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College Basketball Preview – Big South Conference
Philadelphia, PA (Sports Network) –
OUTLOOK: In September of 2000 it was announced that Birmingham-Southern College
was being added to the Big South membership in the fall of 2003 and now just
three years later the school has decided to bail out of Division I and will be
going without a men's basketball team for the 2006-07 campaign. That's the
biggest change for the Big South Conference heading into the new season. With
the Panthers on the way out, the rest of the league can breath a sigh of relief
after the team finished in a tie for second in the conference with a mark of
12-4 a year ago. One team that probably doesn't care either way about
Birmingham-Southern's decision is Winthrop, the top squad in the conference
last season after beating the Panthers twice in as many tries and holding the
up-and-coming program to a mere 43 points in each outing. Heading into this
season, the Eagles were picked as the team to beat in the conference according
to coaches and media for the second straight year. Having the top preseason
player in the league certainly doesn't hurt Winthrop either. But the Eagles
have to keep an eye on the likes of Coastal Carolina as well as High Point
because just a few breaks here or there and any one of the three programs could
be hoisting the crown at the end of the season and heading to the NCAA
Tournament. Schools like Charleston Southern, Liberty and UNC Asheville will
need a lot more help if they expect to play in the postseason and represent the
Big South on a national stage, but it is still not out of the realm of
possibility. That leaves Radford and VMI, the former having lost the top scorer
in the conference from a year ago in Whit Holcomb-Faye who produced 23.1 ppg as
one of only two players to put up more than 20 points per outing. TO make
matters worse, Radford head coach Byron Samuels has announced that this will be
his last season with the team. The league's top rebounder is back for another
go around with Radford, but that alone will not be enough to bring the squad to
glory. As for the Keydets, they return their top-two scorers from a year ago,
but they are still getting themselves familiar with head coach Duggar Baucom
who is in just his second year with VMI and his fourth overall as a head man in
college basketball.
PREDICTED ORDER OF FINISH: 1. Winthrop; 2. Coastal Carolina; 3. High Point; 4.
Liberty; 5. UNC-Asheville; 6. Charleston Southern; 7. VMI; 8. Radford.
WINTHROP: Last season the Eagles put up a 23-8 record and were 13-3 in league
play to take first place, but after all the pomp and circumstance of having
such an outstanding record on both fronts, the program bowed in the first round
of the NCAA Tournament to Tennessee (63-61). But that close call versus the
Vols proved that Winthrop had to goods to make a dent in the postseason and
possibly pick up its first win the NCAA Tournament in the near future. This
time around the program has five of it's top six scorers from a year ago, with
Torrell Martin heading the list after putting up 13.8 ppg. As far as the rest
of the league is concerned, Martin is considered the top player in the Big
South in being named the Preseason Player of the Year. Last year he was named
the MVP of the conference tournament for the second straight time as one of the
deadliest outside shooters (.406 from three-point range) in the conference.
Along side Martin, who has every intention of finishing his career with an NCAA
Tourney victory, is fellow All-Big South performer Craig Bradshaw at the center
spot. Bradshaw is the other double-digit scorer left over from 2005-06 (12.8
ppg) and was also the team's top option on the glass with six rebounds per
game. Head coach Gregg Marshall, now in his ninth season with the Eagles, knows
what he has in Martin and Bradshaw and now just needs junior guard Chris Gaynor
to continue his excellent play-making (139 assists) but also up his scoring
from 6.9 ppg. One aspect of the team's play that Marshall, a three-time Big
South Coach of the Year, doesn't need to be concerned with is their defense,
after leading the league in scoring defense in each of the coach's first eight
COASTAL CAROLINA: This is the one team that has a realistic chance of taking
down Winthrop this year, after being the only team in 2005-06 to defeat the
Eagles twice. The Chanticleers tied for second in the league standings with a
record of 12-4 in 2005-06 and were 20-10 overall thanks to the work of Jack
Leasure who was named and Honorable Mention All-American by the AP a year ago
after finishing second in the nation in three-point baskets per game with 4.17.
Leasure, who was also named the Big South Player of the Year, connected on a
new league-record 125 three-point baskets through 30 games for head coach Buzz
Peterson who was in his first year with the program after coming over from
Tennessee. In addition to his scoring prowess (17.8 ppg) Leasure also led
Coastal Carolina in both assists (122) and steals (49) showing that he is far
from being one-dimensional. Senior forward Moses Sonko was also a starter in
all 30 games a year ago and brings back his 11.7 ppg and combines with Joseph
Harris (5.4 ppg) to form one of the top rebounding duos in the Big South again
this year. Accounting for 22 of the team's 64 blocked shots on the campaign,
Harris needs more help on the inside at the defensive end of the floor if the
Chanticleers are going to put their stamp on this season.
HIGH POINT: The Panthers haven't been at the Division I level for that long,
but this is definitely the best chance the team has of making it to the
postseason since competing against Salem-Teikyo in the Division II National
Tournament in 1997. Under the direction of Bart Lundy, who is entering his
fourth year with the program, High Point has been the top scoring team in the
Big South the last two years, which led to a 16-13 record in 2005-06. By
splitting 16 conference games a year ago the Panthers finished fifth in the
standings, but that should change this time around with junior forward Arizona
Reid ready to light up the scoreboard once again. Coming off a campaign in
which he posted 18.3 ppg and was a member of the Big South All-Conference First
Team, Reid was a terror on the inside as he brought down a team-best 8.9
rebounds per game to place second in the conference. Now a Preseason All-Big
South selection, Reid will need some of his teammates to step up and take the
pressure off of him so he doesn't feel the need to do everything himself.
Unfortunately, Mike Jefferson is the next best scorer coming back, having put
up 8.1 ppg, after that it drops down to Landon Quick (5.2 ppg) who also led the
group in assists with 106. The other area in which the team might be lacking
this year is under the basket at the defensive end now that Defensive Player of
the Year Issa Konare has departed following a year in which he accounted for 70
of the squad's 111 blocked shots.
LIBERTY: In his fourth year with the Flames, head coach Randy Dunton watched
the spark go out of the Liberty program as the team finished a mere 7-23 on
the season. If that were not bad enough, the Flames also won just three of
their 13 conference tests, leaving them second to the bottom in the standings.
As bad as 2005-06 may have been for the school, it was a stepping stone to what
should be a better record this season, especially with the top three scorers
ready to come back and prove that their record was a one-time aberration.
Senior guard Larry Blair was a scoring machine for the Flames last season,
finishing second in the Big South with 22.6 ppg. Shooting 35.6 percent from
three-point range, Blair did not limit his play to the perimeter and managed to
record close to five rebounds per game while also leading the squad in assists
(80) and steals (61). Although he is not eligible to play until the team takes
on St. Francis (Pa) on December 16, Providence transfer Dwight Brewington
should have a huge impact on how Blair approaches the game at the offensive end
of the floor. Brewington, who is partially deaf in both ears, notched 13.1 ppg
as a sophomore for the Friars two years ago against much stiffer competition. A
starter in 20-of-30 games a year ago, Anthony Smith had been the next-best
scoring option for the Flames even though he was shooting a miserable 37.9
percent from the field and just 28.6 percent from three-point range. After a
month it will be time for Smith to move over and give Brewington more attempts
at the basket.
UNC-ASHEVILLE: In his 10th season in charge of the Bulldogs, head coach Eddie
Biedenbach had one of his toughest efforts, trying to get the group to put a
rough 9-19 campaign behind them. With only four wins in 17 tries on the road,
UNC-Asheville had certainly seen better days, but that chances of similar
results this season are looking more and more likely. A look at the roster
shows the top returning scorer as Brett Warner with his 7.3 ppg, but he
appeared in only six games for the squad and missed the final 22 contests due
to suspension. With only a single senior on the roster, the Bulldogs cannot
afford to go through another season without Warner available. As the most
experienced performer from a year ago, Joey Harrell was responsible for 7.0 ppg
and was one of the top rebounders with 5.2 per outing. As a team, UNC-Asheville
was not only last in the conference in three-point shooting (.316) but also
last in turnover margin with close to four more miscues than opponents in
2005-06. While there are some winnable games on the early schedule, the
Bulldogs will see just how much bite they have when they play seven of eight on
the road against the likes of Charlotte, North Carolina, South Carolina and
Louisville leading up to the end of the calendar year.
