text: Ode To The Possible Past by Ruined Machines published on 2012-06-01T04:27:53Z Track 3 from "Celestial Bodies: Mercury", the second installment of a year-long collaboration between myself and Michal Brodka. We're releasing new music each month for the next year. www.ruinedmachines.com www.michalbrodka.com Genre Rock Comment by Ruined Machines @infanicolamento: I'd say that's a good thing. :) Thanks!! 2012/08/30 05:07:47 +0000 Comment by infaNICOlamento Wonderful, this song got something that makes me feel strange. 2012/08/29 00:51:25 +0000 Comment by Flawgic Oh wow. Beautiful. 2012/07/19 05:04:05 +0000 Comment by f.e.a.r.... this music can put a crying baby to sleep its so soft and mellow 2012/07/05 22:53:36 +0000 Comment by Elijah Tebbetts Just wonderful.... Well done, followed for sure. Can't wait to hear more. 2012/06/11 23:42:10 +0000 Comment by A Problem Like Maria i like this. quiet and simple, not trying too much... just right. and that whirring sound is just lovely, helps open up the track so much, almost surprisingly so. 2012/06/04 19:12:07 +0000 Comment by Ruined Machines @the-phyrexian: you and me both! let's hope that comes to fruition soon :) 2012/06/04 03:59:33 +0000 Comment by Ruined Machines @jeremy-green: outer space sounds :) 2012/06/04 03:59:02 +0000 Comment by J. Green Studios That whirring might be have started off sounding like microphone noise, but it somehow feels right at home and provides a compelling ambience. 2012/06/03 23:33:05 +0000 Comment by Poztman Not bad, would like to see this live 2012/06/03 22:44:17 +0000


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Hump Day Hop Scotch
Hit 'em hard Minyans!
"And I want the rest of you cowboys to know something, there's a new sheriff in town. And his name is Reggie Hammond. So Y'all be cool." -48 Hrs.
Good morning as we ready to zoom into the Boom Boom room. With yesterday's spirited sprint in the rear-view, all eyes are on Big Ben for future clues on the interest rate fuse. After eighteen (count 'em!) years of trying to read between the lines of Elmer's obtuse vernacular, popular perception believes that Mr. Bernanke will be a bit clearer in his message. That remains to be seen, of course, but the first chapter of our new novel will turn a fresh page this morning.
While retail sales is the obvious hindsight catalyst for the most recent rally, the likelihood exists that part of the move, or perhaps the sustainability of it, was predicated on the belief that law and upside order will be Sheriff Ben's mission in life. Remember, the Minx began her spirited sprint last autumn when word first leaked that Boom Boom was firing up his helicopter. It makes intuitive sense that similar jig would greet his first hints at policy. What is yet unknown, however, is whether Boo's late day musings will manifest as traders sell the news.
There is a very fine line between fighting the tape and using price to your advantage. That line is called "discipline" and its the facilitator of capital preservation and trading longevity. One of my consistent themes this young year has been the belief that volatility will uptick in Equityland and I nibbled anew late yesterday. That's not a directional bet, in and of itself, although the lion's share of yesterday adds were "underneaths." To wit, and because the clock is starting to tick a bit quicker, I posted this vibe on yesterday's Buzz:
That's like putting your whole mouth right in the dip. From now on, when you take a chip, just take one dip and end it!
In between meetings, markets and trying to identify the perfect Valentine's Day gift (other than myself), I've been doing a round of nibbles on some cheap vols. Maybe I'm wrong--it wouldn't be the first time--but I continue to feel that equity volatility will uptick in the months ahead. And I wanna proactively position myself with further gamma.
As we pride ourselves on forthright communication in the 'Ville, I'll humbly offer that IBM spring puts were among the accumulated positions. Is that an emotional double dip? Given that Big Blue couldn't take out yesterday's high (in the context of a stellar rally), I've got long side exposure against it (SunMicro) and we're still under the '06 trendlines, I figured it was worth the dabble.
And Finally, some off-the cuff Hump Day Vibes:
- This Bird Flu is no joke as it has now spread to Germany. This hasn't gotten the type of press that, say, SARS got but I'm not sure if that's necessarily a good thing. Personally, I would rather hear chicken littles than see dead chickens.
- All those Dick Cheney jokes were pretty funny when we thought (read: were told) that Harry Whittington was "in good spirits." After the heart attack, it's no longer appropriate to make light of the situation. Mea culpa.
- Minyanville Publishing and the Ruby Peck Foundation for Children's Education are teaming up to help fight Canavan Disease. Our friends at Jacob's Cure are hosting their family bowling event on March 5th at Chelsea Piers and the critters will be there in force. If you have an interest in joining us at this fun event for a worthy cause, please let us know. We're a community that cares and we strive to help our own.
Good luck today.
Todd Harrison is the founder and Chief Executive Officer of Minyanville. Prior to his current role, Mr. Harrison was President and head trader at a $400 million dollar New York-based hedge fund. Todd welcomes your comments and/or feedback at firstname.lastname@example.com.
