text:
CARLSBAD 5000: Winds slows elite champions
Defar falls short of women's world record, still wins race handily
CARLSBAD --- Meseret Defar came to Carlsbad searching for another world record.
Mother Nature and personal emotions got in her way.
Defar, who had a world-record run here four years ago, became the first three-time women's elite champion for the Carlsbad 5000 on Sunday when she capped a day of road racing with another championship performance under cool, breezy conditions.
"My feeling was good, and my body was not tired, but when I came across the finish line and saw the time, I was disappointed," said Defar, who still won in convincing fashion with a time of 15 minutes, 4 seconds over Carlsbad's 3.1-mile seaside course. "I thought I could get a world record, but the wind was not too good."
Whether it was Defar, a five-year veteran of the Carlsbad 5000, or first-year runner Eliud Kipchoge of Kenya, who won the men's elite race with the fourth-fastest winning time in event history, the wind played a role in their respective races.
"This course is perfect," Kipchoge said after making his first Carlsbad 5000 test a winning one with his time of 13:11 in the men's invitational race. "But I can't control the nature."
Defar and Kipchoge were both champions on a day that saw almost no sun, but had a persistently annoying wind that seemed to have no sense of direction at times throughout the morning.
"From the first mile, I wanted to go out," said Kipchoge, 25. "But the wind was too much. It was saying, 'No, no.' "
Defar, 26, was making a bid to surpass her world-record road-race performance of 14:46 set here in 2006, despite the fact she had not raced in Carlsbad the previous two years.
"It was windy the first kilometer, and it was a little bit fast (2:47), and after that it was a bit more windy," said Defar, who followed up her record performance in 2006 with another win in 2007. "But it's not that big a disappointment. It's my own record."
Defar, defending champion Aheza Kiros and Meskerem Assefa, all from Ethiopia, came around the first turnaround together along Carlsbad Boulevard before Assefa dropped off the pace. After Defar passed two miles in 9:41, she increased her lead over Kiros to the point where Defar had an 11-second lead at the final 180-degree turnaround near the Army-Navy Academy.
"I tried to go at her pace, but she was faster," said Kiros, whose runner-up time was 15:26. "The pace was too hard. I knew I was racing for second."
Assefa completed the Ethiopian sweep with a third-place showing of 15:56.
Canadian Malindi Elmore of the Calgary Athletic Club placed fourth in 16:01, and right behind was Poland's Kaolina Jarzynska in 16:05.
Defar made her Carlsbad debut in 2003, when she placed fifth. The biggest difference between then and now?
"When coming here the first time, Mike Long was here, and now I am very sad," said Defar, referring to the long-time elite athletes recruiter for the Carlsbad 5000 and the Rock 'n' Roll Marathon who died in July 2007. "He was a great man, and a great supporter of athletes. He is not here, and I am very sad for that.


text:
Start your search today!
This award is for U.S students who are accepted to Central Bible College, MO as a first time freshmen or transfer student. The student must have participated in the Assemblies of God Bible Quiz program.
Please note: Although the application deadline for this award has passed, we wanted you to know about this award as a possibility for next year. Often, scholarship providers offer similar scholarships each year. This award is scheduled to be updated within the next few months. Please check back for more information at a later date.
Wait, There's More!
- Awarded by:
- Central Bible College
Award Amount:
Awards are disbursed at three levels based on the recipients grade point average. Recipients with a grade point average of 3.25 or higher receive the Platinum award of up to $1,050 per semester. Recipients with a minimum grade point average of 3.0 receive the Gold award of up to $875 per semester. Recipients with a minimum grade point average of 2.75 receive the Silver award of up to $700 per semester. Awards are renewable for up to a total of eight semesters providing the student continues to meet the eligibility requirements.
- Recipients:
- The number of awards varies according to the number of eligible students.
Deadline Info:
To apply, students must apply for admission to Central Bible College (CBC) and complete the Bible Quiz Scholarship Application. Interested students must contact Central Bible College admissions by pho... Sign up for full scholarship deadline information.

subset: commoncrawl


text:
National Book Festival Image
Related Resources at the Library
At the 2015 National Book Festival
Anna Dewdney lives "in a big old house in Vermont with two scruffy dogs." In addition to writing, she spends much of her time sketching and painting. Her advice to anyone who wants to be a writer: "Don't give up your day job. It took me 20 years of very hard work to convince a publisher to publish my writing. But I never gave up, because writing and illustrating children's books was the only thing (besides being a mom) that I ever really wanted to do." Dewdney is the author of the Llama Llama series, the newest title being "Llama Llama Time to Share" (Penguin/Viking Juvenile).


text:
Solo piano piece with jazz cocktail lounge feel. Great for elegant, classy background music.
WAV file available upon request.
EXPLORE SIMILAR TRACKS – click link: http://audiojungle.net/collections/4499932-love-romance
YouTube users: to clear any copyright claims on your videos (including monetized videos), simply visit: http://adrev.net/contact-us , enter your details and video link and copy/paste the contents from your purchased License Certificate into the message box. Claims are removed within 24 – 96 hours.


text:
AUSTIN Edward Snowden says the National Security Agency is 'setting fire to the future of the Internet' with the clandestine tech snooping program he exposed last year and the tech community needs to help 'fix' it.
In his first direct address to an American audience Monday, the fugitive NSA contractor told an audience of several thousand people attending the South by Southwest conference he had no regrets about his decision to leak thousands of secret documents.
'Would I do it again? Absolutely. Regardless of what happens to me, this is something we had a right to,' Snowden said via teleconference from Russia, where he has been granted asylum.
'I took an oath to support and defend the Constitution,' said Snowden, whose choppy video feed was the result of it being relayed through seven proxy computer servers to hide his exact location.
'I saw the Constitution was being violated on a massive scale,' he said, to thunderous applause from about 3,000 people at the Austin Convention Center.
'South by Southwest and the tech community, the people in the room in Austin, they're the folks who can fix this,' said Snowden, with a copy of the U.S. Constitution as a backdrop. 'There's a political response that needs to occur, but there's also a tech response that needs to occur.'
Part of the tech solution, he said, is better awareness among Internet users and enhanced security products to shield their online information from prying eyes. Snowden made a key distinction between government surveillance and snooping by private Internet companies. He said he considers government surveillance more insidious because 'the government has the ability to deprive you of rights. They can jail you.'
Governments 'have police powers, have military powers, have intelligence powers. They can literally kill you,' Snowden said.
The hour-long session was hosted by the ACLU and live-streamed by the Texas Tribune, a non-profit media organization. Snowden was interrupted several times by applause and was given a standing ovation by many after the session.
Snowden took questions from Twitter. The first came from Tim Berners-Lee, who created the World Wide Web 25 years ago this week. Berners-Lee asked Snowden what he would change about the nation's surveillance system.
'We need public oversight ... some way for trusted public figures to advocate for us,' Snowden said. 'We need a watchdog that watches Congress, because if we're not informed, we can't consent to these (government) policies.'
Allowing 'the NSA to continue unrestrained' it gives a 'green light' to other countries, he added.
Join the Conversation
To find out more about Facebook commenting please read the Conversation Guidelines and FAQs
Snowden says NSA is 'setting fire' to Internet's future
NSA leaker Edward Snowden is getting ready to speak at this year's South By Southwest Interactive Festival.
AUSTIN Edward Snowden says the National Security Agency is 'setting fire to the future of the Internet' with the clandestine tech snooping program he exposed last year and the tech community needs to help 'fix' it.


text:
Shop now and get Free Value Shipping on most orders over $49 to the contiguous 48 states, DC and to all U.S. Military APO/FPO/DPO addresses.
We want to ensure that making a return is as easy and hassle-free as possible! If for any reason you decide that your purchase just isn't for you, simply return the item within 30 days of receipt and we'll cover the cost of return shipping. Learn more about our Return Policy.
We've got great deals on the ASP Rechargeable Lithium Ion Battery as part of our huge selection of ASP products! Our store has the discount prices you need and the products you want, with top name brands like ASP and many others. If it's tactical or optical, if it was made for the military or made for the outdoors, if it's built to mil-spec standards or hard-anodized finished, if it's designed to take on the harshest conditions - it's just the kind of gear we specialize in! We back all our sales with top-notch customer support and the know-how of in-house product experts who can help you find precisely what you need - and we offer free economy shipping options. Our store is the number one online source for buying terrific gear like ASP Rechargeable Lithium Ion Battery.
The ASP Lithium Ion Rechargeable Battery 53030 is guaranteed to be an incredibly long lasting way to power your devices.
Connect with OpticsPlanet
Become our fan, follow us, & subscribe for the latest updates and deals
Subscribe to our email list
Sign up and receive $5 Off and get exclusive access to promotions, sales
events, pre-order sales & more!
Contact Information
Toll-Free: 800-504-5897
Intl.: 847-513-6201
Fax: 847-919-3003
Email: email@example.com
Hours of Operation
8AM-7PM CST Mon-Fri
9AM-5PM CST Sat
9AM-5PM CST Sun (Email & Chat Only)
Our Guarantees


text:
Daniel Juncadella may see the seat of an F1 car soon.
Two people were injured after a freak-accident in Italy earlier today.
"Not now. With my limitations, it is impossible, but maybe one day I will be there again," Kubica said.
Paul di Resta admits he has "nothing yet" lined up with DTM employer Mercedes' F1 programme.
Old Mercedes Chief is returning to motor racing.
Paul di Resta and Anthony Hamilton have settled their legal dispute.
Could Vitaly Petrov continue his career behind the wheel of a DTM car?
Daniel Juncadella will attend all races with the team and take part in several Friday practice sessions.
Having lost his Force India seat, Scot di Resta, 27, is returning to the German touring car series with Mercedes
After failing to re-sign with Force India F1 for 2014, the Scot returns to DTM.
Vodafone McLaren Mercedes Formula One test driver and Mercedes-Benz DTM pilot Gary Paffett is the latest guest to be confirmed for Europe's largest motorsport show, Autosport International.
Paul di Resta to DTM?
The Williams seat is gone, but Vitaly Petrov is still talking with three teams, as the pinnacle of motor racing remains his top priority.
Apparently there is potential buyer for the fabled German circuit.
Toto Wolff has admitted Felipe Massa is a candidate to move into DTM in 2014.
The Brazilian broke the news earlier that he was out of Ferrari next year, but he is looking at possible move to the DTM series.
New talk in the Formula One paddock includes BMW, and their possible return
Critics often cite women's inferior physical strength as an obstacle, but Susie Wolff told Observer, that Vettel isn't big and muscular guy too.
Mercedes already has cars that compete in GT and endurance series and question is will they built a prototype for Le Mans in the future? IndyCar entry would probably be Mercedes engines if they do elect to go that route.
"Any team would love to have a Robert Kubica" - Toto Wolff
Coulthard: But I know from personal experience how hard it is to compete against these DTM guys.
Robert Kubica was not on the list of the DTM drivers announced by Mercedes on Wednesday.
Former Renault 'crash-gate' conspirator Pat Symonds was allowed to return to Formula One last year, and now he is with the Marussia team.


