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Assistant Professor of Law
New York University School of Law
July 13, 2004
Blakely v. Washington and the Future of the Federal Sentencing Guidelines
July 13, 2004
Mr. Chairman and Members of the Committee: Thank you for inviting me to testify before you today on the Supreme Court's recent decision in Blakely v. Washington and its implications for the Federal Sentencing Guidelines. It is an honor to appear before you to discuss this important issue.
In Blakely v. Washington, the Supreme Court reminded all of us that the criminal jury is "no mere procedural formality, but a fundamental reservation of power in our constitutional structure." "Just as suffrage ensures the people's ultimate control in the legislative and executive branches, jury trial is meant to ensure their control in the judiciary." America's citizens have never lost sight of the jury's value. More than three-quarters of those polled believe that the criminal jury provides the fairest way of determining guilt or innocence.
This hearing is, at its core, about the importance of the criminal jury. America's commitment to the criminal jury system is and should be a source of great pride. Before the state can take away someone's liberty and label him a criminal, it must obtain the approval of ordinary citizens - citizens who perform a civic duty and ensure that justice is done. The jury system shows America's great respect for its people and the values of its communities. It is one of the cornerstones of our constitutional structure, and we should all strive to maintain its vitality. Because the Sentencing Guidelines in their current form bypass the important check of the people and violate the Sixth Amendment of the Constitution, reforming them should be an urgent priority.
In these comments I will offer a reform proposal that preserves the criminal jury's role and furthers the goals of the Sentencing Guidelines.
To briefly summarize my conclusions, I recommend that Congress take the following actions: First, Congress should immediately, as an interim measure, make the Guidelines advisory and not legally binding. This will give Congress and the Sentencing Commission sufficient time to devise a sound alternative while respecting and preserving the Constitution's jury guarantee in the meantime. Second, Congress should direct the Sentencing Commission, after notice and comment, to identify those Guidelines factors that are sufficiently important that they should trigger, as a matter of federal law, a sentence enhancement of a specified length. Any factor of such importance is required, by the Constitution, to be treated as an offense element to be found beyond a reasonable doubt by a jury. Only after the jury makes such a finding can the increased punishment be imposed.
Given the need to keep trials manageable, I would expect - and Congress could insist - that the Sentencing Commission refrain from singling out too many factors to be treated as offense elements. Those Guidelines factors not identified as offense elements could then become part of an advisory Guidelines regime. But they could no longer trigger mandated punishment on the basis of a judge's findings because it is the jury's role to make such findings.
My statement will proceed in four parts. First, I would like to start by explaining what animated the Court's decision in Blakely, namely the fundamental importance of the criminal jury in our constitutional government. Second, I will describe the Supreme Court's decision in Blakely, as well as the related decisions leading up to Blakely. The constitutional analysis in these cases seems to apply to the Sentencing Guidelines in their current form, and, in fact, many lower courts have already concluded that the Guidelines are unconstitutional under Blakely's reasoning. Third, after setting out the constitutional framework, I will describe what I believe to be the best approach for reforming the Guidelines in light of this background. Finally, I will explain why other recommendations for modifying the Guidelines either run afoul of the Constitution or undermine the purpose of having guidelines in the first place.
I. The Enduring Importance of the Criminal Jury
The criminal jury has been a cornerstone of our government since the Nation's founding. Denial of the right to trial by jury was one of the core grievances that led to the American Revolution, and the right to trial by jury was one of the first to be enshrined in the Constitution. Even before the addition of the Bill of Rights, the Constitution provided that "the trial of all Crimes . . . shall be by Jury." Indeed, the right to jury trial in criminal cases was one of the rare subjects on which all the Framers - both the Federalists and the Antifederalists - agreed. As Alexander Hamilton noted, "[t]he friends and adversaries of the plan of the convention, if they agree in nothing else, concur at least in the value they set upon the trial by jury." The Federalists called the jury "a valuable safeguard to liberty" and the Antifederalists viewed the jury as "the very palladium of free government."
Alexis de Tocqueville observed that "[t]he jury system as it is understood in America appears to me to be as direct and as extreme a consequence of sovereignty of the people as universal suffrage." Thomas Jefferson felt the jury was so critical that he claimed, "[w]ere I called upon to decide whether the people had best be omitted in the Legislative or Judiciary department, I would say it is better to leave them out of the Legislative."
The Framers of our Nation held the criminal jury in high esteem because it provides a valuable check against state abuse and places it where it belongs: in the people themselves. This is critical in criminal proceedings, where the danger of state abuse is especially high and the consequences especially grave. The jury stands as a barrier between the state and the individual, ensuring that that no one will lose his or her liberty if it would be contrary to the community's sense of fundamental law and equity.
"On many occasions," the Supreme Court has observed, "fully known to the Founders of this country, jurors - plain people - have manfully stood up in defense of liberty against the importunities of judges and despite prevailing hysteria and prejudices." "[T]he premise underlying the constitutional method for determining guilt or innocence in federal courts is that laymen are better than specialists to perform this task."
Given its history and value, it is no wonder that the criminal jury continues to enjoy broad support from the American people. Polls have found that 78 percent of Americans believe the "[t]he jury system is the most fair way to determine the guilt or innocence of a person accused of a crime." Sixty-nine percent believe that "[j]uries are the most important part of our judicial system."
In order to preserve this critically important part of our heritage and ensure that the jury continues to act as a barrier between the accused and the state, the jury must retain the authority to apply all laws that peg criminal punishment to particular findings of fact. And, indeed, that was the system we had for virtually all of the Nation's history. If a law mandated that a specific punishment was to be imposed upon the finding of a given set of facts, that punishment could be imposed only after the jury found those facts beyond a reasonable doubt and concluded that the law properly applied. If a law established that a given set of facts could lead to a range of punishment, judges could sentence anywhere within the range, but only after the jury determined beyond a reasonable doubt that the law setting the range properly applied to a defendant's case.
II. Distinguishing Offense Elements and Sentencing Factors: The Supreme Court's Cases
When Congress sought to reform federal sentencing by passing the Sentencing Reform Act of 1984, its focus was on reigning in judges, not juries. In particular, Congress was troubled by the fact that the broad sentencing ranges established by many statutes gave judges too much discretion, which led to unjust disparity and weakened deterrence. The Sentencing Commission was therefore charged with establishing Guidelines that would guide the discretion of judges, not with eliminating the jury's traditional power in criminal cases. Congress and the Commission gave little, if any, thought to what the new sentencing laws would mean for the jury. And when the Supreme Court initially passed upon the constitutionality of the Sentencing Guidelines in Mistretta v. United States, it also did not consider the effect of the Guidelines on the criminal jury's constitutional power.
It was not until 2000, when the Supreme Court issued its decision in Apprendi v. New Jersey, that the Guidelines' encroachment on the jury's power began to draw the attention of the Court. Apprendi involved a state statute that allowed a judge to increase a defendant's sentence if he or she found that the defendant committed a crime with a biased purpose. Under this "hate-crime" statute, a judge could increase a sentence even above the statutory maximum for the underlying conviction because the enhancement was deemed a sentencing factor, not an offense element.
The Court concluded that "when the term 'sentencing enhancement' is used to describe an increase beyond the maximum authorized statutory sentence, it is the functional equivalent of an element of a greater offense than the one covered by the jury's guilty verdict." Accordingly, "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." The Court explained that "[t]he degree of criminal culpability the legislature chooses to associate with particular, factually distinct conduct has significant implications both for a defendant's very liberty, and for the heightened stigma associated with an offense the legislature has selected as worthy of greater punishment." According to Apprendi, it is the jury's function to ensure that such laws properly apply to a defendant.
Although the majority emphasized that it was not passing judgment on the Sentencing Guidelines," the dissent argued that the majority's analysis would lead to their demise. According to the dissent, the Court's reasoning would apply "to all determinate-sentencing schemes in which the length of a defendant's sentence within the statutory range turns on specific factual determinations (e.g., the federal Sentencing Guidelines)."
The Court revisited the offense element/sentencing factor issue again in its 2002 Term. In Ring v. Arizona, the Court considered the Arizona death penalty scheme, which required a judge to find an aggravating factor before the death penalty could be imposed. The Court struck down the statute, again reasoning that "[i]f a State makes an increase in a defendant's authorized punishment contingent on the finding of a fact, that fact - no matter how the State labels it - must be found by a jury beyond a reasonable doubt."
That same Term, the Court decided Harris v. United States, in which five Justices allowed facts triggering mandatory minimum sentences to be found by judges, not juries. The five Justices who reached that decision, however, did so for different reasons. Only four Justices believed that result was consistent with Apprendi. Justice Breyer provided the fifth vote to allow mandatory minimum sentences, but he could see no logical basis for distinguishing Apprendi. In his view (and the view of the four dissenting Justices in Harris) there was no distinction between facts increasing the minimum of a sentencing range and facts increasing the maximum. Justice Breyer accepted the mandatory minimum scheme in Harris only because he stated he "cannot yet accept" Apprendi's rule. Thus, despite its bottom line, Harris provided additional grounds for believing that Apprendi's logic extended to the Guidelines.
The strongest case casting doubt on the constitutionality of the Guidelines is, of course, Blakely. The same five Justices who formed the majority in Apprendi - Justices Stevens, Scalia, Souter, Thomas, and Ginsburg - concluded that the Washington State sentencing guidelines scheme violated the Constitution's jury guarantee. The defendant, Blakely, had entered a plea of guilty to a kidnapping offense that carried a maximum penalty of ten years. But that was not the only law that governed sentencing in Blakely's case. Washington passed a Sentencing Reform Act in 1981 that created a grid of presumptive sentences based on the seriousness of the offense and the criminal history of the offender. That sentencing law dictates that a judge is required to impose a sentence within the standard ranges set out in the grid unless the judge finds "'substantial and compelling reasons justifying an exceptional sentence.'" The Act also provides factors that may justify an exceptional sentence. Under the grid, Blakely could receive a maximum sentence of 53 months. The judge, however, sentenced Blakely to 90 months, relying on one of the enumerated factors for an exceptional sentence.
Blakely argued that the sentencing enhancement violated the jury guarantee, and the Supreme Court agreed. The Court rejected the State of Washington's argument that the enhancement was acceptable because it was well within the 10 year maximum for the kidnapping offense to which Blakely pleaded guilty. The Court reasoned as follows: "Our precedents make clear . . . that the 'statutory maximum' for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant."
The importance of the jury in our constitutional government animated the Court's decision. "The jury," the Court stated, "could not function as a circuitbreaker in the State's machinery of justice if it were relegated to making a determination that the defendant at some point did something wrong, a mere preliminary inquiry to a judicial inquisition into the facts of the crime the State actually seeks to punish."
Although the Court again cautioned that it was not passing judgment on the constitutionality of the Federal Sentencing Guidelines, the dissent warned that the Court's opinion "casts constitutional doubt" over all sentencing guideline regimes, including the federal one. Moreover, Blakely has prompted courts across the country to conclude that the Guidelines do, in fact, unconstitutionally interfere with the criminal jury. The Seventh Circuit, in an opinion by Judge Posner, noted that the federal Guidelines follow the same pattern as the Washington sentencing regime and "it is hard to believe that the fact that the guidelines are promulgated by the U.S. Sentencing Commission rather than by a legislature can make a difference." As Judge Paul Cassell stated, "the inescapable conclusion of Blakely is that the federal sentencing guidelines have been rendered unconstitutional" in cases in which the Guidelines mandate an increase in a defendant's sentence on the basis of facts not found by the jury or to which the defendant has not pleaded guilty.
III. Reforming the Guidelines and Preserving the Jury
It is clear, in light of the criminal jury's constitutional role and the Supreme Court's cases, that the federal Sentencing Guidelines must be revised in fundamental respects. Because this is such an important and enormous undertaking, this is not an overhaul that should be done in haste.
Accordingly, I recommend a bifurcated approach to reforming the Guidelines, one that provides both an immediate interim solution and a longer-term resolution of the Guidelines' constitutional problems.
A. The Short Term Solution: Strip the Guidelines of Legal Force
The Guidelines in their current form are plainly unconstitutional and an affront to the jury's constitutional role. The Guidelines require a multitude of sentencing increases based on facts not currently found by juries and under a preponderance of the evidence standard.
It is important to note at the outset that the reason the Guidelines are replete with judge-made increases based on facts outside the charged offense is not because of any decision of Congress. Congress never mandated or even suggested the current structure of the Guidelines. Rather, it was the Sentencing Commission, on its own, that decided that the Guidelines should adopt a modified version of so-called "real" offense sentencing as opposed to "charge" offense sentencing. Under a charge offense system, punishments are keyed to the offense for which the defendant was convicted. Under real offense sentencing, in contrast, punishment is not tied directly to the offense for which the defendant was convicted but is based instead on what the defendant "really" did.