The information on this website solely reflects the analysis of or opinion about the performance of securities and financial markets by the writers whose articles appear on the site. The views expressed by the writers are not necessarily the views of Minyanville Media, Inc. or members of its management. Nothing contained on the website is intended to constitute a recommendation or advice addressed to an individual investor or category of investors to purchase, sell or hold any security, or to take any action with respect to the prospective movement of the securities markets or to solicit the purchase or sale of any security. Any investment decisions must be made by the reader either individually or in consultation with his or her investment professional. Minyanville writers and staff may trade or hold positions in securities that are discussed in articles appearing on the website. Writers of articles are required to disclose whether they have a position in any stock or fund discussed in an article, but are not permitted to disclose the size or direction of the position. Nothing on this website is intended to solicit business of any kind for a writer's business or fund. Minyanville management and staff as well as contributing writers will not respond to emails or other communications requesting investment advice.
Copyright 2011 Minyanville Media, Inc. All Rights Reserved.
Daily Recap Newsletter
entertainment, education and
smart market commentary.

subset: commoncrawl


text:
Thread: Racksaver 2 server in 1U thing
06-27-2002, 12:13 AM #1Web Hosting Master
- Join Date
- Dec 2000
- Location
- San Diego, CA
- Posts
- 1,571
Racksaver 2 server in 1U thing
I've been searching for a good colocation server for the past few days. I saw some anti-Racksaver posts in here, but has anyone tried the RS1200 2 server in 1u system? It's two seperate systems ( http://www.racksaver.com/products/RS1200Matrix.asp), and it seems possible to use SCSI and dual processors too.
Are they reliable at all? Or are they just like the other Racksaver systems they sell? What would someone use one of those for?-Mooneer
Thoughtbug Software: Hosting shouldn't require any thought.
Legitimate host? Support the Code of Ethical Conduct
06-27-2002, 06:21 AM #2WHT Addict
- Join Date
- Apr 2001
- Location
- Australia
- Posts
- 174
This is not new at all, considering there have been others that have custom produced similar setups. One of them based in the U.K. did that then dropped it in place of their Samurai Blade Server product.
Basically, it does the same thing and supported up to 1.2 Ghtz and 1Gb memory which were using standard products instead of custom stuff only like those such as RLX does.
Only worry about those is the heat problems, especially with amd versions.


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Phone: (289) 320-8250
1238 Dominion Road
Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
Solar control filmSun control window films reflect summer heat up to 70% greatly improving comfort and reducing air conditioning costs. Made of polyester and aluminium particles, they reduce fading of furniture and fabrics caused by harmful uv rays and reduce glare on computer or television screens. This is perfect for small windows. A complete installation kit containing squeegee, utility knife, measuring tape, pulverizer and solution is included.


text:
LANDOVER, Md. -- Giant Food here said its merchandising promotional strategy in the Northeast -- including deep discounting into major categories -- has cut into earnings for the first half of fiscal year 1998.
mpared with $874.42 million a year ago. Net income was down 67% to $7.64 million, or 13 cents per share, compared with $23.17 million, or 39 cents per share, in the year-ago quarter.
"While in the short term, earnings could be under historic levels, for the long term, a stronger sales base will ultimately produce stronger results," the company said. "The results for the first half of the fiscal year are consistent with that strategy."


text:
Don't Come KnockingHD Closed Captioning
Wim Wenders
Open iTunes to preview, buy, and download this movie.
About the Movie
Oscar Nominee Sam Shepard (Best Supporting Actor, The Right Stuff 1983) and Academy Award nominated director Wim Wenders (Best Documentary Feature, Buena Vista Social Club 1999) reunite for their first collaboration since the critically acclaimed Paris, Texas in this delightful tale about second chances. Howard Spence was once one of Hollywood's hottest movie stars. Now he's a washed up actor barely making it through the day. So on the set of his latest western film he decides to flee and visit his mother (Oscar winner Eva Marie Saint, Best Supporting Actress, On The Waterfront 1954) for the first time in 30 years. To his surprise he discovers that he might have a grown up child (Gabriel Mann, The Bourne Supremacy) living in a small town in Montana, where he once had a fling with a local waitress (2-Time Oscar winner Jessica Lange, Best Supporting Actress, Tootsie 1982 & Best Actress, Blue Sky 1994). Things get even more complicated when the film company sends an insurance agent (Academy Award Nominee Tim Roth, Best Supporting Actor, Rob Roy 1995) to retrieve him and another woman (Sarah Polley, Dawn of the Dead) appears in town with more than a sincere interest in Howard.
Rotten Tomatoes Movie Reviews
- Reviews Counted: 100
- Fresh: 42
- Rotten: 58
- Average Rating: 5.4/10
Top Critics' Reviews
Rotten: It degenerates into one of those scream-o-ramas, an emotional hellzapoppin', where everybody tries to make everybody else cry.
Rotten: Don't Come Knocking finally doesn't work for me, because instead of embodying its themes it seems to be regarding them from outside, with awe, as if it is the high school production of itself.
Fresh: Shards of honesty pierce the action, true little moments that wound or heal a weak man in a flawed story.
Fresh: A moving film that hangs with you like a favorite vacation to red-rock country.