text:
Latest Hair weave Stories
In celebration of their twentieth anniversary, Premierlacewigs.com launched a Monthly Free Wigs Giveaway.
Hair Fairy satin pillowcases customize generations-old hair solution just for girls; each pillowcase includes adorable Harriet doll Seattle, WA (PRWEB) November
Television Personality and Style Maven Angela Simmons to Represent Beautiful Textures, the Leading Innovator in Hair Care for Women of Color SAVANNAH, Ga., July 29, 2014 /PRNewswire/
Recently, EQhair.net has announced its deep wave Brazilian virgin hair extensions, and received many positive customer reviews for these products. (PRWEB) January
Recently, EQhair.net has announced its curl Brazilian virgin hair wefts; the company will bring more new designs for its customers soon as well. (PRWEB) January
Recently, EQhair.net, a reliable hair weave manufacturer and supplier has announced its silk straight Brazilian virgin hair wefts. (PRWEB) January 17, 2014
Recently, EQhair.net, a reliable hair weave manufacturer, wholesaler and retailer, announced its deep wave Filipine virgin hair wefts. (PRWEB) January 13, 2014
EQhair.net, a leading hair extension wholesaler and retailer, has released its clip in hair extensions for the global market, and launched a hair product promotion to acknowledge the customers.
Recently, EQhair.net, a long-lasting supplier of hair weaves, has happily announced its new designs of Brazilian virgin hair extensions. (PRWEB) January 07,
Recently, EQhair.net, a leading hair weave manufacturer and retailer, announced its new products of loose wave Philippines virgin hair extensions (
- The parings of haberdine; also, any kind of fragments.


text:
While your saved lists are no longer available, we promise it will be worth the wait!
Email Address is required.
Email Address is invalid.
Password is required.
Password must be at least 6 characters.
Your email and/or password aren't in our records. Please try again.
Oops! Something went wrong with signing in.
First Name is required.
First Name contains invalid symbols.
Your email is already in our system.
Hmm…that password was not recognized.
Oops! Something went wrong with registration.
I understand and agree to the Privacy Policy and Legal Message
Sorry! We can't find that email address.
This savory and peppery marinade for steak is balanced perfectly with sweet balsamic vinegar.
1 package McCormick® Grill Mates® Peppercorn & Garlic Marinade
1/4 cup water
1/4 cup vegetable or olive oil
2 tablespoons balsamic vinegar
1 teaspoon McCormick® Thyme Leaves
2 pounds New York strip, rib-eye or sirloin steaks (about 1-inch thick)
Mix Marinade Mix, water, oil, vinegar and thyme in small bowl. Place steaks in large resealable plastic bag or glass dish. Add marinade; turn to coat well.
Refrigerate 15 minutes or longer for extra flavor. Remove steaks from marinade. Discard any remaining marinade.
Grill over medium-high heat 6 to 8 minutes per side or until desired doneness.
(Amount per serving)


text:
Living and Working in Norway
InterNations worldwide » Norway expats » Norway Guide
David Hicks
Living in Norway, from Australia
"Thanks to my network on InterNations, I already had some contact persons to ask for support on coming to Oslo. "
Amelie Barreau
Living in Norway, from France
"Enjoying the great spirit of our InterNations' Oslo Community for the last few months, I am absolutely convinced of the vision to bring people from different nations together."
InterNations - a trusted Network & Guide for Expats in Norway
- Join our community and get to know members of Norway's vibrant expat community
- Receive reliable information and exchange insider tips about the Norwegian expat living
- Meet fellow expatriates at top InterNations events in Oslo, Tromsø and many other regions
The InterNations Expat Guide for working and living in Norway
Are you an expat working and living in Norway? Or are you preparing to move soon to Oslo, Tromsø or any other of the Norwegian international hotspots?
Expat life in Norway has much to offer and provides a great intercultural experience – from discovering the countryside like the "Stor-Oslo-regionen" to the south, learning how Norwegian people celebrate Grunnlovsdagen, up to tasting Norway's favorite dishes such as lutefisk.
We certainly provide other expat communities than our members in Norway with useful information on everyday life. Our guide features a range of topics, from living in Sweden to living in Mexico.
Norway Expat Locations
Kaffebrenneriet Skovveien
Restaurants & Nightlife
Una Bryggeri & Kjøkken
Restaurants & Nightlife
Cafe Sør
Restaurants & Nightlife
Cornelius Restaurant
Restaurants & Nightlife
Restaurants & Nightlife
Bølgen & Moi
Restaurants & Nightlife
Club BLÅ
Restaurants & Nightlife
Club Mango
Restaurants & Nightlife
Working and living in Norway – Valuable Information from A to Z
Moving to and living in Norway requires a wealth of up-to-date, trustworthy information on various aspects of Norwegian expat life. Living abroad in Norway raises a lot of questions such as: ʺHow do I find the best relocation services for moving to Norway?ʺ, ʺWhat does "Janteloven" mean?ʺ, ʺWhich international school in Oslo should our kids attend?ʺ or, ʺHow do I obtain a work permit for my spouse at the Norwegian municipality in Bergen?ʺ
Collecting all that information on working and living in Norway is quite laborious and time-consuming. Our InterNations Expat Guide for Norway aims to help you and provides you with reliable info on those topics that matter to expats living in Norway. The Guide includes information on many different areas ranging from sports and leisure, to local infrastructure or health-care, up to travel & accommodation. Typical questions related to expat life abroad, such as ʺCan anybody help me find an English-speaking counselling service in Stavanger?ʺ, will no longer remain unanswered.
InterNations provides you with more info than just for Norway. We also tell you all about living in Brazil or living in New Zealand, to name but a few expat hotspots.
Tips on living and working in Norway –
From telecommunication providers to special food stores
Moreover, our expat directory for Norway includes recommended listings of expat institutions and relocation services, e.g. telecommunication providers or special food stores. As a member, you'll also be able to share your experiences of living abroad in Norway with your fellow expats on the InterNations Forum. We are looking forward to welcoming you with a heart-felt Velkomen from our expats living and working in Norway.
City Guides for Communities in Norway
Click on the map to find communities worldwide:


