8 molecule was determined by Leahy, D.J., Axel, R., and Hendrickson, W.A. by X-ray Diffraction at a 2.6A resolution.[1] The structure was determined to have an immunoglobulin-like beta-sandwich folding and 114 amino acid residues. 2% of the protein is wound into α-helices and 46% into β-sheets, with the remaining 52% of the molecules remaining in the loop portions.
File:CD8 receptor.svg
Schematic representation of the heterodimeric CD8 co-receptor
The extracellular IgV-like domain of CD8-α interacts with the α3 portion of the Class I MHC molecule.[5] This affinity keeps the T cell receptor of the cytotoxic T cell and the target cell bound closely together during antigen-specific activation. Cytotoxic T cells with CD8 surface protein are called CD8+ T cells. The main recognition site is a flexible loop at the α3 domain of an MHC molecule. This was discovered by doing mutational analyses. The flexible α3 domain is located between residues 223 and 229 in the genome.[1] In addition to aiding with cytotoxic T cell antigen interactions the CD8 co-receptor also plays a role in T cell signaling. The cytoplasmic tails of the CD8 co-receptor interact with Lck (lymphocyte-specific protein tyrosine kinase). Once the T cell receptor binds its specific antigen Lck phosphorylates the cytoplasmic CD3 and ζ-chains of the TCR complex which initiates a cascade of phosphorylation eventually leading to activation of transcription factors like NFAT, NF-κB, and AP-1 which affect the expression of certain genes.[6]
↑ 1.0 1.1 1.2 PDB: 1cd8; Leahy DJ, Axel R, Hendrickson WA (March 1992). "Crystal structure of a soluble form of the human T cell coreceptor CD8 at 2.6 A resolution". Cell. 68 (6): 1145–62. doi:10.1016/0092-8674(92)90085-Q. PMID 1547508.
↑ Gao G, Jakobsen B (2000). "Molecular interactions of coreceptor CD8 and MHC class I: the molecular basis for functional coordination with the T-cell receptor". Immunol Today. 21 (12): 630–6. doi:10.1016/S0167-5699(00)01750-3. PMID 11114424.
↑ Leong AS, Cooper K, Leong FJ (2003). Manual of Diagnostic Cytology (2 ed.). Greenwich Medical Media, Ltd. p. 73. ISBN 1-84110-100-1.
↑ "anti-Human CD8" (PDF). Bangs Laboratories, Inc. 21 March 2013. Archived (PDF) from the original on 2016-10-13. Retrieved 2016-08-18.
↑ Devine L, Sun J, Barr M, Kavathas P (1999). "Orientation of the Ig domains of CD8 alpha beta relative to MHC class I". J Immunol. 162 (2): 846–51. PMID 9916707.
↑ "CD8 alpha - Marker for cytotoxic T Lymphocytes". Archived from the original on 21 September 2015. Retrieved 11 January 2016.
T-cell Group - Cardiff University
Mouse CD Antigen Chart
Human CD Antigen Chart
CD8 alpha - Marker for cytotoxic T lymphocytes [1]
Transmembrane receptors: immunoglobulin superfamily immune receptors
Antibody receptor:
Epsilon (ε)
FcεRI
(FcεRII is C-type lectin)
Gamma (γ)
FcγRI
FcγRII
FcγRIII
Alpha (α)/mu (μ)
FcαRI
Fcα/μR
Polymeric immunoglobulin receptor
Antigen receptor
Co-receptor
stimulate:
CD21/CD19/CD81
inhibit:
Accessory molecules
Ig-α/Ig-β (CD79)
MHC class II
TCR: TRA@
TRB@
TRD@
TRG@
CD8 (with two glycoprotein chains CD8α and CD8β)
CD3γ
CD3δ
CD3ε
ζ-chain (also called CD3ζ and TCRζ)
see cytokine receptors
Killer-cell IG-like receptors
KIR2DL5A
KIR2DL5B
KIR2DS1
Leukocyte IG-like receptors
LILRA1
LILRB1
Proteins: clusters of differentiation (see also list of human clusters of differentiation)
CD91 - CD92
CD140b
CD158 (a
CDw198
CD240CE
CD240D
CD247 - CD248
Cluster of differentiation by lineage
Pre-B cell: CD10/CALLA
mature: CD19
CD21/CR2
CD23/FcεRII
plasma cell: CD38
Pan-T antigens: CD3
CD56/NCAM
CFU-GM/
Myelomonocyte
CD34/CD36
All (pan-myeloid)
↑ "CD8 alpha - Marker for cytotoxic T lymphocytes". Archived from the original on 2015-09-21.
Retrieved from "https://www.wikidoc.org/index.php?title=CD8&oldid=1531483"
Protein pages needing a picture
Genes on human chromosome 2
This page was last edited 17:44, 22 July 2018 by wikidoc anonymous user Imported>My very best wishes. Based on work by wikidoc anonymous users imported>My very best wishes and 12.40.83.20.
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Screen Actors Guild Award
THE WILMYWOOD DAILY – 12/12/2013 – Sleepy Hollow, Wilmington on Fire, Reminders and more!
Sleepy Hollow among other Fox shows will be heading to your new console. If you have the new fancy Xbox One, the Fox Now app allows Xbox Live Gold subscribers to watch full streamed episodes of the network’s prime-time shows, many within hours after the initial airing.
Fox’s app is also available across many other digital platforms, says the LA TImes. “From smartphones and tablets powered by Apple, Android and Windows software, to Samsung’s Internet-connected Smart TV to the Roku streaming device and Microsoft’s Xbox 360 game console.”
Speller Street Films‘ Kickstarter campaign for the documentary, Wilmington on Fire is underway and will run through January 1, 2014. This is gonna EXTREMELY powerful and moving doc and they already got my money!
Wilmington on Fire is a feature-length documentary that will give a historical and present day look at the Wilmington Massacre of 1898 in Wilmington, NC. The film features interviews from historians, authors, activists and descendants of the victims of the Wilmington Massacre of 1898. Wilmington on Fire will talk about things such as: African-American progress after slavery, African-American’s in Wilmington prior to the 1898 massacre, The Wilmington Massacre of 1898, Reparations, African-American history in Wilmington, The state of North Carolina’s involvement in the massacre of 1898, The Black community in Wilmington today AND MUCH MORE!
The annual Screen Actors Guild Awards nominees were announced yesterday and Homeland took it home for North Carolina.
They were nominated for:
Outstanding stunt ensemble in comedy or drama series
Outstanding Performance Female Actor in a Drama Series: Claire Danes
Outstanding Ensemble Performance in a Drama Series
The 20th Annual Screen Actors Guild Awards will air on TNT and TBS Saturday, Jan. 18, 2014 at 8 p.m. ET/ 5 p.m. PT
REMINDER: The Eclectic Etc. is having their Grand Opening/Holiday Party this Saturday night from 6:00pm-9:00pm. There will be Live Jazz music as well as lite bites. All ages welcome. The store is one of many vendors for the film industry. Filmmaker Erica Dunton will be in attendance as she has joined The Eclectic Etc. selling clothing and accessories that have been used in previous movies like The 27 Club,to.get.her and much more. Come meet her and others within the Screen Gems family!!! (831 South Kerr Avenue. Call 910-395-9979 for details.) CLICK HERE FOR THE FACEBOOK INVITE
REMINDER: Don’t be confused, yes there is a second petition for you to sign. They decided we should have a petition that focused strictly on ending the sunset. I agree, so yes you have one more petition to sign, but as you know it only takes 20 seconds or less to do so! SIGN PETITION NOW!
REMINDER: Encore is doing the “Best of” issue. TODAY IS THE FINAL DAY to nominate your favorites! Remember The Wilmywood Daily for “BEST BLOG!” Make sure you vote for “Favorite Filmmaker” whoever you love here in Wilmywood. We got a lot of incredible local filmmakers in this town! They are all on page 3 under “arts, entertainment and media.” NOMINATE NOW!
Shop the Wilmywood T-shirt Shop! Deadline for orders to arrive before Christmas is set for December 13. 2 DAYS LEFT! SHOP NOW!
That just about does it for me; I will have more Wilmywood updates for you tomorrow morning (unless something breaks) and every weekday morning we do “What’s Up in Wilmywood” at 7:30am & 8:30am LIVE on Sunny 104.5. Got Scoop? Email me: sheila_brothers@yahoo.com. Or message me on Wilmywood’s FB . You can also just post your comments below! Until then, that’s a wrap!!
Fox, Fox Broadcasting Company, Fox Now, Microsoft, North Carolina, Screen Actors Guild Award, WILMINGTON, Wilmington North Carolina, Wilmington on Fire, Wilmywood, Xbox One
SAG NOMINATIONS: Homeland took it…well HOME!
The annual Screen Actors Guild Awards nominees were announced this morning at 8:50 a.m. ET and Homeland took it home for North Carolina.
The 20th Annual Screen Actors Guild Awards, honoring the outstanding performances of calendar year 2013, has been scheduled for Saturday, Jan. 18, 2014. The 2014 SAG Awards® ceremony will be simulcast live on TNT and TBS at 8 p.m. ET/ 5 p.m. PT
Arts, Awards, Claire Danes, Homeland, Performing arts, Screen Actors Guild, Screen Actors Guild Award, Wednesday
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What did the earliest painters who attempted to copy Leonardo's "The Last Supper" have to work with? Was the painting perhaps a little faded but all detail still quite recognizable - or - did they have to guess and paint more than observe and paint?
Right-click on Leonardo's picture below to review a picture of his painting that even in our modern era was seriously degraded. Examine carefully the "face" of the disciple in question to Jesus' right, the one da Vinci Code theorists claim is Mary Magdalene.
In the picture of "The Last Supper" that will be displayed, note especially the general decomposition of the "face" of the disciple to Jesus' right - and in particular - are the eyes open or closed ??
Originally Posted By: Right-click on Leonardo's Picture
http://s380.photobucket.com/albums/oo246/Grrr82CU/?action=view¤t=Leonardo-Self-Portrait.gif] [color:#FFFFFF]http://s380.photobucket.com/albums/oo246/Grrr82CU/?action=view¤t=Leonardo-Self-Portrait.gif][/url]
Now - once again right-click on the picture of Leonardo below. In this next picture of "The Last Supper" which is also in decline (but at a different time) - are the same eyes of the same disciple open or closed ??
(Note that after this picture displays it may be "ZOOMED" 1x for a better look by right-clicking on it again)
That's right! The eyes are closed in picture one but open in picture two.
Somewhere along the way - because of the poor state of the painting - because they had to guess at what Leonardo had painted - someone changed the painting during a restoration process.
So - what else did one (or more) of the many painters over the centuries change because they could not make out what the great master had originally painted because only faint colors and outlines remained at the time of their attempts to paint or restore it?
Retrieve again the first painting and look at the "face" of the disciple in question. The right eye, the nose, the mouth and chin are obliterated !! An artist trying to restore those features would have no choice but to guess at what Leonardo originally painted there. Sure he or she could probably come close - but is that good enough when the identity of the disciple is so much in question?
Again - the clear evidence provided by the painting itself is one of alteration, one time the painting displayes the eyes of the disciple as being open, another time closed. Neither "Teabing" nor we are seeing Leonardo's painting, only shadows of it's orginal "self" and even that we cannot be sure originated with him beyond basic outlines and a flake of color here and a flake of color there.
Consider this when examining the decomposed state of the "face" in question:
The "features" of the disciple in question may or they may not be "feminine". Even in the modern-day picture of example one, it is impossible to tell and since Leonardo was of the Florentine School - what restoring artist would not have intentionally painted "feminine" features instead of more masculine ones in guessing how Leonardo might have painted the face in the spirit of The Florentine School's tradition ??
There simply were no copies painted, not even the one maintained at the Tongerlo Abbey since 1545 and a copy by Giovan Pietro Rizzoli completed in 1549, that accurately portray exactly what Leonardo had painted. Both of these copies themselves were made at the earliest only seven years before the painting was declared "unrecognizable" in 1556 by Leonardo's biographer Giorgio Vasari (1511 – 1574).
Clearly - basing claims that the disciple to Jesus' right is Mary Magdalene because the figure "looks" feminine is simply not a sustainable argument. The painting was in such an advanced stage of decomposition by the time even the first copies were attempted, arguing today that the disciple was "feminine" is as flawed as the centuries of failed and botched attempts at restoration have been.
Again - go back and look at example number one. If the painting was that deteriorated in relatively modern times (yet is still more or less "recognizable") - how much less likely that a painting in an even more deterioated state and declared "unrecognizable" has the "face" and "hint of a bosom" even remotely restored close to what Leonardo originally painted? Highly doubtful given the evidence.
Finally - is the coup d’état to the "da Vinci Code" argument regarding the identity of the disciple to Jesus' immediate right, the one Leonardo clearly did not mean for us to interpret as leaning away from him but leaning toward Peter, the one to whom Mary Magdalene ran to announce Jesus' body was missing from the tomb - is the "gender" assigned to that dicsiple by Leonardo himself to be found buried in his notes ???
The answer when time permits - and Grrr82CU
On that basis, then, as far as the detail is concerned, 'The Last Supper' is hardly worth spending any time on at all ~ it's not now his work and no-one knows what it originally looked like or what he intended.