Of course, our constitutional system is based on the ideal that it is for the jury to decide, beyond a reasonable doubt, what the defendant "really" did. To have judges - agents of the state - make such a determination based on a preponderance of the evidence standard is to render the jury a nullity. But the Sentencing Commission nevertheless decided that judges could make such determinations. In particular, the Commission opted for a modified real offense sentencing scheme in which the charged offense is but one factor that can determine the presumptive guideline sentence. Relevant conduct that has not been charged - indeed, relevant conduct that has been charged but of which the defendant has been acquitted - can also determine the base offense level under the Guidelines and can lead to upward adjustments and upward departures. Relevant conduct in many cases is the primary determinant of the length of a defendant's sentence and the charged offense plays a minor role.
Even before the Apprendi line of cases, judges and scholars expressed outrage over the Commission's decision to use this real offense sentencing model. And, notably, no state sentencing commission made the same choice in devising their guidelines.
After Apprendi and Blakely, it should be clear that the Commission's decision to use real offense sentencing factors can no longer stand. Moreover, because this modified real offense sentencing approach forms the backbone of the entire Guidelines design, it is impossible to separate those factors from the rest of the scheme and be left with anything resembling coherence. As Judge Cassell has noted, once the Guidelines are stripped of those provisions that violate the jury guarantee, applying what is left would distort the Guidelines and could result in a regime that is unfair to the government.
Accordingly, I recommend that Congress waste no time in rendering the Guidelines in their entirety advisory only. Congress never mandated or advised that the Commission use relevant conduct in the way that it has, and the Supreme Court has made clear that the practice must end. As long as they have the force and effect of binding laws, the Guidelines as currently promulgated demean our jury system and undermine our criminal process.
B. The Long Term Solution: Defining Offense Elements
Although making the Guidelines advisory will provide a short term solution to their constitutional problems, it is an insufficient solution for the long term. That is because purely advisory Guidelines could put us back to where we were before the Sentencing Reform Act was passed. It does not follow automatically, of course, because federal judges in the pre-Guidelines world had little knowledge of what other judges were doing, and a set of voluntary guidelines could bridge the information gap.
Nevertheless, it seems likely that a purely advisory system will lead to too much disparity and uncertainty. Moreover, there are some sentencing factors that should not be left to unbounded judicial discretion but instead should mandate an increase in a defendant's sentence as a matter of law.
Thankfully, there is a solution that fully complies with the Constitution while also curbing unwarranted disparity and imposing sentences that reflect the seriousness of a crime. Nothing in the Constitution or the Supreme Court's opinions prevents Congress from identifying those facts that should result in increased punishment. What the Constitution and the Supreme Court require is that any facts so identified be found by a jury on the basis of proof beyond a reasonable doubt.
Congress, therefore, should seek to identify what sentencing factors in the Guidelines should become offense factors to be decided by juries. This is, admittedly, not a small task because the Guidelines contain a multitude of sentencing factors. Because not all of the Guidelines are of sufficiently fundamental importance to warrant retention as offense elements and because jury trials could become unmanageable if all such factors became offense elements, Congress should attempt to single out the most important ones. In conducting this inquiry, Congress should make use of the Commission's expertise and wealth of data. Specifically, Congress should order the Commission, after notice and comment, to recommend those factors it believes Congress should deem offense elements. The ultimate decision, however, would rest with Congress.
Once these factors are identified as offense elements, they can be incorporated into existing criminal procedure with ease. They would be charged in the indictment and if a defendant did not stipulate to them in a plea bargain, juries would need to find them beyond a reasonable doubt. If necessary, some of these factors can be determined in a bifurcated proceeding.
Kansas provides a helpful illustration of how simple this model is to apply. In 2001, the Kansas Supreme Court issued a decision along the lines of Blakely, holding that aggravating facts under the Kansas Sentencing Guidelines must be found by juries, not judges. The legislature complied with the decision by establishing a procedure that requires juries to find those facts beyond a reasonable doubt in a bifurcated proceeding.
Those factors currently in the Sentencing Guidelines that are not singled out as offense elements would remain advisory factors, for a sentencing judge to consider in a particular case as he or she deems appropriate. If, over time, the Sentencing Commission observes a lack of judicial attention to certain factors, it can then recommend to Congress that those factors also be deemed offense elements.
To the extent there are any doubts about this approach to sentencing, Congress need look no further than the states to see how successful it can be. My proposal essentially mirrors the approach already taken by states with sentencing guidelines. These states have not opted to rely on a real offense sentencing model that seeks to have judges find what a defendant "really" did. Instead, states with sentencing guidelines have used the offense of conviction and the defendant's criminal history to set guideline ranges. States have singled out only a few additional aggravating factors.
These state sentencing models are widely viewed as superior to the federal system because they have brought about equity and proportionality without creating a needlessly rigid regime that undercuts the jury. Blakely presents Congress and the Commission with a prime opportunity to learn and benefit from these successful state schemes.
IV. Concerns Raised by Other Approaches
Because Congress is likely to consider a variety of possibilities for reforming the Guidelines, I would like to conclude by noting the shortcomings of what I see as the main alternatives.
A. Replacing Guideline Ceilings with Statutory Maximums
In a memorandum to the Sentencing Commission, Professor Frank Bowman has advanced a proposal that would increase the top of each Guideline range to the statutory maximum of the offense(s) of conviction. The defendant's minimum sentence, however, would continue to be set by the Guidelines. Under one iteration of this proposal, the judge could sentence a defendant anywhere above the Guidelines floor, without giving a reason and without facing appellate review. Another variant of the proposal would require the judge to provide a reason for the particular sentence selected, and there would be some kind of appellate review for abuse of discretion.
This proposal has as its top priority the preservation of the Guidelines. But as discussed above, the Guidelines plainly undercut the jury's fundamental role. The criminal jury is not something that should be bypassed through clever drafting. It is the bedrock of our constitutional structure, and Americans overwhelmingly support it. Any proposal should have as its first goal the preservation of the jury guarantee - yet this proposal erodes the jury's authority even further.
Under this proposal, judges would still be required to increase a defendant's sentence on the basis of so-called "real offense" sentencing factors - factors the jury never found beyond a reasonable doubt and even factors of which the defendant was acquitted. The only difference is that now these increases would be capped in all cases by the statutory maximum for the convicted offense and the Guidelines themselves would no longer provide a different ceiling. Thus, a judge would be free to increase a defendant's sentence even above the prior Guidelines ceiling. If anything, then, this proposal exacerbates the existing constitutional problems.
The rationale behind the proposal is that it will bring the Guidelines within the loophole created by Harris because no matter how much a defendant's sentence is increased as a matter of law, in no event will the defendant's maximum sentence change.
Congress should flatly reject this proposal as unconstitutional. As I have expressed elsewhere, I believe that Members of Congress take seriously their oath to uphold the Constitution. In this instance, obeying the oath requires rejection of Professor Bowman's proposal because it unconstitutionally interferes with the jury guarantee. Apprendi made clear that "it is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed." A range is increased either by raising its upper limit or its lower one. In both instances, "[t]he degree of criminal culpability the legislature chooses to associate with particular, factually distinct conduct has significant implications both for a defendant's very liberty, and for the heightened stigma associated with an offense the legislature has selected as worthy of greater punishment."
That is why five Justices - a majority of the Court - stated in Harris that Apprendi's logic applies to factors that increase a minimum sentence just as it does to factors that increase a maximum sentence. Congress cannot ignore the logic of Apprendi without defying its independent obligation to uphold the Constitution.
Moreover, it is far from clear that the same five Justices that approved of the mandatory minimum law in Harris would uphold this proposal. One of the votes upholding the defendant's sentence in Harris was Justice Breyer's. As noted, Justice Breyer stated that Apprendi's logic applied, but he was not yet prepared to accept the outcome of Apprendi because he "believe[d] that extending Apprendi to mandatory minimums would have adverse practical, as well as legal consequences." Justice Breyer was concerned that taking Apprendi to its logical conclusion would lead to the destruction of the Sentencing Guidelines. Now that Blakely makes that all but a foregone conclusion, the premise of Justice Breyer's vote in Harris is undermined. Accordingly, it is uncertain if not unlikely that Justice Breyer would accept a modification of the Guidelines along the lines suggested by Professor Bowman.
Justice Scalia may also disapprove of the proposal. He joined the plurality opinion in Harris, but he also joined the Court's opinion in Apprendi. The Court's opinion in Apprendi makes clear that, if a legislature revised the its criminal code in an attempt to duck the Court's rule, the Court would then "be required to question whether the revision was constitutional under this Court's prior decisions" There was no evidence in Harris that Congress enacted the mandatory minimum provision with any intent to bypass the criminal jury. In contrast, there is no other reason for adopting Professor Bowman's proposal. The Court is likely to view the two situations very differently.
The unconstitutionality of this proposal should make it a dead letter. But it is fundamentally flawed in a second respect. It also undermines the reasons for having guidelines in the first place and would have disastrous policy consequences. Under this proposal, a judicial decision to sentence a defendant below the Guidelines floor would be subject to de novo appellate review while a decision to increase a sentence above the floor would be subject either to no review or abuse of discretion review. This asymmetry has no rational basis and would lead to precisely the kind of unwarranted disparity the Guidelines were intended to eliminate.
There was a good reason behind the Sentencing Reform Act's mandate that the maximum sentence for each range would not exceed the minimum by more than the six months or 25 percent, whichever is greater. Sentencing ranges were narrowed precisely because the existing statutory ranges were seen as too broad and creating too much disparity. This proposal would recreate the potential for unwarranted disparity. The only difference is that this proposal would also serve to increase sentences. But there is no evidence that an across-the-board increase of Guidelines sentences is justified or wise. It would be unnecessarily costly and unjust to introduce such a scheme without some showing that sentences need to be increased to effectuate the purposes of punishment.
Indeed, it goes against the entire purpose and structure of the Guidelines to engage in such asymmetric manipulation. Judge Cassell has eloquently explained the dangers of an approach that favors departures in one direction. To paraphrase his opinion, under such a scheme the government would be able to say to each defendant, "'what's mine is mine, what's yours is negotiable.'" This undercuts the entire premise of the Guidelines, which, as Judge Cassell explains, "are a holistic system, calibrated to produce a fair sentence by a series of both downward and upward adjustments." Judge Cassell cautions against "look[ing] at only one half of the equation," as Professor Bowman's proposal does, because it would inevitably pull criminal sentences in one direction. In this case, sentences would be pulled ever upward, and there is no reason to believe the resulting punishment would be either just or rational. Judge Cassell states that "[t]he Congress would never have adopted such a one-sided approach." It certainly should not do so now.
B. Enacting Additional Mandatory Minimum Sentencing Laws
Another proposal that may arise is one that relies on the enactment of additional mandatory minimum sentencing laws. This option may be considered because of the loophole that Harris seems to create. Any such suggestion should be rejected for the same reasons that Congress should reject Professor Bowman's proposal. Indeed, this option is significantly worse.
First, it raises the same constitutional problems. As noted, five Justices in Harris agree that Apprendi's constitutional analysis applies to factors that increase a minimum sentence just as it does to factors that increase a maximum sentence. An attempt to use mandatory minimum sentencing laws to evade the jury's constitutional province will undoubtedly cause the Court to view them with a skeptical eye.
Second, this option would result in practical consequences that are even more troublesome than Professor Bowman's proposal. Mandatory minimums have been criticized by almost everyone concerned with sentencing policy, from the Honorable Chairman of this Committee to the Sentencing Commission, judges, and scholars. I will not attempt to catalog all those criticisms in these brief comments. But the criticisms highlight mandatory minimums' inequity and inconsistent application, which undermine the goals of uniformity and certainty. And because mandatory minimums create an even greater asymmetry, they exacerbate the problems caused by Professor Bowman's proposal.
C. Instituting Permanent Voluntary Guidelines
Another possible approach to the constitutional infirmities of the Guidelines is to make them advisory in their entirety on a permanent basis. As discussed above, this proposal is problematic.
First, we do not yet have sufficient evidence that a purely voluntary guidelines system adequately would eliminate unwarranted disparity. Although compliance with voluntary guidelines could be high enough to produce such a result, it is at least doubtful and certainly premature to reach that conclusion at this point. At a minimum, voluntary guidelines should undergo a trial period in which the rate of compliance is monitored. Only then should permanent voluntary guidelines be considered.
Second, voluntary guidelines would lead to greater uncertainty in punishment. The more uncertain the punishment, the weaker the deterrent effect of a law. While this may be acceptable for some existing guideline factors, there are many factors that are too important to be deemed "advisory." Those factors should be singled out and made offense elements that are determined by a jury, beyond a reasonable doubt.
V. Conclusion
As the Court noted in Blakely:
The Framers would not have thought it too much to demand that, before depriving a man . . . of his liberty, the States should suffer the modest inconvenience of submitting its accusation to the "unanimous suffrage of twelve of his equals and neighbours," rather than a lone employee of the State.
I look forward to a return to the Framers' vision and a reinvigoration of the criminal jury, one of America's finest institutions and one that its citizens still zealously revere.
Thank you again for allowing me to testify and share my thoughts on this fundamentally important area of criminal justice. I would be happy to answer any questions that you might have.