text:
Saturday, December 14, 2013
New guidelines for sentencing sex offenses promulgated in the UK
This notable new story from across the pond, headlined "Sex offences sentencing overhaul: More emphasis on long-term impact on victims as celebrities have fame used against them," highlights that sentencing rules in other nations also often get ratcheted up following public concern about too lenient sentences in high-profile cases. Here are the basics:
Celebrities who commit sex-offences could see their public image used against them when being sentenced as part of an overhaul of decade-old sentencing guidance for judges in England and Wales. Sex-offenders who are considered to have abused their position of power may be handed longer jail sentences when the guidelines come into effect in April 2014.
Previous "good character" may be considered as an aggravating factor when it has been used to commit a sexual offence, new guidelines drawn up by the Sentencing Council said. The guidelines cover more than 50 offences including rape, child sex offences and trafficking and focus more on the long-term and psychological impact on victims than the previous 2004 guidelines. They also introduce a higher starting point for sentences for offences such as rape of 15 years.
The new guidance was drawn up by the Sentencing Council after a public consultation and research was undertaken with victims groups, medical practitioners, police, NGOs, magistrates and judges. "Across the justice system, changes have been made to ensure that the alleged offenders' behaviour and the context and circumstances of the incident are scrutinised, rather than the credibility of the victim," Chief Constable David Whatton, national policing lead for violence and public protection, said....
The guidelines come following a series of high-profile sex offence cases, including revelations about disgraced TV presenter Jimmy Savile, that lead to high numbers of sex attack victims coming forward. Cases involving grooming gangs in Rochdale and Oxford separately raised questions about social care and attitudes held towards victims....
While the Sentencing Council can recommend a starting point, offenders can still only receive the maximum sentence available at the time the offence was committed.
December 14, 2013 in Advisory Sentencing Guidelines, Sentencing around the world, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (2) | TrackBack
Wednesday, December 11, 2013
Massachusetts Supreme Judicial Court suggests gender is important consideration for placement on state sex offender registry
This AP article, headlined "Mass. court overturns escort's sex offender label," reports on a very interesting ruling today by the top state court in Massachusetts. Here are the basics:
The state's highest court on Wednesday overturned the classification of a former escort service manager as a low-level sex offender, finding that the state's Sex Offender Registry Board should have considered research showing women are less likely than men to commit new sex offenses.
The woman, who wasn't identified in the court's ruling, pleaded guilty in 2006 to federal charges stemming from her management of an escort service from 2000 to 2002, including one count of transporting a minor to engage in prostitution and one count of sex trafficking of children. She served 17 months in prison while awaiting trial before pleading guilty.
In 2008, the woman requested funds to hire an expert witness, arguing that the board's guidelines didn't encompass scientific research on female sex offenders. Her request was rejected by the board. A hearing officer eventually found that she should be classified as a level one sex offender, the lowest level of offender, considered the least likely to reoffend and the least dangerous....
In its ruling Wednesday, the SJC agreed with the woman that the hearing examiner abused his discretion by denying her request for funds for an expert witness who could testify on the subject of how infrequently female sex offenders commit new crimes when compared with men. "We conclude that it was arbitrary and capricious for (the board) to classify Doe's risk of re-offense and degree of dangerousness without considering the substantial evidence presented at the hearing concerning the effect of gender on recidivism," Justice Barbara Lenk wrote for the court....
The court also said the board is required to ensure that its guidelines are based on "the available literature."
"We do not purport to suggest a frequency with which the guidelines must be updated, but caution that guidelines that fail to heed growing scientific consensus in an area may undercut the individualized nature of the hearing to which a sex offender is entitled, an important due process right," Lenk wrote.
I was able to access the full text of the opinion in Doe v. Sex Offender Registry Board, No. SJC-11328 (Mass. Dec. 11, 2013), at this link.
December 11, 2013 in Collateral consequences, Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Race, Class, and Gender, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (18) | TrackBack
Monday, December 09, 2013
Ins't home confinement for only three months and a small fine insufficient punishment for a felony false imprisonment charge?
The question in the title of this post is my reaction to this new CNN report headlined "Ex-San Diego Mayor Bob Filner sentenced to home confinement, fines." Here are the details:
Former San Diego Mayor Bob Filner was sentenced Monday to 90 days in home confinement, three years probation, and a series of fines totaling about $1500 as part of a plea deal.
The 71-year-old pleaded guilty in October to kissing or grabbing three women at campaign events or at City Hall -- one a felony false imprisonment charge, the other two misdemeanor battery charges. The three women were among 19 who accused him of offensive behavior during his tenure as mayor and as a congressman....
GPS monitoring will track his whereabouts during his confinement. He'll be allowed to go out for medical and therapy appointments, religious services, and meetings tied to his probation. He'll also be allowed to leave his apartment but stay within the apartment complex....
[T]he prosecution said Filner's behavior harmed the women and the city. Referring to the three women as Jane Does 1, 2, and 3, the state said Filner humiliated, scared, embarrassed, sexualized and devalued them. Prosecutors also noted that after taking part in two weeks of treatment earlier this year, Filner still denied his crimes "and insisted that he was the victim of a lynch mob."
Filner's attorneys said they did not dispute any of the facts stated by the prosecution. None of the victims chose to be in court for the sentencing.
The felony charge said Filner used force to restrain a woman at a fund-raising event March 6. The misdemeanor charges say he kissed a woman on the lips without her consent at City Hall on April 6 and grabbed a woman's buttock after she asked to have her picture taken with him at a rally on May 25....
Under the plea deal, which was announced in October, Filner would be prohibited from ever seeking or holding public office again, the attorney general's office said. Filner also would not be able to vote, serve on a jury or own a firearm while on probation. Filner also will have to give up pension credit for his time in the mayor's office after March 6, the date of the first offense.
I am not intimately familiar with all the details of all the unlawful intimate and too-familiar behavior of the former mayor of San Diego. But the fact that this plea deal included a felony count proposed by state prosecutors and accepted by the state court judge suggests that many responsible folks think Filner should be foreover branded a felon. In light of that conclusion, I have a hard time seeing the "slap on the wrist" punishment here to be reasonably sufficient, especially if prosecutors had solid evidence that Filner abused more than a dozen women and that "Filner humiliated, scared, embarrassed, sexualized and devalued" his many victims.
I am not sure if this (seemingly too) lenient sentence for Filner was baked into the plea deal or the result of a sentencing judge not being too troubled by Filner's many crimes. Whatever the reality, if the victims truly suffered the way the prosecutor asserted, I am sorry for them that they were not there to speak at Filner's sentencing and that their harm may seem disvaluaed by this outcome. That said, perhaps many of Filner's victims are mostly interested in a huge tort payday, so maybe at least some of them are content with Filner having resources to pay them in a civil suit rather than a huge fine to the state as part of his punishment.
December 9, 2013 in Scope of Imprisonment, Sex Offender Sentencing, Victims' Rights At Sentencing, Who Sentences? | Permalink | Comments (14) | TrackBack
Monday, December 02, 2013
Another preview of Paroline via the New York Times
As I noted in this post a few weeks ago, oral argument in the fascinating Supreme Court case of Paroline v. United States is not until January. But the parties' opening briefs, all of which are now in and are available via SCOTUSblog on this Paroline case page, already provide a full review of the challenging issues that restitution sentences for child porn downloading victims presents for the Justices. Adam Liptak in this new New York Times piece, headlined "Evaluating the Liability of Viewers of Child Pornography," effectively reviews the issues and arguments now before the Justices in Paroline:
The notices arrive almost every day. They tell a young woman named Amy, as she is called in court papers, that someone has been charged with possessing child pornography. She was the child. "It is hard to describe what it feels like to know that at any moment, anywhere, someone is looking at pictures of me as a little girl being abused by my uncle and is getting some kind of sick enjoyment from it," Amy, then 19, wrote in a 2008 victim impact statement. "It's like I am being abused over and over and over again."
Next month, the Supreme Court will consider what the men who took pleasure from viewing Amy's abuse must pay her. Images of Amy being sexually assaulted by her uncle are among the most widely viewed child pornography in the world. They have figured in some 3,200 criminal cases since 1998.
Amy is notified through a Justice Department program that tells crime victims about developments in criminal cases involving them. She has the notifications sent to her lawyer. There have been about 1,800 so far. Her lawyer often files a request for restitution, as a 1994 law allows her to do. Every viewing of child pornography, Congress found, "represents a renewed violation of the privacy of the victims and repetition of their abuse."
Amy's losses are in most ways beyond measure, but some of them can be calculated in dollars. She has found it hard to hold down a job. She needs a lifetime of therapy. She has legal bills. Her lawyers say it adds up to about $3.4 million. The question for the justices is how to allocate that sum among the participants in the sordid marketplace for pictures of her.
One of those men is Doyle R. Paroline, who was caught with 280 images of children, including toddlers, being sexually abused. Two of the pictures were of Amy. The 1994 law allows victims of child pornography to seek the "full amount" of their losses from people convicted of producing, distributing or possessing it, and Amy asked the United States District Court in Tyler, Tex., to order Mr. Paroline to pay her the full $3.4 million....
Mr. Paroline was sentenced to two years in prison, but the trial judge, Leonard Davis, did not order him to give Amy anything. The link between Amy's losses and what Mr. Paroline did, Judge Davis said, was too remote. The United States Court of Appeals for the Fifth Circuit, in New Orleans, disagreed and awarded Amy the $3.4 million she sought. Mr. Paroline should pay what he could and seek contributions from his fellow wrongdoers if he thought it too much, the court said, relying on the legal doctrine of "joint and several" liability....
Mr. Paroline said the ruling was deeply unfair. "An award of $3.4 million against an individual for possessing two images of child pornography is punitive and grossly disproportionate to the offense conduct," he told the Supreme Court. Requiring him to seek payment from his fellow sex offenders, he added, "would create a procedural nightmare."
Amy's lawyers countered that it should not be her burden to pursue her abusers over "decades of litigation that might never lead to a full recovery." She has received restitution in 180 cases so far, she told the justices, and has recovered a little more than 40 percent of her losses.
The Justice Department took a middle ground before the Supreme Court, saying that Amy deserved something from Mr. Paroline, but that $3.4 million was too much. The right amount, the department's lawyers said, was "somewhere between all or nothing." They did not specify what Mr. Paroline's share might be, saying the trial court should decide.
A few prior posts on Paroline:
- SCOTUS grants cert on challenging child porn restitution issues that have deeply split lower courts
- Gearing up for Paroline with a short "Child Pornography Restitution Update"
December 2, 2013 in Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Sex Offender Sentencing, Victims' Rights At Sentencing, Who Sentences? | Permalink | Comments (10) | TrackBack
Tuesday, November 26, 2013
Intermediate NJ appeals panel upholds broad restriction on released sex offender access to social media websites
As reported in this AP article, headlined "NJ panel: Sex offenders can be kept off Facebook," a New Jersey appeals panel handed down today a notable opinion upholding a notable restriction on computer use by released sex offenders. Here are the basics:
A New Jersey appeals court has ruled that paroled sex offenders can be barred from Facebook, LinkedIn and other online social networks.
Two offenders had gone to court to challenge that restriction, saying social networks are important ways to get news, information and find business opportunities.
However, a three-judge panel ruled Tuesday that the offenders can be kept off social network as a term of parole. The judges said they agree that the networks are an important facet of modern life, but said there is a good reason to keep convicted sex offenders off them. "The provisions are legitimately aimed at restricting such offenders from participating in unwholesome interactive discussions on the Internet with children or strangers who might fall prey to their potential recidivist behavior," Judge Jack Sabatino said in his opinion. He noted that the parolees can still get news and buy products online.
The ruling referenced in this article is partially available at this link, and here are excerpts from the start of the opinion:
Appellants J.B., L.A., B.M., and W.M. are individuals who have been convicted of sexual offenses, have completed their respective prison terms, and are now being monitored by respondent New Jersey State Parole Board (the "Parole Board") as of fenders who are subject to either parole supervision for life ("PSL") or its statutory predecessor, community supervision for life ("CSL"). Represented by the same attorney, appellants challenge the constitutionality of certain terms of supervision the Parole Board has imposed upon them. Similar conditions have been imposed on other offenders subject to CSL or PSL, although appellants have not filed a class action.
The terms of supervision mainly being challenged in these related appeals are (1) the Parole Board's restrictions on appellants' access to social media or other comparable web sites on the Internet; and (2) the Parole Board's authority to compel them to submit to periodic polygraph examinations....
For the reasons that follow, we reject appellants' facial challenges to the Internet access restrictions, subject to their right to bring future "as-applied" challenges should they avail themselves of the Parole Board's procedures for requesting specific permission for more expanded Internet access and are then denied such permission.
I expect the defendants here may be eager to appeal this matter to the NJ Supreme Court and maybe even the US Supreme Court, especially since it appears that the internet use restrictions upheld here are set to last a lifetime. And though this case might not be the best vehicle, I suspect that SCOTUS will eventually have to consider what restrictions can be poperly place on internet access for released offenders.
November 26, 2013 in Collateral consequences, Criminal Sentences Alternatives, Reentry and community supervision, Sex Offender Sentencing, Technocorrections, Who Sentences? | Permalink | Comments (14) | TrackBack
Friday, November 22, 2013
Gearing up for Paroline with a short "Child Pornography Restitution Update"
Through oral argument in the fascinating Supreme Court case of Paroline v. United States is still a couple months away, it is not too early to start thinking about the range of challenging issues restitution sentences for child porn downloading victims presents for the Justices. One way to gear up, of course, is to review the parties opening briefs, all of which are now in and are available via SCOTUSblog on this Paroline case page.
Another effective way to start gearing up would be to read this short piece available now on SSRN titled simply ""Child Pornography Restitution Update" and authored by Mary Leary and James Marsh (who represents a victim seeking restitution). Here is the abstract:
This article discusses the issue of restitution for victims of child pornography cases. It specifically explores the legal background to this issue, relevant court opinions, and implicated statutes (18 U.S.C. §§ 2259; 3771) regarding the ability of child pornography victims to obtain restitution from those who possessed child pornography images, also known as images of child sexual abuse. The article addresses the current circuit split and pending Supreme Court case, Paroline v. United States. In addition to an analysis of the judicial opinions, this piece also discusses several policy initiatives available to address the issue.
November 22, 2013 in Fines, Restitution and Other Economic Sanctions, Procedure and Proof at Sentencing, Sex Offender Sentencing, Victims' Rights At Sentencing, Who Sentences? | Permalink | Comments (4) | TrackBack
Wednesday, November 20, 2013
"Sex offender offers to castrate himself for lighter sentence"
The title of this post is the headline of this new Boston Herald article, which gets started this way:
A convicted child-sex offender facing more than 40 life sentences in a rash of alleged rapes and assaults at a Wakefield child-care center is offering to undergo a "physical castration" to reduce his sex drive in return for a "massive" reduction in his sentence, his lawyer said.
John Burbine, 49, a Wakefield resident before he was arrested in September 2012, is asking prosecutors or the judge in his case if they would be willing to cap his sentence at the legal minimum of 15 years in prison if he agrees to voluntarily undergo a castration "preventing production of testosterone," his lawyer William J. Barabino said. "We would do it only if it results in a massive reduction in sentence," Barabino told the Herald last night.
He told the judge in a court motion the procedure is effective in producing "a drastic reduction or complete discontinuation in sexual urges and sexual function, due to the inability to produce testosterone," and is "an accepted method of treating certain types of abnormal sexual behavior, such as pedophilia."
Barabino will make his pitch this morning in Middlesex Superior Court. He said prosecutors have already indicated informally they are not interested in the deal.
The Wakefield defense lawyer said he expects a formal reply in court and still hopes the judge might consider authorizing the proposal. His actual motion calls for a therapist to ensure Burbine can make an informed decision on the medical procedure.