Just as a point of reference (not to infer the following statement by this writer is the one to which PDM referred as quoted)
Originally Posted By: This Writer, #348042 - 01/20/09
Again - go back and look at example number one. If the painting was that deteriorated in relatively modern times (yet is still more or less "recognizable") - how much less likely that a painting in an even more deterioated state and declared "unrecognizable" has the "face" and "hint of a bosom" even remotely restored close to what Leonardo originally painted? Highly doubtful given the evidence
Originally Posted By: PDM, #348075 - 01/21/09
.Just to validate that point - consider the following excerpts from a report based upon comments by Carlo Bertelli, Director of the Istituto Centrale del Restauro and follow-up comments by other experts. Please note that the use of underline, bold text or color was added by this writer for emphasis. Elided sections and/or quotes, some of which appear as individual paragraphs, was done either for the sake clarity or brevity given the length of report**).
Originally Posted By: Museum Security Network Organization
"LEONARDO da Vinci's celebrated masterpiece, The Last Supper, is a ruined painting with only 20 per cent of the original work surviving, according to the man who commissioned its 20-year restoration. The admission, months before the unveiling of the restored painting, comes from Carlo Bertelli who, as director of the Istituto Centrale del Restauro, had declared the restoration's aim to be the discovery of the "real painting".
"Jacques Franck, consultant restorer to the Louvre and a Leonardo scholar, is among the restorers' sternest critics: "Ninety per cent of the work has disappeared , and the fact that you repaint 90 per cent is to me something that has not much sense."
"He spoke of the shock of seeing that nothing was left of the head of Christ, for example: any repainting cannot be faithful to Leonardo's intentions as we do not know what those intentions were, he said. "Pinin has done the best she could, but is it the best that could be done?" Instead, they have "transferred it into something else" – a 20th-century Leonardo.
""This programme is a victory for anti-restoration," said Mr Daley* … "She [Pinin Brambilla Barcilon] has destroyed the historical thread of the painting and reduced it to a bare, confused wall. She produced a blank slate and then set about repainting the whole thing herself. Her own repainting has been particularly unfortunate in her reworking of the face of Christ because it's apparent that she's remade the image according to a drawing in the Brere Museum of -a beardless Christ, not a bearded Christ, which may or may not be by Leonardo".
( * Clarification by this writer, the reference was to Michael Daley, Director of ArtWatch UK, an "organization that campaigns for restraint in the restoration of works of art")
The real issue is, therefore, that all of the buzz and speculation about the identity of the disciple to Jesus' being Mary Magdalene being based upon a combination of Dan's Brown fictional novel as well as the well documented flawed and most likely fanciful "restored" facial and anatomical features to that disciple's image - is simply not supported by the facts.
Think about it -if the entire "head of Christ" was obliterated and had to be recreated (some with a beard, some without a beard), on what basis are the statements valid that assure us the disciple to his right is Mary Magdalene (because the image appears "feminine") and is not the youthful Apostle John ??
Simply stated - such assurances are not valid. They cannot be.
The disciple inclining his ear toward Peter to hear what he had to say, the disciple whom Jesus loved, the disciple to whom Mary Magdalene ran to announce that Jesus' body was not in the tomb - is John the Apostle, not Mary Magdalene the disciple.
Still to come - a finishing entry revealing from Leonardo's own notes what he had to say regarding the figure to Jesus' right.
(** The full report by the Museum Security Organization may be viewed at http://www.museum-security.org/reports/08498.html).
Because of the experimental methods used by Leonardo, 'The Last Supper' started to deteriorate much sooner than a traditional fresco would have.
'... the Last Supper is now but a shadow of its former self as it would have appeared on completion in 1497. A combination of the unorthodox painting techniques employed by Leonardo, the pervading dampness of the refectory wall and repeated programmes of restoration that began as early as 1517, have all contributed to the substantial deterioration of the painting.
http://www.universalleonardo.org/work.php?id=310'
'Leonardo ..chose to seal the stone wall with a layer of pitch (resin) gesso (powdered calcium carbonate) and mastic (from the evergreen shrub), then paint onto the sealing layer with tempera (egg tempera a type of artist's paint)'
http://www.absoluteastronomy.com/topics/The_Last_Supper_(Leonardo)
Leonardo da Vinci. The Last Supper. c.1495-1498
http://www.abcgallery.com/L/leonardo/leonardo4.html
If the work was not finished until around 1498, then one assumes that, even if the quality of the finish was not as good as it should have been, it should have been recognisable, at least, for a few years.
Copies were made.
But when?
Giampietrino apparently worked with Leonardo and did apparently copy his works ~ and he seems to have been responsible for some early copies of this piece.
'One of the ways we know what the details were is from a contemporary copy that is attributed to Giampietrino who was a devotee of Leonardo's work.'
http://www.catholicbookwriter.com/dv_qa.htm
http://www.catholicbookwriter.com/images/dv/Giampietrino.jpgw
Last Supper (copy after Leonardo) c1515-20
'This is one of two large-scale early copies on canvas of Leonardo’s Last Supper, which is almost the width of the original fresco.'
'Nothing is known of its origin, patron, date of execution or intended location. It was first mentioned .. in 1626 ....'
' ... the current attribution to Giampetrino (Giovanni Pietro Rizzoli), who was a talented assistant of Leonardo’s in Milan, is now generally accepted.'
'It is possible that Giampietrino may have assisted Leonardo in painting the original Last Supper in the Refectory of Santa Maria delle Grazie. His copy may provide a record of some of the details now lost in the original fresco ....'
http://www.universalleonardo.org/work.php?id=572
http://www.universalleonardo.org/worklar...ount=&name=
Giampietrino (notices 1508 — 1521) possibly Giovanni Pietro Rizzoli, (documented from 1495 to 1549), was a north Italian painter of the Lombard school and the Leonardo circle, succinctly characterized by S.J. Freedberg as an "exploiter of Leonardo's repertory."
http://en.wikipedia.org/wiki/Giampietrino
It is apparently believed that Giampietrino painted his copies around 1515-20, which is about the time that 'The Last Supper' was described as 'starting to flake'. In the circumstances, maybe he wanted to record them, while they were still in relatively good order. Maybe the fact that Leonardo died around this time is somehow relevant.
'As early as 1517 the painting was starting to flake. By 1556—less than sixty years after it was finished — Leonardo's biographer Giorgio Vasari described the painting as already "ruined" and so deteriorated that the figures were unrecognizable ..'
http://en.wikipedia.org/wiki/The_Last_Supper_(Leonardo)
Leonardo di ser Piero da Vinci
Dates: April 15, 1452 – May 2, 1519
http://en.wikipedia.org/wiki/Leonardo_da_Vinci
I cannot find a note of who painted the Tongerlo copy ~ perhaps no-one knows??? ~ or when, but it must have been before 1545, because the abbey claims to have had it in its possession since then, and that is less than fifty years after Leonardo's 'Last Supper' was completed, and a decade before it was deemed 'ruined'.
'Since 1545 our abbey is in the possession of a remarkable work of art: the most faithful and the most beautiful replica of the 'Last Supper' ..'
http://www.tongerlo.org/da_vinci/davinci_home.htm#Since
http://members.lycos.nl/guiver/hpbimg/Tongerlo%20laatste%20avondmaal.JPG
'By 1556—less than sixty years after it was finished — Leonardo's biographer Giorgio Vasari described the painting as already "ruined" and so deteriorated that the figures were unrecognizable ..'
If we look at Giampietrino's 'The Last Supper' at Magdalen College:
http://flickr.com/photos/10544602@N02/916088645
http://www.robots.ox.ac.uk/~rcasero/blog/wp-content/uploads/2007/11/The_Last_Supper_(1495-1498)_copy.jpg
And the Tongerlo 'Last supper':
http://4.bp.blogspot.com/_GzQnzaF4k-o/RbpNPoqNQRI/AAAAAAAABK0/PaFzbAc7qxA/s1600-h/7lastsup++copy.jpg
We find that they are very similar.
Is that because one is a copy of the other, or because they are both copies of Leonardo's original?
And how much have they been altered by restoration over the years?
Can we or can we not say, with some degree of certainty, that these paintings represent something very close to Leonardo's original?
I am no expert, but I do not see why not.
Other copies are considered to be close to the original.
This 'Leda' is considered to be a decent copy of a Leonardo original:
http://www.en.utexas.edu/amlit/gifs/leda_vinci.jpg
And this is Giampietrino's version:
http://www.lost-leonardo.com/imagz/leda_giam.jpg
What do the faces of 'John ' look like on these copies?
Well, to me, they look like the Madonnas in the 'Virgin of the Rocks' paintings:
“Virgin of the Rocks” by Leonardo da Vinci, displayed in the Louvre, Paris.
http://upload.wikimedia.org/wikipedia/commons/f/f5/Virgin_of_the_Rocks.jpg
“Virgin of the Rocks” by Leonardo da Vinci, National Gallery, London.
http://www.nd.edu/~agutting/VirginRocks.jpg
I have no idea whether or not Leonardo was portraying the beloved disciple as a female, but I wouldn't discount it.
Yes, he painted effeminate-looking young men, but why should the model for beloved disciple look like the model for the virgin Mary?
Anyway, whatever Leonardo thought about the matter, that doesn't mean that he was correct. The Bible does indicate that the 'beloved disciple' was male. However, I have read interpretations where the writer felt that the text may have been manipulated to hide an unsavoury truth. I am hoping to find that.
And, of course, not only can we not rely on a painting that has changed over hundreds of years, but we cannot rely on writings that have changed over thousands of years and which had an agenda in the first place.
It is a truly fascinating subject, but I doubt that we shall ever know the full truth
Once again PDM has provided a great variety of resources to consider - however -
"Can we or can we not say, with some degree of certainty, that these paintings represent something very close to Leonardo's original? I am no expert, but I do not see why not. Other copies are considered to be close to the original.
With respect - does this not beg the question:
If all of these "very close to Leonardo's original" copies of "The Last Supper" are faithful copies or restorations - then why the dispair among the high ranking art experts previously quoted by this writer that there is nothing which serves as a credible model for restorative purposes that is believed to actually represent what Leonardo originally painted ??
Compare carefully all of the reference materials and quotations provided by PDM with this writer's references and quotations in Post #348096.
Note that while the links provided by PDM are from responsible sources and all claim in different ways that whatever work to which they refer is an accurate representation of Leonardo's "The Last Supper" as he originally painted it - the fact remains that none of those sources quote art experts of the reputation and status to substantiate their claims comparable to those provided by this writer in Post #348096 - which clearly document the fact that from what remains of Leonardo's "The Last Supper", no restoration of it can be said to accurately reflect more than ten percent (at best) of what he originally painted.
Let us ask the question in another way....
To assure fealty to Leonardo in restoring "The Last Supper" as he painted it, if all these copies referenced by PDM are such close representations of what he originally painted - why not just consult Giampietrino's copy and/or journey to the Tongerlo Abby and/or compare any other copy from the period of these early copies (or later, including restorations) and authorize the commission to restore what Leonardo originally painted to be based upon them?
Why – if all of these copies and restorations are so accurate – why aren’t they good enough to merit confidence that the end result of any restoration would be so close to what Leonardo originally painted that any deficiency would be negligible as far as the art and historical-preservation world is concerned ??
To the art restoration authority and expert who was placed in charge and believed it was possible to return the painting to near its original state, to the consultant for the Louvre and a Leonardo scholar, to the Director of Artwatch, UK, and others not cited, there simply are no known copies of Leonardo's "The Last Supper" (regardless of age or condition) that are considered reliable representations of his original work of sufficient merit to be used in reconstructing either his intentions or restoring what he actually painted.
Originally Posted By: PDM, Post #348132
I have no idea whether or not Leonardo was portraying the beloved disciple as a female, but I wouldn't discount it. Yes, he painted effeminate-looking young men, but why should the model for beloved disciple look like the model for the virgin Mary? Anyway, whatever Leonardo thought about the matter, that doesn't mean that he was correct.
(Color added by this writer to create a specific reference point)
Apparently some misunderstanding has occurred regarding what this writer said in asking the question "could the gender of the disciple in question be buried in Leonardo's notes?" (paraphrased).
Please review the preceding post on this point.
This question was not meant to be understood as if this writer was suggesting Leonardo said something in his notes that conflicted with the NT account of "The Last Supper", the question was to position the possiblity of an answer as forthcoming in a future post.
Do Leonardo's personal notes reveal his intentions as to what was going to be painted, gender-specific, when he discusses how the disciple in question will appear in his painting ??
...and that answer...is still going to be reserved for a another post when time permits.
There is such a lot of information, etc, here, but I'll start with this:
... while the links provided by PDM are from responsible sources and all claim in different ways that whatever work to which they refer is an accurate representation of Leonardo's "The Last Supper" as he originally painted it - the fact remains that none of those sources quote art experts of the reputation and status to substantiate their claims comparable to those provided by this writer in Post #348096 - which clearly document the fact that from what remains of Leonardo's "The Last Supper", no restoration of it can be said to accurately reflect more than ten percent (at best) of what he originally painted.
I know that there has been criticism of the restoration, but, all the same, the restorers must have respect from high quarters to have been allowed to do this work:
Pinin Brambilla Barcilon has conducted this latest restoration of Leonardo's Last Supper under the auspices of Milan's Superintendent for Artistic and Historic Heritage. She is a renowned restoration artist who made use of various new technologies to bring life back into Leonardo's masterpiece.
http://www.bringyou.to/apologetics/LeonardoLastSupper.htm
This is what the restorers felt:
Given the radical decay of the masterpiece, the Milan consultants opted for an equally radical solution: to remove centuries of additions, fixatives and repaintings in an attempt to arrive at what was left of Leonardo's original work. The decision would either reveal a dramatically different image than the one that had been seen for centuries or reduce "The Last Supper" to a few isolated streaks of fading color.
