text:
With the NFL Draft less than a month away, there has been frequent speculation about which player each team will choose with their first pick. The Cincinnati Bengals will make their first selection 24th overall on May 8th. There seems to be an understanding in the football world, that Cincinnati will start with upgrading a position on the defensive side of the ball. The biggest question is, which position?
The loss of last year's starting defensive end, Michael Johnson, has draft analysts such as NFL.com's Bucky Brooks and Charles Davis projecting the Bengals to select a defensive end with their first round pick. CBS Sports' Will Brinson also has the Cincinnati Bengals choosing a DE. Much like Davis and Brinson, most draft boards (that do project Cincinnati to select a DE) have the defending AFC North champs selecting Auburn defensive end Dee Ford. Ford is a pass rusher with "SEC speed" and exceptional strength.
Cornerback is another popular position that has been proposed as the top priority for the Cincinnati Bengals heading into 2014. This proposal is a great one, seeing that the one piece the Bengals lacked on defense in 2013 was an elite cornerback that could change the game with one play. Both, ESPN draft insiders, Mel Kiper Jr. and Todd McShay have Cincinnati acquiring a CB with their first pick. McShay feels Bradley Roby will be the best available cornerback after the first 23 picks. Mel Kiper predicts the Bengals will go with Michigan State's Darqueze Dennard. Though he acknowledges the fact that the Jim Thorpe Award winner would be a huge steal for Cincinnati if he was still available that late in the first round.
Taking Dennard's unanimous First-team All-American selection into consideration, it is plausible the 5'11 corner will be off the board when the Cincinnati Bengals turn finally comes. Ohio State's Bradley Roby will be the next-man-up. Standing 5'11 as well, Roby registered a 4.39 second 40-yard dash time at the NFL Combine. His speed, along with his 38.5 inch vertical jump will make him an extremely reliable cover man at the next level. The Second-team All-American is excellent at jumping slot routes for an INT. He also delivers powerful blows that separate wide receivers from the football. Roby's bump-and-run coverage may be the best of any cornerback coming out this year. Simply put, he is the most sensible choice for Marvin Lewis and Bengals owner/ General Manager Mike Brown in the first round.
Make sure you follow @cover32_CIN and @cover32_NFL on Twitter for all the latest breaking news, columns, blogs and features from the Bengals and the entire NFL.


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Coney Island Burgers
Total Time
Prep 5 mins
Cook 10 mins
Quick and easy; perfect for sleepovers.
Ingredients Nutrition
- 1 lb lean ground beef
- 1⁄2 cup bottled barbecue sauce
- 4 tablespoons pickle relish
- 4 tablespoons chopped onions
- Combine ingredients and form into the shape of hot dogs.
- Saute, turning until brown and cooked through.
- Place in a hot dog bun and serve with mustard.

subset: commoncrawl


text:
Le proporcionamos consejos y trucos para ayudar a iniciarse con los programas principales de RFEM y RSTAB.
A high-rise steel structure is to have bracings in every level. The first level, however, is to be made out of reinforced concrete, and therefore the horizontal bracing should function via this concrete plate. How can I model this rigidly fixed concrete plate in RSTAB?
If you want to model bracing diaphragms in your structural system, you can use members of the types "Rigid" and "Coupling." To model a floor diaphragm, you can specify a diagonal member (or two) that simulates the surface.
If two nodes are connected by a coupling with each other, then this means that the internal forces are directly transferred from node to node. There are no "losses," because the members have an infinite stiffness.
You can add any hinges to the member type "Rigid." For the couplings, there are four variants with and without hinges.
A more accurate modeling is possible in the FE program RFEM, because the beam model covers the effect of diaphragms and plates only approximately. You can, for example, create the beam model in RSTAB, then open it as a copy in RFEM and add surface elements to it.
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- Worldwide Rank #75,582,965
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text:
The Town
first edition Hardcover
New York (1957)
by Faulkner, Wiliam
New York (1957): Random House. First Edition, First Printing. Hardcover. Fine/Near Fine. Second binding, with top edges stained green and orange cloth stamped in black and green; plain white end papers; with the error on page 327, line 8 repeated on line 10. Dust jacket with the price of $3.95 and without "5/57" on front flap. A fine copy in a so nearly fine dust jacket, showing just a trace of wear at head of spine. Petersen A47.1c. (Inventory #: 6376)


text: Home > Business 5 international airlines ready to move to NAIA 3 ABS-CBN News Posted at Jun 05 2014 12:52 PM | Updated as of Jun 05 2014 08:52 PM Share Facebook Twitter GPlus LinkedIn Pinterest MANILA, Philippines - Five international airlines are transferring their operations to Ninoy Aquino International Airport (NAIA) Terminal 3 in August. NAIA 3 manager Octavio Lina said Delta Airlines will be the first to transfer to Terminal 3 on August 1, with four daily flights. KLM Royal Dutch Airlines, Emirates, Singapore Air and Cathay Pacific will also be transferring to Terminal 3 by mid to end of August. KLM will have two daily flights and Emirates will have 6 daily flights. Singapore Air will have 8 daily flights, while Cathay Pacific will have 10 daily flights. These five airlines will be using Terminal 3's south wing, which has not been used for several years. The use of Terminal 3 for international flights is expected to help ease congestion at the NAIA Terminal 1, which is currently undergoing renovation Lina also said the systems for check-in counters and baggage handling are currently being finished at Terminal 3. Around 300 closed circuit TV (CCTV) cameras are being installed inside and outside NAIA 3 and will be operational by August. - from a report by Dexter Ganibe, DZMM Share Facebook Share on Twitter GPlus LinkedIn Pinterest Read More: naia 3 airport airlines Ninoy aquino international airport Delta Airlines /news/12/08/16/duterte-a-murderer-father-of-ejks-de-lima/overseas/12/08/16/pinoy-survivor-recounts-bataan-death-march-experience/news/12/08/16/senate-no-duterte-order-for-state-sponsored-killings/sports/12/08/16/after-uaap-triumph-teng-shifts-focus-to-d-league/news/12/08/16/look-cops-raid-odicta-couples-home-in-iloilo


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WESTBURY - Long Island women today hailed Angelina Jolie's decision to have a preventative bilateral mastectomy.
In an op-ed piece for The New York Times, Jolie detailed her decision to have both of her healthy breasts removed after she discovered she was carrying the BRCA 1 gene.
The BRCA gene dramatically increases the chances of breast and ovarian cancer.
Sharon Stanley, of Westbury, says she also carries the BRCA gene. She lost both her mother and grandmother to cancer. Stanley says she believes Jolie's sincere and heartfelt words will save countless lives.


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Creamy Orzo and Spinach
Total Time
Prep 10 mins
Cook 20 mins
A wonderful side dish, this is quick and easy to prepare. This is from Cuisine at Home and is a kid pleaser as well as adult mac n cheese.