CHARLESTON SOUTHERN: Up until the end of January of last season, the Buccaneers
managed to win back-to-back games just twice, but in the final five weeks of
the campaign head coach Barclay Radebaugh managed to swing the momentum in the
opposite direction, with the team winning six of the last 10 contests. Now in
his second year with the squad, Radebaugh has to think that better things are
on the horizon, even if the media and other coaches don't believe it. Getting
junior guard Chris Moore to produce at a high level again will be crucial,
especially since he is the only returning player who put up double-digit
scoring in 2005-06 with his 13.0 ppg. Moore, while leading the unit in steals
with 40, even though he started only 17-of-29 games, was the team's best option
from three-point range at 43.5 percent. Radebaugh, who is in just his third
year as a head coach in the college ranks, will have a backcourt-dominated
program this year with Donnell Convington and Dwayne Jackson after the pairing
combined to average close to 20 ppg as juniors last year. Senior forward Vernon
Huger, who led the group with 5.9 rpg but had just 5.3 ppg, has to contribute
more at the offensive end of the floor for a team that didn't have single
player start all 29 games. More continuity and consistent play from regulars
should raise the program from being last in the Big South in field goal
defense, but that all depends on how well the coach gets his squad to buy into
the scheme.
VMI: Head coach Duggar Baucom knew he was stepping into a tough situation at
VMI last year, but for him and the Keydets to finish just 7-20 and 2-14 in the
Big South had to be hard to take. What would make Baucom and company feel
better this year would be for his top four scorers from a year ago to come back
and exceed expectations. Although just a sophomore in 2005-06, forward Reggie
Williams made it on the All-Big South Second Team by leading the team in
scoring (19.0 ppg) and placing second in both rebounding (7.0 rpg) and assists
(69) over the course of 27 games. Matt Murrer, a senior forward from Richmond,
was a big reason why the Keydets were tops in the league in rebounding with
more than 37 rpg, thanks to his 7.9 rpg. Shooting an impressive 65 percent from
the field, en route to 12.7 ppg, Murrer was certainly a presence in the paint
at the offensive end, although he failed to make much of an impact at the other
end. Twins Travis and Chavis Holmes, although just sophomores themselves, must
provide the team with some outside scoring punch that will force opposing
defenses to stretch out beyond the key and, in turn, give VMI some better looks
at the basket in close.
RADFORD: While the Highlanders were blown out in the 2005-06 season opener
against Virginia Tech by 30 points, the squad bounced back to tackle Western
Carolina, Bowling Green and East Tennessee State all in a row and all by at
least double digits. However, the Byron Samuels-led program had some issues
against the rest of the Big South and came away with a 9-7 mark in league
action and was 16-13 overall. Both of those records were a personal best for
Samuels at Radford in his first four years, but the expectations were so much
more than that, perhaps prompting Samuels' departure at the end of this season.
Second in the conference in scoring last year (73.6 ppg), that production will
drop significantly in 2006-07 with Holcomb-Faye now gone and Chris Oliver the
lone double-digit scorer returning. A senior forward, Oliver was named a
Second-Team All-Big South member thanks to his 17.4 ppg and league-leading 10
rpg. Junior center Duane Ricks wasn't much of an offensive threat for the
Highlanders a year ago with just four points per game, but he did provide a
substantial presence in the paint at the defensive end with his team-high 42
blocked shots. However, watching Ricks shoot only 49.4 percent from the field
and a miserable 54.8 percent at the free-throw line, was tough to take and
cannot be tolerated for another year.


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SM-2232BW Pebble 22" Widescreen LCD Monitor - Glossy Black
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Chennai – Tamil Nadu Chief Minister J. Jayalalitha on Wednesday announced Rs.100 cash, one kg each of rice and sugar and a two-foot-long sugarcane stalk would be distributed to 1.91 crore ration card holders in the state to celebrate Pongal – the harvest festival adding the project would cost the state government Rs.318 crore.
In a statement issued here Jayalalitha said the gift will be given to those ration card holders eligible to get rice, Sri Lankan Tamils staying in refugee camps and police personnel with ration cards.
The Pongal gift hampers would be distributed through ration shops ahead of the January 15 festival, she said.


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Cosmetic Dentistry
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Veneers are used to improve the shape, size or colour of your teeth by use of porcelain coverings. A small amount of the surface enamel is removed and an impression is taken of your teeth.
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Helping Prevent Cancer- One Strike at a Time
Michael DeMatteo, Marketing Editor
March 13, 2017
Filed under Student Life
It is no secret. Cancer is serious, entailing a group of diseases that involve abnormal cell growth that take an estimated 8.2 million lives worldwide every year. In the United States, colon cancer is the third leading type of cancer in males and the fourth in females. Hit Cancer Below the Belt (H...


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If you've ever visited this blog you know I have a big crush on all things Mexican Street Corn. Charred sweet corn, fresh cilantro, creamy mayo, smoky chili powder and a hit of lime is a combo I can't get enough of! So when I saw that Concord Foods was having a summer recipe contest using their lime juice, it wasn't long before I knew what to create. Luckily, the judges loved it just as much as my family did and I won first place in the Salads and Sides category! A $200 gift card is on the way and I'm so excited to have won!
Mexican Street Corn Panzanella Salad
3 cups cornbread cut into 1 inch cubes
1 large ear of fresh corn
3 ounces crumbled cotija cheese
¼ cup packed cilantro leaves, chopped
¼ cup sliced green onion
¼ cup mayonnaise
3 Tablespoons Concord Foods Reconstituted Lime Juice
1 teaspoon chili powder
¼ teaspoon salt
Lay the cornbread cubes on a small cookie sheet, and place in a 350 degree oven for 10-12 minutes, or until lightly browned and toasted.
Heat a grill pan or outdoor grill to high heat. Grill the ear of corn until well charred, about 10 minutes. Remove the kernels from the cob and place in a large mixing bowl.
Add the cotija cheese, cilantro, green onion, mayonnaise, lime juice, chili powder and salt to the corn and stir until it's well mixed. Add the toasted cornbread cubes to the bowl and stir gently. Serve immediately.


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Village Vancouver
Newsletter and Upcoming Events
May 2014
Welcome to the May 2014 edition of the Village Vancouver monthly newsletter and Upcoming Events.
Also, Village Vancouver is proud to be a community partner for 100-in-1 Day, a global festival celebrating citizen-driven action that encourages citizens to do little things to realize their dream city. It's coming to Vancouver on June 7! Started by a group of students in Bogota, Columbia in 2012, the idea was to inspire 100 projects or actions that capture the spirit of citizen creativity, ownership, and action to occur on one day. The idea expanded to other Colombian cities and has grown internationally to cities such as Copenhagen, Cape Town and Montreal and now grows in Canada with Toronto, Halifax, and Vancouver this year!
With a goal of 100 events, Simon Bergkjaer, one of the people who started the idea explained why the number of projects and their duration are just the tip of the iceberg, "The tangible impact is very important, but it's also what kind of mindset changes and society changes these kinds of interventions can lead to and can carry with them," Bergkjaer said. "It's a realization that you can take ownership and do something different where you live."
Ranging from street art to community gardens and bike lanes, the sky is the limit with creative ideas such as a silent ipod open-air disco in Montreal or the woman who put a table and some chairs in a busy public place with a sign that said, "Take time". The result of that project and others was that people stopped and chatted and real connections and inspirations happened that day. As identified in a number of recent studies, the number one issue in Vancouver is social isolation, and these citizen-led projects, called 'interventions' help us break out of our mold, out of our routine to do something different, something inspiring, something expressive with others who share the same yearnings.