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All the people who went out this week so far, including Debbie Harry, Drew Barrymore, and Brad Goreski.
Full of dresses you could wear or eat.
Is there any bigger affront to the most stylish 14-year-old girl in Hollywood than having to wear a kilt to school?
Brave, brilliant looks from last night's red carpet.
We ran into him partying on a school night with January Jones.
It was a lot of black dresses, which doesn't bode well for Sunday's Golden Globes red carpet.
She's on the cover of February's Teen Vogue.
See Candice Swanepoel go polar bear, Jared Leto go shirtless in a kilt, and many more standout images from this month's issues.


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Found February 13, 2013 on
Bobby Parnell,
Frank Francisco,
Sandy Alderson,
Brandon Lyon,
Terry Collins,
Jason Marquis,
Carl Pavano,
Roy Oswalt,
Jason Isringhausen
TEAMS: New York Mets, San Diego Padres, Minnesota Twins, Texas Rangers, Los Angeles Angels
TEAMS: New York Mets, San Diego Padres, Minnesota Twins, Texas Rangers, Los Angeles Angels
Yesterday it was revealed that the incumbent closer for the New York Mets entering the 2013 season, Frank Francisco, was going to be shut down due to elbow inflammation. Francisco is in the second year of a 2-year/$12 million contract the Mets handed to him during free agency prior to last season. Needles to say, that has not worked out very well for Sandy Alderson, who has not had much luck tugging on the Wilpon's purse strings since arriving in New York.
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Ebow Inflammation bothering Francisco, who is shut down. Asked how close he was to 100 percent, he said he's at "zero."
about 22 hours ago via Twitter for iPhoneReplyRetweetFavorite
Marc Carig
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Alderson said Francisco had some personal issues, deaths in the family, that hindered his rehab last few weeks. #Mets
58 minutes ago via EchofonReplyRetweetFavorite
Kevin Burkhardt
The Mets recently added Brandon Lyon to their pen and as a veteran with closing experience many thought he may pick up 9th inning duties should injury befall Franky Frank, as they routinely did last season. That scenario has played itself out before the first pitch of the season has even been thrown, but it's not Lyon that will be taking over closing duties if Francisco isn't ready to go, at least not according to manager Terry Collins.
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Terry Collins called Bobby Parnell last night to tell him he'd be the closer if Frank Francisco wasn't ready for the season. #mets
about 2 hours ago via TweetDeckReplyRetweetFavorite
Adam Rubin
If it seems like we write a "Door is Open for Parnell to Close" post just about every season, it's because we pretty much do. Toss it in there with the Jason Marquis, Carl Pavano, and Roy Oswalt rumors as something we deal with each and every year as Mets fans. Earlier in the offseason the Mets and Bobby Parnell avoided arbitration by agreeing to a one-year deal worth $1.7 million for 2013; a nice raise for the 28-year-old reliever who earned just $500,000 in 2012.
His 2012 campaign was arguable the best of the right-handers young career; posting career highs in wins (5), appearances (74), saves (7), whip (1.24), and ERA (2.49). The 28-year-old allowed 19 earned runs over 68 2/3 innings of work, while walking 20 batters and striking out 61. Parnell finished the year strong allowing just one earned run over his last 17 appearances, spanning 17 2/3 innings:
Courtesy of Michael G. Baron
The question with Parnell isn't whether or not he's a capable or even a good reliever, we know the answer there is yes. It's more a question of whether or not he can handle the pressure of being a closer and has the tools to succeed in such a role. Early on in his career Parnell failed to throw any of his secondary pitches with confidence and hitters could just wait for his fastball to find the strike zone. They would then pounce, even if it was 100+ mph. Then Jason Isringhausen came along in 2011 and seemingly took Parnell under his wing, teaching him a new pitch that the reliever unveiled with good success.
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If Parnell is the future closer of the @Mets, Jason Isringhausen gets a huge assist.Teaching Bobby the knuckle-curve took him to a new level
about 1 hour ago via WhoSayReplyRetweetFavorite
Kevin Burkhardt
A quick look at Fangraphs.com pitch breakdown for Parnell over the past few seasons shows how the reliever has been attempting to evolve into more than just a hard throwing setup man. In 2010 Parnell threw his fastball ~81% of the time, a number which dropped to ~73% in 2011 and 2012, the big difference of course being the fact that last season Bobby chose to go with a curve rather than a slider as his secondary pitch (the Izzy effect).
Even with an expanded arsenal at his disposal Parnell struggled closing for New York last year when Francisco was out, converting just 7 of 12 save chances. Ouch. He did, however, convert his last 5 opportunities and his ERA from July 22nd through the end of the season was a remarkable 1.45 (31 IP, 5 ER, 22 K's). So, maybe there's hope once again that Parnell figured something out during his strong finish, but one thing is for certain, if ever he's going to put it all together, the time is now!
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It's time. #StepUpParnell #LGM2013
about 1 hour ago via Twitter for MacReplyRetweetFavorite
Matthew Cerrone
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The future is now for Bobby Parnell. That Franscisco signing hasn't worked out so well for the #Mets
about 2 hours ago via TweetDeckReplyRetweetFavorite
Kevin Kernan
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Looking long term, a lot of Mets people see Familia as possible closer of the future.
about 1 hour ago via TweetDeckReplyRetweetFavorite
Andy Martino
Original Story:
Making sense of the Mets' closer issues
It's Parnell's Time To Shine As He Takes Over Mets Closer Role
Collins wants Bobby Parnell to be Mets closer
Mets Shutdown Frank Francisco With Elbow Inflammation
Plenty Of Mets Who Could Be Traded This Season Including Daniel Murphy
Mets Closer Frank Francisco Has a Setback
Breaking News: Collins Wants Parnell To Take Over As Team's Closer
Is Jeurys Familia In Line For Save Opportunities This Season?
Mets Shouldn't Be Surprised At Francisco Injury And Losing Bourn
Video: Terry Collins Discusses Parnell, Santana, Harvey, Duda, Winning
Relapse Or Relief?
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Sony debuts camera-centric Xperia Z1 Android phone
Sony announced its new flagship Android smartphone, the Xperia Z1, putting the Android phone's camera front and center at the IFA trade show Wednesday.
The waterproof phone, which had been code-named Honami, comes with an expected 20.7-megapixel camera and a host of technologies to make the most of it.
"The Xperia Z1 offers you best-in-class imaging and a revolutionary new way to capture and share your memories," Sony CEO Kazuo Hirai said during a press conference. Hirai is in the midst of a years-long effort to unify Sony's many product families and reclaim glory days … Read more