Ingredients Nutrition
- 1 -2 cup orzo pasta, cooked and drained
- 1⁄4 cup grated parmesan cheese
- 1 egg, beaten
- 2 tablespoons heavy cream
- salt & pepper
- 1 lb spinach, stemmed
- 2 tablespoons olive oil
- 3 -4 garlic cloves, sliced
- 1 pinch red pepper flakes
- salt & pepper
- 1 dash balsamic vinegar
- Cook orzo according to package directions, drain.
- Mix parmesan, beaten egg and cream and add to hot orzo.
- The heat will cook the egg mixture.
- Heat oil in skillet, add garlic, sauté until soft.
- Add spinach in batches until wilted.
- Season with red pepper, salt, pepper, stirring.
- Drizzle with a drop of balsamic.
- Top orzo with spinach, serve with additional parmesan if desired.
Most Helpful
This was a delicious side to our grilled pork chops. Thank you very much for a great recipe, chia.
I made this for my friend's elderly mother.She has difficulty swallowing and a delicate stomach.I thought this would be comforting food for her and the egg a nice way to get some protein.Of course I did not add the garlic or pepper flakes.I found it extremely easy to make and yet had a wonderful rich flavor.I am wondering if any one has reheated this in the microwave & if it came out allright?
This was not my favourite, I thought it sounded wonderful, and I followed the recipe but for me, it just had no flavour, I ended up adding alot more salt and then it was ok.


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text: Rockford Students At Two Rockford High Schools Finalists In National STEM Challenge By Katie Finlon • Apr 6, 2016 YouTube user Ford Scholars / "Jefferson Fitness Trail" Screen Shot Two northern Illinois high schools have students competing for a $10,000 prize in a national STEM competition. The money would go to help implement the winning group's project proposals that could benefit their schools and the community. There are ten finalists in the Ford STEM Community Challenge. They include students from Jefferson and East High Schools in Rockford. 14th Annual Puma Cup To Be Held In Rockford This Weekend By Chase Cavanaugh • Apr 1, 2016 Rockford is hosting the 14th annual Puma Cup tournament starting today. The event consists of two tournaments: the College Showcase and Champions Club, which will feature a combined total of 792 teams from across the Midwest and Canada, with competitors ranging in age from 7 to 18. It comes on the tail end of Reclaiming First, a local development campaign that modernized the Rockford Park District "Sportscore" facilities. This means athletes will benefit from improved facilities as well as the opportunity to play on several new synthetic turf fields. Rockford Schools Receive $400,000 Grant By Chase Cavanaugh • Mar 31, 2016 Rockford Public Schools received a $400,000 grant from the Chicago-based Joyce Foundation. The funds are part of a greater effort by the organization to improve student educational opportunities, particularly as they relate to college and the job market. In choosing Rockford, the foundation zeroed in on the district's Academy program, which, in addition to standard instruction, provides career-based learning through company visits, job shadowing programs, and more elaborate capstone projects. To The Brink And Back: Combating Drug Overdoses In Winnebago County By Jenna Dooley • Mar 29, 2016 Numbers from Winnebago County Coroner's Office / Data visualization done in collaboration with the ddiLab in the Department of Computer Science at Northern Illinois University The rate of heroin-related overdose deaths in Winnebago County is among the highest in Illinois. Deaths involving drugs in the county nearly tripled in the last decade. Longtime County Coroner Sue Fiduccia says that means it's time to think outside the box when it comes to breaking down the stigma surrounding addiction and treatment. Rockford Chooses Elgin Officer Dan O'Shea As Police Chief By Susan Stephens • Mar 27, 2016 eEgin police department Rockford's Board of Fire and Police Commissioners announced their pick Thursday for the city's next police chief: Dan O'Shea of the Elgin Police Department. O'Shea is Elgin's Police Operations Bureau Commander. He beat out Rockford Assistant Deputy Chief Doug Pann for the position. A third finalist dropped out earlier this week after he was offered a contract extension at his current position in Racine, Wisconsin. Pages« first ‹ previous … 3 4 5 6 7 8 9 10 11 … next › last »


text:
Home > Eyeglasses > Max Mara > MM 1263 (U89)
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decided: October 9, 1979.
WILLIAM D. ELLIS, APPELLANTv.COMMONWEALTH OF PENNSYLVANIA, APPELLEE
Appeal from the Order of the Court of Common Pleas of Lehigh County in case of Commonwealth of Pennsylvania v. William D. Ellis, No. 78-C-480.
Michael C. Usher, for appellant.
Harold H. Cramer, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for appellee.
Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.
[ 46 Pa. Commw. Page 384]
On April 2, 1977, William D. Ellis (Ellis) was arrested by an officer of the Allentown Police Department and charged with a violation of Section 1037 of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, formerly 75 P.S. § 1037, repealed by the Act of June 17, 1976, P.L. 162 (unlawful to drive a motor vehicle while under the influence of intoxicating liquor). Following a jury trial on July 12 and 13, 1977, Ellis was determined to be guilty of the charge and was sentenced on September 26, 1977.
On February 2, 1978, Ellis received an official notice from the Bureau of Traffic Safety, dated February 1, 1978, informing him that, as a result of his violation of Section 1037 of The Vehicle Code, his operating privileges were revoked for a period of one year, as authorized by Section 616(a)(1) of The Vehicle Code, formerly 75 P.S. § 616(a)(1).
Ellis filed an appeal from the Bureau's revocation order to the Court of Common Pleas of Lehigh County which, after argument, entered an order dismissing the appeal. Ellis then appealed to this Court from this dismissal, and we affirm.
Ellis raises a single issue; namely, that the present Vehicle Code, 75 Pa. C.S. § 1532(b)(1) (effective July 1, 1977), providing for a six-month suspension, causes the one-year revocation under the former Vehicle Code to be unlawful since his revocation was imposed after the repeal of the former Vehicle Code and the effective date of the present Vehicle Code.
[ 46 Pa. Commw. Page 385]
We deem Section 4 of the present Vehicle Code*fn1 to be determinative of this issue and a complete answer to Ellis' appeal. Section 4 reads as follows:
The provisions of Title 75 of the Pennsylvania Consolidated Statutes as added by this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty, or punish any offense, under the authority of any statute repealed by this act.
Since Ellis' violation occurred during the period when the former Vehicle Code was in effect, we must conclude that Section 4 of the present Vehicle Code preserves the revocation powers given to the Bureau of Traffic Safety under the former Vehicle Code. Surely, the case against Ellis was "pending", subject to the provisions of the former Vehicle Code, and the violation was committed prior to the effective date of the present Vehicle Code. Thus, the occurrence of the violation and the pending prosecution, prior to the repeal of the former Vehicle Code, brings the instant case totally within the saving provision of Section 4 of the present Vehicle Code, and we must dismiss Ellis' appeal. See Curtis v. Commonwealth, 38 Pa. Commonwealth Ct. 113, 391 A.2d 1331 (1978).