To make getting involved easy, a number of workshops have been organized over the next few weeks to help people determine what they want to do for the June 7 day and to connect others with their project. The first step to trying this out is to attend a workshop or if you're already organized, to be counted in the 100+ projects the organizers anticipated, add your intervention here!
June 7 will be an exciting day in Vancouver. Who knows what will appear, from the mere ideas and actions of us, the citizens of Vancouver! In the meantime, May is packed with other Village Vancouver events to get you involved!
In This Newsletter
- The HELLO Project Community VV Potluck
- 19th Annual Stone Soup Festival
- West End Village and Food Network Activities
- Kits Village Activities
- 100-in-1 Day in Vancouver on June 7!
- Mark Lakeman brings placemaking spirit to Southwestern BC
- Village Vancouver 100-in-1 Day Intervention: Kits Permaculture Blitz
- 100 in 1 Day Village Vancouver Workshop
- Swap Till You Drop
- VV 5th Annual Demo Sustainable Transition Village at Main St. Car Free Day
- Saturday Permaculture Workparties with Vancouver Ecovillage every Saturday
- Strathcona Community Kitchen Open House
- Vancouver's Tiny House Movement Survey
- Tenth Annual Sunflower Seedling Fundraiser
- Vancouver's Sole Food Street Farms Crowdfunding Launch Party
- Community Garden Coalition Events - Can You Dig It 2014
- Workshop on Community‐Based Responses to a Globalist Agenda
- Vancouver Storytellers Grand Finale of the Season
- South Vancouver Food Security Festival
Your May newsletter team,
Rhiannon, Jordan and Ross
Become a Member Today!
Join the Village Vancouver community by joining our website! We hope you'll also become a member of the Village Vancouver Transition Society. Your annual membership will make our movement even stronger! It's easy to join - just click here!
Join the Village Vancouver community by joining our website! We hope you'll also become a member of the Village Vancouver Transition Society. Your annual membership will make our movement even stronger! It's easy to join - just click here!
Village Vancouver /
The HELLO Project Community Potluck
Sun, May 4, noon - 2pm
Strathcona Community Centre, 601 Keefer St.
Register here or through Strathcona Community Centre (604.713.1838 or in person)
For more information, email firstname.lastname@example.com
Village Vancouver helps neighbours connect in fun and sustainable ways. The HELLO Project aims to make a simple logo so well known it becomes a recognized, legitimized ice-breaker among strangers when displayed in coffee shops and other suitable locations. Just us for a tasty and informative potluck! Everyone welcome!
We'll have a Village Vancouver seed library present and you can get some free seeds for your garden or swap or donate some seeds.
Part of Village Vancouver's Spring 2014 Cultivating Food, Cultivating Community series.
Other Series events:
Tuesday, May 13 Traditional Sauerkraut Making Workshop with Alyssa Kohlman
19th Annual
Sat May 10, 12 - 5 pm
Brittania Community Centre (1661 Napier St.) and Napier Greenway
Join us to celebrate with a food market, artists, community groups, music, garden info, workshops, author talks, free soup and more!
West End Village and Food Network ActivitiesUpcoming Workshops and Potlucks
Wed, May 14, 6:30 - 8:30 pm
100-in-1-Day Workshop (Free)
Hosted by WENFN and Village Vancouver
100 in 1 Day Vancouver takes place on Saturday, June 7. This workshop is an opportunity for you to come in with an idea or simply an open mind and a hunger for change. We'll help you work that into an action plan and meet likeminded people who might want to participate. Gordon Neighbourhood House. More info/Register on Event Brite.
Tues, May 27
WE Village Vancouver May Community Potluck 6:30-7:30 pm
Balcony and Container Gardening Workshop 7:30-9:30 pm
Want to grow food but you live in an apartment? In this course we will cover the techniques and challenges specific to gardening indoors and on balconies in containers. We'll look at soil, fertilizing organically, watering, types of containers, different sun orientations and of course, what to grow. $25. Bidwell Room, WE Community Centre. Register: 604.257.8333 or vancouver.ca/westendrec
A seed library will be present at the potlucks and gardening workshop – you can get some free seeds for your garden or swap or donate some seeds.
June 12 – WENFN Potluck and VV Pest Management & Plant Health Workshop
June 15 – WENFN/VV Booth @ West End Car Free Day
Ongoing: Food Scrap Drop Spots – every Tues (6-7:30 pm) & Sat (10 am-noon, thru May 24) @ Gordon Neighbourhood House and every Sat (10-noon) @WECC
For further information, please contact Ross Moster at firstname.lastname@example.com or email@example.com
WENFN is sponsored by Gordon Neighbourhood House
Kits Village Activities
Lots of fun stuff going on this month in Kits Transition Village!
Kits Village was formed several years ago in the early days of Village Vancouver to help cultivate community resilience and sustainability in our neighbourhood in fun, tangible and connecting ways. With over 175 members, we're extremely active, typically holding over a dozen activities a month – many related to food and/or the sharing economy - and we also host other Village Vancouver activities as well. Almost all of our activities are open to folks from outside of Kitsilano.
Some of our May highlights include:
- Swap Till You Drop! Community Swap Meet and more! Saturday, May 31, noon - 5 pm. Volunteers welcome!
- Drop in Spaghetti Nights resume at the end of the month (through November). New hosts welcome.
- Permaculture Blitzes We'll be holding a series of permaculture work parties at various locations over the next few months and we'd love to have you join us! (No experience necessary – we teach you.) Stay tuned for details.
- Monthly Potlucks Usually on the 2nd Sundays of the month. A good place to find out what's going on in Kits Village and Village Vancouver. Everyone welcome! May potluck: Sunday, May 12 from 6:30-8:30 pm.
- Weekly KV Collaborative Garden Work Parties Usually on Saturdays or Sundays from 3-6 pm. New volunteers always welcome.
- Monthly Dinner Groups Share a meal with neighbours. Currently 2 groups and a 3rd group may be forming. Interested?
- Seed Savers/Seed Library We table the seed library at a bunch of events and meet occasionally. New members welcome.
- Monthly Plastic Recycling Depot For plastics the city doesn't take. Held on the Thursday evening before the 3rd Friday of the month. Various locations, including the Westside Community Food Market in July, August, and September. Next Depot: Thursday, May 15. Help always welcome.
- Salon d'Elan Vital Discussions and Potluck Held several times a year, sometimes outside of Kits. Everyone welcome! Next Salon: Sunday, June 1 from 1-3 pm.
- Can You Dig it Community Garden Coalition Series: Self-managed Gardens Thursday, June 5 from 7-9 pm.
- VV/KV 100-in-1 Day Projects We'll be holding Permaculture Blitzes ("barn raisings") at different locations around Kits. Saturday, June 7 – Join us!
- KV Booth at VV Demo Sustainable Village at Main St. Car Free Day Volunteers needed! Sunday, June 15
- KVers are currently starting several new projects, including expanding a demonstration mini-food forest, restoring a herbal medicinal garden, holding a food forest workshop series, creating permaculture in pots, organizing an introduction to fungi: food health, and bioremediation, building an herb spiral, planning and facilitating Car Free Day 2014 block parties, helping grow the sharing economy and shrinking waste, starting a tea lounge (a "tea-pee"), scheduling multi-cultural dinners in public spaces, establishing a teaching coop (as in backyard chickens), and more.
Please contact Ross at email@example.com for more info or to find out how you can get involved in Kits Village.
100-in-1 Day in Vancouver on June 7!
On June 7, Vancouver will host 100-in-1 Day!
Create an intervention that will make Vancouver a better place!
What if hundreds of people united, each putting in place the changes they wish to see in their city, all on the same day?