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Blame Smartphones For Awful Fish Photos
Ryan Gilligan, Managing Editor, North American Fisherman Magazine
2 comments
NAFC Staff Blogs
I oversee the NAFC's monthly
Outstanding Catch Contest
and put together the Member Photos pages for every issue of
North American Fisherman
magazine. On one hand, it's a sweet gig because it means I get to drool over photos of huge fish for about a half-hour each day and call it "work."
On the other hand, I also have to witness the tragedy of seeing more and more members holding what's likely their fish of a lifetime…in pixilated, blurry, poorly-lit excuses for photos captured and sent via smartphone.
This smartphone-taken image is exactly why you need to keep a quality digital camera in your tackle box—then learn how to use it.
Makes me want to cry in my coffee.
Let's get something straight: Smartphones are excellent tools for a lot of things, from finding your way to a remote boat launch you've never used to fishing-friendly apps like the NAFC's
Knot Wars
. I hear you can actually use them talk to other people on other phones in other places—amazing, I know.
But for all they are, they are not cameras.
They. Are. Not. Cameras.
Oh, they might create and store images that look generally like whatever you point them at. But they simply lack the internal hardware to take clear, well-lit, in-focus photos that are high enough resolution to print on a magazine page or stamp onto a glossy 8-by-10 that you can hang on the wall and show your grandkids.
(Blog continues below the photo!)
This photo of NAFC Life Member Ron Ely (taken with a real camera, not a phone), is the ultimate example of what we should all shoot for when taking our own big-fish photos.
The fish of a lifetime might bite on your very next cast. Whether it's a bass or walleye or cat or pike, you're going to want to remember and honor that fish until your last days. Do you really want the only record of the moment to be captured and stored on a fragile, fickle, palm-sized gizmo you're going to eventually drop into the lake or onto the sidewalk?
If you're actually struggling to answer that, consider this: In my grandfather's garage, tacked unassumingly on the pegboard over his workbench, is a 60-some-year-old black-and-white photo of him in an ice shanty, holding a giant pike. In it, the grey, ailing man I've known all my life is about as young as I am now.
If iPhones and Droids had existed in the 1950s, would I have ever seen this photo?
I doubt it. And even if I had, the image likely wouldn't have been sharp enough to see all the cool detail that makes Grandpa's photo a time capsule—the oil lamp on the wall, the pack of Chesterfield cigarettes peeking out the pocket of his army coat, the checkered wool cap, and the subtle details of his face that let me see myself in the photo.
There are two lessons here. First, you and the fish you catch deserve better than the lousy, grainy snapshots smartphones currently offer (or perhaps ever will). If you don't have a real, quality, digital camera, buy one—and put it in your tackle box alongside all your other essential fishing tools. There are plenty on the market, and they're generally priced less than the latest crop of smartphones we're being told are necessary to function in modern society.
Mark Hicks, one of North American Fisherman's top writers and photographers, recently covered some great point-and-shoot cameras in the December/January 2011-'12 issue's
Shop Smart column
. The cameras he highlights—like the
Kodak EasyShare Sport
Sony Cyber-Shot TX5
, and
Pentax OPTIO WG-1
will not only take great photos—they're waterproof!
Second lesson? Regardless of what you use to take your big-fish photos, put in that extra bit of effort to ensure the image is something to be proud of. Fill the frame with the angler and fish—without cutting off the top of the guy's head or any part of the fish. Have the person face into the sun and/or use a flash to throw some light under shadowed hat brims (the flash is not just for low-light situations).
And speaking of which, take the photos outside, on the water, without a bunch of distracting, ugly junk in the background. Take off your sunglasses, put your shirt on, pull the cigarette butt out of your mouth, and for Pete's sake, smile!
Then, take a lot of photos—you can always delete them after the fact, but you can't go back and take more once you've let the fish go, or put a knife through it.
Immediately afterward, take a critical look at what you've shot. Are the images in tack-sharp focus? Is the fish's tail cut off? Is some snot-nose kid giving you the finger in the background?
If so, reshoot until you get it right. You'll be happy you did. -- Ryan
2 comments
NAFC Social Media Editor
Monday, January 30, 2012 9:32 AM
Amen! -- Web Guy Greg
Wednesday, July 11, 2012 8:48 AM
I couldn't agree more. The serious/bad ass look, cigarette butt, beer can reference pictures are the worst. If the last sentence describes your photos, Angler to Angler...you look stupid. Stop doing it. I always have my digital camera and I CPR just about everything I catch.
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The Speaking Center will be closed March 10-14 for Spring Break.
Speaking Competition
- Thursday, March 27 at 6:00p.m. at the Southern Miss Speaking Center
- Open to students who have taken no higher than CMS 320
- Prizes awarded to 1st, 2nd, & 3rd place winners, as well as door prizes
- Email your name, major, and speech topic to firstname.lastname@example.com or call 601-266-4965
Activities and Events
Southern States Communication Association 84th Annual Conference April 3-6, 2014 in New Orleans, LA.
National Association of Communication Centers 13th Annual Conference April 11-12, 2014 at Arizona State University
Employee of the Month
Aleke Vehos, a sophomore Broadcast Journalism major, received Employee of the Month for February. This is Aleke's first year working as a peer consultant in the center. Congratulations, Aleke!