November 20, 2013 in Criminal Sentences Alternatives, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (9) | TrackBack
Tuesday, November 19, 2013
"Sex Trafficking Court Holds Hope for the Oft-Blamed"
The title of this post is the title of this notable short essay by Mary Leary now available via SSRN. Here is the abstract:
This opinion piece which appeared in the National Law Journal explores the State of New York's Human Trafficking Initiative. This Initiative creates nine Human Trafficking Courts which seek to identify arrestees who may, in fact, be victims of human trafficking and provide them with necessary services. The column discusses the benefits of this approach to sex trafficking and encourages other jurisdictions to pursue similar models. Of particular note is the multi-disciplinary approach to this complex issue as well as the initiative's recognition that each case must be reviewed on its own merits. The piece concludes with a word of caution regarding the need to work out important details of the scope of the program.
November 19, 2013 in Offender Characteristics, Offense Characteristics, Procedure and Proof at Sentencing, Sex Offender Sentencing, Victims' Rights At Sentencing | Permalink | Comments (2) | TrackBack
Tuesday, November 12, 2013
Sixth Circuit upholds dismissal of indictment with new mandatory minimum charge based on on prosecutorial vindictivenessLast week, in a decision I have been meaning to blog about given recent blog debate over federal prosecutorial discretion, the Sixth Circuit upheld a district court's decision to dismiss an indictment in a child pornography downloading case based on prosecutorial vindictiveness. The ruling in US v. LaDeau, No. 12-6611 (6th Cir. Nov. 4, 2013) (available here), highlights my concern about the potential misuse of federal prosecutorial charging discretion, while also revealing that judges are not without some mechanisms to try to check prosecutoral abuses of power. Here is how the unanimous panel ruling in LaDeau starts:
Defendant Daniel Bruce LaDeau was indicted on a single count of possessing child pornog raphy, in violation of 18 U.S.C. § 2252A(a)(5)(A). This charge prescribed a sentencing range of zero to ten years' imprisonment. Subsequently, LaDeau moved to suppress the evidence that he had any such materials in his possession. After the district court granted LaDeau's motion to suppress, the government sought and obtained a superseding one-count indictment charging LaDeau with a conspiracy offense based on evidence that had been in the government's possession since before the initial indictment. But rather than charging LaDeau in the superseding indictment with conspiring to possess child pornography, the government chose to charge him with conspiring to receive child pornography — a charging decision that subjected LaDeau to a five-to-twenty-year prison term instead of the previously applicable statutory range of zero to ten years. Defendant LaDeau then moved to dismiss the superseding indictment. The district court agreed with LaDeau that the government's decision to change to a receipt theory warranted a presumption of prosecutorial vindictiveness, inasmuch as there was a realistic likelihood that LaDeau was being charged with a more serious offense in retaliation for his successful suppression motion. Concluding that the government had not rebutted the presumption of vindictiveness, the district court dismissed the superseding indictment. The government filed this appeal. Because the district court did not abuse its discretion in dismissing the superseding indictment, we affirm.
November 12, 2013 in Procedure and Proof at Sentencing, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (3) | TrackBack
Thursday, November 07, 2013
State judge in Pennsylvania finds lifetime sex offender registration for juve offenders unconstitutional
As reported in this local article, "a York County judge has ruled unconstitutional a two-year-old Pennsylvania law that imposes lifetime registration requirements on juvenile sex offenders." Here is more:
Senior Judge John C. Uhler issued his ruling against the juvenile registration provisions of the Sexual Offender Registration and Notification Act while weighing the cases of seven county teens adjudicated as having committed serious sex crimes.
Uhler found that the registration mandate "unconstitutionally forecloses a court's considerations of the many unique attributes of youth and juvenile offenders" under age 18 and improperly treats them the same as adult sex offenders. SORNA, as the act is known, also doesn't take into account the greater capacity juvenile offenders have to reform, he noted.
The state law was passed by the Legislature in late 2011 to comply with a federal law, the Adam Walsh Act. The state faced a loss of federal funding if it didn't adopt a measure compatible with the Walsh Act.
Uhler's ruling is in reply to a challenge mounted on behalf of the seven York County youths by the county public defender's office, the Juvenile Law Center and the Defender Association of Philadelphia. The children involved were subject to registration after being found to have committed crimes including rape, involuntary deviate sexual intercourse and aggravated indecent assault. They were ages 14 to 17 when the offenses occurred.
In a statement issued Thursday, officials of the Juvenile Law Center and the defender association called Uhler's decision a "landmark ruling."
"It is our hope that this decision will result in similar findings across the commonwealth," said Riya Saha Shah, a staff attorney with the law center. "To impose this (registration) punishment on children is to set them up for failure."
County Chief Deputy Prosecutor Tim Barker said his office is reviewing Uhler's decision for a possible appeal to the state Supreme Court. A decision is expected next week, he said. "We're thoroughly going through everything," Barker said.
Cumberland County District Attorney David Freed, president of the Pennsylvania District Attorney's Association, predicted an appeal is likely. Prosecutors are well aware of arguments for and against the juvenile sex offender registration requirement, he said. "I'm not surprised that the judge would rule this way," Freed said. "We'll see what happens in the appeals courts."
The full 40+ page ruling reference here is available at this link, which I found via this helpful page from the helpful folks at the Juvenile Law Center.
November 7, 2013 in Assessing Graham and its aftermath, Assessing Miller and its aftermath, Collateral consequences, Criminal Sentences Alternatives, Offender Characteristics, Reentry and community supervision, Sex Offender Sentencing | Permalink | Comments (8) | TrackBack
New Michigan law adds to number of states requiring registered sex offenders to pay yearly feeThis local article report on yet another notable extra bit of punishment now for sex offenders in Michigan. The piece is headlined "Sex Offenders Will Have To Pay To Live In Michigan Under Bill Signed By Gov. Snyder," and here are the details:
Gov. Rick Snyder has signed legislation requiring registered sex offenders living in Michigan to pay an annual $50 fee. The bill, sponsored by Republican Sen. Rick Jones, replaces the system under which sex offenders paid a one-time $50 fee. Snyder signed the bill into law on Tuesday.
The measure only applies to registered sex offenders who are out of prison. Officials say $20 of each fee would go to local law enforcement and $30 would go to the state. If offenders don't pay the annual fee, they face misdemeanor charges.
Offenders who can't afford the fee would have the chance to make their case and receive a 90-day waiver. To do that, offenders would either have to prove in court that they are indigent, are receiving food assistance from the state, or are living under the federal poverty level.
Snyder said the law brings Michigan in line with neighboring states that require sex offenders to pay for the operating cost of sex offender websites. He said Indiana charges $50 per year, while Illinois and Ohio charge offenders $100 per year. The state said the move could bring in about $540,000 more in revenue each year.
But not everybody is on board with the new law. Opponents, which include the American Civil Liberties Union, say it's merely a feel-good measure that ignores experiences in other states where the promise of more revenue falls well short of expectations and is an overly burdensome cost for registered sex offenders who already struggle to find housing and jobs.
"They have paid their dues … this is a burden that we just keep piling on," said Shelli Weisberg, legislative liaison for ACLU of Michigan. She argues that the state is not asking offenders to pay for something that benefits them, but something that is intended to protect citizens. Therefore, the state should pay for it.
November 7, 2013 in Collateral consequences, Criminal Sentences Alternatives, Reentry and community supervision, Sex Offender Sentencing | Permalink | Comments (86) | TrackBack
Sunday, November 03, 2013
Should we worry early parole might cut 750 years off sex offender's prison term?The question in the title of this post is my tongue-in-check response to this local West Virginia sentencing story sent my way by a helpful reader. The piece is headlined "County man sentenced to 250 -- 1,000 years," and here are the details:
A Marion County man was sentenced to 250 -- 1,000 years in prison Friday for 10 counts of sexual abuse and 10 counts of sexual assault, all involving a minor. Matthew Monroe Cottingham, 28, of Fairmont, was sentenced by Marion Circuit Judge David R. Janes.
Cottingham was sentenced to 25 to 100 years for each of 10 counts of sexual assault on a minor and 10 to 25 years for each of 10 counts of sexual assault by a parent, guardian or custodian. He will serve the sentences for sexual assault consecutively and the sentences for sexual abuse concurrently, said Marion County Prosecuting Attorney Patrick Wilson....
"The sentences of 25-100 years are indeterminate," Wilson said. "He would have to do 25 years on each count before he'd be eligible for parole."
Cottingham had been first arrested in late July 2012 by Fairmont police. According to criminal complaints, he forcibly had sexual relations with a 13-year-old girl. The girl allegedly told her mother the next day, and statements by the victim and physical evidence observed at Fairmont General Hospital were reportedly consistent with the allegations....
Child Protective Services continued to investigate the incident since the initial arrest. A second child, a 9-year-old girl, alleged that Cottingham had perpetrated "several sexual assaults ... dating back years prior to his arrest to CPS officials."
November 3, 2013 in Procedure and Proof at Sentencing, Scope of Imprisonment, Sex Offender Sentencing | Permalink | Comments (11) | TrackBack
Wednesday, October 23, 2013
Should Congress tell all states and localities they many never employ certain ex-offenders in their public schools?The question in the title of this post is prompted by this new AP story headlined "House Votes for School Checks for Sex Offenders." Here are is the backstory:
Public schools would be barred from employing teachers and other workers convicted of sexual offenses against children or other violent crimes under a bill the House approved Tuesday.
The measure would require school systems to check state and federal criminal records for employees with unsupervised access to elementary and secondary school students, and for people seeking those jobs. Workers refusing to submit to the checks would not be allowed to have school positions.
A 2010 report by the Government Accountability Office, the auditing arm of Congress, cited one estimate that there are 620,000 convicted sex offenders in the U.S. It also found that state laws on the employment of sex offenders in schools vary. Some require less stringent background checks than others, and they differ on how people with past convictions are treated, such as whether they are fired or lose their teaching license.
The bill has run into objections from major teachers' unions like the National Education Association and the American Federation of Teachers. In letters to lawmakers, their criticisms included concerns that the measure might jeopardize workers' protections under union contracts. In addition, the NEA wrote that criminal background checks "often have a huge, racially disparate impact" — a reference to critics' complaints that minorities make up a disproportionately high proportion of people convicted of crimes.
Despite those concerns, the House approved the measure by voice vote. "Keeping children safe is not a partisan issue," said the chief sponsor, Rep. George Miller, D-Calif. "It's a moral obligation."
"Every school employee, from the cafeteria workers to the administrators, to janitors to the teachers, principals and librarians, that every one" is subject to background checks including the FBI fingerprint indentification system to the national sex offender registry, said Rep. Todd Rokita, R-Ind.
No one said they opposed the bill. But Rep. Keith Ellison, D-Minn., said that by imposing lifetime bans and ignoring the ability of people to overcome criminal backgrounds, "We do run the risk of doing a good thing, but doing too much of a thing." He said he'd continue seeking changes in the measure as it moves through Congress....
The bill would forbid public schools to employ people convicted of crimes against children including pornography, or of felonies including murder, rape, spousal abuse or kidnapping. It would bar school districts and state education agencies from transferring workers who have engaged in sexual misconduct with minors to another location. The measure would also apply to contractors who work at schools.
Especially as this bill moves to the Senate, I wonder how tea party conservatives like Senators Cruz and Lee and Paul are likely to look at this seemingly significant intrusion by the federal government into state and local education and employment authority. If applied broadly, it sounds as though this bill would preclude someone convicted decades earlier of public indecency or child abuse from serving as a janitor or construction worker in any public school in any state. Whatever one might think about a state adopting such a rule for its own schools, but it seems like quite an intrusion into state authority for the feds to require this rule for all states and localities nationwide.
October 23, 2013 in Collateral consequences, Criminal Sentences Alternatives, Offender Characteristics, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (11) | TrackBack
Tuesday, October 22, 2013
Lamenting sex offender fear-mongering around HalloweenWriting over at Huffington Post, Emily Horowitz has this notable new commentary headlined "Manufacturing Fear: Halloween Laws for Sex Offenders." Here is how the piece starts and ends:
In North Carolina, a sheriff tells parents to check the online sex offender registry before allowing children to trick-or-treat. In Montana, a town offers a "trunk-or-treat" event where kids can get Halloween candy from trunks of cars in a parking lot to avoid potential danger. In New York, "Operation Halloween: Zero Tolerance" prohibits sex offenders from wearing masks or costumes or answering their doors on Halloween, and, as a parole source says, "There is certainly nothing more frightening than the thought of one of these men opening their door to innocent children." In Oklahoma, a city council is considering an ordinance forbidding sex offenders from decorating their homes or passing out candy on Halloween. In Orange, California, sex offenders can't answer their door or have outside lighting on Halloween, but an additional ordinance requiring window signs saying, "No candy or treats at this residence" was recently revoked after attorneys argued it was a form of cruel and unusual punishment.
Why worry about sex offenders on Halloween? Research shows no evidence of increased child sex abuse on Halloween and no evidence that a child was ever a victim of sexual abuse by a stranger while out trick-or-treating. This makes perfect sense, because government data shows the vast majority (about 93%) of sex crimes against children are not committed by strangers but by family members or acquaintances....
The false dichotomy of evil adults and innocent children and families prevents children from meeting their neighbors and becoming part of a community. Sex offenders are subject to more post-punishment restrictions than any other ex-offenders, and have lower recidivism rates. Halloween sex offender laws, and rampant media coverage of the threat of sex offenders on Halloween and throughout the year, is creating a neurotic and fearful generation of kids who grow up thinking they are helpless prey facing threats from real monsters. Children are safest when they know their neighbors, and Halloween is a good opportunity to meet others in the community. There are some actual threats to child safety on Halloween -- like an increase in pedestrian car accidents -- but sex offenders and poisoned candy aren't among them.
October 22, 2013 in Collateral consequences, Sex Offender Sentencing | Permalink | Comments (23) | TrackBack
Monday, October 21, 2013
Alabama legislators proposing adult day-care "clusters" for sex offendersAs reported in this local article, headlined "Bill Proposes Licensed Residential Sex Offender Clusters," legislators in Alabama are considering a new innovation in the monitoring of sex offenders. Here are the details:
Some Alabama State Representatives are hoping a proposed bill will change the laws surrounding where convicted sexual predators are able to live together. Representatives Kurt Wallace and Paul Beckman are sponsoring the proposal that would make it against the law for sexual predators to live together unless it's in what they're calling a licensed, regulated residential sex offender cluster.
The proposed bill is similar to a bill passed into law earlier this year by the Alabama State Legislature. Alabama State Senator Arthur Orr is the sponsor of that bill. It encompasses Morgan County, while the proposed bill will cover the entire state.
In part Senator Orr's bill made it against the law for convicted sex offenders to live in the same house. "Studies show that if that is the situation there is much more proclivity for them to sexually offend others in the surrounding area," Senator Orr says. He says his bill was met with agreement from the Alabama Legislature and Morgan County residents. "Certainly the constituents who had small children who were living near this group sexual offender home, and they certainly wanted something done."
The proposed bill by Representatives Wallace and Beckman would create what lawmakers call residential sex offenders clusters. The bill spells out what that means. A residential sex offender cluster would be a tract of land where registered sex offenders could live together. An on-site monitor would also be required to live there to supervise the offenders. The clusters would have to be licensed and it would authorize the Department of Mental Health to make rules regulating the clusters.
If passed this proposed bill would require any sex offenders who wanted to live together to live in one of the clusters. It's proposed if they violated that, it would be punishable by a felony charge. Already Alabama has laws preventing convicted sex offenders from living near a school or their victims. Some officials argue it's already hard enough for them to find a place to live and this proposed bill would make it even harder....
Lawmakers say the proposed bill would promote public safety, health and confidence. They are expected to take this proposed bill up in the 2014 regular session.
October 21, 2013 in Collateral consequences, Criminal Sentences Alternatives, Sex Offender Sentencing | Permalink | Comments (32) | TrackBack