This citizen-driven festival will unite people across the city to make Vancouver a better place by creating acts of urban change.
These acts, or interventions, have the potential to raise awareness of urban and social issues, inspire ideas, and motivate leaders to consider new approaches to old problems.
Click here to learn more.
Building up to 100 in 1 Day, people of all ages, backgrounds and locations across the city are invited to attend workshops to develop their interventions—from idea to execution. This workshop process is meant to inspire generative, creative and reflective interventions, and for you to share your ideas for making your city a better place to live. During the workshops, participants will be asked:
- What is your dream?
- What do you wish your community to be like?
- What actions will improve the quality of life in your community, street and block?
Workshop schedule here.
Mark Lakeman spreads the placemaking spirit throughout Southwestern BC with Village Vancouver's City Commons Placemaking Course
April was a terrific month on the placemaking front throughout Southwestern BC, with Village Vancouver and other regional Transition initiatives taking the lead. In mid-March, Village Vancouver's City Commons Placemaking Course brought City Repair founder and placemaking pioneer Mark Lakeman to BC for a whirlwind tour that left hundreds inspired in Vancouver, Maple Ridge, the Sunshine Coast, Victoria and O.U.R. Ecovillage at Shawnigan Lake, west of Victoria.
|Mark Lakeman speaks to approximately 100 "community champions" in the Council Chambers of the District of Maple Ridge on April 16, 2014
|Intersection Repair design charette at the City Commons Placemaking Course in Vancouver, April 18, 2014
|Jacky Essombe shared stories, songs and dances remembered from her childhood growing un in a Cameroonian Village at the City Commons Placemaking Course is Vancouver, April 18, 2014
|Mark Lakeman drew a crowd on the Sunshine Coast after a last-minute event was organised at Yoga by the Sea in Roberts Creek, April 17, 2014
Vancouver Sun: Placemaking comes to Vancouver
The grass-roots movement that creates inviting public spaces is a hit in Portland
There's been some quirky activity in a forested area in Newton lately
- This is an effort being led by some of our friends at Village Surrey!
Urban Systems: Designing and making choices as a community — that's placemaking
Placemaking advocate Mark Lakeman says citizen-driven design of public space a growing trend
Village Vancouver 100-in-1 Day Intervention:
Kits Permaculture BlitzSat, June 7, 9 am - 4 pm
Location TBD
Join us on 100 in 1 Day for a Permaculture Blitz Day - a KitsBlitz "barnraising" work party where we transform a space using Permaculture design principles. Up to 25 people at a time have participated in past Village Vancouver garden blitzes.
We're currently considering a few spaces to which we have access. Join us for all or part of the day. No experience necessary - we'll teach you and share a meal together mid-day. Stay tuned for more details.
RSVP here or to email@example.com. See you all on May 31st!
100 in 1 Day Vancouver Workshop
Hosted by Village Vancouver and West End Neighbourhood Food Network
Wed, May 14, 6:30 – 8:30 pm
Gordon Neighbourhood House, 1019 Broughton St.
Building up to 100 in 1 Day, people of all ages, backgrounds and locations across the city are invited to attend workshops to develop their interventions—from idea to execution. Village and West End Neighbourhood Food Network are hosting a workshop at Gordon Neighbourhood House.
The workshop process is meant to inspire generative, creative and reflective interventions, and for you to share your ideas for making your city a better place to live.
During the workshop, participants will be asked:
- What is your dream?
- What do you wish your community to be like?
- What actions will improve the quality of life in your community, street and block?
The workshop will be a source of inspiration and resources to guide successful interventions across the city.
Register today here!
Special thanks to Gordon Neighbourhood House for providing the space.
Sat, May 31, 12 - 5 pm
Location TBD
Swap Till You Drop is a unique event, happening in Kits! It aims to offer us a taste of a "sharing economy" where we encourage and embrace other currencies outside of our current money system. During this afternoon event we'll offer a space for Kits and other Vancouver residents to exchange and share household items, clothing, tools, knowledge, expertise and even stories in a family friendly atmosphere. All ages are welcome.
So, come one come all. Bring what you no longer need and take with you what you could use and might need. Come join us in experiencing how rich we really are without having to spend or exchange one cent!
Imagining Your Ideal Neighbourhood: Cultivating Community Resilience
Sun, June 15
Callout for organizers, volunteers, tents, participants!
Our 25-35 tent and open space Demo Sustainable Transition Village at 13th and Main will highlight what Village is up to, and (as always) we're inviting several other community groups to join us.
Want to help plan and organize the Demo Village? Team leaders needed for Transportation, Setup, Breakdown, and Info Booths. We will have a planning meeting on May 9, 10 am - noon and on June 2, 10 am - noon. Please contact firstname.lastname@example.com.
Want to volunteer? We need 40-50 volunteers on the day of and a few more before and after. If you'd like to help us with setup (10 am - noon), at a Village info table during the day (between noon and 7 pm), or with breakdown, please contact firstname.lastname@example.com.
If you have have tables, chairs or tents we can borrow (we're currently looking for 15 more tents), please contact firstname.lastname@example.com.
If you're a group or individual who would like to promote/display a community project, group, or activity you're involved in, please contact firstname.lastname@example.com.
General info here.
Saturday Permaculture Workparties
with Vancouver Ecovillage
Every Sat 2 - 6 pm
Near Canada Way/Burris (Phone 778 288 0824 for Directions)
There is more in your garden than plants and soil - the opportunity for renewed mental and physical health grows there, too. Gardening is Therapy which promotes Health and Wellness. Vancouver Ecovillage is starting a small Permaculture Project in Burnaby on a private property. What better Therapy than to Nurture Nature, Grow Flowers and your own ORGANIC FOOD and make New Friends? We welcome your creativity whether it is Vertical Building, Growing Mushrooms on Straw/Coffee Grinds or Crafting Gardening Ideas.
At the start of this reocurring Saturday workparty, we'll be weeding, preparing garden beds, cleaning and organizing the greenhouse. We welcome donations and are badly in need of gravel or pebbles for our garden beds, large pots, driftwood, a large compost bin and any vegetable/ flowering plants or seeds.
Bring a water bottle, hat, gloves, and your smiles!
If you'd like to implement your own project like planting string-beans, please bring whatever is needed such as sticks and perhaps some tools because we may not have everything you need. There is also a swimming-pool needing a few minor repairs and cleaning if you're interested in a glorious afternoon swim!
Strathcona Community Kitchen Open House
Wed, May 7, drop-in between 10:30 am - 1 pm
Strathcona Community Centre, Preschool Room (2nd floor)
Are you interested in cooking with others in your community, sharing and learning new skills and getting to know your neighbours better? Please join us at the Strathcona Community Centre's Community Kitchen Open House where you can:
- Discover a variety of community kitchens and other food-related activities in the neighbourhood.
- Give your input into future community kitchens at the community centre and enter a draw to win 4 weekly deliveries of bread, milk, eggs and butter.
- Taste foods prepared by current community kitchen participants.
Join Vancouver's Tiny House Movement
This summer Zee Kesler is organizing a tiny house building workshop in association with Camera Buildings and we need your input!
The workshop will start in June and run 2 days a week for approx 3 hours a day until the end of August. In order for our instructors to offer the best course possible, we have created a survey to learn more about your thoughts, wants, needs, and interests related to learning about and building tiny houses.
Please fill out the Survey if you are personally interested in participating, or pass on to anyone you think would be!
Access the survey here.
More information here.
Tenth Annual Sunflower Seedling Fundraiser
Sat May 10, 10 am - 3 pm
2133 East 7th Ave
It's time to mark your calendars for our TENTH ANNUAL grassroots HIV fundraiser for the Stephen Lewis Foundation! Who can believe it's been ten years since we started this little fundraiser in East Van, growing and selling sunflower seedlings to support HIV programs in sub Saharan Africa! We've raised over $52,000 and are in full gear to have another GREAT fundraiser this year.