Viewers Also Bought
- Hammett
- Wim Wenders
- View in iTunes
- The Beautiful Country
- Hans Petter Moland
- View in iTunes
- Masked and Anonymous
- Larry Charles
- View in iTunes
- Lilith
- Robert Rossen
- View in iTunes
- The King of Marvin Gardens
- Bob Rafelson
- View in iTunes
- $14.99
- Genre: Drama
- Released: 2006
- © 2005 Reverse Angle Production GmbH and Reverse Angle International GmbH. All Rights Reserved.


text:
A BusinessWeek report says Fair Labor Standards Act (FLSA) lawsuits have "exploded nationwide," and that "because wage-and-hour laws have been so widely violated, undetonated land mines remain buried in countless companies."
Which pay-related mistakes are YOU making?
Employees wrongly classified as exempt from overtime?
Hourly employees paid incorrectly (or not at all) for their travel time?
Failing to retain payroll records for the right amount of time (3 years, right?)?
You closed the shop when the bad weather hit – do you have to pay the staff?
Violating – or being unaware of – the "rounding law"?
All it takes is one employee filing one complaint to get the class-action snowball rolling downhill. Wal-Mart paid $640 million; IBM coughed up $65 million; Siebel forked over $27 million. And AT&T was hit with a $1 billion (with a B!) class-action suit over wage-and-hour mistakes.
On May 24, we'll help you identify all of those potentially devastating pay-related mistakes BEFORE they become Exhibit A in court. Best of all, you'll learn from Tony Griffin, the man who literally wrote the book on FLSA compliance, The Wage &Hour Answer Book.
In our popular webinar, To Pay or Not to Pay, you'll learn:
The correct rules on paying workers for time spent in travel, waiting, training, on-call, meal periods, office closings and bad-weather delays.
Exempt or nonexempt: How to make an airtight, legally defensible decision to avoid overtime lawsuits. (Plus, you'll receive our handy "Exempt vs. Nonexempt" checklist—see box at right)
Which written policies on wage-and-hour matters should be included in your employee handbook and policies.
Whether having a wage-compliance policy provides a defense to FLSA claims (similar to a Faragher-Ellerth defense for sexual harassment).
How long you must retain your payroll records.
The present and future of DOL enforcement and wage-related lawsuits. Plaintiff firm "FLSA mills" across the country are starting to follow the so-called Florida Model, where lawyers have turned wage-and-hour litigation into a cottage industry.
Plus, you can ask YOUR pay-related questions.
Clearly, this is NOT the time to make wage-and-hour mistakes! U.S. Labor Secretary Hilda Solis has refocused the agency on its enforcement efforts. The proof: She added 250 new field investigators – a 33% staff increase – to look into noncompliance of wage-and-hour issues. The investigators have become much more aggressive and are using administrative subpoenas in certain cases.
Your executives expect their HR people to know these complex wage-and-hour rules … and they don't like surprises. Register now for To Pay or Not To Pay: Solving Your Complex FLSA Issues.
Pat DiDomenicoEditorial Director, HR Specialist
P.S. FREE Bonus! The first 50 people who sign up for To Pay or Not to Pay will receive Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits. This self-audit tool helps you confidently make the vitally important exempt-or-nonexempt classification decision. It includes a handy checklist that you can copy and use to make the judgment for each of your employees. It's a $29.95 value – but we'll send our first 50 registrants a PDF download at no cost or obligation.
P.P.S. Your satisfaction is unconditionally guaranteed. If To Pay or Not to Pay fails to meet your needs, we will immediately refund 100% of your tuition. Your conference materials and Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits are yours to keep. No hassles, no questions asked.Cannot Attend The Live Presentation?This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.
Webcasts, audio conferences, and podcasts are presentations that you
attend via the Internet, phone, or mobile device at a specified date and time for "live" versions, or at your convenience for "recorded" and "On-Demand" versions.
The live
versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without
any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back
at work immediately after the session ends!
And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous
times and to share it with others in your office.
Handout materials and the phone number for live presentations are made available to you prior to the event via email from the
presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.
How To Properly Complete A Form I-9
Workplace Investigations 101: The Basics For Conducting Workplace Investigations
Certificate Program For HR Generalists
Employee Handbook Updates for 2017: How To Ensure Legal Compliance And Avoid Liability
PTO Plan Or Traditional Vacation And Sick Time? The Pros and Cons Of A Paid-Time-Off Plan
Pre-Employment Screening: Can I Ask That Question?
Agile Basics For HR
Strategic HR Basics: A Practical Approach To Working More Strategically In HR
Internal Investigations Certificate Program
Certificate Program In FMLA &ADA Compliance
Basics Of Affirmative Action Planning
How To Identify And Investigate Claims Of Bullying
How To Change The Perception Of The HR Department
The Essentials Of HR Law
FMLA Training &Certification Program
ADA Training &Certification Program


text:
Major winner Justin Rose admits he was "wide-eyed" playing his first Telegraph Junior Championship, while rising star Matthew Fitzpatrick has urged all juniors to enter the longstanding event in 2016.
Rose lifted the Telegraph junior title in 1997 at Sea Island, Georgia, while Fitzpatrick, who won the British Masters last year, was a standout winner in 2012 at Close House in Northumberland.