Wednesday, October 09, 2013
District Judge Graham gets in a final word on child porn sentencing despite Sixth Circuit reversals
I am about to head off line for the bulk of the day in order to head down to the Queen City in order to watch the full en banc Sixth Circuit consider crack sentencing modification rules in Blewett. (I hope late tonight to report on what I see in the argument, perhaps with a prediction as to the outcome.)
For my last word before I go to watch the Sixth Circuit in action, I am pleased to post a recent opinion by US District Judge James Graham that provides its own kind of last word about the Sixth Circuit's recent sentencing work in a child pornography downloading case that the Sixth Circuit took out of Judge Graham's hands. The opinion in US v. Childs (which can be downloaded below) is relatively brief, and it starts and winds down this way:
This is a disturbing case. Defendant is charged with one count of possession of child pornography. I am called upon to decide whether to accept a plea agreement which requires me to impose a sentence which is roughly only one sixth of the lowest sentence recommended by the United States Sentencing Guidelines ("the Guidelines" or "U.S.S.G."). This is disturbing not because I disagree with the sentence, but because I am convinced that under the law of the Sixth Circuit announced in United States v. Bistline, 665 F.3d 758, 761-64 (6th Cir. 2012)("Bistline I"), I would not have been free to select such a sentence without the government's agreement....
The Sixth Circuit's decision in Bistline I blurs the distinction between mandatory and advisory by requiring more deference to congressionally created guidelines than that accorded to Sentencing Commission-created guidelines. Just what implications this might have under Apprendi was not discussed by the Sixth Circuit.
There have been some very important developments since the Sixth Circuit's decision in Bistline I. In its Report to Congress: Federal Child Pornography Offenses (Dec. 2012), www.ussc.gov/Legislative_ and_ Public_ Affairs/ Congressional_ Testimony_ and_ Reports/ Sex_ Offense_ Topics/ 201212_ Federal_ Child_ Pornography_ Offenses/ (visited October 1, 2013), the Sentencing Commission publicly declared that the existing guidelines for child pornography offenses were flawed and in need of repair. In a letter to Judge Patti B. Saris, Chair of the Commission, dated March 5, 2013, Anne Gannon, National Coordinator for Child Exploitation Prevention and Interdiction, responded to the Commission's report on behalf of the Department of Justice. See Letter from Anne Gannon, Nat'l Coordinator for Child Exploitation Prevention and Interdiction, Office of the Deputy Attorney General, U.S. Dep't of Justice, to Honorable Patti B. Saris, Chair, U.S. Sentencing Comm'n (Mar. 5, 2013), available at http://sentencing.typepad.com/files/doj-letter-to-ussc-on-cpreport. pdf (visited Sept. 30, 2013). The Department expressed its agreement with many of the Commission's conclusions, noting that the report "reflects a significant amount of detailed research and thoughtful analysis" and thanking the Commission for "undertaking the important task of laying the foundation for reforming sentencing practices involving non-production child pornography offenses." Id. at 1.
Nevertheless, on June 27, 2013, four months after the Commission's report, the Sixth Circuit filed its opinion in United States v. Bistline, 720 F.3d 631 (6th Cir. 2013)("Bistline II") reaffirming it's holding in Bistline I, with no mention whatsoever of the Commission's findings or the extent of the Department of Justice's concurrence. As a judge who has regularly sat on the Sixth Circuit Court of Appeals by designation for more than two decades, I find this inexplicable. Many of the Commission's criticisms of the child pornography guidelines, including criticisms which the Justice Department concurred in, are identical to the ones I expressed in my sentencing colloquy in Mr. Bistline's case. The Sentencing Commission's criticism of the crack cocaine guidelines was cited as a reason for diminished deference for those guidelines in Kimbrough, and that part of the Kimbrough decision was cited by the Sixth Circuit in Bistline I to explain why the Supreme Court decided that the crack cocaine guidelines were entitled to less deference. See Bistline I, 665 F.3d at 763. In light of the fact that, in the interim, the Commission had spoken on the child pornography guidelines, why would the court not revisit the applicability of Kimbrough when it decided Bistline II? It seems clear to me that under Kimbrough, the child pornography guidelines should be accorded less, not more, deference than others.
It is a tragic irony that sentencing judges in the Sixth Circuit are required to give enhanced deference to guidelines which the independent Commission, relied upon so heavily by the Supreme Court in upholding the Guidelines, has now declared flawed and in need of reform. It is even more tragic that offenders in this circuit will have to rely on prosecutorial discretion, not judicial discretion, in order to receive a just and fair sentence in these cases.
October 9, 2013 in Booker in district courts, Booker in the Circuits, Federal Sentencing Guidelines, Kimbrough reasonableness case, Procedure and Proof at Sentencing, Scope of Imprisonment, Sentences Reconsidered, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (5) | TrackBack
Tuesday, October 08, 2013
How should the law — federal or state — deal with a 10-year-old serious sex offender?The question in the title of this post is prompted by this new article from the Wall Street Journal about a remarkable federal juvenile prosecution. The article is headlined "Federal Youth Case on Trial: Prosecution of 10-Year-Old on Sex Charges Stokes Debate Over Juvenile Justice." Here is how it starts:
Two years ago federal prosecutors won a delinquency finding against a boy accused of engaging in sex acts when he was 10 years old with other young boys on an Army base in Arizona—one of the youngest defendants ever pursued by the U.S. Justice Department.
The case, now being reviewed by the Ninth Circuit U.S. Court of Appeals, could open a new front in a long-running debate about how to handle juvenile sex offenders, whose cases generally have been tried in state, not federal, courts. The records are sealed because the defendant was tried as a juvenile, but the case came to light in September at an appellate hearing in San Francisco that was open to the public.
The boy's appeal involves a thorny legal question: Should children be prosecuted for sex acts with other children under a federal law that the boy's lawyers say was designed to target adult predators? The fight also highlights a broader debate over tagging juveniles as criminal sex offenders, a label that can land them a spot on registries that track offenders and limit where they can live.
The boy was found delinquent — guilty in juvenile-court parlance — on charges of aggravated sexual abuse against five boys between the ages of 5 and 7, under a statute that makes it illegal to engage in a sexual act with a person younger than 12 regardless of whether physical force is involved. The boy was sentenced to five years' probation, including mandatory psychological treatment, lawyers on the case said. He must also register as a sex offender in certain states, according to his lawyer.
"I think this is really overreaching on the part of the government," Keith Hilzendeger, a federal public defender representing the boy, said in an interview. He added that he had "never heard of a federal case where a person is 10."
Assistant U.S. Attorney Bruce Ferg said outside the courtroom that federal prosecutors took the case because of "the severity of the conduct" and because it took place on Fort Huachuca, the Army base where the boys lived with their families. "My opinion is this is the best thing that could've happened to the kid," said Mr. Ferg, adding that the case included allegations of anal penetration, repetitive behavior and threats. He said that prosecutors considered, "What can we do with this child to make sure this doesn't happen again?"
October 8, 2013 in Offender Characteristics, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Sex Offender Sentencing | Permalink | Comments (17) | TrackBack
Monday, October 07, 2013
Fifth Circuit panel declares substantively unreasonable (and plainly erroneous) an above-guideline child porn sentenceI am always pleased to see examples of post-Booker reasonableness review being given some more teeth in the circuits, and a panel ruling released today by the Fifth Circuit in US v. Chandler, No. 12-30410 (5th Cir. Oct. 4, 2013) (available here), shows that even defendants convicted of child porn offenses can sometimes benefit from appellate judges taking reasonableness review seriously. Here are excerpts from the start and heart of the of the panel opinion in Chandler:
Richard Chandler pleaded guilty to engaging in a child exploitation enterprise. At sentencing, the district court varied upward by 127 months over the recommended Guidelines range to impose 420 months of imprisonment. We find that the district court erred by increasing Chandler's sentence based on the fact that he was a police officer. We remand for re-sentencing....
The parties agree that the district court correctly calculated Chandler's Guidelines range as 240-293 months. In the PSR, the probation officer stated that he had not identified any factors warranting a departure or variance from the Guidelines range. Chandler did not file objections to the PSR, but he filed a Motion for Deviation from Sentencing Guidelines, arguing that a significant downward departure from the Guidelines was justified in his case because the sentencing scheme for possession of child pornography is unfair and the circumstances of his offense warranted leniency. The district court rejected Chandler's motion, noting that Chandler was not a "mere possessor" because he had repeatedly posted child pornography. The district court ultimately imposed a sentence of 420 months of imprisonment, an upward variance of 127 months from the top of the Guidelines range. The district court found that the non-Guidelines sentence was justified by the nature and circumstances of the offense, particularly Chandler's abuse of his public office as a law enforcement officer, his use of other people's internet connections to attempt to hide his participation in the scheme, and the fact that he posted child pornography 117 times, mostly with children 8 to 14 years of age. Chandler did not object to the sentence. Chandler filed a timely notice of appeal....
Some of the comments made by the district court here, such as those stating that by being a police officer Chandler has placed himself in a different category and should be held to a higher standard, are similar to those in Stout and could be interpreted to cross the line into impermissible reliance on Chandler's socioeconomic status as a police officer.
To the extent that the district court's comments regarding Chandler's position are findings that Chandler abused his position of trust or that the offense was more serious because of Chandler's position, the district court likewise erred. Though we are mindful that our review in this case is only for plain error, our circuit precedent is clear that a defendant's status as a police officer, standing alone, is not a justifiable reason to increase a sentence....
[T]hough the district court stated multiple times that it was varying upwards because Chandler abused his position, the district court did not rely on any facts showing that Chandler acted in his capacity as a police officer in posting child pornography on the internet. There is no evidence in the record that he used or exploited his position as a police officer, or used any knowledge or skills he gained from that position, to commit the offense or attempt to hide it.
The district court's error was compounded by its mischaracterization of the conduct involved in Chandler "stealing" other people's "identities" or "internet addresses." The only description of this conduct in the record is in a sentencing memorandum filed by the government, which states that Chandler used other people's unsecured wireless connections. Though the government refers to this as "stealing," it essentially amounts to logging onto an open wireless network. While we agree with the government that such activity could have caused innocent people to be subject to investigation, it clearly is not equivalent to identity theft or any sort of skilled hacking activity, though the district court discussed it as if it required highly technical knowledge that Chandler acquired as a police officer.
October 7, 2013 in Booker in district courts, Booker in the Circuits, Sex Offender Sentencing | Permalink | Comments (6) | TrackBack
Thursday, October 03, 2013
Second Circuit finds substantive due process problems (and others) with penile plethysmography testing for convicted sex offenderThanks to a number of helpful readers, I have not missed the news of a notable sentencing ruling by a Second Circuit paenl today in US v. McLaurin, No. 12-3514 (2d Cir. Oct. 3, 2013) (available here). Here is how the opinion starts:
David McLaurin, a convicted sex offender, was required by federal law to register any change in his address. He failed to do so and, following his guilty plea, was sentenced in the United States District Court for the District of Vermont to fifteen months' imprisonment and five years of supervised release. As a condition of his release, McLaurin was required to "participate in an approved program of sex offender evaluation and treatment, which may include . . . plethysmograph examinations, as directed by the probation officer." Judgment, United States v. McLaurin, No. 11 Cr. 113 (WKS), Dkt. No. 28 (D. Vt. Aug. 22, 2012), J. App. 9.
This examination involves the use of a device know as a plethysmograph which is attached to the subject's penis. In some situations, the subject apparently may be required, prior to the start of the test, to masturbate so that the machine can be "properly" calibrated. The subject is then required to view pornographic images or videos while the device monitors blood flow to the penis and measures the extent of any erection that the subject has. The size of the erection is, we are told, of interest to government officials because it ostensibly correlates with the extent to which the subject continues to be aroused by the pornographic images.
McLaurin objected to this requirement as unnecessary, invasive, and unrelated to the sentencing factors specified in 18 U.S.C. § 3553(a) and therefore impermissible as a discretionary condition of supervised release. See 18 U.S.C. § 3583(d)(1). The district court nonetheless imposed the requirement without reference to the statutory goals of supervised release or to any expected benefits to the public or to McLaurin. McLaurin now appeals.
We hold that this extraordinarily invasive condition is unjustified, is not reasonably related to the statutory goals of sentencing, and violates McLaurin's right to substantive due process. We therefore vacate the condition.
October 3, 2013 in Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Reentry and community supervision, Sex Offender Sentencing | Permalink | Comments (21) | TrackBack
Should downloading a few pics of child porn result in attorney's disbarment?The question in the title of this post concerning a notable collateral consequence of some convictions is prompted by this fascinating cover story from the October 2013 issue of the California Lawyer magazine. (Hat tip: How Appealing.) The story is headlined "Unfit to Practice? The state Supreme Court must decide whether a lawyer's possession of child pornography requires summary disbarment," and here is how the piece begins:
Gary Douglass Grant is a lawyer with a big problem. In 2007 the civil litigator and former captain in the Army Reserves, now 56, was a JAG lawyer assigned to Los Alamitos Army Airfield when an Immigration and Customs Enforcement (ICE) operation in Virginia tracked hits on approximately 18 commercial child pornography websites. ICE agents in Project Flicker, as it was known, located a number of active and retired military members, civilians, and contractor employees - several of whom had Top Secret or higher clearances - who allegedly used their military email addresses to register for PayPal accounts to access the images.
One of the 16 individuals identified that summer was Gary Grant. A search of computers at his Aliso Viejo home revealed that he had sent over the Internet an image depicting minors engaged in sexually explicit conduct; Orange County sheriff's deputies arrested him a year later. Investigators had found that between 2001 and 2007 Grant accumulated more than 100,000 digital pornographic images, much of it legal adult material. But mingled among those images were pornographic pictures of children. An analyst who examined the seized files found 19 photos and a videotape of youths who appeared to be between 14 and 16 years old - "possibly minors."
The Orange County District Attorney charged Grant with three counts of California Penal Code section 311.11(a), possession of obscene matter of a minor in a sexual act. Prosecutors gave Grant and his lawyer a CD with at least 100 sexual images of children retrieved from Grant's computers.
From the outset, Grant gave specific orders to his criminal defense attorney: "Defend this to the nth degree, because no way, no how, did I knowingly possess child pornography."
Ultimately, though, Grant conceded there were sexual images of underage girls on his computer. He said he had found the photos repugnant and deleted them. But even deleted images may remain on a hard drive, and that's where forensic computer analysts in this case located them. In April 2009 Grant admitted he had temporarily possessed two "unsolicited electronic images" of children, received by email while he was downloading other pornography. He pleaded guilty to one count of felony possession; prosecutors agreed to drop the other two charges. The judge sentenced Grant to 90 days in jail and three years of probation, and ordered him to register as a sex offender for the rest of his life. He did not appeal his conviction or sentence.
Grant joined a twelve-step fellowship known as Sex and Love Addicts Anonymous. But by autumn he had violated the terms of his probation by downloading adult pornography to his computer and by "sex-texting" two former girlfriends. The violations brought Grant an additional 183 days of jail time - more than twice his original sentence.
Based on the felony conviction, the State Bar of California automatically placed Grant on interim suspension pending further disciplinary proceedings. A State Bar Court trial judge later recommended that Grant be disbarred because his felony involved moral turpitude. His lawyer challenged that characterization, and the severity of the discipline. When the Review Department recommended only a suspension, the prosecutors appealed. Now Grant's case is pending before the state Supreme Court, where it has been fully briefed and awaits oral argument. (In re Grant, No. S197503 (Cal. Sup. Ct).)
At issue is the State Bar's ability to exact the ultimate sanction - disbarment - pursuant to a summary procedure that permits neither consideration of mitigating factors nor whether that sanction is appropriate. What began as one man's compulsion to accumulate pornography has become a challenge to the moral-turpitude-per-se standard, and the State Bar's procedures associated with it. Ultimately the Grant case could result in changes to disciplinary proceedings that affect hundreds of matters.
October 3, 2013 in Collateral consequences, Procedure and Proof at Sentencing, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (13) | TrackBack