"I was certain that there was enough beneath the additional materials to warrant this restoration," says Carlo Bertelli, the former Milan superintendent of art who originally authorized the project in the late 1970's. "Mrs. Brambilla and I had examined the surface with a microscope, and we were surprised to see how much of Leonardo's original work remained. There were also several cleaning trials, with extremely encouraging results."
http://query.nytimes.com/gst/fullpage.ht...;pagewanted=all
John after cleaning trials & restoration:
http://www.press.uchicago.edu/Images/Chicago/barcilon_john2.gif
http://www.press.uchicago.edu/Misc/Chicago/504271_john.html
From the book by the restorer Pinin Brambilla Barcilon and Pietro C. Marani
With regard to reliable experts, I have great respect for the Royal Academy, and this is from their site:
To celebrate the Universal Leonardo programme of exhibitions around Europe, September's object is a near-contemporary copy, attributed to Giampietrino, of Leonardo da Vinci's Last Supper. ......
.... Giampietrino's copy ... shows details that seem to have been lost in the original, such as the salt-cellar overturned by the right arm of Judas. Giampietrino is known to have been a close follower of Leonardo in Milan, and, it has even been suggested, may have worked as an assistant on the master's Last Supper.
The Royal Academy bought this copy for six hundred guineas in 1821 ... and in 1825 Henry Fuseli, ... Professor of Painting, was able to deliver his eleventh lecture in front of this magnificent record of the original glory of Leonardo's now-faded masterpiece.
http://83.138.168.41/ixbin/hixclient.exe...ON_=NsMMCEAkWeF
I'm not an artist, an art historian, or a restorer, but I'd say that it is because they were restoring a specific work ~ not copying another.
Do we know for certain that the early copies were not consulted?
Do you think that the copies, the remains of Leonardo's cleaned original, and the restored version of 'the beloved disciple' are very different from each other?
Last edited by PDM; 01/22/09 12:19 PM.
.... Apparently some misunderstanding has occurred regarding what this writer said in asking the question "could the gender of the disciple in question be buried in Leonardo's notes?"
No ~ no, I wasn't referring to that.
I was simply making a comment ~ that whatever Leonardo did or didn't think about 'The Last Supper', he was painting a long time after the supposed event and his opinions on the subject may not mean anything, anyway.
Understood - just wanted to be sure the reference to Leonardo's notes regarding the "The Last Supper" had not been misunderstood because of how the question was phrased
This entry will be attempting to bring some degree of personal closure to what has been presented in defense of the topic that the "beloved disciple" was not Mary Magdalene. New responsibilities - plus the fact that this writer wishes to resume work on the last entry under the discussion topic, "Leonardo's Painting - A Fatal Flaw?" (URL at the end of this post) which continues at a tedious pace due to the complexity of the material to be considered regarding the day and time of Jesus' execution - will impose even greater restrictions on this writer's available time.
Moving forward...
Continuing to trade quotations of either praise or criticism of the outcome of the restoration of Leonardo's "The Last Supper" could, this writer suspects, continue back and forth 'ad infinitum '. Truly, do we need better examples of "Beauty is in the eye of the beholder" than all of these opposing comentaries represent ??
Before going further, it seems appropriate regardless of one's stand on the matter to acknowledge the twenty year dedication to the project by Pinin Brambilla Barcilon. Regardless of how her work and the solutions to problems encountered were administered and are now viewed (whether as accomplishing the task successfully or as contributing to further ruination of Leonardo's masterpiece), twenty years is a lot of time to give up out of one's life in devotion to any project. A picture of her at work follows:
... http://i380.photobucket.com/albums/oo246/Grrr82CU/RestorerAtWork.jpg ....
In response to the question asked:
Originally Posted By: PDM, Post ##348291
"Do you think that the copies, the remains of Leonardo's cleaned original, and the restored version of 'the beloved disciple' are very different from each other?"
This writer respectfully suggests - ultimately - it doesn't matter.
After all the speculation, visual comparisons, quotations, opinions, etc., have been heard, seen, and debated - the only thing that really matters is how Leonardo himself described the gender of the figure at Jesus' right hand that he was intending to paint.
Whether or not Leonardo's understanding encompassed the entirety of the NT account regarding the timetable and events associated with Jesus and his apostles' "The Last Supper" is basically irrelevant. What he apparently did understand was both the moment described in the NT that became the subject of his painting and the interaction among those present which became what we might describe today as "sub-plots", subtly embedded in the overall painting, all of which are portrayed in various stages of concurrent and animated activity.
This forum presumes to discuss one related point of interest in relation to "The da Vinci Code". It is one of several entries dedicated to the discussion of whether or not the figure to Jesus' right (around which so much controversy swirls) is male or female pursuant to the focus upon that matter Dan Brown brings out through his characters and throughout his novel.
As has been seen thus far, the two major "camps" regarding "The da Vinci Code" are more or less divided between advocates who believe Mary Magdalene is the "disciple Jesus loved" versus those who believe the disciple as so described should be identified as the youthful Apostle John.
So, can we determine if Leonardo intended to paint the figure as a "female" or as a "male"?
Can we know, either way, to any degree of certainty?
Let us see...
If it can be proven that Leonardo himself indicates the gender of the figure to Jesus' right - that should settle once and for all the raging speculations found across a broad spectrum as to how he painted it with regard to its gender characteristics. After all, who is going to argue with the master composer of the painting?
First - an overview of the material specific to answering the question - "What gender did Leonardo intend for the figure to exhibit - male of female?
Leonardo da Vinci's Notebooks are arranged in two volumes, each with a series of “chapter” headings which contain Leonardo’s notes, drawings, etc., regarding specific topics.
The Chapter headings are:
A General Introduction containing Leonardo’s intention to publish his MSS, a general introduction to painting
Six sub-books on Light and Shade
Perspective of Disappearance
Perspective of Colour and Aerial Perspective
On the Proportions and on the Movements of The Human Figure
Botany for Painters and elements of Landscape Painting
The Practice of Painting
Studies and Sketches for Pictures and Decorations (which contains among the nine sub-headings “Notes on the Last Supper”
In Chapter 10, under the sub-heading of "Notes on the Last Supper", Leonardo states:
Originally Posted By: Lenardo da Vinci writing "Notes on the Last Supper" (665 668) in his own hand
.[9] "Another speaks into his neighbour's ear and he, as he listens to
him, turns towards him to lend an ear"
Obviously the first gender-specific reference to "his..ear" refers to the disciple "whom Jesus loved" as described by the NT account cited elsewhere.
The remaining gender-specific references to "he" all refer to the same individual and the actions "he" was taking in inclining towards the speaker, Peter.
So what do we now know? First that the gender of the disciple/apostle to Jesus' right is no longer in question. Leonardo is very clear on that point. Secondly, because of how he describes what the figure in his painting will be doing, those actions can only be matched to the NT description of "the one Jesus loved" inclining his head and ear towards Peter found at Jn 13:32,33,34.
Also, whether or not Leonardo painted the face of the disciple/apostle with "feminine" features in the tradition of The Florentine School is irrelevant. As far as he was concerned according to his own notes, he was painting a youthful male, not a female.
Regardless of how it "appeared" to an early restorer or copyist as they viewed what was left of his masterpiece by the time they arrived, or how it appears to any modern day restorer - or to us in this forum for that matter, Leonardo's own words abrogate any reason to continue contending that the figure to Jesus' right is Mary Magdalene. Such an argument or belief can only be maintained if someone willfully ignores what Leonardo himself said regarding the gender of the figure to Jesus' right.
Even those who propose, argue, or believe that the Church changed the gender of the disciple "whom Jesus loved" (from female to male in the NT), surely have no grounds from which to contend that someone also changed Leonardo's notes that tell us of his intention to portray the figure as a male, not a female. Such an argument, given trying to duplicate Leonard's handwriting (not to mention attempting to conceal any changes made on centuries old manuscript paper), would be impossible to sustain subsequent to the harsh light of investigative scientific and historical scrutiny.
Thus with strokes of his writing instrument now centuries old, Leonardo da Vinci in his own words and handwriting unimpeachably describes his intention to paint a male. This description and the actions of the two figures involved that Leonardo describes as he visualizes what he will bring to life when he paints - describes the interaction between Peter and the disciple/apostle John to Jesus' right. This "word picture", this description of which Leonardo writes in anticipation of actually beginning to paint, unquestionably demonstrates his deliberate intention to include the moment described at Jn 13:32,33,34 into the overall scene he will paint of "The Last Supper".
Leonardo painted just as his notes say he intended to do not the disciple Mary Magdalene who later ran to someone other than to herself to report Jesus' body was no longer in his tomb (Jn 20:1,2), ran as she did to Peter and to this disciple whom "Jesus loved", the one whom Leonardo painted as the "Beloved Disciple" - was the youthful Apostle John.
Link to "Leonardo's Painting - A Fatal Flaw":
The image of Pinin Brambilla Barcilon at work may be viewed at http://www.siue.edu/~ejoy/Barcilon1985.htm
First of all, because of copyright concerns, may I please ask if the photograph is your own, or, alternatively, if permission has been given to post it on the forum?
No avenue is provided to request permission, neither is there any indication the picture is copyrighted. The URL is provided at the end of the post.
Please note a follow-up response posted later regarding this issue.
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Some Conditions for Understanding Supersensible Experiences
[ Lecture: 18th January, 1920 | Dornach | GA0196 ]
Dornach, January 18, 1920
One of his lectures on Spiritual Essence and its Working, this lecture was delivered by Rudolf Steiner at Dornach on the 18th of January, 1920. It is lecture 6 of 18 from the volume: Spiritual and Social Transformations in Human Evolution The volume of the Complete Edition of the works of Rudolf Steiner containing the original text of the this lecture, among seventeen others, is entitled: Geistige und Soziale Wandlungen in der Menschheitsenticklungen. (No. 196 in the Bibliographical Survey, 1961).
This English edition was transcribed from stenographic notes, unrevised by the lecturer, and is presented here with the kind permission of the Rudolf Steiner Nachlassverwaltung, Dornach, Switzerland.
[ Introduction | Lecture ]
Published in The Golden Blade 1960
Anthroposophy, a way of thought rather than a body of dogma, springs from the work and teaching of Rudolf Steiner (1861 – 1925). He spoke of it as “a path of knowledge, to guide the spiritual in the human being to the spiritual in the universe”.
The aim of this Annual is to publish writings which bring the outlook of Anthroposophy to bear on questions and activities relevant to the present time.
The title derives from a reference by Rudolf Steiner to an old Persian legend. “Djemjdid was a king who led his people from the north towards Iran, and who received from the God, whom he called Ahura Mazdao, a golden dagger, by means of which he was to fulfil his mission on earth. ... It represents a force given to man whereby he can act upon and transform external nature.”
A Lecture (hitherto untranslated) given by Rudolf Steiner at Dornach on January 18, 1920 From a shorthand report, unrevised by the lecturer. Published by permission of the Rudolf Steiner-Nachlassverwaltung, Dornach, Switzerland.
FROM the present time onwards it will be impossible for man to acquire any real self-knowledge or feeling of his own being without approaching the science of Initiation, for the forces out of which human nature actually takes shape are nowhere contained in what man is able to know and experience in the material world. To form an idea of what I want to convey by saying this, you must think about many things that are familiar to you from anthroposophical studies.
You must remind yourselves that as well as living through his life here between birth and death, man passes again and again through the life between death and a new birth. Just as here on earth we have experiences through the instrumentality of our body, we also have experiences between death and a new birth, and these experiences are by no means without significance for what we do during our earthly existence in the physical body. But neither are they without significance for what happens on earth as a whole. For only part — and indeed the rather lesser part — of what happens on the earth originates from those who are living in the physical body. The dead are perpetually working into our physical world. The forces of which man is unwilling to speak to-day in the age of materialism are nevertheless at work in the physical world. Our physical environment is fashioned and permeated not only by the forces emanating from the spiritual world, from the Beings of the higher Hierarchies, but forces proceeding from the dead also penetrate into what surrounds and overtakes us here. So that a full and complete survey of man's life is possible only if we look beyond what can be told us by knowledge obtained through the senses and through history, here on earth.
The existence of such forces is in the end the one and only thing that can explain man in his whole being and the whole course of human evolution on the earth. A time will come in the physical evolution of the earth — it will be after the year 5,700 — when, if he fulfils his rightful evolution, man will no longer tread the earth by incarnating in bodies derived from physical parents. In that epoch, women will be barren; children will no longer be born in the manner of to-day, if evolution on the earth takes its normal course.
There must be no misunderstanding about such a fact as this. Something else, for example, might come about. The Ahrimanic Powers, which under the influence of the impulses working in men to-day are becoming extremely strong, might succeed in preventing earth-evolution in a certain respect. It would then become possible for men — by no means for their good — to be held in the same form of physical life beyond this time in the sixth or seventh millennium. They would become much more like animals, while continuing to be held in the grip of physical incarnation. One of the endeavours of the Ahrimanic Powers is to keep humanity fettered too long to the earth in order to divert it from its normal evolution.