Order affirmed.
And Now, this 9th day of October, 1979, the order of the Court of Common Pleas of Lehigh County, dated June 19, 1978, dismissing the appeal of William D. Ellis from the license revocation order of the Bureau of Traffic Safety, is hereby affirmed.
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- Damascus has Proof US Talked to ISIS Militants Ahead of Airstrike on Syrian Forces – Lawmakerinfowars.com
- Damascus has proof US talked to ISIS militants ahead of airstrike on Syrian forces – lawmakerinfowars.com
- Syrian Army Poised to Attack 'Very Suspicious' Formerly US-Funded JihadistsSputnik (EN)United States
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Negotiation training often focuses on bridging gaps between negotiators with different styles, backgrounds, or objectives, but what about overcoming generational barriers in negotiation? Generational differences need not stymie efforts at the bargaining table. In this segment from "Dear Negotiation Coach," we explore how to overcome cultural differences in communication with members of the Millennial generation. … Read More
Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.
value creation
The result of cooperative problem-solving skills in a negotiation that uncover joint gains for both parties. Value creation is an aspect of "win-win" or "non-zero-sum" negotiation, in which both parties benefit from the agreement. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 17). See Also: Negotiation Skills: Four Steps for Changing Negotiation Practices in Your Organization, When Lose-Lose Wins, Conflict Management – Anger, the Good and the Bad.
The following items are tagged value creation
Courses and Training
Fall Negotiation and Dispute Resolution
This highly interactive semester-length seminar explores the ways that people negotiate to create value and resolve disputes. Designed both to improve understanding of negotiation theory and to build negotiation skills, the curriculum integrates negotiation research from several academic fields with experiential learning exercises. … Read More
Canada-China Panda Acquisition Negotiation
Stephen Weiss Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans … Read More
Business Negotiation Skills: How to Enhance Your Negotiated Agreement
A common topic in our business negotiations articles are negotiation topics in business about enhancing your deal after signing the negotiated agreement. After all, not all contracts are created equal. … Read More
Water Diplomacy
Shafiqul Islam and Lawrence E. Susskind In this book, the authors show how open and constantly changing water networks can be managed successfully using collaborative adaptive techniques to build informed agreements among disciplinary experts, water users with conflicting interests, and governmental bodies with countervailing claims. … Read More
Use Integrative Negotiation Strategies to Create Value at the Bargaining Table
How can you uncover additional value, make useful trades, and put together a package that exceeds your party's expectations? Here are four integrative negotiation strategies for value creation that all negotiators should add to their toolkit. … Read More
Handbook of Dispute Resolution (The)
Winner, National Institute for Advanced Conflict Resolution's 2005 Book Award – A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes … Read More
What an Operatic Role-Play Simulation Can Teach You About Negotiation
A distinguished older soprano, Sally has not had a lead role in two years. However, when another soprano falls ill, the Lyric Opera is eager to hire Sally…but at what price? Sally Soprano is one of the best-known role-play simulations from the Program on Negotiation's Teaching Negotiation Resource Center (TNRC). And it's a classic for good … Read More
World Trade Center Redevelopment Negotiation
Lawrence Susskind, Katherine Harvey, David Kovick, F. Peter Phillips, Marc Wolinsky, Cathy Cronin Harris, and Simeon Baum Six-person facilitated negotiation among representatives of the city, state, developer, insurer, and victims' families regarding the redevelopment of the World Trade Center site following the Sept. 11, 2001 terrorist attacks … Read More
What are the Top Three Defensive Negotiation Strategies You Need to Know?
In the course of a career, a negotiator will confront many skilled persuaders. Here, we review three defensive negotiation strategies a negotiator can employ. … Read More
United States v. Dunlop
Dan Vogel, under the supervision of Robert Bordone Four-person, three-issue, two-round between U.S. prosecutors, an executive charged with securities fraud, and defense counsel over the terms of a possible plea bargain; attorney-client interviews are followed by a plea bargain negotiation … Read More
Arbitration vs Mediation: How Negotiators Can Effectively Use Alternative Dispute Resolution (ADR)
Arbitration, mediation, and the dispute resolution process – how negotiators can effectively use alternative dispute resolution (ADR), conflict management and conflict resolution techniques to resolve disputes, repair relationships, and find opportunities for value creation at the bargaining table. It's often the case that when two people or organizations try to resolve a dispute by determining who … Read More
Theotis Wiley
Jake Erhard, under the supervision of Robert Bordone Two-party integrative negotiation between agents for a basketball player and a shoe manufacturer over a possible sneaker endorsement deal … Read More
How to Break Through Barriers to Negotiations
In negotiation, we sometimes face the dreaded task of asking difficult people, intimidating opponents, and otherwise daunting counterparts for a big favor. How can we close the deal when we can barely summon up the courage to talk to the person in the first place? … Read More
Super Slipster
Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company … Read More
Protecting Yourself from Competitive Expectations
Like other cognitive biases, competitive expectations can be insidious. Fortunately, there are several steps you can take to forestall their negative consequences. … Read More
Collective Bargaining at Southern Express
Lawrence Susskind and Charles Hecksher Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a major airline; includes an internal team meeting before external negotiations … Read More
Value Claiming in Negotiation
In most negotiations, we face two goals: claiming value and creating value. Value can be defined as anything you would like to get out a negotiation, whether it be more dollars, a consulting contract, a new rug, an end to conflict, and so on. … Read More
Billboards in Wyethville
Kelly Davenport and Lawrence Susskind Six-party negotiation among business, municipal, and environmental representatives regarding a potential ban on billboard advertising … Read More
Conflict Negotiation Strategies: Apple's Apology in China
When dealing with a difficult counterpart, it helps to take a conciliatory approach to the bargaining table. While apologies necessarily involve moments of vulnerability, they can also open doors to value creation and strengthen the relationship you have with your bargaining counterpart. Let's look back at Apple's apology in China for its maligned warranty policies … Read More
Negotiating Skills and Negotiation Strategies: Emotional Expression at the Bargaining Table
Most of the existing negotiation research on affect in negotiation has focused on emotional experience rather than on emotional expression. Yet negotiation studies have shown that emotional expression can occur independently from feelings, making expression worthy of investigation. Marwan Sinaceur and Larissa Tiedens of Stanford University found that negotiators made more concessions when facing counterparts who expressed … Read More
Negotiation Topics in Business: Coming Up with Win-Win Solutions at the Bargaining Table
Even those who effectively engage in an integrative negotiations or mutual-gains approach to negotiation, a bargaining scenario in which parties work together to meet interests and maximize value creation during the negotiation process, can be stymied by the task of dividing up a seemingly fixed pie of resources, such as budgets, revenue, and time. … Read More
The Star Wars Negotiations and Trust at the Negotiation Table
What is negotiation in business? Negotiation research has identified it as a process of building trust and negotiation tactics for building trust at the bargaining table have proven effective in helping negotiators create, and claim, more value out of dealmaking scenarios. … Read More
Conflict Management: Anger – The Good and the Bad