So please do join us and forward this announcement widely. Thanks! Over 25 varieties of sunflower seedlings are for sale by donation and 100% of proceeds to support HIV programs in sub Saharan Africa, plus lots of live entertainment, line up TBA.
For more info, see www.turntothesun.org, facebook.com/Turn2theSun, or call (604) 251-4065.
Vancouver's Sole Food Street Farms is
Launching a major crowdfunding campaign
Launch Party
Wed, May 14, 6 - 10 pm, $15
Make Studio, 257 E. 7th Ave
We're trying to raise $100,000 in 18 days. That sounds like a daunting task, so we thought we would loosen up by throwing a party.
Come help us celebrate the Help Sole Food Grow campaign launch and the overwhelming support we've received from the Vancouver local food, business, and social enterprise community.
Register at: helpsolefoodgrow.eventbrite.ca
All proceeds go to Help Sole Food Grow campaign.
Feel free to pass this invite along to anyone who you think should attend!
Community Garden Coalition Events
Can You Dig It 2014
Connect, Learn and Share!
Can You Dig It supports communities to create welcoming and inclusive foodgrowing gardens where everyone belongs. Currently in our 5th growing season, CYDI has been engaged in the creation of 36 gardens throughout the Lower Mainland. Can You Dig It invites you, community garden members and lovers, to participate in a series of events to connect, learn and share best practices.
Thurs, May 15, 7 - 9pm
Safe Gardens with Ladybug Community Gardens
The Hub, 251 East 11th Ave, Vancouver
Thurs, May 22, 7 - 9pm
Animated Gardens with Stride Community Gardens
Stride Community School, 7014 Stride Ave, Burnaby
Thurs, June 5, 7 - 9pm
Self-managed Gardens with Village Vancouver
McBride Fieldhouse, 3350 West 4th Ave, Vancouver
Thurs, June 12th, 7 - 9pm
Growing Gardens with Food For Thought
Alexandra Neighbourhood House, 2916 McBride Ave, Surrey
For more information or to register, please contact Cinthia at email@example.com or at (604) 728-1725 or visit www.cydi.ca
Together, we can all plant a seed!
Workshop on Community‐Based Responses
to a Globalist Agenda
Sat May 17, 1 ‐ 5 pm
Scottish Cultural Centre, 8886 Hudson St @ W 73rd Ave
Donation $5 to $20, whatever you can afford.
The purpose of the event is to educate and activate!
To educate you about:
1. a globalist agenda that threatens our rights and freedom, and
2. the community-based initiatives that are providing healthy responses
To activate you to support these community-based initiatives.
Program: Intro followed by three 75 minute presentations
- Part 1: Identifying the Globalist Agenda
- Part 2: Presenting Some Community-Based Responses
- Part 3: Supporting These Community-Based Initiatives
- Myra Graham: Community Exchange System (CES)
- John Theobold: German New Medicine (GNM)
- Karen Neufeld: Conscious Parenting
Please arrive early as there is only seating for the first 300 people.
More information here.
Listen! Laugh! Enjoy! Stories for YOU!
Theme: Knock on Wood: Grand Finale of the Season
Sun, May 18th, 7 pm, $6 includes tea (please bring treats to share)
1805 Larch at 2nd Ave
Vancouver Storytellers Mike Ewan and Mary Gavan; Teller and harpist Chen Ha, Master Storyteller Dunc Shields, and Guest Speaker Karen Magill, Vancouver Vagabond blogger and author including The Bond, a paranormal love story.
For more information, contact Mary Gavan at firstname.lastname@example.com or 604-683-1575 or visit www.vancouverstorytellers.ca
May 21 & 22 Food Security Workshops
May 23 Food Fair and Market, 3:30 - 6 pm
South Vancouver Neighbourhood House, 6470 Victoria Dr.
For more info, call (604) 324-6212 or here. Register at the South Vancouver Neighbourhood House front desk.
Additional Village Events:
West End Food Scrap Drop Spots, Tuesday evenings from 6 - 7:30pm at Gordon Neighbourhood House and Saturday mornings from 10 am - noon at West End Community Centre and Gordon Neighbourhood House.
VV Permaculture Blitz in Strathcona, May 3, 11 am - 2 pm, VV Permaculture plot at Cottonwood Community Garden, located at the south side of Strathcona Park. Strathcona Park is in East Vancouver on Prior Street, between Clark Drive & Main Street.
Kits Village Collaborative Garden Weekly Work Parties, May 3, 11, 18, 25, 3 - 6 pm
Kits Village New Dinner Group, May 4, 6 - 8 pm
Kits Village May Potluck: Yummy Food and New Projects, May 11, 6 - 8 pm
Caring for All Creation: The Art of the Commonplace - A Celebration, May 13, 6 - 9 pm
VV Admin Working Group Work Party, May 14, 1 - 4 pm
May Plastic Recycling in Kits, May 15, 6 - 7 pm
Deadline for June Newsletter, May 24, email firstname.lastname@example.com
VV booth at 12th Annual South Hill Festival -- coordinator(s) and volunteers needed!, May 24, noon - 4 pm
Kits Village Dinner Group, May 25, 6:30 - 8:30 pm
Kits Village Seed Savers/Seed Library May Meeting, May 27, 10 - 11:30 am
VV Admin Working Group Work Party, May 28, 1 - 4 pm
From Here to There - Brown Bag Resiliency Lunches, May 29, 1 - 3 pm
Drop in Spaghetti Nights are back! Dates and details to be confirmed.
Salon d'Elan Vital Monthly Potluck and Discussion, June 1, 1 - 3 pm
Village Vancouver Upcoming Events
Click here for the full calendar of upcoming events!


text:
162 F.3d 832
UNITED STATES of America, Plaintiff-Appellee,
Raymond CASTANEDA, Defendant-Appellant.
No. 97-40307.
United States Court of Appeals,
Fifth Circuit.
Dec. 9, 1998.
Michael R. Dreeben, Jonathan Goldman Cedarbaum, Jessie Acker Allen, U.S. Dept. of Justice, Washington, DC, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.
Lawrence Irwin Zinn, San Antonio, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas.
Before WISDOM, WIENER and DENNIS, Circuit Judges.
WIENER, Circuit Judge:
In this direct criminal appeal, defendant-appellant Raymond Castaneda challenges his conviction of RICO conspiracy under 18 U.S.C. § 1962(d), alleging errors at both the indictment and trial stages of his case. Concluding that the district court erred in failing to dismiss Castaneda's indictment on the basis of the government's unwarranted revocation of its transactional immunity agreement, we reverse Castaneda's conviction, vacate his sentence, and remand for entry of a judgment of acquittal.
Castaneda owned an auto repair shop and towing service in Brownsville, Texas. From 1990 to 1994, William Weaver worked as an investigator in the Cameron County Attorney's Office in Brownsville. During these years, Castaneda and Weaver conspired to solicit bribes from individuals accused of driving while intoxicated (DWI) in exchange for getting the charges dismissed or sentences reduced. Castaneda's role in this conspiracy was that of middleman, referring "clients" to Weaver, arranging meetings, receiving payments, and suggesting strategies for accomplishing fixes. Weaver's role on the other hand was that of principal, making the necessary arrangements within the County Attorney's Office to have the charges reduced or disappear.