However, if men really take hold of the best possibilities for their evolution, then in the sixth millennium they will enter for a further 2,500 years into a connection with the earthly world of such a kind that they will, it is true, still have a relationship with the earth, but a relationship no longer coming to expression in the birth of physical children. In order to make the picture graphic, I will put it like this: In clouds, in rain, in lightning and thunder, man will be astir as a being of spirit-and-soul in the affairs of the earth. He will pulsate, as it were, through the manifestations of nature; and in a still later epoch his relationship to the earthly will become even more spiritual.
To speak of any such matters to-day is possible only when men have some conception of what happens between death and a new birth. Although there is not complete conformity between the way in which, between death and a new birth to-day, man is related to earthly conditions and the way in which he will be related to them when he no longer incarnates physically, there is nevertheless a similarity. If we understand how to imbue earth-evolution with its true meaning and purpose, we shall enter permanently into the same kind of relationship with earthly affairs that we now have only between death and a new birth. Only our life between death and a new birth in the present age is, shall I say, rather more essentially spiritual than it will be when this relationship is permanent.
Without the science of Initiation, understanding of these things lies leagues away. Most people to-day still persist in believing that the essential way to acquire knowledge of the science of Initiation is to amass all kinds of spiritual experiences, but not by the path that is proper for us in the physical body. Even the experiences gained by spiritualistic methods are apt to be valued more highly to-day than those which can be understood by the healthy human reason. Everything that is discovered by an Initiate, and can be communicated, is intelligible by the normal, rightly applied, human reason if only the necessary efforts are made. It is a primary task for the Initiate, also, to translate what he is able to proclaim out of the spiritual world into a language intelligible to human reason. Much more depends upon such translation being correct than upon the fact of having experiences in the spiritual world.
Naturally, if one has no such experiences, there is nothing to communicate. But crude experiences which arise without healthy reason being applied to their interpretation are really worthless, and have not the right significance for human life. Even if people were able to have many super-sensible experiences, but disdained to apply healthy reason to them, these experiences would be of no use whatever to humanity in the future. On the contrary, they would do serious harm, for a super-sensible experience is of use only when it is translated into the language that human reason can understand. The real evil of our time is not that men have no super-sensible experiences; they could have plenty if they so wished. Such experiences are accessible, but healthy reason is not applied in order to reach them. What is lacking to-day is the application of this healthy human reason.
It is of course unpleasant to have to say this to a generation that prides itself particularly on the exercise of this very reason. But at the present time it is not super-sensible experience that is in the worst plight; it is healthy logic, really sound thinking, and above all, too, the force of truthfulness that are worst off. The moment untruthfulness asserts itself, the super-sensible experiences fade away without being understood. People are never willing to believe this, but it is a fact.
The first requirement for understanding the super-sensible world is the most scrupulous veracity in regard to the experiences of the senses. Those who are not strictly accurate about these experiences can have no true understanding of the super-sensible world. However much may be heard about the super-sensible world, it remains so much empty verbiage if the strictest conscientiousness is not present in formulating what happens here in the physical world.
Anyone who observes how humanity is handling palpable truth today will have a sorrowful picture! For most people are not in the least concerned to formulate something they have experienced in such a way that the experience is presented faithfully; their concern is to formulate things as they want them to be, in the way that suits themselves. They know nothing about the impulses that are at work to beguile them in one direction or another away from a faithful presentation of the physical experience.
Leaving aside trifling matters, we need only observe the impulses which arise from ordinary human connections in life and prompt men to ‘varnish’ the truth in one respect or another. Further, we need only realise that the majority of people to-day are not speaking the truth at all about certain things, because of national interests or the like. Anyone who has national interests of some kind at heart can neither think nor say anything that is true in the sense in which truth must be conceived to-day. Hence the truth is virtually never uttered about the events of the last four or five years, because people everywhere speak out of one or other national interest.
What must be realised is that when a man desires to approach the super-sensible world, infinitely much depends upon such things. In times when procedures such as I characterised at the end of the lecture yesterday are possible — can you believe that many avenues to the truth lie open? [Steiner was quoting scurrilous statements based on deliberate falsification published in newspapers in Germany about the alleged political aims, methods and activities of the Threefold Commonwealth Movement at the time it was founded. He also referred to articles in a Roman Catholic periodical, and to a book by a Professor of Psychology containing false information about Anthroposophy.] They certainly do not. For those who wallow in such swamps of untruthfulness as were disclosed yester-day, spread fog which completely shuts off what should be grasped as super-sensible truth by the healthy human reason. There is equal unwillingness to perceive that straightforward, candid relations between man and man must prevail if super-sensible truths are to penetrate in the right way into the social life. One cannot ‘varnish’ truth on the one hand and, on the other, wish to understand matters of a super-sensible nature.
When they are put into words, these things seem almost matters of course, but actually they are so little matters of course that everybody to-day ought constantly to repeat them to himself. Only so can there gradually be achieved what is necessary in this domain. As I said here recently, the essential principle of social community is that it must be founded upon confidence, in the sense indicated. This must be taken in all earnestness. In very many respects this confidence will also be necessary in the future with regard to paths of knowledge. The attitude adopted towards those who are in a position to say something about the science of Initiation should be to examine their utterances with the healthy reason only, not with sympathy, antipathy or the like, nor in the mirror of personal feeling. It must at all times be realised that the Anthroposophical Society should become in the real sense a bearer of super-sensible truths into the world. Thereby it could achieve something extraordinarily necessary and significant for the evolution of mankind.
But it must be remembered that to have experiences in sensible spheres is obviously a matter to be taken in earnest. I told you some time ago how a friend of our Movement, shortly before he died from the effects of war-wounds, wrote lines in which, in the very face of death, he speaks of the air becoming hard, granite-like.
I said at the time that this is an absolutely true experience. [See lecture given at Dornach, 15th November, 1919: “An impression of this nature must be understood. ... For in wrestling to acquire the wisdom needed for the future, one of the most frequent experiences is this: the surrounding world presses in upon one, as if the air had suddenly hardened to granite. The reason for these things can be known, for it need only be remembered that it is the striving of the Ahrimanic Powers to cause the earth to become completely rigidified.”] Think only of the most elementary experiences connected with crossing the Threshold of the spiritual world and you will be able to gauge the importances of these things. In our life by day — or also by night, for then there is electric light — the sun, the light of the sun, illumines the objects around us; the sunlight makes them visible. In a similar way the other senses become aware of surrounding objects. If I limit myself at the moment to the example of the sunlight, directly the Threshold is crossed man must become one with the light in his inmost being. The light cannot enable him to see objects because he has to pass into the very light itself. Objects can be seen with the help of the light only as long as the light is outside. When man is himself moving together with the light, the objects illumined by it can no longer be seen. But when, in his being of soul, he is moving in the light itself, then for the first time he becomes aware that thinking is, in reality, one with the light weaving in the world.
Thinking that is bound up with the body is proper to physical life only. Directly we leave this body, our thinking loses definition; it weaves into the light, lives in the light, is one with the light. But the moment our thinking is received into the light, it is no longer possible to have an ego as easily as man has one between birth and death, without doing anything towards it. His body is organised in such a way that his being reflects itself through the body, and he calls this mirror-image his ego. It is a faithful mirror-image of the real ego, but it is a mirror-image, a picture only, a picture-thought, a thought-picture. And the moment the Threshold is crossed, it streams out into the light.
If another anchorage were not now available, man would have no ego at all. For this ego, this ‘I’, that he has between birth and death, is furnished for him by his body. He loses it the moment he leaves the body, and then he can be conscious of an ego only by becoming one with what may be called the forces of the planet especially the variations of the planet's force of gravity. He must become so entirely one with the planet, with the earth, that he feels himself to be a part of the earth, as the finger feels itself to be a member of the human organism. Then, in union with the earth, it is possible for him again to have an ego. And he perceives that just as here in earthly life he makes use of thinking in the physical body, after earthly life he can make use of the light.
From the standpoint of Initiation, therefore, one would have to say: Man is united with the earth's force of gravity and through radiating light concerns himself with the things of the world. Applied to the experience beyond the Threshold, this would express the same fact as when one says here on earth: Man lives in his body and thinks about the things of the world. Of the life between birth and death we say: Man lives in the body and concerns himself with things through thinking.
As soon as he leaves the body, we must say: He is united with the earth's force of gravity or with its variations, with electricity or magnetism, and through radiating light, inasmuch as he is now living in the light, concerns himself with the things of the world.
When things that have been illumined in this way — instead of being merely thought about, as is generally the case — are put into words, they are entirely comprehensible to the healthy human reason. And even the Initiate, if he has not developed his reason in the right way, gains nothing whatever from his super-sensible experiences. When someone to-day — please take what I am now saying as a really serious matter — has learnt to think in a way perfectly adapted to meeting the demands of school examinations, when he acquires habits of thought that enable him to pass academic tests with flying colours — then his reasoning faculty will be so vitiated that even if millions of experiences of the super-sensible world were handed to him on a platter, he would see them as little as you could physically see the objects in a dark room; for that which makes men fit to cope with the demands of this materialistic age darkens the space in which the super-sensible worlds come towards them.
Men have become accustomed to think in the one and only way that is possible when thinking is based on the bodily functions. This kind of thinking is ingrained in them from their youth onwards. But healthy human reason does not unfold on bodily foundations; it unfolds in free spiritual activity. And even in our Elementary Schools to-day children are educated away from free spiritual activity. The very methods of teaching hinder the development of free spiritual activity. Dare one incur the responsibility of concealing from the world these vital truths of the age? People may not realise why it was thought necessary to set into active operation an institution such as the Waldorf School in Stuttgart. But through this Waldorf School some at least of the children of men will be given a real chance to discard the bigotry of the times and to learn how to move in the element of thinking that is truly free. As long as such things are not regarded in this serious light, we shall make no progress.
Now I would like to call your attention to another tendency which is still far too common. Because people are tired of the old in its ordinary form, they like to get hold of something new; but for all that they want the new to be somehow veiled, whenever possible, in all the old, habitual conceptions. I have known many people — and it is well to be under no delusion about these things — who have realised that anthroposophical Spiritual Science is endeavouring to promulgate something true and right about Christianity, about the Mystery of Golgotha. But among them were some for whom this was right only because it exposed them to less disapproval in Church circles; hence they found Anthroposophy more opportune than some other form of spiritual science holding a different view of Christianity. In anthroposophical Spiritual Science the one and only question is that of truth; but with some people it has not always been a question only of truth, but often only of opportunism. Naturally it is unpleasant nowadays to have to witness the attitude to truth adopted by the representatives of the religious confessions and ultimately by their congregations who are also influenced by it. This is a trend of the times that must be kept clearly in view.
If it is desired to approach the super-sensible world in the right way, we must have interest in all things — but never mere curiosity. People are so ready to confound curiosity with interest. They must learn not only to think differently but to feel differently about all things. If anthroposophical Spiritual Science were ever to be given a mantle suitable for the atmosphere of coffee-parties or what corresponds to them nowadays, this would by no means conduce to the fulfilment of its task — for this task is of grave moment.
The reason for the hostility that is asserting itself at the present time in such ugly forms is simply this: People realise that here it is not a matter of a sect, or of a happier “family circle” such as many desire, but that something is truly striving to activate the impulses needed by the times. But what interest have the majority of people to-day in these impulses? If only they can bask in happiness or have something in the nature of a new religion! This egoism of soul, which impels very many people to anthroposophical Spiritual Science, must be overcome. Interest in the great affairs of humanity is necessary for any true understanding of Anthroposophy.
These great concerns of the life of humanity are clearly to be discerned in the most seemingly trivial facts of life. But in one respect our whole life of perception and feeling must change if we want so to orientate healthy human reason that it functions in the right stream of Spiritual Science. Let me repeat: The whole of our life of soul must change in one particular respect if our healthy human reason is to function within the stream of spiritual life that is to be brought to mankind through Anthroposophy. What is the orientation given us here on earth by the culture that is smothered in materialism? Our orientation is such that we feel ourselves as bodily men — with bones, muscles, nerves. And our body acts as a mirror, reflecting the image of our ego to us — schematically, like this:
Your true being is somewhere in spiritual regions. Here, in the physical world, is your body. It becomes a mirror, reflecting back to you the image of the ego. The ego itself is here (= = =), but the image of the ego is reflected back to you by the body. You know of this ego-image when you look at the body with that centre of your being of which most people at present know nothing, but in which they nevertheless live. So the ego, together with the thoughts, feelings and impulses of will, is mirrored by the body. Behind this ego-image is the body, and man calls these mirrored images his soul; behind the soul he perceives the body and uses it as his support.
But this picture: There, down below, is the body; there the ego emerges ... this picture must be entirely changed. It is a picture perceived in complete passivity, and is indeed perceived only because the body is behind it. We must learn to perceive quite differently. We must learn to perceive: You are there in your spiritual world, a world in which there are no plants, minerals and animals, but Angeloi, Archangeloi, Archai, and the other Beings of the Hierarchies; in them you live. And because these Beings permeate us through and through, we ray forth the ego:
We ray forth this ego from the spiritual world. We must learn to feel this ego, to feel that we have within us the ego behind which stand the Hierarchies, just as the body, composed of elements of the three kingdoms of nature, is behind the ego that is an image only. We must pass out of the passive experience into activity in the fullest sense. We must learn to feel that our real ego is brought into being out of the spiritual world. And then we also learn to feel that the mirror-image of our ego is brought into being for us out of the body that belongs to physical existence.