Most negotiations are "mixed motive" in structure, requiring us both to compete to claim value and to cooperate to create value. The ability to move back and forth between these two goals is a critical – and difficult – skill to master. … Read More
How to Use Tradeoffs to Create Value in Integrative Negotiations
How do expectations of fairness and reciprocity at the bargaining table impact negotiator decisions regarding the strategies and tactics they use at the negotiation table? … Read More
When Lose-Lose is the Best Alternative to a Negotiated Agreement (BATNA)
As the famous tale "The Gift of the Magi" illustrates, sometimes the best outcomes in negotiated agreements is a lose-lose situation for both parties. … Read More
Test Your Negotiation Decision-Making Ability
A negotiation research study using distributive negotiation examples sheds interesting light on decision-making capabilities, intelligence, and "intuition." … Read More
3 Strategies for Conflict Resolution
When a dispute flares up, the outcome can be sadly predictable: the conflict escalates, with each side blaming the other in increasingly strident terms. The dispute may end up in litigation, and the relationship may be forever damaged. … Read More
Repairing Relationships Using Negotiation Skills
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends. … Read More
How to Overcome Cultural Barriers in Communication – Cultural Approximations of Time and the Impact on Negotiations
Some of the most fundamental international negotiation skills to develop are negotiation strategies on how to overcome cultural barriers in communication. … Read More
Alternative Dispute Resolution: Four Conflict Negotiation Strategies for Resolving Values-Based Disputes
In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. … Read More
Integrative Negotiation Examples: Effective Anchors as First Offers
People tend to irrationally fixate on the first number put forth in a negotiation—the anchor—no matter how arbitrary it may be. … Read More
Managing Difficult Conversations: Achieving Objectives with Backmapping Negotiation Strategies
The problem: Your negotiation seems to be over before it has begun. Your targeted counterpart is refusing to sit down with you or simply ignoring your requests. How can you get her to see that she would benefit from negotiating with you? … Read More
The Difficulty of Achieving a Win-Win Negotiation Outcome: Negotiations with Iran
In a negotiation, it may help to signal to your counterpart your willingness to engage in bargaining aimed at creating a win-win outcome for both parties. … Read More
Integrative Bargaining Examples: Expanding the Pie – Integrative versus Distributive Bargaining Negotiation Strategies
Imagine that you're buying a used car from its original owner. Of course, you want to get the best deal you can for your money, while your counterpart wants to maximize the value of his asset. After haggling with one another, each side finally arrives at a price point acceptable to both parties. But how … Read More
How Principal Agent Theory Works in Business Negotiations: Dealmaking Strategies for Bargaining with Agents
The Program on Negotiation has identified three basic sets of circumstances in which you'll be better off tapping an agent (see also principal agent theory) to take your place at the bargaining table (at least for part of the negotiating process): … Read More
Women Negotiators Break New Ground in South Sudan
In many other parts of the world, women face the daunting challenge of winning a place at the negotiating table in the first place. In particular, UN Women, an agency of the United Nations, has noted that women are vastly underrepresented in formal peace negotiations worldwide. … Read More
Negotiation Skills: Four Steps for Changing Negotiation Practices in Your Organization
Individual negotiators are sometimes overwhelmed by the idea of leading organization-wide changes to negotiation practices. In fact, it doesn't take much time or effort to set the wheels of reform in motion, write Hallam Movius and Lawrence Susskind in Built to Win. Here are four simple steps to implement in your workplace: … Read More
BATNA: Negotiation Preparation to Help Avoid Giving Up at the Bargaining Table
When you expect an opponent to be competitive, your confidence in the outcomes you can achieve in negotiation is likely to plummet. In negotiation research with Adam Galinsky of Northwestern's Kellogg School of Management, negotiators were provided with some background about their counterpart including information on how competitive their counterpart has been in previous negotiations. … Read More
Negotiation Topics in Business and Negotiation Strategy: Make a Bump Plan
Regrouping from the cancellation of the 2004–2005 season due to failed labor negotiations, National Hockey League (NHL) teams and players faced the challenge of radically restructuring their collective bargaining agreement (CBA) in July 2005. The new CBA instituted a uniform cap (as well as a floor) on team payrolls. It also set maximums and minimums … Read More
Drinks at the White House? Clinton Plans on It
The practice of using alcohol to grease the wheels has a long and storied role in famous negotiations. In recent decades, shared drinks during adversarial bargaining helped lead to breakthroughs in conflicts in Serbia and Northern Ireland, for example. … Read More
Beware Self-Fulfilling Prophecies in Negotiation
A self-fulfilling prophecy is a prediction of expectations that a person has that comes true because he or she expects it will. … Read More
Define Negotiation Skills: Improve Your Negotiation Skills Training
How would you characterize your negotiation style: Are you collaborative, competitive, or compromising? … Read More
5 Win-Win Negotiation Strategies
Business negotiators understand the importance of reaching a win-win deal: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read More
Negotiation Skills for Win-Win Negotiations
A few characteristics of negotiation styles include hard bargaining tactics focused on claiming as much value as possible and integrative negotiation strategies such as value creation or win-win negotiation scenarios. What negotiation styles leads to optimal negotiated agreements and are suitable to win-win negotiations? One skill to cultivate that will have a positive impact on … Read More
Make the Most of Mediation in Negotiations and Dispute Resolution
What at first seemed like a minor misunderstanding has spiraled out of control. A Chicago-based printing company hired your Chicago-based IT consulting firm to train its staff to use its new computer system. … Read More
How to Build Trust at the Bargaining Table Using Negotiation Examples of Bargaining Techniques
To maximize the joint gain created by a deal, both sides need to take risks which requires building trust in negotiations. Here's how negotiators can establish the necessary trust. … Read More
Real World Negotiations Examples: Bargaining for a New Car
According to a recent report from NPR Morning Edition's Sonari Glinton, women not only negotiate harder bargains than men when it comes to vehicle purchases, but also they do more extensive preparatory work. Conventional wisdom has always placed the automobile in the realm of the masculine, but the emergence of the prepared and educated female … Read More
Dealing with Difficult People: The Right Way to Regulate Emotion
Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value. For this reason, emotional regulation can be an essential component of negotiation. But different types of regulation create … Read More
MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table
MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More
Managing Factions in Multiparty Negotiations Faultlines in Groups
Group negotiations are a fact of managerial life, yet the outcomes of teamwork are highly unpredictable. Sometimes groups cohere, reaching novel solutions to nagging problems, and sometimes infighting causes them to collapse. How can you predict when conflict will emerge in groups, and what can you do to stop it? Dora Lau of the Chinese University … Read More
Negotiation Topics in Business: Negotiation Tactics for Including Outsiders at the Negotiation Table
One of the most popular negotiation topics in business concerns the role of outsiders to the negotiation. In this article the Program on Negotiation explores how to include outsiders in both your strategy and at-the-table negotiations. … Read More
Financial Negotiations During the Banking Crisis: Did the Mortgage Foreclosure Settlement Meet Its Goals?