Suspecting corruption, the FBI began an investigation of the County Attorney's Office. As part of this activity, Special Agent Jose Louis Cisneros sought Castaneda's cooperation. This, in turn, led AUSA Mervyn Milton Mosbacker and Castaneda to enter into an informal, written proffer agreement on January 24, 1995, pursuant to which Castaneda was granted use immunity.1 Sometime later, AUSA Mosbacker and Castaneda entered into another agreement2--this one oral--in which Castaneda was granted transactional immunity in exchange for his obligation to "tell everything he knew" about Weaver's criminal activity.3
On January 24, 1995 and again on November 17, 1995, Castaneda was questioned by Agent Cisneros and AUSA Mosbacker. In those interviews, Castaneda acknowledged that he had participated as Weaver's intermediary in several acts of bribery and extortion connected to the "fixing" of criminal prosecutions brought by the County Attorney's Office. Castaneda identified a number of individuals who had knowledge of, or had been involved in, the scheme. These included (1) Jose Luis Reyes,4 (2) Julio Gonzalez,5 (3) Jeff Lewis,6 (4) Chuy Hinojosa,7 (5) Guadalupe Barajas,8 (6) Federico Morales,9 (7) Alejandro Cano,10 and (8) Mario Meliton Garcia.11
On October 22, 1996--almost one year after the November, 1995 interview with Castaneda, and at the end of the grand jury's deliberations--the government wrote to Castaneda advising that, because he had "failed to provide ... relevant and material information concerning criminal activities of which he was well aware," he had violated the transactional immunity agreement, so the government was revoking its promise not to prosecute. The very next day, a grand jury returned a seven-count indictment12 against Castaneda and Weaver.13
Castaneda filed two motions to dismiss the indictment, in one of which he argued that the government had breached its agreement not to prosecute.14 After an evidentiary hearing, the district court denied Castaneda's motion without reasons.
Thereafter, Castaneda was convicted by a jury of RICO conspiracy.15 The district court entered judgment in accordance with the jury's verdict, and sentenced Castaneda to 33 months in prison, to be followed by a three year period of supervised release, and a fine of $7,500.00. Castaneda appeals his conviction.16
Castaneda argues that the district court should have granted his motion to dismiss the indictment because the government breached its oral agreement not to prosecute. Implicit in this claim is the charge that the government failed to show by a preponderance of the evidence that Castaneda materially breached the immunity agreement, without which the government could not repudiate the contract and prosecute him. We agree.
Nonprosecution agreements, like plea bargains, are contractual in nature, and are therefore interpreted in accordance with general principles of contract law.17 Under these principles, if a defendant lives up to his end of the bargain, the government is bound to perform its promises.18 If a defendant "materially breaches" his commitments under the agreement, however, the government can be released from its reciprocal obligations.19 When the government believes that a defendant has breached the terms of a nonprosecution agreement and wishes to be relieved of performing its part of the bargain--here, refraining from prosecuting the defendant--due process prevents the government from making this determination and nullifying the agreement unilaterally.20 Instead, the government must prove to the court by a preponderance21 of the evidence that (1) the defendant breached the agreement, and (2) the breach is sufficiently material to warrant rescission.22 If the pleadings show no factual dispute, however, the court may determine breach as a matter of law.23 Because the district court issued no factual findings in this case, we review Castaneda's claim of breach of a nonprosecution agreement de novo.24
In the instant case, the government promised not to prosecute Castaneda for his role in the bribery scheme in exchange for his full and truthful disclosure of information implicating Weaver. After dealing with Castaneda for more than a year, the government rescinded this agreement at the eleventh hour, and Castaneda was indicted by the grand jury one day later. At a pretrial hearing on Castaneda's motion to dismiss his indictment,25 the government presented evidence purporting to show that Castaneda had breached his end of the bargain by failing to reveal "relevant and material information ... of which he was well aware."26 Because of these alleged omissions, contended the government, it was entitled to rescind the agreement and be relieved of its obligation not to prosecute. Castaneda countered that he gave the government considerable, accurate, and incriminating information about Weaver, and that any omissions Castaneda made were essentially inadvertent or duplicative and thus did not amount to a material breach of the agreement.27 In so many words, he argued substantial performance.
There is no clear Fifth Circuit law on the issue of what constitutes a "material breach" of a nonprosecution agreement.28 In the context of general contract law, however, we have recognized that a breach is not material unless the non-breaching party is deprived of the benefit of the bargain.29 The less the non-breaching party is deprived of the expected benefits, the less material the breach.30
Courts within this Circuit have clarified the concept of material breach by comparing it with the converse concept of substantial performance.31 Using this approach, if a party's "nonperformance ... is innocent, does not thwart the purpose of the bargain, and is wholly dwarfed by that party's performance," the breaching party has substantially performed under the contract, and the non-breaching party is not entitled to rescission.32 We think that this approach is equally applicable in determining the materiality of a breach in the context of nonprosecution agreements.33 Given the government's burden of proof, our de novo application of this test demonstrates that the relatively insignificant omissions by Castaneda did nothing to frustrate the government's prosecution of Weaver. Moreover, these omissions pale by comparison to the plethora of information delivered by Castaneda.
The government argues that Castaneda committed a material breach of the agreement by failing to reveal Weaver's involvement in the dismissal of DWIs for Meliton Garcia, Maurice Middleton and Rafael Gonzalez, as well as the dismissal of a gun charge for Jose Galvan.34 Although it is clear that Castaneda omitted some information during his interviews with the government, it is anything but clear that, when viewed in the context of what the government already knew or learned derivatively from other sources, these omissions rise to the level of a material breach, even collectively.
Castaneda provided the government with substantial, detailed accounts of bribery involving Weaver and seven other individuals--Julio Gonzalez, Jeff Lewis, Chuy Hinojosa, Guadalupe Barajas, Federico Morales, Alejandro Cano, and Meliton Garcia. Weaver's illegal activities with three of these individuals eventually formed the basis for predicate racketeering acts and Hobbs Act counts in the indictment.35
Even the government's examples of omissions cut both ways. With regard to Meliton Garcia, Castaneda did provide the government with information about the dismissal of an assault charge; he merely failed to mention the dismissal of a DWI charge as well. Thus, Castaneda led the government to the right source, even if his tip was not complete.
Likewise, although Castaneda did not disclose information about Weaver's dismissal of Maurice Middleton's DWI,36 Castaneda did provide accurate information about his own involvement as a go-between for Weaver and Julio Gonzalez--and, thereafter, Gonzalez confessed to the government that he had contacted Castaneda for help getting DWIs dismissed both for himself and Middleton, as well as for Jeff Lewis. Thus, Castaneda did indirectly that about which the government faults him for not doing directly.
Finally, with regard to Rafael Gonzalez37, Agent Cisneros and AUSA Mosbacker were inconsistent about the extent of information Castaneda provided. In the pretrial motion hearing, Agent Cisneros repeatedly testified that Castaneda had discussed Rafael's DWI, only to recant this assertion on further questioning. AUSA Mosbacker admitted that he thought Castaneda had discussed illegalities in which Weaver and Rafael were involved, but maintained that Castaneda did not mention the DWI. Even if Castaneda failed to reveal any direct information about Rafael, though, it is undisputed that he did provide substantial information about Jose Reyes--a source intimately connected with Rafael Gonzalez. Thus, it appears that the only Weaver-related individual about whom Castaneda failed entirely to provide information was Jose Galvan--for dismissal of a gun charge that did not serve as the basis for any count in the indictment.38
Having reviewed the briefs of the parties, heard oral argument, and thoroughly reviewed the record, we are now satisfied that, despite Castaneda's relatively insignificant omissions, the government got the benefit of its bargain and has failed to carry its burden of proving a material breach by Castaneda. The government granted Castaneda transactional immunity with the intention of receiving in return leads and information pertinent to its investigation of Weaver and corruption in the Cameron County Attorney's Office. Castaneda provided both direct and indirect leads, and volumes of such information as well. In fact, Castaneda gave the government significant quantities of detailed information about Weaver's involvement in at least seven illegal transactions conducted through the County Attorney's Office.39 Although it appears that Castaneda's performance was not perfect--that he did not literally "tell everything he knew," as he was technically required to do under the agreement--the government has failed to show that these omissions were intentional or, more importantly, that the government was prejudiced. Much of the relatively little that Castaneda omitted was already known to the government before interrogating Castaneda, or was discovered from other sources. When viewed in light of the overwhelming quantity of information he furnished about numerous individuals and incidents involving Weaver, much that Castaneda omitted must be classified either as cumulative or surplusage. In the absence of proof of substantial or intentional omissions by Castaneda constituting prejudice to the government, the district court erred in permitting the government to revoke the nonprosecution agreement with Castaneda and prosecute him in this case.