This is a reversal of the usual feeling, and to this reversal we must habituate ourselves. That is the important thing — not the amassing of facts and data. They will be there in abundance once this reversal of feeling has been experienced. Then, when thinking is active in the real sense, those thoughts are born which can fertilise social thinking. When the ego is allowed to remain a mirror-image, thinking can take account only of those social matters which are (as I said yesterday) merely the outcome of changes in phraseology. Only when man is active in his ego can his thoughts be truly free.
In past centuries, not so very long ago, this freedom in thinking was still present in men, although springing, it is true, from atavistic qualities of soul. Instinctively, they regarded it as an ideal to achieve this freedom in their thinking, whereas we have to achieve it in the future by conscious effort. There is an outer illustration of this. Just look at the diplomas conferring the Doctor's degree at universities in Middle Europe. As a rule, people are made not only Doctors, but Doctors and Masters of the Seven Liberal Arts — Arithmetic, Dialectic, Rhetoric, and so on. This no longer means anything, for the Seven Liberal Arts are nowhere included in the curriculum of modern universities. It is a relic, a heritage from an earlier period when through university life men strove to liberate their thinking, to develop a life of soul able to rise to truly free thinking.
At the universities to-day the degrees of Master of the Liberal Arts and Doctor of Philosophy are still conferred. But this is no more than a relic, for nobody understands what the Liberal Arts really are. They are justly named ‘Arts’ because they were pursued in a sphere lying above that of sensory experience, just as the artist's imagination unfolds freely and independently of material existence. The degrees inscribed in university diplomas once represented a reality, just as many other things still surviving in the formula current at universities were once realities. The title, Magister Artium Liberalium, is a very characteristic example.
This living grasp of the self (Sicherfassen) must again be achieved. But it goes against the grain, because people to-day prefer to move about on crutches instead of using their legs. Their ideal is to have what they are to think conveyed to them by the outer, material facts. It is unpleasant for them to realise that thinking in the true sense must be experienced in free spiritual activity, because it means tearing themselves away from the convenient things of life, from all props, all crutches in the life of soul. Whenever things are said from the standpoint of a kind of thinking that has nothing whatever to do with the sense-world, but in complete freedom creates out of intuitions, people do not understand it. My Philosophy of Spiritual Activity was not understood because it can be grasped only by one who is intent upon unfolding really free thoughts, one who is truly and in a new sense a ‘Master of the Liberal Arts’.
These are the things that must be understood today with the right feeling and with the earnestness that is their due. Especially to the English friends who are here for a short time only, I want to say this: The Building we have erected on this hill must be regarded as an outer beacon for the signs of the times. This Building stands here in order that through it the world may be told: If you go on thinking in the old way, as for four centuries you have become accustomed to think in your sciences, you will condemn humanity to destruction. With the help of crutches you may seek in the easy way to establish principles of social life, but in so doing you will only be preserving what already has death within it.
For the life of soul to-day it is essential to unfold thinking that is as free as are those forms out of which, in architecture, sculpture or painting, the attempt has been made to create this Building. Its purpose is that at one spot on the earth these things shall be said not through words alone, but also through forms. Men should feel that here, through these forms, something different from what can be heard elsewhere in the world to-day is intended to be said, and also that what is said is urgently necessary for the further progress of mankind in respect of knowledge and social principles, in respect of all the sciences and of all branches of social life.
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New York Giants Release Former First Rounder Following Armed Robbery Arrest
By Bill Galluccio Sep 8, 2020
Just one season after the New York Giants traded up to pick DeAndre Baker in the first round of the 2019 draft, the team has cut the young cornerback following his arrest in Florida. The Giants are currently on the hook for $9 million of his four-year $10.52 million contract, but the team could seek to void the contract due to his arrest.
Baker surrendered to police in May and is facing four counts of robbery with a firearm in Florida. Officials have accused Baker of robbing several individuals at gunpoint and threatening to have at least one person shot. Seattle Seahawks cornerback Quinton Dunbar was initially accused of being involved, but authorities dropped the charges against him due to lack of evidence.
If convicted, Baker faces a mandatory minimum sentence of ten years and could spend the rest of his life behind bars.
Baker started 15 games last season and had 61 tackles, but he did not live up to expectations after the Giants traded away second-, fourth- and fifth-round picks to acquire him in the first round.
"The DeAndre Baker thing was just something we did not see coming," Giants co-owner John Mara said. "I read some stories saying there were red flags about him, but not in the sense that you would be concerned about criminal conduct at all. Obviously, it's something that's embarrassing to the organization. It's just something that we're going to have to deal with. It happens from time to time. Fortunately, 99.9% of our players are good citizens. This was one that we just didn't see coming, and it's something that we're going to have to deal with."
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More people visited Pikes Peak this year than ever before
The number of visitors at Pikes Peak topped 500,000 this year for the first time ever.
Pikes Peak and Garden of the Gods
Published: 12:30 PM MDT October 3, 2018
Updated: 12:50 PM MDT October 3, 2018
COLORADO SPRINGS, Colo. - A record number of people traveled up to Colorado's Pikes Peak, exceeding 500,000 for the first time.
Through Sept. 30, a total of 527,696 people traveled the highway up to the attraction.
That is up from 2017's 498,700.
Pikes Peak manager Jack Glavan says an increase of visitors was anticipated this year due to both steady growth in the last few years, plus the closure of the Pikes Peak Cog Railway.
Glavan noted that hundreds of thousands of visitors reached the peak via shuttle, which launched in early June because of construction at the Pikes Peak Summit Complex.
During winter hours, which began this week, the temporary, complimentary shuttle service will run on limited weekend service only, based on demand and weather permitting.
REALTED | Shuttle service announced at Pikes Peak ahead of busy season
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Horror / Mystery / Thriller
A reporter and a promiscuous young woman try to solve a series of child killings in a remote southern Italian town rife with superstition and a distrust of outsiders.
Barbara Bouchet as Patrizia
Irene Papas as Dona Aurelia Avallone
Tomas Milian as Andrea Martelli
Reviewed by hippiedj 9 / 10 / 10
An astonishing and daring giallo, a classic in its type.
Lucio Fulci, later known for his graphic horror films like The Beyond and Zombie, was years earlier a master of the Italian giallo (in the company of Argento and Bava) with films like A Lizard In A Woman's Skin and his masterpiece, Don't Torture A Duckling. This film has all the elements of the Italian mystery/thriller genre known as the giallo, but really pulls the viewers in by having each key character with a skeleton in his/her own closet. This keeps you doing as much detective work as the detectives in the film itself. Who is killing the young boys in town? The young rich woman who is so bored that she sexually taunts the eventual victims, the reporter who likes to tamper with a crime scene to get a better photo shot, the townswoman with a mentally retarded daughter, the local witch, the town idiot....the list goes on, and you have to keep mental notes like a true game to play and solve. The themes in this film are very daring and done with that perfect Italian style in the early 1970s. It is certain that no American studio would have even considered making a film of such strong content, and that is precisely why this is such a satisfying film (despite some unusual accent choices for the dubbing) and will definitely have people discussing its meanings long after viewing it. As the saying goes, they don't make them like this anymore, so get a copy and cherish an important film like this one!
Reviewed by ferbs54 8 / 10 / 10
A Grade A Thriller
Sporting a title seemingly more suitable for a Looney Tunes featurette than a grisly giallo, "Don't Torture a Duckling" (1972) is nonetheless a Grade A thriller from horror maestro Lucio Fulci. In this one, someone has been strangling the preteen boys in a rural, southern Italian village and, typical for these gialli, there are many suspects. There's Barbara Bouchet (Patrizia), looking more scrumptiolicious than you've ever seen her, a rich girl hiding out after a drug scandal; Florinda Bolkan (Martiara), the local epileptic voodoo woman; her witchcraft-practicing beau; Giuseppe, the local idiot; the sweet-faced priest; his dour mother; and on and on. The film features some unusually violent set pieces, including a chain whipping of one of the main characters in a graveyard (one of the most realistically bloody sequences that I've ever seen) and a nifty dukeout when the killer is ultimately revealed. The film's bursts of violence compensate for the fact that there are no real scares or suspense to speak of. Still, this giallo fascinates, with its unusual rural backdrop, unsettling child murders, oddball characters, and freaky score by Riz Ortolani. The film has been beautifully photographed in what I presume to be Monte Sant'Angelo, near the Adriatic in southern Italy (at least, that town's police force is thanked in the closing credits). And while subtitling would've made this fine-looking DVD work even better (the American slang doesn't convince in this rural Italian setting), Anchor Bay is to be thanked for another job well done. Oh...that title DOES eventually make perfect sense, too!
Reviewed by EVOL666 8 / 10 / 10
Excellent Mystery Film From Lucio Fulci
DON'T TORTURE A DUCKLING is one of Fulci's earlier (and honestly, in terms of story-line, better...) films - and although not the typical "bloodbath" that Fulci is known for - this is still a very unique and enjoyable film. The story surrounds a small town where a series of child murders are occurring. Some of the colorful characters involved in the investigations - either as suspects, or those "helping" the investigation (or in some cases both) - include the towns police force, a small-time reporter, a beautiful and rich ex-drug addict, a young priest and his mother, An old man who practices witchcraft and his female protégé, a mentally handicapped townsman, and a deaf/mute little girl. All of these people are interwoven into the plot to create several twists and turns, until the actual killer is revealed... DON'T TORTURE A DUCKLING is neither a "classical" giallo or a typical Fulci gore film. Although it does contain elements of both - it is more of an old-fashioned murder mystery, with darker subject matter and a few scenes of graphic violence (although nothing nearly as strong as some of Fulci's later works). This is a well written film with lots of twists that kept me guessing up until the end. Recommended for giallo/murder-mystery fans, or anyone looking to check out some of Fulci's non-splatter films - but don't despair, DON'T TORTURE still has more than it's fair share of violence and sleaze. Some may be put off by the subject of the child killings, and one main female character has a strange habit of hitting on very young boys, which is also kind of disconcerting - but if that type of material doesn't bother you, then definitely give this one a look. 8.5/10
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New satellite voting locations opening around San Diego County on Saturday
San Diego County residents can vote at new satellite voting centers around the county.
SAN DIEGO (KGTV) -- The San Diego Registrar of Voters is opening satellite locations throughout the county that will allow residents to cast their votes starting Feb. 29.
The five locations will be available from Saturday, Feb. 29, through Election Day (March 3), and include the Registrar of Voter’s office in Kearny Mesa in addition to four locations in San Marcos, Carmel Mountain Ranch, Spring Valley, and Chula Vista.
The new locations are in place due to long lines at the Registrar’s Office that wrapped around the building during the last election.
The upcoming March 3 election will allow voters to register at the Registrar’s Office and every poling place.
“To offset expected long waits on Election Day, the Registrar of Voters is opening four additional locations starting on Saturday so voters can register and cast a ballot early or, if necessary, on Election Day,” the office said in a news release.
All the satellite locations will be open from 8 a.m. through 5 p.m. from Saturday, Feb. 29 through Monday, March 2, and 7 a.m. to 8 p.m. on Election Day.
See a list of locations below:
3 Civic Center Drive
10152 Rancho Carmel Drive
8735 Jamacha Blvd.
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49ers Name 2011 HOF Inductees
The San Francisco 49ers and the York family announced that Roger Craig and R.C. Owens will be the 2011 inductees into the Edward J. DeBartolo Sr. 49ers Hall of Fame. The induction, to be held the weekend of November 12-13, 2011, will honor Craig and Owens for their outstanding achievements and contributions to the 49ers organization. The two will also be recognized during halftime of the 49ers vs. New York Giants game on November 13.
"The 49ers take tremendous pride in honoring those who have made a significant impact on the history of our franchise throughout the years," said 49ers President and CEO Jed York. "On behalf of the fans and our entire organization, I am proud to announce Roger Craig and R.C. Owens will be inducted into the Edward J. DeBartolo Sr. 49ers Hall of Fame later this year.
"Roger proved to be a relentless competitor from the minute he stepped onto the field as a 49ers rookie. He is the definition of a winner, having helped his teams reach the playoffs in each of his 11 professional seasons.
"R.C. is considered one of the greatest athletes of his time. For many years, 49ers fans were treated to his high-flying, acrobatic 'alley-oop' catches. Following a storied playing career, the 49ers organization was fortunate to have R.C. serve as an instrumental administrator for the team."
This past June, the 49ers announced that the team's "Faithful" fans would have an opportunity to annually select one of three finalists, chosen by the 49ers Hall of Fame selection committee, to become a member of the Edward J. DeBartolo Sr. 49ers Hall of Fame. This year, Craig received the most votes on 49ers.com among fellow finalists George Seifert and Gordy Soltau, during the month-long voting period.
In addition to the fan selection, each year 49ers Ownership will also select at least one inductee. This year's Ownership selection is Owens.
As a prerequisite for induction, all 49ers Hall of Fame candidates must have displayed one or more of the following qualifications: outstanding production and performance on the field, key contributions to the team's success, and/or the embodiment of the spirit and essence of the San Francisco 49ers.