The mortgage foreclosure settlement reached by the Obama Administration and major US banks bailed out during the 2008 financial crisis illustrates the importance of an integrative negotiations approach to bargaining with your counterpart. Here are the strategies and techniques employed by each side to reach a consensus on the mortgage foreclosure settlement. … Read More
Negotiating Skills and Negotiation Tactics: 3D Negotiation Techniques
Here are some negotiating skills and negotiation tactics from 3d negotiations by Jeswald Salacuse and David Lax. … Read More
Top Ten Conflict Resolution Posts
Here is a list of our top ten most popular conflict resolution articles. 1. A Cross Cultural Negotiation Example: How to Overcome Cultural Barriers Understanding cultural norms, while avoiding stereotyping, is a key negotiation skill for all international negotiators. Negotiation research reveals that dealmaking across cultures tends to result in worse negotiated agreements than those where … Read More
For a Mutually Beneficial Agreement, Collaboration is Key
What is a mutually beneficial agreement? Some negotiation experts would have you believe that a mutually beneficial agreement is one in which each side grabs as much as it can from a finite pot of resources and calls it a day. At the Program on Negotiation, we urge you to aim higher by combining such competitive value-claiming … Read More
Define Dispute Resolution: Understanding Uncertainty, Risk, and Opportunity
When countries face contending water claims, one of the biggest obstacles to reaching an agreement is uncertainty. Specifically, there are three types of uncertainty: uncertainty of information, uncertainty of action, and uncertainty of perception. In part 2 of this 5 part series, Program on Negotiation faculty member Lawrence Susskind explains the uncertainties facing negotiators trying … Read More
Conflict Management in Negotiation: Training with the Enemy
Negotiation skills tips to help create value during your next session at the bargaining table. Read how collaboration and competition can lead to value creation in business negotiations. … Read More
Negotiation Skills: Could I Really Make a Difference?
Individual negotiators are sometimes overwhelmed by the idea of leading organization-wide changes to negotiation practices. In fact, it doesn't take much time or effort to set the wheels of reform in motion, write Hallam Movius and Lawrence Susskind in Built to Win. … Read More
Matching Rights in Business Negotiations: Advice for the Grantor – Use Matching Rights to Bridge the Gap
In negotiation, including a matching right in an agreement can be a classic win-win move. Suppose you're a landlord negotiating with a prospective tenant. You want to maintain the ability to sell the apartment to someone else in the future, while your prospective tenant wants a commitment to rent the apartment for as long as … Read More
A Value-Creating Condition Thwarted
In late 1999, with its stock in free fall, NCS HealthCare, a provider of pharmacy services to long-term care facilities, began "exploring strategic alternatives" – code in the mergers and acquisitions world that NCS's board wanted to put the company up for sale. In 2001, Omnicare, a larger provider in the same general industry, offered to … Read More
BATNA for the Holidays? Program on Negotiation Co-Founders Bruce Patton and William Ury Discuss the 'Fiscal Cliff' with NPR
The standoff between recently re-elected Democrat President Barack Obama and congressional Republicans has focused attention on the negotiation styles employed by the two parties as they seek to secure their interests while also working toward the resolution of the current budgetary battle. … Read More
Try Skills-Based Strategies First
Before launching a workaround, run through this list of skills-based strategies adopted from Getting Past No: Negotiating Your Way from Confrontation to Cooperation by William Ury (Bantam, 1993). Only attempt a workaround if you've tried them all without success: … Read More
Do Attitudes Influence Results?
Many people consider negotiations to be stressful and threatening. Others view them as challenges to be overcome. Do these different attitudes influence the outcomes that people reach? New research by professors Kathleen M. O'Connor of Cornell University and Josh A. Arnold of California State University sheds light on this important question. … Read More
Accounting for Outsiders in Your Negotiations
If you're in the middle of talks that seem to be going well, here's a warning: consider the impact of the agreement on those who aren't at the table, or suffer the consequences. That's a lesson that Apple and some of the largest U.S. book publishers are currently learning the hard way. On April 12, the … Read More
Fight or Flight
Many things factor into whether you choose "fight or flight" when faced with a difficult situation in life. Whether it is a disagreeable coworker or a border struggle between nations, the decisions made at the onset of conflict often determine the tenor of the entire proceeding. Along with information and a good-faith desire for collaboration, knowing … Read More
Resolving conflict, creating value
Significant business disputes typically involve more than one issue—including disputes that appear to be "just about the money." Who pays and when? In what form is payment made, with what level of confidentiality, and with what effect on future disputes? In the heat of the moment, disputants too often focus on one conspicuous issue (such as … Read More
Negotiation: Challenge or threat?
Adapted from "Do Attitudes Influence Results?" first published in the Negotiation newsletter, January 2007. Many people consider negotiations to be stressful and threatening. Others view them as challenges that can be overcome. Do these different attitudes influence the outcomes that people reach? Research by professors Kathleen O'Connor of Cornell University and Josh Arnold of California State … Read More
Why it pays to build relationships
Adapted from "When Lose-Lose Wins," first published in the Negotiation newsletter, August 2004. Does negotiation research promote the creation of joint gain at the expense of relationship building? Researchers Jared R. Curhan, Margaret A. Neale, and Lee D. Ross suggest that the field is guilty as charged. To illustrate, the team apply author O. Henry's classic tale … Read More
Clearinghouse Customers Speak!
In an effort to understand more about how the PON Clearinghouse does and doesn't meet its customers' needs, we interviewed a number of long-time Clearinghouse clients. We asked what teaching materials they found most valuable and for what reasons. We also asked how they found out about the Clearinghouse and what additional teaching and training … Read More
When Negotiators Act Like Parasites
Adapted from "Creating Values, Weighing Values," by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter. In April 2001, the FTC filed a complaint accusing pharmaceutical companies Schering-Plough and Upsher-Smith of restricting trade. Upsher-Smith had been preparing to introduce a generic pharmaceutical product that would threaten a near monopoly held by Schering-Plough. … Read More
The Angry Negotiator
Adapted from "Emotional Strategy" by Margaret A. Neale (professor, Stanford University), first published in the Negotiation newsletter. Most negotiations require us both to compete to claim value and to cooperate to create value. The ability to move back and forth between these two goals is a critical—and difficult—skill. How do emotions affect value creation and claiming? Researchers … Read More
Too Tough Talk?