"It's all about shooting the lowest scores of the Junior Opens round the country and I remember posting a great round at my home course in Northamptonshire," said Rose.
Monday Morning interview with 1997 Junior Golf winner and European Tour player Justin RosePosted by The Telegraph BMW Junior Golf Championship hosted by Quinta do Lago on Monday, October 19, 2015
"It was early in the season, and I had to wait a few months to realise I had qualified.
"The event was was my first time in America and I was wide-eyed by the whole experience."
Fitzpatrick said that qualifying for the finals would "serve all finalists well in the future."
"I have really fond memories of it and I would advise anyone to play in it if they are given the chance," added the Yorkshireman.
Indeed, when he won the event by a distance in 2012, Fitzpatrick admitted that the prize was worth entering.
"You get looked after incredibly well and it's just a great event to play in to improve competing against your peers. It was certainly nice to end on a high for my junior career."


text:
|Orange Region
Share |
Orange Region
includes Orange County
Alison DeMark
Educator Representative
Julie Hull
Welcome to the Orange Region of the California Association of the Gifted. This regional page is designed to keep educators, parents, and students aware of events and resources in the Orange Region and throughout California. Please contact your regional representatives if you have questions, have local resources to share, or would like to become more involved.
Membership in CAG supports advocacy efforts for gifted students in the state legislature, continued educator training opportunities, direct access to the Gifted Educator Communicator, and discounted conference fees.
UCI Extension GATE Certificate
CSUF Extension GATE Certificate
UCR Extension GATE Certificate
SDSU Developing Gifted Potential
UCSD Extension GATE Certificate
USC Rossier Online Gifted Education Certificate
Flyer for upcoming training on May 7th
We are a welcoming group of parents of gifted children and teens in Orange County and surrounding areas who come together to offer support, resources, and encouragement.
In addition to speakers at our monthly parent education meetings we offer opportunities for social interaction for our gifted kids through activities, field trips, classes and our weekly friday park days. Our children attend school in a variety of ways and all are welcome whether homeschooled, public, private or unschooled.
Parents of Gifted and Twice Exceptional Children and Teens Age 0-17 are welcome to join.
Kidseum is high-tech and interactive childrens museum with a focus on it's mission, "Igniting imagination through exploration," stressing the excitement of art, archaeology and world cultrues. Be sure to check out the new "Glow Cave" with its fun art making activities, ride the magical Wells Fargo stagecoach through time in the "Green Screen Time Machine," and explore archaeology like never before in our new Archaeology Lab. There is a lot of visual stimulation and engaging education with new smart tables, smart boards and computers.
Homeschool Days - Discovery Cube welcomes homeschool families to use the Cube as a teaching tool. We periodically offer special discounts, offer exclusive workshops and other unique opportunities for homeschool students and their parents.
Sleepovers - Grab your sleeping bags and flashlights and get ready to spend the night at Discovery Cube! Overnight Explorers sleepovers are great for groups of all ages! Many sleepovers incorporate programming that aligns with Boy Scout Merit Badge and Girl Scout Journeys requirements.
The upcoming calendar is currently empty.


text:
Last week I was racking my brain attempting to recall when I first met Mr. Murphy. It took me a while, but I eventually deduced the exact moment…
It was around 5 years ago… when I was still exercising/exorcising the many demons post the breakdown of my marriage.
It was just outside one of the dirtiest nightclubs that I have ever experienced… the washrooms were utterly SHOCKING.
I remember it distinctly, as around 10 minutes after my first rendezvous with James I received a blow to the celiac plexus from the owner of said club, a gentleman who looked not dissimilar to Lee Van Cleef's tougher brother. Oof!
Anyway… a number of years later James took some time out of his mental touring schedule with LCD Soundsystem to sit down with Good Food Revolution and a wonderful platter of charcuterie courtesy of Reds Bistro Chef Michael Steh… perhaps the best exposition of charcuterie I have ever experienced, a thought shared by my fellow diners.


text:
Автор: Duckworth Michael
Раздел: Oxford University Press
|Поступление на склад 29.12.2016
This workbook accompanies a short course for those training to work in areas of the tourism industry where basic fluency in English is essential. Each unit explores a different communicative area, such as answering the telephone and giving information to customers, and introduces and gives practice in the grammatical structures and vocabulary required. The emphasis is on developing listening and speaking skills, but practice is also given in reading and writing skills, with such examples as reading timetables, taking simple messages, and completing application forms.