The 2011 Inductees
Roger Craig - 49ers Running Back 1983-90
An 11-year NFL veteran, Roger Craig spent eight seasons as a member of the 49ers after being drafted in the second round of the 1983 NFL Draft out of Nebraska. Known as a relentless competitor, Craig is one of the most versatile running backs to ever play the game, and in 1985, he became the first player in NFL history with 1,000 rushing yards and 1,000 receiving yards in the same season. In eight seasons with the 49ers, Craig totaled 11,506 yards from scrimmage, which ranks second most in team history. He finished his NFL career with 8,189 rushing yards, 4,911 receiving yards and 73 total touchdowns, making the playoffs in each of his 11 seasons. The four-time Pro Bowler (1985, '87-89) and one-time All-Pro (1988) won three Super Bowl titles with the 49ers (Super Bowls XIX, XXIII and XXIV) and was named AP Offensive Player of the Year in 1988.
R.C. Owens – 49er Wide Receiver 1957-61
An eight-year NFL veteran, R.C. "Alley Oop" Owens spent his first five seasons as a member of the 49ers, totaling 177 receptions for 2,939 yards and 20 touchdowns with San Francisco. His most productive year came in 1961 when he started all 14 games, caught 55 passes for 1,032 yards and scored five touchdowns. A former college basketball star, Owens transferred his skills over to the football field and was notorious for out-leaping defensive backs for high arching passes from QB Y.A. Tittle. Thus, the origin of the term "Alley Oop" was created, and later became more well-known from its use in basketball. A free agent in 1962, Owens went on to play with the Baltimore Colts and New York Giants, before retiring following the 1964 season. After his playing career ended, Owens spent more than two decades working for the 49ers. In that time, he held various positions for the team, including Director of Training Camp and Director of Alumni Relations.
The Edward J. DeBartolo Sr. 49ers Hall of Fame selection process is as follows:
A list of 10 semi-finalists is submitted by the 49ers alumni department to the 49ers Hall of Fame selection committee.
The selection committee meets and deliberates on the candidates, narrowing the field to three finalists for the fan voting process.
The results of the fan vote, via 49ers.com, will determine one inductee each year.
49ers Ownership will select at least one additional inductee each year. Those people named as finalists in the fan voting process will not be considered in the Ownership selection.
The "Fan" and "Ownership" inductees will be announced in August each year.
The 49ers Hall of Fame selection committee includes: former radio voice of the 49ers, Joe Starkey;*FOXSports.com editor and member of the Pro Football Hall of Fame selection committee,Nancy Gay; *San Jose Mercury News columnist,Mark Purdy; host of 49ers Total Access and KTVU-TV sports anchor,Joe Fonzi; 49ers Vice President of Football Affairs,Keena Turner; 49ers Director of Alumni,Guy McIntyre; 49ers Director of Marketing,Ali Towle;and 49ers Director of Public Relations,Bob Lange**.
**The Edward J. DeBartolo 49ers Hall of Fame
**Established in 2009 and dedicated to Edward J. DeBartolo Sr., the patriarch of one of the most storied franchises in all of professional sports, the 49ers Hall of Fame was created to recognize players, coaches and executives who have made exceptional contributions to the organization.
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Eric Mangini Talks 49ers Defensive Identity, Need to Create Takeaways
The San Francisco 49ers defensive coordinator fielded on a number of questions on Thursday about his unit's performance through five weeks of the regular season.
Take a look at what Eric Mangini had to say.
Opening comments:
"So, another talented group coming in, another good quarterback. Facing [Baltimore Ravens QB] Joe [Flacco] a lot of different times, I've always been really impressed with not just his presence in the pocket, but his arm strength. So, we're onto third downs today, working a little bit on the red zone. And then, in the early part of the week we installed the first and second down game plan, addressing some of the things that we need to address defensively to improve, being able to take advantage of our opportunities, being able to eliminate the self-inflicted wounds, starting there and then pushing forward to Baltimore."
With all the changes that the players are talking about the defense this offseason, how do you think they've adapted to what it is you're trying to get them to do?
"I think for the most part they've done a good job of working at it and they've done a good job of understanding what we're trying to get done. With any new defense, new scheme, new group working together there's steps and we've got some young guys as well. So, I have no complaints at the way that we've worked at it and the way that they've studied it and those things. We just need to obviously improve the execution."
And that's where, you mentioned the working at it and understanding it. Then where is the lapse there as far as transferring that over to the game?
"I don't think it's one thing. And I think there's been times we've done a lot of really good things. When you go through a game and you have those opportunities to make plays, you want to be able to take advantage of them and some of it is ill-timed penalties that we've gotten. Some of it's me needing to improve as well. It's not one guy, it's not one person, it's not just one area. It's the constant push to address the things that come up and also the way that offenses are attacking us because that's changing and evolving with each opponent."
How long does it take to get this defense down?
"I don't know if there's a set timeline on it. Every time I've been part of a transition it's different for different teams. Been a part of quite a few and I wouldn't say that there's one overriding pattern on it."
Baltimore Ravens CB Shareece Wright was open yesterday about saying that he's assisting the Ravens in any way he can. Does that mean that you guys have to do things differently because he's so familiar with how things work on gamedays, etcetera?
"To some degree you do that. I've been in situations where we've had a guy that's come from a team that we were either going to play the next week or the week after and some of their feedback is valuable. Some of their feedback is so specific to their group, to their area, that you get some insight, but it's really segmented. It has the backend component to it, but what does that coverage equate to up front. That's where I've always had a little trouble with as you go through and talk to guys from other clubs. You get part of the picture, but you don't necessarily get all of it. But, being aware that, and Shareece is a smart guy, a good guy, a consciences guy, definitely take that into account."
Do you expect LB Gerald Hodges to be active this week and what's the role that you see for him as you've gotten to know him in this defense, you see him filling in?
"Yeah, Gerald was able to get a decent amount of reps yesterday just by the personnel that we had practicing and he's done a good job with it. Whether or not he can come in this week, we'll have to see more towards the end of the week and also see where he fits in on special teams, because that's always a part of the discussion with guys that aren't necessarily starting. As those two come closer together where he's carved out a role there as well as a role on defense, that'll get him active."
What do you see in terms of LB NaVorro Bowman's pass coverage?
"It's like all of our pass coverage. There's been times where it's been really good and outstanding and then there's been times where it hasn't been what we wanted. But, I can tell you that it's not unique to NaVorro. And all that stuff works together. It's how long do you have to cover for? How quickly is the rush getting there? Is the rush affecting the quarterback? Are we able to bat any balls? All that stuff ties in because the amount of time you have to cover, there's a set route and then there's a route that happens after things break down, which makes it harder."
Are you seeing him wear down as the grind of the season goes on?
"No. And I think [head coach] Jim's [Tomsula] done a good job of trying to give him some time and NaVorro is great about communicating where he's at, whether it's with me or with the trainers or with Jim. And, we're all working together. What he's come back from is not an easy thing at all and he's done a great job when you put it in perspective of what he went through and how hard he had to work to get back there. What he doesn't want and we don't want, nobody wants is take any steps back with that. So, we're trying to be as conscientious and as open collectively about it to get him in the best spot to play on Sundays."
Hodges was a converted safety in college. Was that something, were his coverage skills something that attracted you guys to him? What's your general scouting report?
"You know, it's funny you wouldn't, he had a couple plays yesterday where he came up and he fills quickly and he has some thump to him. So, you wouldn't look at him and go, 'Hey, OK, this guy was at one point in the secondary.' I don't know the system that he was in, sometimes those converted safeties in college systems are really guys that never leave the box. So, they're college safeties, but they are more linebacker types. That being said, you love guys that can run and cover and has the versatility to go up and play with guards and deal with the big guys."
Are you expecting LB Ahmad Brooks on Sunday?
"That's another one that we'll have to see towards the end of the week with Ahmad. And, Jimmy is taking the lead on that. So, whenever Ahmad is back we'll be excited and happy to have him here. Every situation is different. It's such a tough time right now."
Do you have a sense of who the identity of your defense? I mean, after the Green Bay game everyone said, "The defense, that's the strength of the team," and then Sunday was pretty rough.
"I would say it's the ebb and flow of the season. Week 1, defense was great. Then there were other games where we had a better performance than other ones. What I think is really important, I've always stressed to the players is win, lose, perception, none of that is as important. It's what you take away from those things. It's how we're pushing forward. It's how well we're improving. And, sometimes it's the young guys seeing things for the first time. [S] Jaquiski [Tartt] who's really played in the backend, is now playing some of the dime defense underneath. All of that stuff you've got to go through and see for the first time. So, some of those man-route combinations. Even a guy like [DB] Jimmie Ward who had some experience last year inside at the slot, there's things that you show him, you coach him, you teach him, but it's that feeling it, feeling the speed. That part, you wish you could accelerate it. You always want to with young guys, but it takes some time."
CB Tramaine Brock had that interception in the end zone. You guys almost had a couple more interceptions. But, you haven't had a fumble recovery yet this season. Is that something where you guys--?
"Yeah, I'd love some more fumble recoveries, some more batted balls, some more sacks, some more, all those things. We were talking about that too yesterday or actually I was talking with the guys this morning in the meeting is in practice you go through the drill work and that's one level of simulation and you try to get it as real as you can. But, then at practice, it's so important to go through the fits, go through the angles. You've got to build up muscle memory. You've got to get your body trained to consistently pressuring the ball, consistently having the awareness of where the quarterback is in the pocket. Am I in the strong lane? Am I engaged with a blocker? If I am, then my hand's got to go up. I think it was [boxing trainer] Cus D'Amato that said, 'You've got to rep it so much that you can't mess it up even if you want to," just talking about jabs. It's the same thing. You've got to train your body over and over again. It's so important to do it outside of the drill work so it's reactionary and it's just part of what you do."
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megamansions
Cool Listings, Greenwich Village
Asking $50M, the Greenwich Village Milbank House is twice as wide as the average townhouse
By Michelle Cohen, Mon, December 16, 2019
Photo credit: Cary Horowitz for Brown Harris Stevens.
Between Russian-born billionaire Roman Abramovitch‘s three-townhouse Upper East Side combo, Sarah Jessica Parker‘s Village two-fer plans, and the many similar but less newsworthy grandiose schemes by modern-day moguls to collect and build dream castles, the mega-mansion may seem like a sign of 21st-century excess. But the practice has a long history, as evidenced by this 54.5-foot-wide Greenwich Village property at 11 West 10th Street that just hit the market for a trophy-level $50 million, which could set a townhouse record below 34th Street, according to the New York Times. Built by renowned architect Ernest Flagg in the early 1800s, the duo was combined in the early 1900s by investor Jeremiah Milbank, creating a 16,560-square-foot, L-shaped property surrounded by 5,690 square feet of private terrace. Today, it’s been renovated from stem to stern and is ready to welcome a new decade’s decadence.
Megamansion tour, this way
Cool Listings, Financial District, Historic Homes
In the market for a palace? This massive FiDi landmark is 50% off
By Alexandra Alexa, Mon, December 3, 2018
A FiDi landmark with a storied past is back on the market with a significant price drop. The American Bank Note building was built in 1908 by architects Kirby, Petit & Green to serve as the company’s headquarters, then later bought by a foundation of the late Maharishi Mahesh Yogi and used as a meditation retreat. The landmarked building at 70 Broad Street was last sold to a Chinese construction firm in 2010 for $18 million. The new owners renovated the opulent Neo-Classical structure in 2015 and put it on the market for a whopping $88 million in 2016. On Friday, the listing hit the market again, this time with a slightly more moderate $43 million price tag.
Celebrities, Construction Update, Upper East Side
Roman Abramovich signs over Upper East Side megamansion to ex-wife in $92M transfer
By Michelle Cohen, Mon, September 17, 2018
6sqft recently reported that construction had begun on Russia-born billionaire Roman Abramovich‘s Upper East Side megamansion combo of three existing townhouses on East 75th Street. Plans for the megamansion with a pool, art room, backyard and a glass and bronze curtain wall connecting the three townhouses in the rear, designed by Stephen Wang + Associates, were approved by the Landmarks Preservation Commission in November of 2017. The LPC approval came a few months after Abramovich announced a split from arts patron and businesswoman Dasha Zhukova, whom he married in 2008 and with whom he has a son and a daughter. Now, the New York Post reports, Abramovich has transferred ownership of the properties at 9, 11 and 13, along with at least one other Upper East Side address to his ex.
Construction underway for Roman Abramovich’s Upper East Side mega-mansion
By Devin Gannon, Tue, August 14, 2018
Via LPC
Russia-born billionaire Roman Abramovich is moving ahead with his plan to construct a mega-mansion on the Upper East Side, the New York Post reported on Monday. Abramovich’s original proposal in 2016 called for an “18,255-square-foot mansion with a six-foot front yard, 30-foot backyard and pool in the cellar” across a combination of three townhouses on East 75th Street. Although the Landmarks Preservation Commission rejected that first plan, a proposal that kept similarly-styled facades and added a fourth property was approved soon after.
Celebrities, Landmarks Preservation Commission, Upper East Side
LPC approves Roman Abramovich’s revised Upper East Side mega-mansion proposal
By Michelle Cohen, Tue, November 14, 2017
Image: Landmarks Preservation Commission
Shortly after Roman Abramovich added a fourth Upper East Side townhouse to his now-$96-million assemblage on East 75th Street, the Russian billionaire’s three-house, 18,000-square-foot mega-mansion plans changed ever so slightly, with renovation efforts to be concentrated on numbers 9, 11 and 13, leaving number 15 out of the running for the mega-combo. As 6sqft previously reported, the steel magnate and owner of the Chelsea Football Club has been working with architect Steven Wang with big-name firm Herzog & de Meuron as a design consultant. The first proposal for the project, “an 18,255-square-foot mansion with a six-foot front yard, 30-foot backyard, and pool in the cellar” was rejected by the Landmarks Preservation Commission and the DOB in April 2016, but a revised plan was approved two months later. Tweaked again to include the new property, the revised plan has been officially approved on Tuesday by the Landmarks Preservation Commission.