text:
By Will Nations
The West Point Green Wave are gearing up for what could turn into a special season on the hardwood.
By Will Nations
The West Point Green Wave are gearing up for what could turn into a special season on the hardwood.
The West Point boys' basketball team returned all five starters from last season's 2012-13 campaign, making a winning season and a possible trip to the Mississippi Coliseum, "The Big House," for the March MHSAA state tournament in Jackson the top priority for the team in the coming months of winter. Last Tuesday, West Point conquered a tall task on the road to Jackson, taking a 66-65 decision over the Tupelo Golden Wave on the campus of Tupelo High School.
"We are looking to go to Jackson this year," West Point senior guard Tre Williams said. "We want to play to the best of our ability. It would be a big first state title in basketball for West Point. That's what we want – a state title."
Tupelo, an annual contender for a MHSAA 6A state championship, had held a 10-plus year winning streak over West Point teams and expected a win at its own venue. But West Point had other plans as the Wave would lead Tupelo, 32-25, at halftime.
To subscribe to the E-edition, please click here.


text:
His unfortunately-timed nastiness--"fuck you, then kill yourself"--is standard fare for the right-wing rocker. But the unexpected financial hit, caused by radio stations banning Kiss tracks, has at least elicited an apology for his "misconstrued" words. There's a bonus reference to his own cherished "political incorrectness", naturally.
Gene Simmons "apologizes" for saying depressed people should kill themselves