Цена 6 055 тг. за 1 штКоличество


text:
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Download EBOOK As I Knew Him: My Dad, Rod Serling PDF for free
Category: Biography
The author of the book: Anne Serling
Format files: PDF, EPUB, TXT, DOCX
The size of the: 684 KB
Language: English
Edition: BRILLIANCE AUDIO
Date of issue: 30 April 2013
Description of the book "As I Knew Him: My Dad, Rod Serling":"In Twilight Zone reruns, I search for my father in the man on the screen, but I can t always find him there. Instead, he appears in unexpected ways. Memory summoned by a certain light, a color, a smell and I see him again on the porch of our old red lakeside cottage, where I danced on the steps as a child." To Anne Serling, the imposing figure the public saw hosting "The Twilight Zone" each week, intoning cautionary observations about fate, chance, and humanity, was not the father she knew. Her fun-loving dad would play on the floor with the PDF dogs, had nicknames for everyone in the family, and was apt to put a lampshade on his head and break out in song. He was her best friend, her playmate, and her confidant. After his unexpected death at 50, Anne, just 20, was left stunned. Gradually, she found solace for her grief talking to his friends, poring over old correspondence, and recording her childhood memories. Now she shares eloquent, revealing letters and beautifully rendered scenes of his childhood, war years, and their family s time together. Idyllic summers in upstate New York, the years in Los Angeles, and the myriad ePub ways he filled their time with laughter, strength, and endearing silliness all are captured here with deep affection and candor. Though begun in loss, Anne s story is a celebration of her extraordinary relationship with her father and the qualities she came to prize through him empathy, kindness, and an uncompromising sense of social justice. "As I Knew Him" is a lyrical, intimate tribute to Rod Serling s legacy as visionary, storyteller, and humanist, and a moving testament to the love between fathers and daughters."
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
October 11, 2007
UNITED STATES OF AMERICAv.VICTOR TAVAREZ AND CRESENCIA BAYRON, DEFENDANTS.
Defendants Victor Tavarez ("Tavarez") and Cresencia Bayron ("Bayron"; collectively the "Defendants") are charged with a conspiracy to possess with intent to distribute a controlled substance, in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(B), and 846. Bayron filed various pre-trial motions for suppression of evidence and discovery, and requested an evidentiary hearing to address certain of these issues. For the reasons discussed below, Bayron's motions are DENIED.
I. Requests for Discovery
A. Rule 16 "Recorded Statements"
Pursuant to Fed. R. Crim. P. 16(a)(1)(B), Bayron requests that the Government provide the date, time, place, and circumstances of an oral statement that the Complaint alleges Bayron made in the presence of a confidential source ("the CS") in December 2006, as well as any written summaries of that statement made by the confidential source or by law enforcement personnel. Bayron contends that because this oral statement "was likely memorialized in writing in a report" by either a DEA agent or the CS, it therefore constitutes a "recorded statement" within the meaning of Fed. R. Crim. P. 16(a)(1)(B). In addition, Bayron requests records of any statements attributed to Bayron that may have been recounted to the Government during a proffer session.
Rule 16(a)(1)(B)(ii) clearly requires the Government to produce the portion of any written record of an oral statement by a defendant "if the defendant made the statement in response to interrogation by a person the defendant knew was a government agent." This provision, however, does not encompass the statement at issue here, as Bayron does not claim that her statement was made to an individual she knew to be a government agent. The Second Circuit has held that oral statements by a defendant to persons other than known government agents, even if they are documented in a written record, need not be produced as part of Rule 16 discovery. See In re United States, 834 F.2d 283, 284-86 (2d Cir. 1987). Accordingly, Bayron's request for production of any written record of her December 2006 statement that was recounted by the CS is hereby DENIED.
To the extent that Bayron is requesting statements made by prospective Government trial witnesses, the text of 18 U.S.C. § 3500 et seq. makes clear that the Government is under no obligation to produce Jencks Act material until after a witness has testified on direct examination at trial. Indeed, district courts lack the authority to compel early disclosure of Jencks Act material. See In re United States, 834 F.2d at 287. Similarly, it is well established that the Government need only produce evidence that may be used to impeach the credibility of any of the Government's witnesses pursuant toGiglio v. United States, 450 U.S. 150, 154 (1972) "in time for effective use at trial." See, e.g., United States v. Perez, 940 F. Supp. 540, 553 (S.D.N.Y. 1996). Here, the Government, in good faith, has represented that it intends to produce Giglioand Jencks Actmaterial the day before the corresponding witness will testify, or, if additional time is reasonably required to review such material, sufficiently in advance of the witness's testimony so as to avoid any delay at trial. At the time of those disclosures, to the extent that Bayron or Tavarez feels that additional time is necessary given the volume or complexity of the materials provided, the Court will consider applications to continue or recall witnesses. It is unnecessary, however, to order early disclosure at this time. Thus, to the extent that Bayron's motion seeks early production of Jencks Act or Giglio material, that motion is DENIED.
B. Early Production of Rule 404(b) Material
Bayron requests disclosure of evidence the Government will seek to admit under Federal Rule of Evidence 404(b). Rule 404(b) itself only requires that the Government provide "reasonable notice in advance of trial" for the admission of prior convictions and bad acts as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The rule establishes no minimum time, however, because "the evidence the government wishes to offer may well change as the proof and possible defenses crystallize." United States v. Matos-Peralta, 691 F. Supp. 780, 791 (S.D.N.Y. 1988). The Government acknowledged its obligations under Rule 404(b), and indicated that it intends to provide notice of any 404(b) evidence it might seek to introduce at least 10 working days before the beginning of trial. The Second Circuit has held that disclosure with even less advance notice than this can still be reasonable under Rule 404(b). See, e.g., United States v. Valenti, 60 F.3d 941, 945 (2d Cir. 1995). There is therefore no need to issue the order Bayron seeks. See United States v. Ramirez, No. 91 Cr. 493 (KMW), 1991 U.S. Dist. LEXIS 12183, *4 (S.D.N.Y. Aug. 30, 1991) ("the Government has represented that it will provide timely notice of any intent to introduce [404(b)] evidence so that there is no need to issue the order defendant seeks"). Bayron's motion for early disclosure of Rule 404(b) material is therefore DENIED.