Celebrities, Upper East Side
Roman Abramovich buys fourth townhouse on Upper East Side block for $96M mega-mansion
By Dana Schulz, Mon, October 30, 2017
Rendering of the revised LPC proposal from June 2016; via Steven Wang Architects
In the wake of Mayor de Blasio’s claims that Russian oligarchs “basically stole the wealth of their country with the help of their government” and then used these “ill-gotten gains” to buy up property here in the city, one of the country’s best-known billionaires, steel magnate and owner of the Chelsea Football Club Roman Abramovich, has purchased a fourth townhouse on a landmarked Upper East Side block in order to create an unprecedented mega-mansion. According to the Post, Abramovich’s latest buy was a secret one but brought his total assemblage up to a whopping $96 million. Though he could’ve created the “biggest home the city has ever seen,” reps for architect Stephen Wang tell us that the project will still remain a three-townhouse combination, now with a different trio included.
More details ahead
Cool Listings, Historic Homes, Upper East Side
This $28M Upper East Side multi-townhouse-garden-pool megamansion compound is not like the others
By Michelle Cohen, Thu, April 27, 2017
6sqft has reported on the townhouse combo mega-mansion phenomenon before, such as when Roman Abramovich clashed with the DOB over a set of Upper East Side townhouses and when Sarah Jessica Parker and the unrelated but also loaded Sean Parker dropped a bundle on their respective two-and three-fers; now another stunning double scoop of insane townhouse living just hit the market at 166 East 81st Street and 179 East 80th Street (just down the street from Madonna’s triple Georgian townhouse compound). The two contiguous houses comprise 8,000 square feet of gorgeous 1899 historic details and uptown opulence for the appropriately uptown ask of $28 million. Unlike those other Siamese townhouse siblings, though, these bad boys are adjoined back-to-back through a private 74-foot two-tiered landscaped garden with a swimming pool. Take that, Madonna.
Take the front to back tour, this way
Cool Listings, Starchitecture, Tribeca
Maya Lin-designed Tribeca mansion lists for $35M
By Dana Schulz, Mon, February 27, 2017
Despite the claim by some preservationists that the building looked like “a block of swiss cheese,” back in June the Landmarks Preservation Commission approved Maya Lin Studio‘s design of a contemporary mega-mansion in the heart of Tribeca‘s historic district. The plans call for a five-story, 20,000-square-foot home at 11 Hubert Street–including incredible amenities such as an 82-foot swimming pool, basketball/squash court, four-car garage, and an open-air courtyard–and, as the Post reports, the corner site has just hit the market for $35 million, though this doesn’t include the $15 million it’ll cost to actually build the house.
Celebrities, Greenwich Village, Recent Sales
Facebook co-founder Sean Parker buys three Greenwich Village townhouses to create mega-mansion
By Annie Doge, Mon, August 29, 2016
There must be something about the Village and Facebook that go together. Back in January, the social media company’s co-founder Chris Hughes sold his Soho loft for $8.5 million and relocated to a $23.5 million West Village townhouse. And now the Post reports that the other founding partner, Sean Parker, who also created Napster, has acquired three homes along West 10th Street, where he plans to create one big mega-mansion.
Architecture, Features, History, Upper East Side
Manhattan Mansions: 5 of the Biggest (We Mean Gigantic) Single-Family Homes
By Jason Carpenter, Sun, June 22, 2014
Everyone knows Manhattan is all about high-rise condos, tall apartment buildings, and any other kind of building in which people live above other people. But it wasn’t always that way. A hundred years ago, there was still room on this small island for the ultra-rich to build mansions all to themselves, single-family homes with the square footage of a castle. Today many of these buildings, all “Millionaire’s Row” mansions in the Upper East Side, belong to museums and schools, but the question remains: What are the biggest buildings in Manhattan today that were built as single-family homes?
See our list of mansions here
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Dr. Robert P. Bolton
Dr. Bolton comes to Pediatric Dentistry and Orthodontics with over a decade of experience in dentistry and orthodontics. He brings with him a wealth of knowledge and clinical experience in traditional and Invisalign orthodontic treatment for children and adults alike.
After earning a degree in Mechanical Engineering from the University of Notre Dame where he played hockey for the Fighting Irish, Dr. Bolton went on to graduate with honors from the University of North Carolina at Chapel Hill School of Dentistry. Upon graduation he was commissioned a Lieutenant in the United States Navy Dental Corps and completed a one-year residency in the Navy’s Advanced Education in General Dentistry program at Naval Station Norfolk. Upon completion of his AEGD he received the top resident award and subsequently served as Dental Department Head on the USS AUSTIN LPD-4.
On the USS AUSTIN he deployed for a year in support of Operation Enduring Freedom, Iraqi Freedom and the Global War on Terrorism. He was then selected by the Navy for out-service orthodontic residency training and received his Masters in Orthodontics from the State University of New York at Buffalo. Upon completion of his specialty program Dr. Bolton served as Staff Orthodontist and a Branch Clinic Director for 3D Dental Battalion in Okinawa, Japan. There he was in charge of a dental clinic with over 30 specialists and staff and oversaw both the orthodontics and general dental care of active-duty Sailors, Marines and their family members.
Upon returning Stateside he served as the orthodontist for the Midshipmen at the United States Naval Academy and has been in private practice since 2013.
Dr. Bolton currently resides in Arnold with his wife and daughter. In his free time he serves as the assistant coach for both the United States Naval Academy and Broadneck High School hockey teams. You may also find him cheering on his Irish and beleaguered Buffalo Bills on any given Sunday. He is excited to live and work in the town he calls home and work alongside Drs. Tull, Behling, and Decere, continuing their tradition of dental and orthodontic excellence in our community. He looks forward to meeting you all!
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Prominent Diversity Consulting Firm Funded Entirely by Taxpayer Dollars
A prominent equity consulting firm that conducts “anti-racist” trainings is funded entirely by taxpayer dollars, tax filings reveal.
The Mid-Atlantic Equity Consortium (MAEC) is a self-proclaimed “social justice” nonprofit that conducts “anti-racist audits” for corporations and schools, often in partnership with far-left groups such as the Southern Poverty Law Center. The consortium was recently awarded a lucrative contract by Maryland’s largest school district and works with educators across 15 states.
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American High Schools Go Woke
MAEC’s influence comes at the taxpayer’s expense. According to its most recent tax filings, the group hauled in $2 million solely from government grants between mid-2018 and mid-2019. It has not reported a single private donation in four years. MAEC’s reach is made possible thanks to a partnership with the Department of Education.
Equity firms have profited greatly from the burgeoning anti-racist movement in academia. The MAEC was awarded a $454,680 contract with the Montgomery County Public School district to conduct an “anti-racist audit” of the school’s policies; in nearby Loudoun County, a similar consulting firm raked in $422,500 in two years. Prominent diversity consultants, such as White Fragility author Robin DiAngelo, make nearly $13,000 for a speaking gig on college campuses.
The MAEC also touts a handful of left-leaning education partners, including the Southern Poverty Law Center’s “Teaching Tolerance” arm, which pushes for students to learn about slavery beginning in kindergarten. The consortium is considered the main equity firm in the Mid-Atlantic region.
City Journal‘s Christopher Rufo told the Washington Free Beacon that taxpayers shouldn’t foot the bill for “divisive pseudosciences.”
“This has become activists’ primary strategy: securing taxpayer funds to push the deeply ideological agenda of critical race theory,” Rufo said. “This kind of program plays on a double-standard. It would be unimaginable for a taxpayer-funded organization to teach a pro-life or pro-gun message in public school, but it has become commonplace to have taxpayer-funded organizations teaching extreme left-wing doctrine in public schools.”
The MAEC has raked in a steady stream of government grants over the years. Of the $19 million the group has raised since 2001, $17 million is from taxpayer-backed cash, according to a review of its financial filings. Its most recent tax forms show that from mid-2018 to mid-2019, the group spent $1.6 million on “equity projects” to examine and address systematic policies and practices, nearly $233,000 on “family engagement” projects to build partnerships among schools and parents, and nearly $74,000 on youth projects. Susan Shaffer, the group’s president, has received more than $200,000 in compensation, and Maria Del Rosario Basterra, its vice president, has collected more than $140,000 from the nonprofit.
The U.S. Department of Education awarded the MAEC an equity assistance grant for the mid-Atlantic region in 2011. In return, the consortium worked with 850 school districts in 6 states to provide training and technical assistance. It appears to have expanded its footprint since that time, as it now operates in 15 states and U.S. territories, including several, such as Kentucky, Puerto Rico, and the Virgin Islands, that are outside the mid-Atlantic region.
In September, President Trump issued an executive order banning federal contractors from teaching critical race theory or any “ideology rooted in the pernicious and false belief that America is an irredeemably racist and sexist country.” The Department of Education is still contracted with the MAEC, per its website, despite the firm’s overt embrace of such ideologies.
Neither the Department of Education nor the Mid-Atlantic Equity Consortium responded to requests for comment.
The post Prominent Diversity Consulting Firm Funded Entirely by Taxpayer Dollars appeared first on Washington Free Beacon.
Omar and Tlaib Headline Anti-Israel Hatefest
“Cuomo is a Mobster” – NYC Bar Owner Arrested in Sting Operation For Defying Covid Order (VIDEO)
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Airport information and maps for Naval Air Station Oceana:
NTU Airport Information:
IATA / ICAO Codes: NTU / KNTU
Apollo Soucek Field
Location: Virginia Beach, Virginia, United States
GPS Coordinates: 36°49'14"N by 76°1'59"W
Operator/Owner: United States of America
Airport Type: Naval air station
View all routes: Routes from NTU
Facts about NTU
Map of Nearest Airports to NTU
List of Nearest Airports to NTU
Map of Furthest Airports from NTU
List of Furthest Airports from NTU
Facts about Naval Air Station Oceana (NTU):
The closest airport to Naval Air Station Oceana (NTU) is Norfolk International Airport (ORF), which is located only 11 miles (17 kilometers) WNW of NTU.
In addition to being known as "Naval Air Station Oceana", another name for NTU is "Apollo Soucek Field".
The furthest airport from Naval Air Station Oceana (NTU) is Margaret River Airport (MGV), which is located 11,779 miles (18,956 kilometers) away in Margaret River, Western Australia, Australia.
Naval Air Station Oceana (NTU) has 4 runways.
Naval Air Station Oceana or NAS Oceana is a military airport located in Virginia Beach, Virginia, and is a United States Navy Master Jet Base.
Home to seventeen strike fighter squadrons of F/A-18 Hornets and F/A-18 Super Hornets, the base is the sole East Coast Master Jet Base and home to all the east coast strike-fighter units.
Plans by the Navy to construct an outlying landing field supporting both NAS Oceana and MCAS Cherry Point in eastern North Carolina, initiated in 2006, met with fierce opposition by local residents and environmentalists.
Map of Nearest Airports from Naval Air Station Oceana:
List of Nearest Airports from Naval Air Station Oceana:
1 10.60 miles (17.05 km) WNW Norfolk International Airport (ORF) Norfolk, Virginia (near Virginia Beach and Williamsburg), United States
2 17.70 miles (28.49 km) WNW Naval Station Norfolk (NGU) Norfolk, Virginia, United States
3 25.59 miles (41.18 km) NW Langley Field (LFI) Hampton, Virginia, United States
4 33.27 miles (53.54 km) NW Newport News/Williamsburg International Airport (PHF) Newport News, Virginia, United States
5 39.48 miles (63.53 km) SSW Elizabeth City Regional Airport (ECG) Elizabeth City, North Carolina, United States
6 41.48 miles (66.75 km) SSE Pine Island Airport (DUF) Corolla, North Carolina, United States
7 48.93 miles (78.74 km) W Franklin Municipal Airport (FKN) Franklin, Virginia, United States
8 58.97 miles (94.90 km) SSE First Flight Airport (FFA) Kill Devil Hills, North Carolina, United States
9 59.01 miles (94.97 km) NNE Accomack County Airport (MFV) Melfa, Virginia, United States
10 62.30 miles (100.26 km) SSW Northeastern Regional Airport (EDE) Edenton, North Carolina, United States
11 65.07 miles (104.72 km) SSE Dare County Regional Airport (MEO) Manteo, North Carolina, United States
12 83.39 miles (134.20 km) NNE Wallops Flight Facility Airport (WAL) Wallops Island, Virginia, United States
13 85.15 miles (137.04 km) NW Richmond International Airport (RIC) Richmond, Virginia, United States
14 96.59 miles (155.45 km) WSW Halifax County Airport (RZZ) Roanoke Rapids, North Carolina, United States
15 103.36 miles (166.34 km) NNW Naval Air Station Patuxent River (NHK) Patuxent River, Maryland, United States
Map of Furthest Airports from Naval Air Station Oceana:
List of Furthest Airports from Naval Air Station Oceana:
3 11,733.98 miles (18,883.97 km) WSW Bunbury Airport (BUY) Bunbury, Western Australia, Australia
4 11,730.56 miles (18,878.45 km) W Manjimup Airport (MJP) Manjimup, Western Australia, Australia
6 11,684.44 miles (18,804.23 km) WSW Jandakot Airport (JAD) Jandakot, Western Australia, Australia
7 11,674.74 miles (18,788.63 km) WSW Perth Airport (PER) Perth, Western Australia, Australia
8 11,656.46 miles (18,759.21 km) WSW Jurien Bay Airport (JUR) Jurien Bay, Western Australia, Australia
9 11,651.84 miles (18,751.78 km) W Albany Airport (ALH) Albany, Western Australia, Australia
10 11,635.81 miles (18,725.98 km) WSW Katanning Airport (KNI) Katanning, Western Australia, Australia
11 11,603.32 miles (18,673.69 km) SW Geraldton Airport (GET) Geraldton, Western Australia, Australia
12 11,566.39 miles (18,614.25 km) SW Kalbarri Airport (KAX) Kalbarri, Western Australia, Australia
13 11,563.40 miles (18,609.44 km) WSW Morawa Airport (MWB) Morawa, Western Australia, Australia
14 11,552.52 miles (18,591.93 km) SW Mullewa Airport (MXU) Mullewa, Western Australia, Australia
15 11,493.80 miles (18,497.43 km) SW Shark Bay Airport (MJK) Monkey Mia, Western Australia, Australia
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HomeAboutWhy AFTRSOur staff and councilPeter Herbert
Head of Screen Business
A writer, producer and executive producer for a many national and international companies, among them Crawford Productions, PBL Productions, Taffner Ramsay, Beyond International and Granada, Peter began his career writing and producing for television classics such as Cop Shop, The Sullivans, The Flying Doctors, The Comedy Company and Acropolis Now. He produced the inaugural Comedy Festival Charity Gala in 1992 and created The World Comedy Tour in 2000. He also produced The 34th Annual TV Week Logies, and he has created or co-created a number of series, among them Skirts, The Comedy Sale! The Agency, Parties, FAQ, and The Big Wig for Sky1 in the UK. Working with Caroline Aherne of The Royle Family, he co-created, co-wrote and produced the BBC2 comedy series, Dossa and Joe. Other credits include the Network Ten production, Unreal TV, a sitcom Sit Down, Shut Up, as well as the tonight show, The Big Schmooze and a number of other productions at thecomedychannel for Foxtel, and script editing on the Lindy Chamberlain mini-series, Through My Eyes and the feature Perfect Victim.