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Iyanla: Fix My Life
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Iyanla's Heartfelt Response to the DMX PremierePosted: Mon 04/15/2013 03:30 PM
We had only been reunited for six months when, on March 30, 2001, the eve of his 50th birthday, after seven months of being clean, I got the call. The Show That Made Oprah Scream at Her TelevisionPosted: Thu 11/08/2012 02:50 PM
Here's the truth: Oprah won't say a show is good if she doesn't believe it. Since the premiere of Iyanla: Fix My Life, Oprah has said that there's nothing like it on television. Now, she says, every episode is better than the one before! Watch as Oprah applauds Iyanla's ability to cut through a person's pain and create space for healing. Plus, get a sneak preview of the next eye-opening episode—featuring a minister who cheated on his wife with multiple women in his congregation. Tune in Saturday, November 10, at 10/9c. Monday Matters: Faith and ExperiencePosted: Mon 10/29/2012 01:55 PM
This book of 365 daily devotionals supports the time-honored adage, "Why put off until tomorrow what you can do today?" Beloveds, I know how easy it is to stay stuck in old sentiments, resentments, beliefs, decisions, agreements, judgments, and ideas that may have become habitual. Through these devotions I hope to show readers that the easiest way to create change is to simply shift your attitude—today. We often work so hard to get the things we want that we miss the fact that it is the landscape of the inner world that stands between us and true happiness. Faith and Experience You must have faith and experience in order to live life fully. You must have faith that all of the things you expect from life are possible for you. You must have faith that no matter what life brings you, you will be able to handle it. |