C. Informant-Related Information
Bayron seeks a ruling requiring the Government to disclose information about the CS: (1) for the purposes of testimony at a requested suppression hearing; or, alternatively, (2) so that she may investigate and interview the CS as part of trial preparation. Based on the complaint and indictment in this matter, Bayron believes "that the information attributed to the confidential source may well have been relied on as a basis for arresting Bayron."
In general, the Government may withhold from disclosure the identity of individuals who inform law enforcement officers of violations of the law. See, e.g., Roviaro v. United States, 353 U.S. 53, 59 (1957); United States v. Jackson, 345 F.3d 59, 69 (2d Cir. 2003). Where the disclosure of an informant's identity "is relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause," Jackson, 345 F.3d at 69, the Government's privilege gives way to the defendant's rights. See Roviaro, 353 U.S. at 60-61. This Court is required to balance "the public interest in protecting the flow of information against the individual's right to prepare his defense." Id. at 62.
A defendant bears the burden of demonstrating the need for disclosure of an informant's identity, and must show that without such disclosure, he or she will be deprived of the right to a fair trial. See, e.g., United States v. Fields, 113 F.3d 313, 324 (2d Cir. 1997).Disclosure of a confidential informant's identity is an "extraordinary remedy," see United States v. Muyet, 945 F. Supp. 586, 602 (S.D.N.Y. 1996), and "disclosure of the identity or address of a confidential informant is not required unless the informant's testimony is shown to be material to the defense." United States v. Saa, 859 F.2d 1067, 1073 (2d Cir. 1988).A defendant must do more than simply allege that the informant was a participant in or witness to the crime charged, or that the informant might cast doubt on the general credibility of a government witness. Id. The Second Circuit has stated that "speculation that disclosure of the informant's identity will be of assistance is not sufficient to meet the defendant's burden." Fields, 113 F.3d at 324.
A defendant's need for disclosure of an informant's identity has been found less compelling for purposes of a pretrial suppression hearing than for purposes of trial, as the issues in suppression hearings typically do not specifically bear on the guilt of the defendant. See, e.g., Fields, 113 F.3d at 324; McCray v. Illinois, 386 U.S. 300, 311-12 (1967). Moreover, the Second Circuit has held that disclosure of an informant's identity for a suppression hearing is appropriate only where "the information supplied by such persons constitutes the 'essence,' 'core' or 'main bulk' of the probable cause upon which the authorities have relied, and where the critical information ascribed to these individuals is not in any significant manner corroborated by independent evidence." United States v. Manley, 632 F.2d 978 (2d Cir. 1980).
Bayron has not demonstrated sufficient need to warrant disclosure of the identity of the CS either for purposes of the suppression hearing or for trial. As to the hearing, Bayron claims disclosure is warranted only because "information attributed to the confidential source may well have been relied on as a basis for arresting Bayron." Bayron Mem. of L. at 5. This statement constitutes a level of speculation that, absent more, does not warrant disclosure. Further, the Complaint contains additional items of corroborating evidence -- discussed in greater detail below -- that contributed to the probable cause determination.
With respect to the trial, Bayron has argued that disclosure is necessary because the CS arranged the drug transaction that led to Bayron's arrest, and because the Complaint relies on statement made to the CS by Bayron regarding Bayron's involvement in the charged crimes. In essence, however, these claims amount to an allegation that the CS was a participant in or witness to the crime charged, which is not sufficient to warrant disclosure of the CS's identity.
Moreover, the Government has represented that it intends to call the CS as a witness at trial. The Government, therefore, will be required to disclose Jencks Act and Giglio material before the CS testifies, and Bayron will be provided with the identity of the CS at that time; this procedure is sufficient to guarantee Bayron's ability to conduct a meaningful defense with respect to the CS. See Muyet, 945 F. Supp. at 602 n.16. Accordingly, Bayron's motion for disclosure of information regarding the CS is DENIED.
D. Reciprocal Discovery for the Government
The Government has requested that this Court issue an order directing Defendants to provide certain items of reciprocal discovery pursuant to Rule 16(b). Though Defendants have not made any specific statements indicating their awareness of their reciprocal Rule 16(b) obligations, it is the experience of this Court that Defendants' attorneys are acquainted with their Rule 16 duties. Accordingly, the Government's request for an order directing Defendants to comply with their Rule 16 discovery obligations is DENIED at this time. Similarly, it is this Court's experience that Defendants' attorneys are also acquainted with their obligations under Rules 12.2 and 12.3; thus, the Government's request for an order directing the Defendants to provide the mandated notices specified in those rules is also DENIED.
Finally, Pursuant to Rule 26.2, the Government requests the Defendants be ordered to disclose prior statements of the witnesses they will call to testify, on the same basis upon which the Government will supply the Defendants with material relating to Government witnesses under 18 U.S.C. § 3500; this motion is GRANTED.