Adapted from "Break Through the Tough Talk," by Kristina A. Diekmann (University of Utah) and Ann E. Tenbrunsel (Notre Dame University), first published in the Negotiation newsletter. You might think that cultivating a reputation as a tough bargainer might be the best way to cope with a competitive opponent. But this isn't necessarily the best strategy. … Read More
Accentuate the Positive
Adapted from "Promote the Positive or Minimize the Negative?" First published in the Negotiation newsletter. Tory Higgins, a social psychologist, and his colleagues Lorraine Chen Idson and Nira Liberman have introduced the concept of regulatory focus. According to Higgins, when making decisions, people focus on either promotion or prevention. Those focused on promotion are primarily concerned … Read More
Securities fraud plea bargain
The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. United States v. Dunlop is a four-person, three-issue, two-round exercise between U.S. prosecutors, an executive charged with securities fraud, and defense counsel over the terms of a possible plea bargain; attorney-client interviews are followed by … Read More
Teams across cultures
Adapted from "Team Negotiating: Strength in Numbers?", first published in the Negotiation newsletter. According to conventional wisdom, when it comes to negotiation, there's strength in numbers. Indeed, several experimental studies have supported the notion that you should bring at least one other person from your organization to the bargaining table if you can. On average, this … Read More
Business Negotiation Skills: Negotiate Before the Damage is Done
Suppose you work for a specialty bicycle manufacturer and have negotiated a one-year contract to buy 500 headlamps per month from a supplier for $10 each, with payment due 30 days after receipt. The seller makes five deliveries; you promptly pay $5,000 after each shipment. The seller fails to make the sixth delivery, however, and … Read More


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United States District Court, W.D. Pennsylvania
February 4, 2014
SAMSON OLUMWSEUN ADEYEMI, Petitioner,v.BOBBY L. MEEKS, Respondent.
ARTHUR J. SCHWAB, District Judge.
I. Introduction
Before this Court is a petition for a writ of habeas corpus filed by federal prisoner Samson Olumwseun Adeyemi pursuant to 28 U.S.C. § 2241. For the reasons that follow, the petition is dismissed for lack of jurisdiction.
II. Discussion
A. Relevant Background
In October of 2006, Petitioner was tried before a jury in the U.S. District Court for the Eastern District of Pennsylvania for several crimes related to the robberies of two fast food restaurants located in Philadelphia, Pennsylvania. In relevant part, at Counts 3 and 5 he was charged with using and carrying a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). The jury found Petitioner guilty of both charges.
Pursuant to 18 U.S.C. § 924(c)(l)(A)(ii), the mandatory minimum sentence for possession of a firearm during and in relation to a crime of violence is not less than 7 years "if the firearm is brandished[.]" Pursuant to 18 U.S.C. § 924(c)(l)(C), in the case of a "second or subsequent conviction, " the mandatory minimum sentence is not less than 25 years.
On January 8, 2007, the Eastern District Court of Pennsylvania sentenced Petitioner to the mandatory minimum term of 7 years' imprisonment on Count 3, and to a consecutive term of 25 years' imprisonment on Count Five.[1] At the time, the judge could decide, with respect to Petitioner's first conviction under § 924(c) (Count 3), whether Petitioner's conduct met the requirements to impose the mandatory minimum sentence of 7 years for "brandishing" a firearm, 18 U.S.C. § 924(c)(l)(A)(ii). Harris v. United States , 536 U.S. 545 (2002). The U.S. Supreme Court recently overruled its decision in Harris in Alleyne v. United States, ___ U.S. ___ , 133 S.Ct. 2151 (2013). In Alleyne, which was decided on direct appeal, the Supreme Court extended its holding in Apprendi v. New Jersey , 530 U.S. 466 (2000), and held that, under the Sixth Amendment, any fact that increases the mandatory minimum is an "element" that must be submitted to the jury and proven beyond a reasonable doubt. Alleyne , 133 S.Ct. at 2155-58.
Soon after Alleyne was decided, Petitioner, who is incarcerated within the territorial boundaries of the Western District of Pennsylvania, filed with this Court a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He alleges that the decision in Alleyne renders him actually innocent of the sentences imposed upon him at Counts 3 and 5. [ECF No. 4 at 6-7].[2] Respondent has filed his Answer [ECF No. 13], to which Petitioner has filed a Reply [ECF No. 14].
B. Discussion
"Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute[.]" Cardona v. Bledsoe , 681 F.3d 533, 535 (3d Cir. 2012) (quoting Kokkonen v. Guardian Life Ins. Co. of Am. , 511 U.S. 375, 377 (1994)). "Two federal statutes, 28 U.S.C. §§ 2241 & 2255, confer federal jurisdiction over habeas petitions filed by federal inmates." Id . "The core' habeas corpus action is a prisoner challenging the authority of the entity detaining him to do so, usually on the ground that his predicate sentence or conviction is improper or invalid." McGee v. Martinez , 627 F.3d 933, 935 (3d Cir. 2010). That type of action is brought in the district court that tried and sentenced the prisoner by way of a motion filed under 28 U.S.C. § 2255, which permits a federal prisoner to challenge his conviction or sentence "upon the ground that [it] was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack[.]" In contrast, § 2241 "confers habeas jurisdiction to hear the petition of a federal prisoner who is challenging not the validity but the execution of his sentence, " McGee , 627 F.3d at 935, such as, for example, the way in which the Bureau of Prisons is computing his sentence. See, e.g., Barden v. Keohane , 921 F.2d 476, 478-79 (3d Cir. 1990). A habeas corpus action pursuant to § 2241 must be brought in the custodial court - the federal district court in the district the prisoner is incarcerated - not the district court where the prisoner was tried and sentenced.
Importantly, § 2255 prohibits district courts from entertaining a § 2241 habeas corpus petition filed by a federal prisoner who is raising the types of claims that must be raised in a § 2255 motion unless it "appears that the remedy by [§ 2255 motion] is inadequate or ineffective to test the legality of his detention." 28 U.S.C. § 2255(e). This provision of § 2255 is commonly referred to as the "savings clause, " "safety valve, " or "safety hatch."
Petitioner, who is imprisoned within the territorial boundaries of this Court, contends that the sentenced imposed upon him by Eastern District Court of Pennsylvania is unconstitutional. His claims are precisely the type that must be brought in a § 2255 motion before the district court that tried and sentenced him. Of course, this Court is aware that since Petitioner has already filed one § 2255 motion in the Eastern District Court of Pennsylvania, he cannot at the present time file a second one. That is because the 1996 amendments that the Antiterrorism and Effective Death Penalty Act ("AEDPA") made to § 2255 bar a federal prisoner from filing a second or successive § 2255 motion unless the appropriate court of appeals certifies the filing contains, in relevant part, a claim based on "a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable." 28 U.S.C. § 2255(h)(2). See also 28 U.S.C. § 2244(a). Since the Supreme Court has not held that Alleyne is retroactive to cases on collateral review, the courts of appeals cannot authorize a federal prisoner to file a second or successive § 2255 motion based upon that decision. In re Payne , 733 F.3d 1027, 1029 (10th Cir. 2013) (holding that Alleyne is "a new rule of constitutional law, " but declining to authorize the petitioner to file a second or successive § 2255 motion because the Supreme Court has not made it retroactive to cases on collateral review); Simpson v. United States , 721 F.3d 875, 876 (7th Cir. 2013) (same); United States v. Redd , 735 F.3d 88, 91 (2nd Cir. 2013) (even if Alleyne did announce "a new rule of constitutional law, " the Supreme Court did not hold that it was retroactive to cases on collateral review).[3]
Thus, the question before this Court is whether the fact that Petitioner cannot raise his Alleyne claims in another § 2255 motion with the Eastern District Court of Pennsylvania makes the § 2255 remedy "inadequate or ineffective to test the legality of his detention[, ]" 28 U.S.C. § 2255(e), thereby allowing him to utilize § 2241. It is Petitioner's burden to establish that the remedy under § 2255 is inadequate or ineffective. See, e.g., Charles v. Chandler , 180 F.3d 753, 756 (6th Cir. 1999) (per curiam). In this case, Petitioner has not met the requisite burden.