It ill behooves government agents and prosecutors to enter into agreements of transactional immunity with mid-level co-conspirators, milk them of substantial leads and information that literally make the government's case against the "big fish" while coincidentally giving the government a lay-down winning hand against the cooperating co-conspirator; then, at the last moment, rely on some technical or relatively minor deficiency in performance to pull the rug from under the cooperating informant by claiming a breach and proceed to prosecute him in a slam-dunk case based largely on his own revelations. Yet, this is precisely what we perceive to have happened here, and due process cannot abide such behavior. For the reasons explained above, we conclude that the district court erred in failing to grant Castaneda's motion to dismiss the indictment, which was obtained in violation of a transactional immunity agreement, that the government failed to prove was materially breached. Castaneda's conviction of RICO conspiracy is reversed, the sentence imposed in accordance with that conviction is vacated, and the case is remanded to the district court for entry of a judgment of acquittal.
REVERSED; sentence VACATED; and REMANDED with instructions.
According to the terms of this agreement, Castaneda was granted "use" but not "derivative use" immunity. In other words, the government promised not to use any of the information or statements provided by Castaneda directly against him in any criminal proceeding, but reserved its right to pursue investigative leads derived from Castaneda's statements and use this "derivative" evidence against him
Although there is some question as to whether AUSA Mosbacker had the authority to grant Castaneda transactional immunity, for the purposes of this appeal, the government does not dispute the existence of a valid agreement
Pursuant to this agreement, Castaneda also agreed to provide information about the illegal activities of Alex Perez, the Sheriff of Cameron County
Castaneda told the government that, in addition to Reyes's involvement in drug trafficking, he often paid large sums of cash to Sheriff Perez (presumably as political contributions). On many of these occasions, admitted Castaneda, he served as the conduit between Reyes and Perez
Castaneda told the government that he was approached by Julio Gonzalez in 1992 for assistance in getting his DWI case reduced. Gonzalez gave Castaneda $1,000 to pass on to Weaver as payment for the fix. Castaneda acknowledged keeping approximately $100 for himself
Castaneda advised the government that Gonzalez approached him on another occasion for assistance in getting dismissed a DWI for Jeff Lewis. Castaneda was unsure if Weaver had ultimately been successful in fixing the case
Castaneda told the government that an individual known as "Chuy" Hinojosa had approached Weaver and given him an unknown amount of money. When Weaver was unable to fix the case, Hinojosa's money was returned
Castaneda told the government that Barajas--who was on probation and afraid she would fail a urine test--paid Weaver $6,000 to have the test fixed
Castaneda told the investigators that Morales was arrested for DWI and possession of a firearm and that he paid Weaver $1,000 to get the case dismissed. Castaneda admitted that, although he did not receive any money directly from this transaction, Weaver paid him $1,000 on a separate occasion to "keep [him] happy."
Castaneda told the government that Cano paid Weaver $15,000 to fix a cocaine possession charge. When Weaver was unable to get the case dismissed or reduced, the money was returned to Cano's family
Castaneda informed the agents that Meliton Garcia paid Weaver $500 to get an assault charge dismissed or reduced. Out of that money, Castaneda admitted to having kept $50
Count One alleged a pattern of racketeering activity through predicate acts of bribery and extortion--the taking of payments for fixing DWI and marijuana possession prosecutions--in violation of 18 U.S.C. § 1962(c) (RICO). Count Two alleged a conspiracy to engage in the same pattern of racketeering activity, in violation of 18 U.S.C. § 1962(d). Counts Three through Six alleged specific acts of extortion involving both defendants, in violation of 18 U.S.C. §§ 1951 and 1952 (Hobbs Act). Count Seven concerned an act of extortion involving only Weaver
Weaver pled guilty to the RICO substantive count, and his sentence was reduced to approximately 17 months. The reduction of Weaver's sentence was contingent on his willingness to testify truthfully against Castaneda at trial
In his other motion, Castaneda sought to have the indictment dismissed on the ground that the government had breached its proffer agreement by using his immunized testimony in the grand jury proceeding. The district court denied this motion but we do not reach it
The jury acquitted Castaneda of the RICO substantive count and the four Hobbs Act counts. The count on which Castaneda was convicted identified as predicate acts five DWI cases that he and Weaver conspired to fix. Named as the bribe-payors/extortion victims in these cases are Julio Gonzalez (a participant in two transactions--his own and that involving Maurice Middleton), Meliton Garcia, Rafael Gonzalez and Sammy Snodgrass (a participant in the transaction involving Jeff Lewis). Predicate Act Six--referring to the dismissal of a marijuana charge for Silverio Garza--pertained only to Weaver
On appeal, Castaneda asserts four distinct errors that allegedly warrant the reversal of his conviction. Because we conclude that the government breached its transactional immunity agreement and that the district court erred in failing to dismiss Castaneda's indictment on this ground, we do not reach Castaneda's other three assignments of error
United States v. Moulder, 141 F.3d 568, 571 (5th Cir.1998); United States v. Ballis, 28 F.3d 1399, 1409 (5th Cir.1994); United States v. Fitch, 964 F.2d 571, 574 (6th Cir.1992); United States v. Brown, 801 F.2d 352, 354 (8th Cir.1986)
United States v. Tilley, 964 F.2d 66, 70 (1st Cir.1992)
Ballis, 28 F.3d at 1409; Tilley, 964 F.2d at 70; United States v. Crawford, 20 F.3d 933, 935 (8th Cir.1994)
According to Castaneda, the government's sole remedy for his alleged breach would be prosecution for perjury, not rescission of the agreement. Castaneda claims that the government is limited to the remedies stated in the agreement. Because the oral agreement did not specifically contemplate prosecution for immunized crimes in the event he failed to provide full and truthful information, argues Castaneda, the government may not revoke its grant of transactional immunity. In support of this proposition, Castaneda cites United States v. Fitch, 964 F.2d 571, 575 (6th Cir.1992).
United States v. Verrusio, 803 F.2d 885, 888 (7th Cir.1986); United States v. Tarrant, 730 F.Supp. 30, 32 (N.D.Tex.1990)
United States v. Price, 95 F.3d 364, 367 (5th Cir.1996) (stating that, in determining whether government's actions have breached terms of plea agreement, defendant bears burden of demonstrating underlying facts that establish breach by preponderance of evidence); United States v. Wittie, 25 F.3d 250, 262 (5th Cir.1994), aff'd, 515 U.S. 389, 115 S.Ct. 2199, 132 L.Ed.2d 351 (1995) (same); Tilley, 964 F.2d at 71 (holding that before government may revoke agreement, it must show by a preponderance of evidence that the defendant has committed a substantial breach); United States v. Packwood, 848 F.2d 1009, 1011 (9th Cir.1988) (same)
We recognize, however, that not all courts have adopted this standard. See, e.g., United States v. Gonzalez-Sanchez, 825 F.2d 572, 578 (1st Cir.1987) (holding that government bears the burden of demonstrating by adequate evidence that there has been a substantial breach by defendant); State v. Rivest 106 Wis.2d 406, 316 N.W.2d 395, 398-99 (Wis.1982) (adopting a beyond a reasonable doubt standard); United States v. Skalsky, 616 F.Supp. 676, 681 (D.N.J.1985) (requiring proof of material breach by clear and convincing evidence).