II. Motions relating to the February 3, 2007 arrest of Bayron, her post-arrest statement, and any physical evidence seized incident to that arrest Bayron requests an evidentiary hearing to determine whether there was probable cause for her arrest on February 3, 2007, and seeks to suppress a post-arrest statement attributed to her as well as any physical evidence seized from her person or automobile on that date. The Government argues that a hearing is not necessary because the material facts surrounding the arrest establish that there was probable cause for the arrest, and those facts are not in dispute.
A. Facts
The facts surrounding the events of February 3, 2007 are set forth in the Complaint, a document which was sworn to by Cornelius J. Westbrook, a detective with the Westchester County Police Department assigned to the Westchester Drug Enforcement Administration ("DEA") Task Force, and signed by Magistrate Judge Mark D. Fox on February 5, 2007.
According to the Complaint, in or about December 2006, the CS told a DEA agent that Tavarez told the CS that he had sent Bayron to Atlanta, Georgia to purchase drugs. Later that month, DEA agents stopped Bayron getting off a bus; she indicated that she was returning from Atlanta, but she did not have any drugs on her person or in her luggage. Subsequently in December 2006, Tavarez and Bayron met with the CS; the CS reported that Bayron said that she had been nervous when the agents stopped her as she was getting off the bus, and that she was lucky she had not been able to get drugs in Atlanta.
On or about February 2, 2007, the CS arranged to purchase two kilograms of cocaine from Tavarez the following day in Yonkers, New York. Law enforcement agents set up surveillance of the meeting location in Yonkers, and a man and woman later identified as Tavarez and Bayron arrived in the vicinity in a livery cab. Bayron was driving the vehicle, and Tavarez was riding in the front passenger seat. Tavarez exited the cab carrying a white plastic bag and met with the CS; the meeting was recorded. Tavarez told the CS that he had brought only one kilogram of cocaine and then entered a building with the CS. After Tavarez left the building, a DEA agent and a task force officer entered the building and recovered from the CS a white plastic bag containing approximately one kilogram of a substance that field tested positive for the presence of cocaine. Tavarez and Bayron were then arrested in the vicinity of the meet location.
B. Discussion
i. Evidentiary Hearing
A defendant is not entitled to an evidentiary hearing unless he or she can show that there is a contested issue of material fact with respect to the issue for which the hearing is requested. See United States v. Pena, 961 F.2d 333, 339 (2d Cir. 1992). A defendant's moving papers must be "sufficiently definite, specific, detailed, and non-conjectural to enable the court to conclude that contested issues of fact going to the validity of the search are in question." Id. To create a factual dispute, a defendant must submit a sworn affidavit from one with personal knowledge of the underlying facts. In the absence of such an affidavit, or when the allegations contained in such an affidavit are general and conclusory, an evidentiary hearing is unnecessary. See United States v. Shamsideen, No. 03 Cr. 1313 (SCR), 2004 U.S. Dist. LEXIS 9560, *31 (S.D.N.Y. Mar. 31, 2004).
Bayron's declaration in support of her motion to suppress does not place any of the above-described facts in dispute. Instead, the declaration simply states that Bayron is a licensed cab driver, that she dropped off a passenger in Yonkers on February 3, 2007, and that she was arrested shortly thereafter by police in civilian clothes and unmarked cars. This declaration does not establish an issue of material fact that warrants an evidentiary hearing on this matter.
Nothing submitted by Bayron contradicts the assertions in the Complaint concerning the CS's discussions with Tavarez and Bayron, or the observations made by law enforcement officers on February 3, 2007 when Tavarez and Bayron arrived at the meet location in Yonkers. Bayron makes various arguments as to why her arrest was not supported by probable cause, but these arguments can and will be addressed by this Court as part of Bayron's motion to suppress. Accordingly, Bayron's request for an evidentiary hearing regarding the events of February 3, 2007 is DENIED.
ii. Bayron's Arrest
Bayron maintains that law enforcement officers did not have probable cause to arrest her on February 3, 2007, and contends that any post-arrest statements made by Bayron, or any evidence seized from Bayron's person or automobile incident to such arrest, must therefore be suppressed.
The Second Circuit has held that law enforcement officials have probable cause to arrest absent a warrant "when the authorities have knowledge or reasonably trustworthy information sufficient to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested." Boyd v. City of New York, 336 F.3d 72, 75-76 (2d Cir. 2003). "Probable cause does not require absolute certainty." Id. at 76.
Based on the facts set forth in the Complaint, this Court finds that the DEA agents and task force officers had probable cause to arrest Bayron on February 3, 2007. At the time of Bayron's arrest, it is certain that law enforcement officials knew that after being told by the CS that Bayron was sent to Atlanta by Tavarez to purchase drugs, Bayron was stopped as she was returning from Atlanta. In addition, agents knew that the CS had arranged a substantial drug transaction with Tavarez for February 3, 2007 in Yonkers, and were able to observe Bayron transporting Tavarez to this transaction, with Tavarez in the front passenger seat of Bayron's taxi. When combined with other information from the CS linking Bayron and Tavarez, the fact that Tavarez was seated in the front seat of the taxi contributed to the agents' conclusion that Tavarez was not an ordinary passenger in the vehicle.