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Author: | Tony Perkins |
Published: | September 27, 2012 |
Length: | 15.11 minutes |
God's word is our guide in all areas of faith and practice, even in politics—that may sound nice in theory, but how does it work in action?
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Capital Projects
Recreation Center Project
In the midst of a campus-wide effort to modernize its student life facilities, RIC has engaged Design Partnership of Cambridge and Sgarzi Associates to renovate their 70,000-square-foot Recreation Center.The study evaluated the viability of reprogramming the existing building to better service campus recreational needs.
The building will house a number of support functions for athletic teams. It will include the primary fitness and weight room on campus along with locker rooms, a sport medicine area, coaches' offices, multi-purpose dance studio, a field house and natatorium.
For project details,
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Arthur Schaper: RI Reclaims Christmas Tree
Tuesday, December 24, 2013
In 2011, Independent Governor Lincoln Chafee started a mini headline frenzy when he renamed the festive green which graces the Providence Statehouse "The Holiday Tree". The uproar over Chafee's chafing political correctness and secular pandering proved too much for local and national conservative media outlets.
Local backlash
First, there was WPRO's John DePetro and company, who descended on the 2011 dedication with full mirth and flair. Despite the fuss raised over the controversial conservative's latest strain of inflammatory refrains, at least DePetro had led the holly rally to put the Christmas back in Rhode Island's Christmas tree two years ago. For that, he gets a "half-tribute" from me. The video he posted standing up to Governor Chafee, with Christmas Carols and good will toward all Rhode Islanders, warmed my heart.
According to the light drama played out in DePetro's YouTube montage, Communications Director Christine Hunsinger attempted to cover Chafee's demotion of the winter holiday with children singing. Then DePetro obliquely compares Chafee to Italian "Duce" Benito Mussolini. Fascist exaggerations aside, the governor's move to boycott the entire WPRO news affiliate, plus his ongoing expansion of the state into every Rhode Islander's life and well-being, plus his growing affiliate-fascination with Obama and all things Democratic, should heighten the fears of all freedom-lovers.
The montage then displays "Look at my wonderful Godless tree." Indeed, how can there be Christmas without the holiday's religious underpinnings? No one can have a holiday without the holy. Besides, Rhode Island is the most Catholic state in the union.
Drowning out the staged children's choir, DePetro and friends interjected with real Christmas cheer, breaking out with the beloved "O Christmas Tree" carol for all to hear in Providence hall.
O Christmas Tree! O Christmas Tree!
Thy leaves are so unchanging;
O Christmas Tree! O Christmas Tree!
Thy leaves are so unchanging;
Not only green when summer's here,
But also when 'tis cold and drear.
O Christmas Tree! O Christmas Tree!
Thy leaves are so unchanging!
That refrain "leaves so unchanging" must have really riled Chafee, since everything about him changes, and never for the better for Rhode Island. As the children's choir continued with "Have a Holly, Jolly, Christmas", DePetro and his carolers clapped and cheered, then the Governor made like a Christmas tree and left the Capitol balcony.
National coverage
Fox News' Bill O'Reilly also weighed in on Chafee's name changing. First, he denounced atheists who claimed that public Christmas displays forced religion on Americans. What religion? Christianity, of course, yet O'Reilly countered with: "Which Christianity?" Catholicism, Lutheranism? Muslims respect Jesus, and the Founding Fathers espoused Judeo-Christian values (although many were deists who rejected the divinity of Christ). Then O'Reilly laid into Governor Chafee's refusal to identify the state Christmas tree as such. Justifying his stance, Chafee commented: "Times are changing."
Indeed. The Fox News contributor then teased out the real reason for the season: a secular, progressive agenda in which Christmas has no part. At least Chafee had the courage to answer some of O'Reilly's pointed questions about the matter. Or did he? Not a chance, since the governor duffed all the responsibility to the previous administration (actually, Carcieri called it a Christmas Tree. Ho Ho Ho!). Gulping under the pressure of the No Spin Zone, Chafee admitted calling the festive shrub a Christmas tree at his home, and that everyone should celebrate this happy time of year.
Bravo! I only wish that kind of ground swelling had salvaged Christmas in my South Bay, California home. Around the same time as the Chafee-Christmas tree trials, the war on Christmas broke out in my backyard, and the results did not end so merrily. For nearly six decades, Santa Monica permitted local churches to sponsor a life-size series of Nativity scenes in Palisades Park. The Freedom From Religion Foundation filed a lawsuit, and then atheists won a majority of the holiday stalls by lottery. The city decided to discontinue the Nativity displays. In 2012, church groups lost an appeal to reinstate their displays. Religious Liberty? Bah, humbug!
The Christmas tree returns
This year, Chafee put the Christmas back in the statehouse Christmas tree. Democratic-turned-Republican Bishop of Providence Thomas Tobin applauded the Governor's common-sense decision. Now, if only the Governor and the General Assembly would spread the holiday cheer a little further. How about bearing other gifts, like a streamlined, welcoming tax structure, or comprehensive reforms of the state's public sector collective bargaining units. Better yet, a state constitutional convention which outlines stronger separation of powers, non-partisan redistricting, and the end of the Master Lever.
Merry Christmas (that's right, Christmas!), Rhode Islanders, and to all a good night, and a happier, brighter 2014!
Arthur Christopher Schaper is a teacher-turned-writer on topics both timeless and timely; political, cultural, and eternal. A life-long Southern California resident, Arthur currently lives in Torrance. Follow him on Twitter @ArthurCSchaper, reach him at firstname.lastname@example.com, and read more at Schaper's Corner and As He Is, So Are We Ministries.
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- Arthur Schaper: Harrop, Hispanics, and How to Help RI GOP
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john jacks
Hard hitting journalism. Thank you for your courage.
You clearly have wonderful insight to our state, being a lifelong socal resident and all. Please keep us updated on these important issues for our state.
Sammy Arizona
The conservatives have "invented" way to many loony, phony wars to list here, including, but not limited to, The War on Christmas, The War on Marriage, The War on Guns, The War on Religion, The War on Masculinity, The War on Christians, The War on white men, The War on Femininity, The War on Catholics, The War on Conservative Women, The War on Easter, The War on Santa,
even The War on The Easter Bunny.....LOL
Every year, it seems like the Christmas Warriors have to search harder and harder to find something to be upset about. Their usual method is to take some small incident, omission or innocent phrasing (using "holiday" instead of "Christmas," ) and spinning it up into a faux outrage
The phony "war on christmas" is a myth perpetrated by the folks on the Reight
Happy Holidays to all...Sammy in Arizona


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MMH to trim positions without layoffsMay 9, 2013Marietta Memorial Hospital is looking to reduce the number of positions to deal with changes in how health care is being provided, but is not planning layoffs for the time being, officials said.... exofDevolaI've seen this so many times, a hospital system becomes extremely profitable, taking over several offices , building new additions,expanding to multiple cities. Then in a few months and they immediately start cutting positions, usually starting with nursing and other support systems, somehow doctors and administration are not included. I have seen many primary care offices refuse to address more than 1 or 2 complaints each time, Tessie. I think this is because few offices will offer an extended visit, it's more profitable to get more people squeezed into an hour. As a nurse from back in the day,What I can't stomach is you fill out the reason for the visit, you've described your symptoms to the medical assistant , and receptionist and everyone else. It s written down, the the doctor comes in and has never even glanced at the chart, or your previous entries. That s poor time management If any of my nurses waltzed into a patients room not aware of the history ,they would have been fire 4 Agrees | 0 Disagrees | Report Abuse » asknotTessie, AGREED, childrens in columbus is amazingly well oiled. They show ya a map, ya walk there, introduce yourself and wait less than 10 minutes, and DONE. The thing about your doc only dealing with one thing at a time, sounds like nothing but a scam to get 20% co-pays again and again. I'd consider looking into that, it seems highly questionable, if not unethical. 2 Agrees | 0 Disagrees | Report Abuse » meanwhatusayI think everyone would be well served to remember that most of the changes in health care are being force by goverment mandates, by the people we elect into office. I have always been a patient at CCMH until the merger with Morgantown. I understand the need for merging but I think it was handled very poorly by whoever was calling the shots. Parkersburg has had 2 hospitals for as long as I can remember. Moving all the services to one hospital and forcing the closure of the other takes away a person right to choose. Hanging a banner to demostrate victory was unecessary. I have had nothing but good experiences @ MMH and commend them for staying independent with the economical state this country is in. FYI asknot there are turds, mean people, incompetence and inefficiency everywhere. I have encountered a fare share everywhere. What can be done to help with the situation country wide??? STOP electing them into office. 3 Agrees | 4 Disagrees | Report Abuse » TessieWhen I visit UPMC, I have multiple appointments that flow very easily from one to another. It's all scheduled with one appointment followed by another, then by another, etc. Two to three hours and I'm finished. Here, it would take days or maybe even weeks to get everything done. Of course we would need expert docs too. I can think of two docs in Marietta who I would trust to treat me. One (Che Fu Kuo) is still holding out and hasn't joined with MMH Systems, and he has my respect and admiration for his ability to withstand their pressure. 3 Agrees | 2 Disagrees | Report Abuse » TessieAsknot, I've had a similar experience with MMH System. I'm stuck with a primary care physician who shouldn't even be practicing. I have multiple major illnesses that require specialists in other cities, but need a primary care doc for the more common things wrong. I'm stuck with him because no one else wants to take on a person with such a complicated health situation, and who only has Medicare. I usually wait until there are several things going on before an appointment but I'm told that he will only address one thing at a time. That means repeat appointments, and an opportunity for them to receive more Medicare payments. It also means more 20% co-pays for me, and I don't have it. MMH is a monopoly and it's run by schemers who try to project a proactive stance. 2 Agrees | 2 Disagrees | Report Abuse » begameAmen Asknot! Don't know who is to blame, but MMH doesn't usually provide a good experience to their patients. You'd think once your info is in their system, you'd be good to go, even with your family doctor as they are now all under the MMH blanket. I have found that the only place that seems to have their "stuff" together is the lab at the Farson St. facility in Belpre. 3 Agrees | 3 Disagrees | Report Abuse » janeeyre1I would start at the top by cutting executives first. Any institution needs workers bees more than queen bees. 7 Agrees | 1 Disagrees | Report Abuse » asknotMMH is becoming a monopoly around here, and their service is showing it. Wait times are horrible, diagnoses are often wrong, and alot of the doctors are just rude. I went up to the childrens hospital with my kid recently, and the efficiency is amazing, everyone had a smile and was courteous. What was nice, was we had to go through alot of different tests, in alot of different apartments, and WE DIDN"T HAVE TO FILL OUT THE SAME PAPERWORK FOR each separate department. Just once. 5 different departments, xrays, tests, blood, doctor, etc and we were in and out in under 2 hours with 1 BILL. Thats a FULL day at MMH, and then you get a separate bill from each department. I can deal with some of the issues, but MMH has ALL the issues. There are ALOT of great doctors and staff at MMH, don't get me wrong, but there are ALOT of t urds, mean people, incompetence, and inefficiency. 5 Agrees | 2 Disagrees | Report Abuse » Showing 10 of 10 comments
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Jerome Miller, local airman, dies in Afghanistan
October 24, 2011 - 06:02 pm
An airman based at Andrews Air Force Base in Maryland has died in Afghanistan.
Airmen 1st Class Jerome D. Miller Jr., 23, died Oct. 13 due to a non-combat related incident in Parwan province, the Department of Defense announced. He was assigned to the 459th Security Forces Squadron, Andrews Air Force Base, Md.
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D.C. journalists with the most Klout on Twitter
No one knows quite what Klout is, but these big 'myopic little twits' appear to have it.