See Packwood, 848 F.2d at 1011; Tarrant, 730 F.Supp. at 32
Packwood, 848 F.2d at 1011; United States v. Calabrese, 645 F.2d 1379, 1390 (10th Cir.1981)
Moulder, 141 F.3d at 571; Price, 95 F.3d at 367; United States v. Laday, 56 F.3d 24, 26 (5th Cir.1995); Wittie, 25 F.3d at 262; United States v. Valencia, 985 F.2d 758, 760 (5th Cir.1993)
The government argues that the appropriate standard of review is clear error. See United States v. Gibson, 48 F.3d 876, 878 (5th Cir.1995); Ballis, 28 F.3d at 1409. We agree that this is the appropriate standard for reviewing a district court's findings as to the underlying facts that constitute breach. In the absence of such factual findings, however, we must conduct a de novo review of every aspect of Castaneda's purported breach.
The government did not seek a judicial determination of breach until after Castaneda had been indicted, and Castaneda does not contend that a hearing had to have been held prior to this time. For the purposes of this opinion, therefore, we do not pass on the issue of when, during the progress of a criminal investigation, a judicial determination of breach is required to comport with due process. See Verrusio, 803 F.2d at 888-89 (discussing whether defendant's indictment constituted a deprivation of his interest in the enforcement of a plea agreement, and whether he was entitled to a preindictment hearing to determine whether he had breached his obligations under that agreement)
All of the evidence presented at the pretrial hearing pertained to Castaneda's omission of information about illegal activities involving Weaver. It appears that the government introduced evidence in camera regarding Castaneda's alleged omissions about activities involving Sheriff Alex Perez. It is not clear whether the court took this evidence into account when determining Castaneda's breach, and this evidence is not in the record on appeal. Although the government maintains its position that Castaneda breached the nonprosecution agreement with regards to both Weaver and Perez, the government has failed to cite any specific omissions involving Perez and has failed to see to it that its in camera inculpatory evidence is included in the record on appeal
Castaneda's lawyer--Ernesto Gamez, Jr.--wrote a letter to AUSA Mosbacker, dated December 12, 1996, in which he argued that Castaneda's inadvertent omission of some names does not amount to a lie. Forgetfulness, argued Gamez, is not the same as noncompliance. Furthermore, Gamez contended, the government "either already possessed [the omitted names] or acquired this additional information from [Castaneda's] statements." In the letter, Gamez noted that he had spoken with Agent Cisneros on several occasions, and that he had been led to believe that the government was fully satisfied with the information provided by Castaneda. Gamez also claimed that Agent Cisneros had agreed to contact him in the event the government needed additional information
For some of the circumstances in which courts have allowed the government to rescind plea agreements, see Ballis, 28 F.3d at 1409 (withholding of information, untruthful testimony, and inducement of plea agreement by fraud); Hentz v. Hargett, 71 F.3d 1169, 1172-75 (5th Cir.1996) (informing prosecutor of intent to change testimony is circumstance amounting to anticipatory repudiation which justifies revocation of agreement); Tarrant, 730 F.Supp. at 32-33 (refusing to cooperate by failing to meet with government representatives, failing to testify before grand jury and fleeing jurisdiction to avoid cooperation); United States v. Donahey, 529 F.2d 831, 832 (5th Cir.1976) (providing evasive, misleading answers, answers which could not be verified, and refusing to answer questions)
Hanson Prod. Co. v. Americas Ins. Co., 108 F.3d 627, 630 (5th Cir.1997) (relying on Hernandez v. Gulf Group Lloyds, 875 S.W.2d 691, 692-92 (Tex.1994) in holding that, where an insurer is not prejudiced by a breach, the breach is not material, the insurer has not been deprived of the benefit of the bargain, and it should not be relieved of its obligation to provide coverage)
The "benefit of the bargain" standard has been adopted, at least in part, by the Eighth Circuit in determining breach of an immunity agreement. In United States v. Crawford, 20 F.3d 933 (8th Cir.1994), the court relied on the following three factors--borrowed from the Restatement of Contracts--to guide their determination: (1) the extent to which the injured party will be deprived of the benefit which he reasonably expected; (2) the likelihood that the party failing to perform will cure his failure; and (3) the extent to which the behavior of the party failing to perform comports with standards of good faith and fair dealing. Id. at 935. The other considerations listed in the Restatement as significant in determining the materiality of a breach include (1) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; and (2) the extent to which the party failing to perform or to offer to perform will suffer forfeiture. Restatement (Second) of Contracts § 241 (1981).
In United States v. Fitch, the Sixth Circuit adopted a somewhat more rigorous standard, holding that the government must prove a "bad faith, intentional, substantial omission" on the part of the defendant before it can be released from its obligations. 964 F.2d at 574 (adopting the standard set forth in United States v. Castelbuono, 643 F.Supp. 965, 971 (E.D.N.Y.1986)).
Hernandez v. Gulf Group Lloyds, 875 S.W.2d 691, 693 (Tex.1994)
See White Hawk Ranch, Inc. v. Hopkins, No. CIV.A.91-CV29-DD, 1998 WL 94830, at * 3 (N.D.Miss. Feb.12, 1998). See also 2 E. Allan Farnsworth, Farnsworth on Contracts § 8.16 at 442 (2d ed. 1990) (recognizing that substantial performance is performance without a material breach, and a material breach results in performance that is not substantial)
White Hawk Ranch, No. CIV.A.91-CV29-DD, 1998 WL 94830, at * 3
The government cites United States v. Gerant, 995 F.2d 505, 509 (4th Cir.1993) in support of its argument that Castaneda's breach of the agreement should not be overlooked simply because he furnished the government with some useful information. In Gerant, however, the court concluded that the defendant's breach of the nonprosecution agreement had "seriously impaired ongoing drug investigations and prosecutions," thereby entitling the government to rescission of the agreement. Id. In other words, the government had been prejudiced by the defendant's breach. Moreover, the court was careful to point out that there may be cases "where the extent of information and cooperation provided by a defendant who has trivially breached a nonprosecution agreement is so great that the court is persuaded that the defendant substantially complied with the agreement." Id. at 509 n. 4. Thus, while the Fourth Circuit rejected the defendant's substantial compliance argument under the particular facts of the case, Gerant does not stand for a per se rejection of this argument
Agent Cisneros testified at the pretrial hearing that the government knew about the cases of Meliton Garcia, Maurice Middleton and Rafael Gonzalez before interviewing either Castaneda or Weaver. The government conducted interviews with Weaver on February 27, 1995, March 22, 1995, May 31, 1995 and January 29, 1996
The indictment listed, as RICO predicate acts, instances of bribery and extortion involving Julio Gonzalez (Act One--for dismissal of his own DWI charge), Meliton Garcia (Act Two--albeit for the dismissal of his DWI charge rather than his assault charge), and Jeff Lewis (Act Five--through Sammy Snodgrass for dismissal of Lewis's DWI). Illegal activities with these same individuals formed the basis of Counts Three, Four, and Six--Hobbs Act violations
Maurice Middleton was named in predicate Act Three of the indictment
Rafael Gonzalez was named in predicate Act Four and Count Five
In addition, it appears that Castaneda did not provide any information about an alleged DWI dismissal for an individual named Perez (first name unknown). When asked during the pretrial hearing to list the omissions constituting Castaneda's breach, however, AUSA Mosbacker did not mention this transaction. Neither is the Perez omission mentioned in the government's brief to this Court
We note that, in addition to dismissals of charges against Julio Gonzalez, Meliton Garcia, Maurice Middleton, Rafael Gonzalez, and Jeff Lewis, the indictment identified as a predicate act for the substantive RICO count the dismissal of a marijuana charge for Silverio Garza (Act Six). This same transaction formed the basis of Count Seven. Castaneda was not named in Act Six or Count Seven, however, and the government does not assert that he had any knowledge of this transaction.
Including dismissals for Julio Gonzalez, Jeff Lewis, Chuy Hinojosa, Guadalupe Barajas, Federico Morales, Alejandro Cano, and Meliton Garcia. The information that Castaneda provided regarding Jose Reyes was directly pertinent to the illegal activities of Sheriff Perez but not Weaver