Bayron argues that the Complaint is not clear as to whether the CS had already told agents about Bayron's December 2006 statements that she had been nervous when she was stopped upon her return from Atlanta, and that she was fortunate that she had been unable to purchase drugs there. It is clear from the facts and the timeline set forth in the Complaint, however, that the CS provided information to agents in December 2006 -- information that led to the stop and search of Bayron upon her return from Atlanta -- and also was in contact with agents in early February 2007 to setup the transaction that ultimately led to the arrests of Tavarez and Bayron. We therefore find it reasonable to assume that the CS had in fact communicated with agents sometime prior to February 3, 2007 regarding Bayron's statements in the aftermath of her December 2006 encounter with law enforcement officials.
Taken as a whole, it is this Court's view that law enforcement officials had sufficient information to determine that there was probable cause to arrest Bayron following the narcotics transaction between Tavarez and the CS on February 3, 2007.
iii. Bayron's Post-Arrest Statement
Bayron's only argument in support of her motion to suppress her post-arrest statement is that the statement was obtained subsequent to an arrest that was made without probable cause. Given that this Court has determined that there was probable cause to arrest Bayron, her motion to suppress her post-arrest statement is DENIED.
iv. Search of Bayron's Person and Vehicle
Law enforcement officials typically must obtain a search warrant based on probable cause before conducting any type of search. One traditional exception to the warrant requirement, however, is a search conducted pursuant to a lawful arrest; a search incident to a lawful arrest may include both a search of the person arrested and a search of the area within the control of that person. See United States v. Robinson, 414 U.S. 218, 224 (1973). Further, the Supreme Court has long maintained that "when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile." New York v. Belton, 453 U.S. 454, 460 (1981). Further, in such situations, "the police may also examine the contents of any containers found within the passenger compartment.whether [the container] is open or closed." Id. at 460-61.
As described in section II(B)(ii) above, law enforcement officials had probable cause to arrest Bayron on February 3, 2007. Consequently, pursuant to Robinson and Belton, the officers were entitled to search Bayron's person and the passenger compartment of her vehicle at that time, incident to her lawful arrest. Bayron's motion to suppress the searches of her person and vehicle is therefore DENIED.
III. Conclusion
For the reasons stated above:
1. Bayron's request for production of any written record of her December 2006 statement that was recounted by the CS is DENIED. Further, to the extent that Bayron's motion seeks early production of Jencks Act or Giglio material, that motion is DENIED.
2. Bayron's motion for early disclosure of Rule 404(b) material is DENIED.
3. Bayron's motion for disclosure of information regarding the confidential informant is DENIED.
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text: MainStoriesSpecial Olympics of Hamilton County and Univ. of Cincinnati Unified Scrimmage...a note of thanks Special Olympics of Hamilton County and Univ. of Cincinnati Unified Scrimmage...a note of thanks Caitlin Oglitree via Leslie Daly ( SOHC Volleyball Coordinator) | Apr 18, 2014 | North America: Ohio It's always a huge blessing working with Special Olympics. These athletes are always so full of love, energy, and smiles. It's funny how they think that we (college athletes) are the huge deals. They think so highly of us. In reality, being a college athlete isn't what brings us pure joy. Don't get me wrong, it's an incredible experience that I am so fortunate to be a part of! However, I believe that there's so much more to life than being a student athlete. Sometimes, as college athletes, we get caught up in that label, and don't look at the bigger picture of life. I believe that finding your purpose, loving others and loving life is what brings us joy. These athletes are the huge deal! They are constantly showing us acts of love, encouragement and kindness. So I thank THEM for allowing us to step into their world and put life into perspective. About Me:Caitlin Oglitree is a University Of Cincinnati Lady Bearcat who is a junior setter for the UC Volleyball Team. For the last 2 years, she has been an active participant in growing the relationship between the UC Lady Bearcats Volleyball program and the SOHC Volleyball programs. Read More Stories Remembering Billy Quick, Whose Name Said it AllChristy WeirRealising that the r-word is not a laughing matterAnonymousI never was someone who openly said the r-word in order to shame or insult another human being. But I would occasionally laugh or join in with a joke.I'm Proud To Still Be At School!Phetsile NgubeniAchieving Their Personal Best: A Coach's Story from SwazilandSabelo DlaminiMy friend Tony Alaina TorkelsonWhen I was a kid I used the r-word frequently even picking on kids that were different....that is until I met Tony.Traditional Leaders in Malawi Support Family Health ForumsRomi ReineckePablo Ulises Lázaro: Successes of a mother and her sonLeilani GonzalezHe no longer fears dentistsGenevieve JiangVisiting a dental clinic made Bhavya Jain very anxious. Special Olympics helped.From shy and isolated, to confident leaderGenevieve JiangBefore Punsara Dissanayake joined Special Olympics Serendib, she was reluctant to attend school as she feared being bullied.Medical help gave her winning edgeGenevieve JiangJohn Lucas: From Introvert to Spokesman in BrazilCaroline ChevatA Special Olympics athlete took part in the signing of an agreement between Special Olympics and the International Volleyball Federation.Do You Have A Story to Share?Share Your Story More Stories