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Unleash your worker bees. The power of swarms and cooperation to attack business problems.
Unleash your worker bees. The power of swarms and cooperation to attack business problems.
The first time I heard the word "swarming" in a business context, it made me chuckle. I had an instant visual of bees dressed in suits and carrying briefcases, furiously buzzing over, under, and around a conference table. They weren't accomplishing anything—just making a lot of noise and looking for something to sting.
Then it occurred to me that all worker bees are female. Each bee in my mental image was now wearing a suit with a skirt, and red high heels on all six feet. By this point I was ready to give up on the idea of swarming in business altogether.
However, I am a huge believer in collective intelligence, whether at work or in the wild. I am absolutely intrigued by all the examples of cooperation in nature–for example, ants creating entire cities under ground, wolves hunting cooperatively in packs, and elephants migrating in search of water, with the oldest female passing along her knowledge of what routes to take to all the other elephants in the herd.
Similarly, the human brain is naturally wired for empathy, connectivity, and collaboration. The occasional loner who wants to "get away from it all" is the exception to the rule. Studies show that the rest of us live longer and feel better emotionally when we have a strong support system and are connected to family and community. And as the rate of business speeds up, collaboration is critical.
An important issue may develop in another time zone across the world, or an immediate deadline may be set. Decisions cannot wait until next Wednesday's scheduled meeting. Companies need to be agile and act fast—yet an immediate executive decision from the top is not necessarily the best call. To address these sudden problems or opportunities, swarms will assemble quickly, and then disperse as quickly as they formed.
Progress will depend on your ability to bring together highly functioning groups of diverse people. Executives and employees as well as consultants, vendors, customers, and others from outside the company—anyone who can conceivably add value—will all have a role to play in generating ideas and offering crucial feedback.
As meetings become more diverse, people who do not know each other will come together to accomplish difficult work. In a perfect world, different people representing the different thinking and behavioral attributes will become part of that swarm.
Moreover, in this perfect world, each participant will have an Emergenetics "profile" that outlines his or her individual thinking and behavioral attributes, and share them with everybody else. A swarm does not have time for all the usual steps that lead to good team cooperation, and sharing profiles will be the fastest way I know to get to know people. You can immediately see the strengths of others as well as their possible blind spots. Sharing profiles leads to mutual respect right away, and is also an efficient way to eliminate misunderstandings before they even occur.
So as a leader, how do you bring out your team's collective intelligence—and avoid becoming an example of collective stupidity?
To cross-pollinate your meeting, have everyone do something different after a break. If you're all in the same place, changing seats, to literally help people see from a new point of view. If you are tele-conferencing from individual computers, have everyone get up and move! Physical movement is good for brain circulation and helps people remember what they just heard.
Expect the best of your swarm and they will live up to your expectations. As you meet the future, your company will be a hive of activity.
GEIL BROWNING is founder of Emergenetics International, an organizational development firm in the U.S., Singapore, and the Netherlands. She co-created the Emergenetics Profile, a psychometric thinking and behavioral workplace assessment.


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Halloween Costumes
Adult Costumes / Group and Couple Costumes / Humorous Costumes / M&M Plain Tunic Baby Costume
M&M Plain Tunic Baby Costume
Item# 07043078
Candy is dandy and in this clever and comfortable M&Ms Plain infant costume, Halloween is sure to be extra sweet. Remember, M&Ms melt in your mouth, not in your hand.
- The officially licensed Mars M&M Plain baby costume is a brown 100% polyester logo tunic.
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Cute, low quality
By mins from chicago on 10/27/2011
Poor Construction, Poor Quality
Best Uses:
Describe Yourself:
First Time Parent
Was this a gift?:
Comments about M&M Plain Tunic Baby Costume:
Cute costume!! Stitching is falling out and we haven't even worn it yet. Poor quality. Probably one use for [$]
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Super cute!
Colorful, Cute, Easy To Put On, Fun
Pretty long
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Parent of Two or More Children
Was this a gift?:
Bottom Line:
Yes, I would recommend this to a friend
Comments about M&M Plain Tunic Baby Costume:
The costume is adorable. It is easy to get on and lightweight. My son could easily fit a layer underneat. My son is tall for his age and this ran very long. It was almost touching the floor.
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Cook It Raw at Blue Hill at Stone Barns; Counter Culture's Champion Barista
Plus: Valentine's Day at Il Buco, and more, in today's Leftovers.
Skip to content, or skip to search.
Skip to content, or skip to search.
Plus: Valentine's Day at Il Buco, and more, in today's Leftovers.
Why yes, there is a workshop called "Introduction to Food Photography: A Beginner's Guide to Making Bacon Look Sexy."
Here's what you missed at this year's New York Culinary Experience.
Here's what moved (what shaked, too) on the 2013 list.
As restaurants move toward techniques that are ever more heritage-focused, many chefs are taking a long hard look at their charcoal and coming up with some serious alternatives.
"The jowl was a confit, with extra crispy skin and the meat was very moist; and the loin was roasted. And then you had some braised belly. And then a pig jus with a little bit of sauerkrauet."
An epic 90-minute sit-down with Dan Barber (in a yarmulke?).
Alice Waters, Dan Barber, and Ruth Reichl pen love letters.
José Andrés will also instruct scientists in the wonders of foam.
And a cavalcade of Outstanding Chefs will present.
"I used to watch the Food Network obsessively when I was a line cook and I'd get home at 2 in the morning."
The Blue Hill chef is honored by USA Networks and 'Vanity Fair.'


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The Cowboy Kitchen is a fun, old world dining set that folds up when not in use! An absolutely unique piece that is functional as well!
With the Cowboy Kitchen, you will have an entire kitchen set that can fold up into a compact cabinet, saving space where it is needed most! This dinette set is perfect for cabins, a hunting camp or anywhere that space is at a premium.


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Free Shipping on all orders over $49.
Limited Time Only. Minimum merchandise total to qualify for the offer must be met. The minimum merchandise total that must be met for Shipping Promotions is calculated after any discount coupons that have been applied and does not include shipping, handling, taxes or duty charges. Order total must meet minimum threshold of $49. Not valid for prior purchases. Shipping will be reflected on the Checkout or Shopping Cart page. Overweight shipping charges apply and will appear at checkout. Overweight items include kayaks/boats, treadmills, elliptical machines, weight sets/plates, basketball courts, trampolines and other similar overweight items. Alaska/Hawaii surcharges apply and will appear at checkout. No cash or credit back. We reserve the right to cancel any order due to unauthorized, altered or ineligible use of discount. All promotional dates & times are subject to change without notice.
Sufix 832 Advanced Superline is the strongest, most durable small diameter braid on the market. R8 Precision Braiding and fiber technology provides superior strength, roundness and line consistency. Patent-pending construction of 8 fibers (7 Dyneema plus 1 Patent Pending GORE Performance Fiber) and 32 weaves (pics) per inch. Patent Pending GORE Performance Fibers improve abrasion resistance, increase casting distance & accuracy and reduce line vibration. Dyneema fibers provide high strength & sensitivity, hydrophobic water-repellent protection and small diameter.
Item No. 3095352