In its landmark case In re Dorsainvil , 119 F.3d 245 (3d Cir. 1997), the Court of Appeals for the Third Circuit recognized the one circumstance under which it has found § 2255's remedy to be inadequate of ineffective since AEDPA amended § 2255 in 1996 to prohibit the filing of second or successive motions. Importantly, in that case the Court of Appeals for the Third Circuit stressed that § 2255's remedy is not "inadequate or ineffective" solely because the petitioner cannot meet the stringent gatekeeping requirements of AEDPA and file a second or successive § 2255 motion with the district court that convicted and sentenced him. Although, the court in Dorsainvil concluded that the circumstance presented in that case was the rare one in which a federal prisoner could challenge the validity of his conviction under § 2241, it expressly stated:
We do not suggest that § 2255 would be "inadequate or ineffective" so as to enable a second petitioner to invoke § 2241 merely because that petitioner is unable to meet the stringent gatekeeping requirements of [AEDPA's amendments to] § 2255. Such a holding would effectively eviscerate Congress's intent in amending § 2255."
Dorsainvil , 119 F.3d at 251. See, e.g., Cradle v. United States ex rel. Miner , 290 F.3d 536, 539 (3d Cir. 2002) (per curiam) ("Section 2255 is not inadequate or ineffective merely because the sentencing court does not grant relief, the one-year statute of limitations has expired, or the petitioner is unable to meet the stringent gatekeeping requirements of the amended § 2255. "); Okereke v. United States , 307 F.3d 117, 120 (3d Cir. 2002); Young v. Yost , 363 F.Appx. 166, 169 (3d Cir. 2010) (per curiam) ("Section 2255 is not inadequate or ineffective' merely because the Fourth Circuit Court of Appeals denied [the petitioner] permission to file a second or successive § 2255 motion raising his present claim."); Gilbert v. United States , 640 F.3d 1293, 1308 (10th Cir. 2011) ("We join all other circuits in refusing to interpret the savings clause in a way that would drop the §2255(h) bar on second and successive motions, defeat its purpose, and render it pointless.")
The petitioner in Dorsainvil, Ocsulis Dorsainvil, was convicted, inter alia, of using a gun in connection with a drug crime under 18 U.S.C. § 924(c)(1). He was so convicted notwithstanding that he did not "use" the gun but the gun was merely present in the car from which the drugs were to be bought. After he had exhausted his appeals and litigated his first § 2255 motion, the Supreme Court in Bailey v. United States , 516 U.S. 137 (1995) construed the criminal statute under which Dorsainvil was convicted (18 U.S.C. § 924(c)(1)) to exclude from the ambit of the statute mere presence of a gun at a drug crime, thus arguably rendering him actually innocent of the crime of using a gun in connection with a drug offense.
Post Bailey, Dorsainvil applied to the Court of Appeals for the Third Circuit for authorization to file in the district court a second or successive § 2255 motion. The court had no choice but to deny his request because he could not satisfy AEDPA's gatekeeping requirements for the filing of a second or successive § 2255 motion. Although Bailey was a substantive rule that applied retroactively to cases on collateral review, Bousley v. United States , 523 U.S. 614, 620-21 (1998), the Supreme Court's decision in Bailey was one of statutory construction, and therefore did not constitute "a new rule of constitutional law ... that was previously unavailable[.]" Dorsainvil , 119 F.3d at 247-48 (quoting 28 U.S.C. § 2255 (now at § 2255(h)) (emphasis added)).
The Court of Appeals for the Third Circuit concluded that under the circumstances, Dorsainvil had established that § 2255 was "inadequate or ineffective" to test the legality of his detention and, therefore, he could bring his claim in a § 2241 habeas corpus petition:
A similar case "involv[ing] the availability of collateral relief from a federal criminal conviction based upon an intervening change in substantive law" came before the Supreme Court in Davis v. United States , 417 U.S. 333, 334 (1974). In that case, the Court stated that a Supreme Court decision interpreting a criminal statute that resulted in the imprisonment of one whose conduct was not prohibited by law "presents exceptional circumstances where the need for the remedy afforded by the writ of habeas corpus is apparent." Id. at 346 (internal quotations omitted). The Court held that " if [petitioner's] contention is well taken, then [his] conviction and punishment are for an act that the law does not make criminal. There can be no room for doubt that such a circumstance inherently results in a complete miscarriage of justice and present(s) exceptional circumstances that justify collateral relief under § 2255. " Id. at 346-47 (internal quotations omitted); see also United States v. Addonizio , 442 U.S. 178, 186-87, (1979) (discussing Davis and observing that a refusal to have vacated his sentence "would surely have been a complete miscarriage of justice, ' since the conviction and sentence were no longer lawful").
The decision in Davis that § 2255 was broad enough to cover a defendant imprisoned for a crime that an intervening decision negates does not govern Dorsainvil's motion before us only because he has brought his claim for relief on a second § 2255 motion [subject to the gatekeeping provisions of AEDPA]. In the earlier part of this opinion, we construed the AEDPA to preclude our certification of a second § 2255 motion that relied on the intervening decision in Bailey as a basis for certification. Thus, Dorsainvil does not have and, because of the circumstance that he was convicted for a violation of § 924(c)(1) before the Bailey decision, never had an opportunity to challenge his conviction as inconsistent with the Supreme Court's interpretation of § 924(c)(1). If, as the Supreme Court stated in Davis, it is a "complete miscarriage of justice" to punish a defendant for an act that the law does not make criminal, thereby warranting resort to the collateral remedy afforded by § 2255, it must follow that it is the same "complete miscarriage of justice" when the AEDPA amendment to § 2255 makes that collateral remedy unavailable. In that unusual circumstance, the remedy afforded by § 2255 is "inadequate or ineffective to test the legality of [Dorsainvil's] detention."
There is no reason why § 2241 would not be available under these circumstances, provided of course that Dorsainvil could make the showing necessary to invoke habeas relief, an issue for the district court.