text:
Stranded in Space - No mission replay option
Bug Description:
I completed the mission Stranded in Space 2 days ago while grouped with my husband. Today I decided to replay it while I was playing solo, but I was unable to find it in the list of replay missions under the Klingon Front. I had 3 missions available there for replay, but not Stranded in Space.
Note: I was trying to replay the mission from the Mission Logs console in my ready room, on my ship's bridge.
Btw, when clicking on Available Missions under the Klingon Front, Stranded in Space is listed at the top of the list and says it's one of the missions available for replay, which leads me to believe the mission should be available for me to replay, but it wasn't.
At the time my ship was in sector space down in the Risa sector.
[Update] My husband pointed out he was able to replay Stranded in Space from the Episodes section of the Journal. I was trying to replay the missing using the Mission Logs console in my ready room on my bridge. I can replay the mission via the Journal, but still can't see it availalbe in my ready room. My husband also doesn't have it available to replay from his ready room.
|All times are GMT -7. The time now is 09:34 PM.


text:
Matchday Wishes
Chelsea Football Club offer seriously and terminally ill youngsters the chance to be part of our Matchday Wishes programme. Young fans are invited to watch a game then, along with a parent, guardian or carer, visit the tunnel after the match to meet the players.
For full details please email firstname.lastname@example.com


text:
Global hammers Green Archers
GLOBAL warmed up for its inaugural AFC President's Cup campaign with an emphatic 4-0 victory over Green Archers Thursday night to rise to second in the United Football League at Emperador Stadium.
Goals from Sudanese striker Izzo El-Habbib and national team standouts Carli de Murga, Patrick Reichelt and Jeffrey Christiaens secured maximum points for the reigning UFL champions, who are now turning their attention to the third-tier continental club tournament.
"It's good to fly out with a win before a big tournament," said Global manager Palami, whose club will face Kyrgyzstan's Dordoi Bishkek, KRL of Pakistan and Yeedzin of Bhutan in the tournament slated May 8 to 12 in Cebu.
Kaya and Nomads fought to a 1-1 stalemate in the first game.
Get Inquirer updates while on the go, add us on these apps:
Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of INQUIRER.net. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City,Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94


text:
User Reviews & Ratings
Total of 37 user ratings spread across 37 releases
Call of Duty: Modern Warfare 3
Red Faction: Armageddon
Hunted: The Demon's Forge
The First Templar (Steam Special Edition)
DiRT 3
Bland and boring content sandwiched between great graphics and strong marketing
The graphics and visual style of Brink is definitely one of the best on the market right now. The look is unique, the world is well designed and the overall mood is beautiful. This is what attracted me to Brink when the ... Read Full Review6 of 6 users found the following review helpful
Crysis 2
LEGO Star Wars III: The Clone Wars
Gray Matter
Assassin's Creed
Test Drive Unlimited 2
Test Drive Unlimited 2
TDU 2 has a lot to offer once you get pass the annoying bits. Full review inside.
PC racing games in general fall into three major categories. There are the arcade racers such as Need for Speed HP, Grid and Dirt 2. Following that are the simulations such as GTR2, iRacing, rFactor and F1 2010. Lastly, ... Read Full Review24 of 29 users found the following review helpful
Call of Duty: Black Ops
Divinity II: The Dragon Knight Saga
Arcania: Gothic 4
Arcania: Gothic 4
Gothic 4 - Welcome to your first day at FedEx!
First off, I've never played any Gothic titles before. I only bought this game because the screenshots looked impressive. Oh boy, what a bad mistake! The good: The graphics are indeed very impressive. I ran this g... Read Full Review11 of 14 users found the following review helpful
Star Wars: The Force Unleashed II
Lost Planet 2
Not from the same developers of Dirt and Grid. Hints of third-party out-sourcing all over this badly developed game.
Codemaster's lastest F1 2010 is clearly not made by the same developers of the Dirt series and Grid. It is merely a C grade game wrapped around the game engine from Dirt II. I'm almost positive that this game was out-s... Read Full Review11 of 20 users found the following review helpful
Mafia II (Digital Deluxe Edition)
Puzzle Quest 2
Monkey Island 2 Special Edition: LeChuck's Revenge
Prince of Persia: The Forgotten Sands
Transformers: War for Cybertron
Very simple arcade game with major design flaws. Leaves you in frustration rather than fun. Get Burnout instead.
For a game that's based completely off of power-ups, Disney Interactive sure didn't do their homework to get the basics right. But first, we'll start with some of the positives: The graphics are nice if you own a ... Read Full Review7 of 10 users found the following review helpful
Command & Conquer 4: Tiberian Twilight
Realistic and mature review from a hardcore gamer, but not hardcore C&C fan.
I've been a gamer for a very long time. And like many others, I loved the first C&C when it came out (I was already in the University by then). I stayed up late challenging everyone in the dorms. It was one heck of an ... Read Full Review5 of 15 users found the following review helpful
Dawn of Discovery: Venice
Crash Time III
GREED - Black Border
GREED - Black Border
great concept ruined by bad design and controls leads to a very frustrating experience.
Got this off of Steam a few days ago because the graphics looked nice and I like these types of games (finished Shadowgrounds Survivor not too long ago). Played Greed for a few hours and had to uninstall it. This game... Read Full Review1 of 1 users found the following review helpful
DiRT 2
Need for Speed: ProStreet
A polished Diablo clone but lacks the addiction factor. Worth the $20 entrance fee. Bullet point review inside...
Torchlight is a perfect clone of Diablo II – same interface, same controls, same everything; except for the graphics and the fun factor. However, this is not a bad thing at first. I still can't decide if I like this g... Read Full Review2 of 5 users found the following review helpful
Race On
Solid racing simulator with many cars and tracks to choose from. Smooth as butter fps + crisp graphics = good times!
I'm a very casual player when it comes to racing games. Most of the titles I own are along the lines of Need for Speed or Burn Out Paradise. However, I do own two of Simbin's titles: GT Legends and GTR 2 and love them bo... Read Full Review3 of 3 users found the following review helpful
Need for Speed: Shift
If you have the right combination of hardware, this game will run flawlessly. Please read for further details...
I finally decided to buy this game today. With so many mixed reviews here, I held off the temptation fearing this game was a lemon. However, most of the negative reviews I've read online tend to be hardware related; but ... Read Full Review1 of 1 users found the following review helpful
Operation Flashpoint: Dragon Rising
Just get rid of the "OF" part of the name, and Dragon Rising is a great game.
Don't let the low scores here fool you. Dragon Rising is not a bad game at all. I was also disappointed at first because I expected an OF follow-up game (I'm a big fan of the original). However, this game has nothing ... Read Full Review8 of 12 users found the following review helpful
Risen is like a bad 1990s RPG with a low-budget wannabe face-lift
I bought this game based on all the positive reviews here. However, as soon as the actual gameplay started, I knew something was wrong....terribly wrong. Since visuals are the first things players see, lets start ther... Read Full Review5 of 22 users found the following review helpful