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22 Questions & Answers
Genuine Whirlpool part. Whirlpool brands include Whirlpool, Maytag, KitchenAid, Jenn-Air, Amana, Magic Chef, Admiral, Norge, Roper, and others. See all items in Trash Compactor Motor and Trash Compactor Switch. Whirlpool also makes various appliance models for Sears / Kenmore.
Check your model number or use our Cross Reference Tool to find out if this part will work with your appliance.
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Part Diagram
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Part Number W10439651 (AP5620185) replaces 780164, 14211330, 14214735, 41001029, 41001030, 41001085, 4163377, 4163461, 7-49061, 7-49077, 7-76013, 7-76171, 7-76828, 7-77707, 7-77709, 7-77710, 7-80162, 7-80164, 7-80360, 7-80378, 749061, 749077, 776013, 776171, 776172, 776495, 776828, 776851, 777707, 777709, 777710, 777741, 777968, 777970, 777971, 780043, 780162.
Read all 22 Questions
Bob for Model Number kitchen aid compator
Answer Hello Bob! Yes, the drive motor W10439651 is a direct replacement of 9870343 and will work on your appliance. Thanks.
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Motorman for Model Number I have a Sears Trash Compactor Model 7469000W0, S/N D60695637 with electrical schematic P/N 77364
Answer Hello Motorman. You will need to replace the motor on the unit. If it is humming, it is bad.
Mike G for Model Number KitchenAid KUCC151LSS0 Trash Compactor
Answer Mike, You'll need to remove the compactor from the counter, remove the top panel and check the "power screws" W10451272 on each side of the ram assembly. It's not unusuall for plastic bags or strings and the like, to wrap around the power screw and cause an "overload" on the motor when the residue gets stuck to the power screws or power nut assembly and cause the noise and actions you described.
Bob for Model Number 665.13612100
Answer Bob, The motor switch on the unit would be causing this issue due to contacts sticking. You will want to replace the motor for this issue.
Nothappywithsears for Model Number 665.13619101
Answer Nothappywithsears, Yes it appears that you will need the motor and the directional switch and the part number for the motor is W10439651 and the directional switch is part number 777811.
Note: This question is for the older version of this part, but we thought you might still find it helpful
Joe for Model Number Whirlpool TU8100XTP2
Answer Joe, You will want to check the directional switch at the top to make sure that it is adjusted properly. If this checks ok then the motor switch W10439651 would be faulty and need to be replaced.


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Definition of moxa in English:
Syllabification: mox·aPronunciation: /ˈmäksə
- A downy substance obtained from the dried leaves of an Asian plant related to mugwort. It is burned on or near the skin in Eastern medicine as a counterirritant.
- The plant is Crossostephium artemisioides, family Compositae
More example sentences- Moxibustion, the burning of the herb moxa over channel points and certain areas of the body, is used to warm, tonify and stimulate.
- The effects of shiatsu, acupuncture, moxa, and herbal medicine are still questioned in Japan because they seem to depend upon the individual and are very difficult to replicate or to validate scientifically.
- Although it can be made from a variety of herbs, moxa is generally made from the mugwort plant.
late 17th century: from Japanese mogusa, from moe kusa 'burning herb'.


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marks & spencer group plc (MKS:London)
BOARD MEMBERS AFFILIATED WITH Marc Bolland *
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Well some of you called it and some of you expected it and the Jags brought it.
The run defense showed some signs of hopefully what's to come. Some downs they were all over the run with big stops at or near the line of scrimmage and on others … Well, let's say we left some holes that a truck could drive through.
Consistency is something that takes time but the next four weeks are here and will be a big telltale sign for the season. Hopefully we can improve on the run and get through these next four games with two or three wins.
Brandon Marshall kept you on the edge of your seat after each catch, that's for sure! Boy, is he fun to watch. But we'll have to do a much better job of getting drives going and sustaining them to keep opposing offenses off the field over the next four weeks.
Manning, L.T and the Chargers, the Steelers and Favre are a BIG-BIG four weeks. So let's get fired up and behind the fellas and hopefully we get a bunch out of the films and start pulling it all together. Right?


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Apr/May 2011 Issue
Living Without's Favorite Books: Easy on the Waistline
Want to shed pounds without going hungry? Whether you're focused on bathing suit season or just healthier eating, Appetite for Reduction (DaCapo LifeLong) can help. This new book by well-known vegan author Isa Chandra Moskowitz is a winner for losers—weight losers, that is. With 125 vegan delights (no dairy or eggs), many of which are gluten free, soy free and nut free, Moskowitz offers delicious dishes that fill you up for under 450 calories a serving. There's no scrimping on nutrients or culinary creativity. Recipes were created with dietician Matthew Ruscigno to combine fresh, wholesome foods in delicious ways—Eggplant-Chickpea Curry, Upside-Down Lentil Shepherd's Pie. Welcome to low-fat meals that are satisfying and mouthwatering, too.


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Halloween Costumes
Adult Costumes / Womens Costumes / Classic Character Costumes / Sexy Indian Princess Adult Womens Costume
Sexy Indian Princess Adult Womens Costume
Item# 07135577
Ignite Halloween and send out some smoke signals when you wear this Sexy Indian Princess adult womens costume. The brown dress of this sexy womens costume features fringe trim and comes complete with a feather hair ornament, armband and faux fur boot covers.
- The Sexy Indian Princess adult womens costume includes:
- Dress
- Hair Piece
- Armband
- Boot Covers
- Flower and footwear not included
- Materials:
- 100% Polyester
- Wash/Care Instructions:
- Spot Clean Only
- Includes: dress with fringe trim, feather hair ornament, armband, fur boot covers
- Not included: flower, shoes
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Love it!
By Kim from Katy on 10/12/2013
Breathes Well, Comfortable, Easy To Put On, Fun To Wear, Stylish, Unique
Best Uses:
Costume Parties, Halloween, Just For Fun, Standing Out
Describe Yourself:
Adventurous, Comfort-Oriented
Was this a gift?:
Bottom Line:
Yes, I would recommend this to a friend
Comments about Sexy Indian Princess Adult Women's Costume:
Used as a costume for Halloween. Very comfortable and stylish.
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Sorry, Blackberry
In light of this, we wanted to find out more about what makes people choose one platform over the other. So we wrote up a smartphone survey, which received more than 2,000 responses.
We've included the specific questions and responses in the slides that follow.
Here are the key points:
Why folks choose one platform over another.


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Dena Rogers Hickman, age 42, of Hot Springs passed away Tuesday, September 24, 2013 at her home.
Viceil ŌĆ£VyŌĆØ Allen Shuffield, 92, of Miami, FL, formerly of Conway, AR and Jackson, TN, passed away peacefully on September 23, 2013 with her family by her side.
Funeral services for Michael Wayne Jones, age 57, of Hot Springs, Arkansas formerly of Malvern, Arkansas died Tuesday, September 24, at his residence.
Doyne OV ŌĆ£ArkieŌĆØ Williams, age 89, of Kansas City, MO entered heavenŌĆÖs gates on Friday, September 20, 2013.
Thomas ŌĆ£TomŌĆØ Oldham, 72, of Metropolis passed away on Sunday September 22, 2013 at his home.
Russell Furr age 82 of Friendship, AR died Thursday, September 19, 2013.
Where does one begin in understanding the consequences of war for the service member or their families? The only place you can begin with is ŌĆ£Thank you.ŌĆØ We thank them with full honesty in our hearts for the sacrifice and loss given. We also thank them with full appreciation for the gift given to us that retains our freedoms. Sometimes we feel that we havenŌĆÖt done enough or shown our appreciation enough to our veterans, especially when we find them homeless or improperly cared for in hospitals.
Have you met Rita Myers yet? Well, if you attend any of our churches in the area you probably will soon. I met her a year ago this month at a lunch held for the Malvern High School football team at a church I was attending. As we were putting the lunch together we became fast friends.
ŌĆ£Is he going to do it?ŌĆØ I prayed. ŌĆ£HeŌĆÖs at the 30, the 20, the 10, touchdown Bismarck!ŌĆØ screamed the announcer. Roaring from the Lion fans, stomping in the stands and the band coming to life set the whole stadium on fire. Nate Asher, Shelby Orr and the Bismarck football team had made the play of the night and the first home game touchdown was in the books. Thank you, Bismarck for giving me and my best friend another great moment in your community. We were jumping up and down, grinning like kids and celebrating with our adopted town.
Fred passed away September 17, 2013, in Mountain Home, Arkansas at the age of 64 after a hard fought battle with head and neck cancer.


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COLUMBIA — It may not have amounted to much, but Monday's snowfall was the first to stick in Columbia and more nasty weather may be coming.
Snowfall causes minimal problems for city, residents
Monday, December 1, 2008 | 5:55 p.m. CST;
updated 10:06 a.m. CST, Tuesday, December 2, 2008
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