Dorsainvil , 119 F.3d at 250-51 (emphasis added).
Petitioner contends that this case falls within § 2255's "savings clause" because, just as Bailey rendered Dorsainvil potentially actually innocent of violating § 924(c)(1), the decision in Alleyne renders him actually innocent of: (1) brandishing a firearm under 18 U.S.C. § 924(c)(1), and hence the mandatory minimum sentence of 7 years at Count 3; and, (2) at Count 5 the mandatory minimum sentence of 25 years for a second or subsequent conviction pursuant to 18 U.S.C. § 924(c)(1)(C). [ECF No. 4 at 6-7].
Petitioner's argument is without merit. The Court of Appeals for the Third Circuit has excluded from the ambit of Dorsainvil the type of sentencing claims that he is making in this case. In Okereke v. United States , 307 F.3d 117 (3d Cir. 2002), the petitioner argued in a § 2241 habeas corpus petition that the sentence imposed upon him violated the Supreme Court's holding in Apprendi because the judge increased his sentence on the basis of drug quantity not found by a jury. The Court of Appeals for the Third Circuit rejected his argument, holding:
Motions pursuant to 28 U.S.C. § 2255 are the presumptive means by which federal prisoners can challenge their convictions or sentences that are allegedly in violation of the Constitution. See Davis v. United States , 417 U.S. 333, 343, 94 S.Ct. 2298, 41 L.Ed.2d 109 (1974). In In re Dorsainvil, we interpreted the statutory language providing that § 2255 must be used to raise a challenge to the validity of a conviction or sentence unless that section is "inadequate or ineffective." 119 F.3d 245 , 251 (3d Cir.1997). We found such a situation in In re Dorsainvil, where the petitioner was in the "unusual position" of a prisoner with no prior opportunity to challenge his conviction for a crime that an intervening change in substantive law could negate with retroactive application. Id . In short, Dorsainvil may have been convicted for conduct the Supreme Court in Bailey v. United States , 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), deemed not to be criminal. See id.
The District Court held that Okereke's case fit within the narrow exception of In re Dorsainvil on the ground that Apprendi v. New Jersey , 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), was an intervening change in law that Okereke could not have predicted and could not have used as the basis of a § 2255 motion. However, In re Dorsainvil was a rare situation. A § 2255 motion would be inadequate or ineffective only if the petitioner can show that a limitation of scope or procedure would prevent a § 2255 proceeding from affording him a full hearing and adjudication of his wrongful detention claim. See Cradle v. United States , 290 F.3d 536, 538 (3d Cir. 2002) (per curiam).
Unlike the intervening change in law in In re Dorsainvil that potentially made the crime for which that petitioner was convicted non-criminal, Apprendi dealt with sentencing and did not render conspiracy to import heroin, the crime for which Okereke was convicted, not criminal. Accordingly, under our In re Dorsainvil decision, § 2255 was not inadequate or ineffective for Okereke to raise his Apprendi argument.
Id. at 121 (emphasis added).
In the recent non-precedential decision of Jackson v. Shartle, 535 F.Appx. 87 (3d Cir. 2013), the Court of Appeals for the Third Circuit relied on its holding in Okereke to reject the petitioner's argument that the decision in Alleyne permitted him to utilize § 2255's savings clause so that he could challenge the validity of his sentence in a § 2241 petition. The court held:
In this case, Jackman cannot avail himself of the "safety valve." He relies on the recent United States Supreme Court case Alleyne v. United States, ___ U.S. ___ , 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), to support his petition. Alleyne is an extension of Apprendi v. New Jersey , 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), which held that that defendants have the Sixth Amendment right to a jury finding beyond a reasonable doubt of all facts that increase the penalty for a crime beyond the statutory maximum sentence. Specifically, Alleyne overruled the Supreme Court's decision in Harris v. United States , 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), and held that the rule of Apprendi applies to facts that increase the statutory minimum sentence. Because we have held that Apprendi claims must be brought pursuant to § 2255, not § 2241, see Okereke , 307 F.3d at 120-21, it follows that Alleyne claims must be brought pursuant to § 2255 as well. Thus, the District Court did not err in dismissing Jackman's § 2241 petition for lack of jurisdiction.
Jackman, 535 F.Appx. at 89 (emphasis added). See also Sacksith v. Warden Canaan USP, ___ F.Appx. at ___, 2014 WL 279754 at *2 ("Alleyne is essentially an extension of Apprendi v. New Jersey , 530 U.S. 466 (2000).... We have held that § 2255 [i]s not inadequate or ineffective for [a prisoner] to raise his Apprendi argument, ' Okereke , 307 F.3d at 121, and there is no basis to treat claims brought under Alleyne differently. Thus, the District Court did not err in dismissing Sacksith's § 2241 petition.") (bracketed text in original).
In conclusion, Petitioner's claims do not fall within the narrow "savings clause" exception set forth in Dorsainvil. The Court recognizes that Dorsainvil does not answer the question of whether the circumstance the Court of Appeals for the Third Circuit confronted in that case is the only situation in which a petitioner may be able to establish the adequacy or ineffectiveness of § 2255's remedy. 119 F.3d at 252 ("Our holding that in this circumstance § 2255 is inadequate or ineffective is therefore a narrow one. In the posture of the case before us, we need go no further to consider the other situations, if any, in which the nadequate or ineffective' language of § 2255 may be applicable."). However, it is as of this date the only circumstance recognized by the Court of Appeals for the Third Circuit since the enactment of AEDPA, and there is nothing about Petitioner's case that justifies recognizing any exception in addition to the narrow rule in Dorainvil.
Because this case does not present the rare situation rendering § 2255 inadequate or ineffective, this Court does not have jurisdiction and the petition is dismissed.
III. Certificate of Appealability
28 U.S.C. § 2253 codified standards governing the issuance of a certificate of appealability for appellate review of a district court's disposition of a habeas petition. Federal prisoner appeals from the denial of a habeas corpus proceeding are not governed by the certificate of appealability requirement. United States v. Cepero , 224 F.3d 256, 264-65 (3d Cir. 2000); 28 U.S.C. § 2253(c)(1)(B). As such, this Court makes no certificate of appealability determination in this matter.
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Antique 18thc Georgian Solid Silver Tankard, Isaac Cookson, Newcastle C.1744
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Antique 18thc Georgian Solid Silver Tankard, Isaac Cookson, Newcastle C.1744:
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ANTIQUE 18thC GEORGIAN SOLID SILVER TANKARD, ISAAC COOKSON, NEWCASTLE c.1744 Description
Antique Very Rare 18th Century Georgian Solid Silver Large Tankard of tapering cylindrical form with ribbed girdle anddomed cover with On slow pattern thumbpiece, the scroll handle terminating in heart-shaped escutcheon.Hallmarked English Silver, Newcastle, year 1744 (E), Maker's mark I.C (Isaac Cookson).
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