text:
Happy Valentine's Day: A Haiku And Three Wishes
"If the human race wishes to have a prolonged and indefinite period of material prosperity, they have only got to behave in a peaceful and helpful way toward one another." Winston Churchill
Happy Valentine's
What do you wish every soul?
Global Love for all
Happy Valentine's Day 2014! Each day we show kindness and love to a stranger, we become the genie of granted wishes. Sprinkle loving wishes with abundance; it costs nothing and you get richly blessed. More below
"Selfishness is not living as one wishes to live, it is asking others to live as one wishes to live." Oscar Wilde
Happy Valentine's
What else do you wish each soul?
World Peace not Violence
As a war survivor, I know that War will never be the best option to settling differences. Peace is key and it begins with You and Me. In war zones, innocent children, mothers, fathers become casualties of conflict. In situations of domestic violence a Happy Valentine's Day can be another day to be victimized.
"God sometimes does try to the uttermost those whom he wishes to bless." Mahatma Gandhi
Happy Valentine's
What more do you wish each soul?
End Pain, Suffering
I wish everyone a very Happy Valentine's Day! May you find love, peace and pleasure in your home and surroundings. While this is a day for love, hugs and chocolates, some people won't have anyone to celebrate with them. Send your love, prayers and blessings to the lonely and then sprinkle the rest around the globe. For more wishes, visit here and here.
What are your thoughts? What are your wishes? Please share your thoughts in a comment below. Thank you!
This post was inspired by a prompt from WP Daily Post: Lucky Star – Today is your lucky day. You get three wishes, granted to you by The Daily Post. What are your three wishes and why? Photographers, artists, poets: show us WISHES
Positive Motivation Tip: In picking our three wishes, let's remember to include others in a positive way … make your wishes global
PHOTO CREDITS/ATTRIBUTIONS: All Photos 3 dogs and a cat, Dogs, smiley face, chocolates, via Wikipedia or my Personal Collection.
Until Next Time…
Ask. Believe. Receive. ©
Elizabeth Obih-Frank
Mirth and Motivation
Positive Kismet
13/02/2014 3:00 pm
Well, my husband and I don't celebrate Valentine's Day, but and end to pain and suffering would be amazing any day, right?
13/02/2014 3:59 pm
Those heart oversized sunglasses are a HOOT! I'll have to pick myself up a special treat for tomorrow!
13/02/2014 4:27 pm
love those adorable doggies!! i'm wishing for chocolate. with frosting. NOW.
13/02/2014 4:38 pm
Adorable puppies! I want that chocolate now!!
paige permalink13/02/2014 5:14 pm
Adorable puppies! They are so sweet looking!
Stefany Thode (@ToBeThode) permalink13/02/2014 5:35 pm
Three wishes, huh? I would wish for health and happiness for my kids and pain-free living for me.
13/02/2014 6:09 pm
we don't do Valentine's day as a couple but instead spread the love to our kids. chocolates are hit for anyone though
13/02/2014 6:29 pm
Love the scottish dogs as I call them I am trying to stay away from that chocolate.
13/02/2014 6:30 pm
Valentine's day isn't a big deal here. But if I was going to wish – I am hoping my parents keep the kiddos so I can have some relaxing time with my hubby!
13/02/2014 6:47 pm
I love those little Scottie dogs. They are so adorable and perfectly dressed for Valentine's day! I wish for everyone to have a fun or at least pleasant Valentine's Day!
13/02/2014 7:22 pm
I wish a long lifetime full of love and happiness for my kids. The dogs are precious,
14/02/2014 6:21 am
That is a lovely haiku! I used to write poetry all the time, I really should get back into it. I miss it!
Ashley (@AshleyNAbele) permalink14/02/2014 12:43 pm
This is great haiku for Valentine's day! I am all about the chocolate for sure.
Taralyn permalink14/02/2014 2:48 pm
Happy Valentine's Day to you, too!
14/02/2014 8:19 pm
I hope you have a nice celebration Eliz, happy Valentine's day!
15/02/2014 5:19 am
"make your wishes global" I love that. I'm so guilty of being selfish with the good wishes I send out. Maybe it's time I start including others and see what happens.
Marie permalink16/02/2014 5:19 pm
Valentine's Day is chocolates and roses :)Happy Valentine's Day, Eliz!
Ashley M permalink05/03/2014 12:52 pm
Such cute pictures! I hope your valentines day was awesome.


text:
La Ribollita Black Kitchen Towel
Pure Italian design and a depiction of the ingredients in the classic Tuscan soup Ribollita come together on this black printed durable kitchen towel. Produced from 100% cotton. Made in Italy.
- Manufacturer: Tessitura Toscana Telerie
- Care: Machine washable
- Dimensions: 31½" x 23"
- Material: Cotton
- Durable synthetic material by Chilewich retains shape after several uses
- Made with 100% cotton
- Easy-care towel is safely cleaned in washing machine
- Made in Italy


text:
Latest Photon Stories
Photon Co-Founder and CEO Srinivas Balasubramanian will present at the J.P.
Quantum mechanics tells us that light can behave simultaneously as a particle or a wave. However, there has never been an experiment able to capture both natures of light at the same time; the closest we have come is seeing either wave or particle, but always at different times. Taking a radically different experimental approach, EPFL scientists have now been able to take the first ever snapshot of light behaving both as a wave and as a particle.
Insightful new expose reveals how faster than light travel, green energy development is achievable through physics METFORD, Australia (PRWEB) February 10, 2015
Engineers have created a new micro-ring that "entangles" individual particles of light. This could be an important first step in a whole host of new technologies.
While investigating the use of semiconductor material fragments as components for quantum computing, Princeton University researchers developed a laser the size of a grain of rice.
Researchers from the Niels Bohr Institute at the University of Copenhagen have developed a method that used a trap to capture atoms along an ultra-thin glass fiber, where those atoms can be controlled. Their results have been published in the journal Physical Review Letters.
new insights into quantum physics may soon offer a solution for credit card fraud and identify theft
An unusual photon emission in X-ray data originating from space could be evidence for the existence of a dark matter particle, researchers from the Swiss Federal Institute of Technology in Lausanne (EPFL) report in a new study.
• Rising tide of omni-channel and digital revenue: 107+ percent growth • Traffic: 50+ percent of traffic coming from mobile web and apps • Mobile conversion rates double: 87+ percent growth
While sound typically travels far slower than light, engineers from the University of Minnesota have created sound that is loud enough so that slower sound waves can bend faster-moving light waves on a computer chip.
Latest Photon Reference Libraries
Electromagnetic Spectrum -- The electromagnetic spectrum describes the various types of electromagnetic radiation based on their wavelengths. Radio, representing wavelengths from a few feet to well over a mile, is at one end of the spectrum. Gamma ray radiation is at the other end: the wavelength of the harder types is so short, in the subatomic range, that we do not have instruments capable of directly measuring it. While the above classification scheme is generally accurate, in...
Electromagnetic Radiation -- Electromagnetic radiation is a combination of oscillating electric and magnetic fields propagating through space and carrying energy from one place to another. Light is a form of electromagnetic radiation. The theoretical study of electromagnetic radiation is called electrodynamics, a subfield of electromagnetism. When any wire (or other conducting object such as an antenna) conducts alternating current, electromagnetic radiation is propagated at the same...
- To befool; deceive; balk; jilt.
- An illusion; a trick; a cheat.


text:
The upload page says the following: "If your music loops seamlessly, please select "Yes". Otherwise, please select "No"."
I only have one track that is actually made specifically as a loop, however many of my tracks have pauses/gaps that would make them easy to find points to be able to loop seamlessly. My question is do they qualify for a yes? If not what are the thoughts out there on loop edits being included? Are they worth the extra work?
The file has to be a finished loop that you can just drop into any sequencer/DAW without extra work to qualify for a "yes".
A loop is always nice to have, and I include them sometimes, but honestly, no, I do not think it makes a difference in number of sales.
In order to use a loop correctly one would have to have a real audio editing program, and if that is the case, I would think that that editor could just as easily make his/her own loop.
Helpful Information
- Please read our community guidelines. Self promotion and discussion of piracy is not allowed.
- Open a support ticket if you would like specific help with your account, deposits or purchases.
- Item Support by authors is optional and may vary. Please see the Support tab on each item page.
Most of all, enjoy your time here. Thank you for being a valued Envato community member.