Peter has taught at a number of universities in screen business, creative industries and producing. He is currently Head of Screen Business and Producing at the Australian Film Television and Radio School (AFTRS).
Learn about the Master of Arts Screen: Business here.
Back to Teaching & Learning
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Convex geometry of the carrying simplex for the May-Leonard map
On the finite-time Bhat-Bernstein feedbacks for the strings connected by point mass
April 2019, 24(4): 1677-1695. doi: 10.3934/dcdsb.2018287
Hierarchies and Hamiltonian structures of the Nonlinear Schrödinger family using geometric and spectral techniques
Partha Guha 1,2, and Indranil Mukherjee 3,
S.N. Bose National Centre for Basic Sciences, JD Block, Sector Ⅲ, Salt Lake, Kolkata - 700106, India
Instituto de Física de São Carlos; IFSC/USP, Universidade de São Paulo Caixa Postal 369, CEP 13560-970, São Carlos-SP, Brazil
School of Management and Sciences, Maulana Abul Kalam Azad University of Technology, West Bengal, BF 142, Sector I, Salt Lake, Kolkata-700064, India
Received March 2017 Revised February 2018 Published August 2018
This paper explores the class of equations of the Non-linear Schrödinger (NLS) type by employing both geometrical and spectral analysis methods. The work is developed in three stages. First, the geometrical method (AKS theorem) is used to derive different equations of the Non-linear Schrödinger (NLS) and Derivative Non-linear Schrödinger (DNLS) families. Second, the spectral technique (Tu method) is applied to obtain the hierarchies of equations belonging to these types. Third, the trace identity along with other techniques is used to obtain the corresponding Hamiltonian structures. It is found that the spectral method provides a simple algorithmic procedure to obtain the hierarchy as well as the Hamiltonian structure. Finally, the connection between the two formalisms is discussed and it is pointed out how application of these two techniques in unison can facilitate the understanding of integrable systems. In concurrence with Tu's method, Gesztesy and Holden also formulated a method of derivation of the trace formulas for integrable nonlinear evolution equations, this method is based on a contour-integration technique.
Keywords: Adler-Kostant-Symes theorem, Nonlinear Schrödinger equation, loop algebra, bihamiltonian system, Gesztesy-Holden methods, Tu methodology, trace identity.
Mathematics Subject Classification: 35Q55, 37K10, 37K30.
Citation: Partha Guha, Indranil Mukherjee. Hierarchies and Hamiltonian structures of the Nonlinear Schrödinger family using geometric and spectral techniques. Discrete & Continuous Dynamical Systems - B, 2019, 24 (4) : 1677-1695. doi: 10.3934/dcdsb.2018287
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Riadh Chteoui, Abdulrahman F. Aljohani, Anouar Ben Mabrouk. Classification and simulation of chaotic behaviour of the solutions of a mixed nonlinear Schrödinger system. Electronic Research Archive, , () : -. doi: 10.3934/era.2021002
Masaru Hamano, Satoshi Masaki. A sharp scattering threshold level for mass-subcritical nonlinear Schrödinger system. Discrete & Continuous Dynamical Systems - A, 2021, 41 (3) : 1415-1447. doi: 10.3934/dcds.2020323
Serge Dumont, Olivier Goubet, Youcef Mammeri. Decay of solutions to one dimensional nonlinear Schrödinger equations with white noise dispersion. Discrete & Continuous Dynamical Systems - S, 2020 doi: 10.3934/dcdss.2020456
Jason Murphy, Kenji Nakanishi. Failure of scattering to solitary waves for long-range nonlinear Schrödinger equations. Discrete & Continuous Dynamical Systems - A, 2021, 41 (3) : 1507-1517. doi: 10.3934/dcds.2020328
Juntao Sun, Tsung-fang Wu. The number of nodal solutions for the Schrödinger–Poisson system under the effect of the weight function. Discrete & Continuous Dynamical Systems - A, 2021 doi: 10.3934/dcds.2021011
Partha Guha Indranil Mukherjee
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Reproductive Freedom Press Release
COLUMBUS – Today, just hours after Ohio abortion providers — including Preterm, Planned Parenthood Southwest Ohio, Planned Parenthood of Greater Ohio, Women’s Med Group Professional Corporation, and Northeast Ohio Women’s Center — asked a federal court for relief, the court granted their request for a temporary restraining order to allow abortion procedures to continue for the time being during the COVID-19 pandemic.
This means Ohioans can continue accessing essential and time-sensitive abortion care, for now. This decision comes after anti-abortion activists tried to weaponize the state’s COVID-19 pandemic response in an effort to block access to abortion. Ohio abortion providers — represented by Planned Parenthood Federation of America, the American Civil Liberties Union (ACLU), and local attorneys — went to court to protect patients’ access to abortion. Abortion providers in other states including Alabama, Iowa, and Oklahoma also filed similar lawsuits today in order to protect abortion access during the COVID-19 pandemic. Earlier today, a judge in Texas issued a similar restraining order, granting patients in the state emergency relief and protecting their access to abortion for now.
While doctors and nurses in states everywhere work around the clock to care for patients suffering from COVID-19, anti-abortion activists inserted politics into what should be a personal medical decision. As a result, Ohio providers have had to delay appointments in the ensuing confusion.
Judge Michael Barrett wrote: “…enforcement of the Director’s Order as applied to surgical abortion procedures will result in an unconstitutional deprivation of Plaintiffs’ patients’ Fourteenth Amendment right to substantive due process because enforcement creates a substantial obstacle in the path of patients seeking pre-viability abortions, thus creating an undue burden on abortion access.”
Statement of Alexis McGill Johnson, acting president and CEO, Planned Parenthood Federation of America:“Let this swift ruling send a clear message to politicians and anti-abortion activists in other states: Exploiting a global pandemic to ban abortion is illegal. Anti-abortion activists have tried to exploit fear of the COVID-19 pandemic to push a dangerous political agenda. Enough is enough. It’s time to get to work and do what’s necessary to contain the COVID-19 virus and address urgent public health needs that threaten our communities. We must put the health care of our community before politics. Planned Parenthood will continue to fight tirelessly for the rights of our patients to seek out the essential health care they need.”
Statement from Iris Harvey and Kersha Deibel, presidents and CEOs of Planned Parenthood of Greater Ohio and Planned Parenthood Southwest Ohio: “Planned Parenthood knows our patients’ health care cannot wait. That’s why we took action quickly. Abortion is an essential, time-sensitive medical procedure. Today’s ruling is a victory no health care provider should have to fight for in the middle of a pandemic. Anti-abortion activists are creating dangerous distractions when we need public officials to be focusing on the crisis at hand. We are going back to work to care for patients who need us more than ever and we hope Ohio officials do the same. Our community’s future depends on it.”
Statement from Elizabeth Watson, staff attorney, ACLU Reproductive Freedom Project: “This is a crucial victory for Ohioans’ access to essential abortion care, and in the fight to ensure that the response to the COVID-19 crisis is grounded in public health, not politics. We will continue to fight until these attacks on abortion providers areare struck down for good.”
Statement from Jessie Hill, cooperating attorney, ACLU of Ohio: “Judge Barrett made the absolute correct decision to keep Ohio abortion clinics open so that they can provide time-sensitive, essential abortion care to patients. The ACLU of Ohio will always fight to ensure that abortion remains accessible and safe, through this public health crisis and afterwards.”
Statement from Chrisse France, executive director, Preterm:“A global pandemic is no time to be playing politics with health care, and we are relieved that the District Court has acknowledged that abortion is an essential and time-sensitive health care service. Everyone deserves to have access to safe, timely care and a delay of only a few weeks can make abortion completely inaccessible. Preterm remains committed to doing everything we can to keep our patients healthy and safe, ensuring they have access to the health care they need when they need it.”
Experts including the American College of Obstetricians and Gynecologists and the American Board of Obstetrics and Gynecology agree that abortion is an essential, time-sensitive procedure. The groups note that delaying this care could “profoundly impact a person’s life, health, and well-being.” Delays or additional barriers to care can make it more difficult or even impossible for patients to access safe, legal abortion. For many people of color, who have always faced systemic barriers to health care and are more vulnerable to COVID-19, adding unnecessary restrictions on abortion access poses dangerous risks.
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Non-ACM Events
ACM Author Rights and Permissions
Assessment, Collaboration and Diversity Take Center Stage at SIGCSE 2016
The annual SIGCSE Technical Symposium is the flagship conference of the ACM Special Interest Group in Computer Science Education. SIGSCE 2016, to be held from March 2-5 in Memphis, Tennessee, will feature a program designed appeal to the broad range of interests of the 1,200 expected attendees. We asked Symposium Co-Chairs Carl Alphonce (State University of New York at Buffalo) and Jodi Tims (Baldwin Wallace University) a few questions to give readers a primer on this year's event.
The program for SIGSCE 2016 reflects the wide breadth of issues around computer science education. That said, are there any areas of focus to this year's symposium and, if so, why are those areas coming to the fore now?
There is a truly impressive breadth to the offerings, which is a testament to the richness of talent within the SIGCSE community. For example, there are sessions on topics as diverse as Computational Thinking, Big Data, Engagement and Diversity, Software Testing, Security, CS Principles, K12 Teaching and CS Education Research. And that's just scratching the surface.
We would have to say that crosscutting themes in the program include increasing the diversity of the students we already serve, opening doors to new populations of students in the K-12 arena, and handling large and rapid increases in enrollments.
The new AP Computer Science Principles exam and corresponding coursework will be introduced nationwide this year. Will the 2016 SIGSCE program reflect this?
Absolutely! We have presentations and activities related to AP-CS Principles in essentially every category, through the schedule: several workshops, many papers, a poster, a sponsored lunch event, an NSF showcase presentation and a special session.
One of the Student Research Competition Posters that will be presented at SIGCSE 2016 examines learning computer science through online forums and open-sourcing. What are a few of the key issues the SIGCSE community grapples with when evaluating the potential benefits of these kinds of learning vehicles?
One challenge with any new approach is how we evaluate its success, and whether the approach will work in other environments. But sharing new ideas and novel approaches with the community to spark discussions and further exploration of them is of course the point of the symposium!
What is an example of a hot topic in post-secondary computer science education that will be explored at SIGSCE 2016?
Looking at the program it seems like presentations on Assessment, Collaboration, Diversity and Dealing with Increasing Enrollments are all well represented. But many of the hot topics are explored not only in the formal sessions, but in informal discussions between sessions, at lunch or dinner, or over drinks at the end of a long day!
The opening keynote address, to be delivered by John Sweller of the University of New South Wales, is titled "Cognitive Load Theory and Computer Science Education." What is cognitive load theory and how is it shaping computer science education?
Referring to Sweller's 1994 paper "Cognitive Load Theory, Learning Difficulty, and Instructional Design" [Learning and Instruction, Vol. 4, pp. 295-312, Elsevier Science Ltd], "cognitive load theory deals with learning and problem solving difficulty that is artificial in that it can be manipulated by instructional design." As an increasingly diverse group of learners is welcomed into the discipline we must ensure that our course offerings and pedagogical approaches help rather than hinder everyone, regardless of their background preparation and previous experience, to be successful in the field.
Welcome one and all to SIGCSE 2016!
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