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PR-mageddon! for the week of March 7
Just in case the public relations buzzwords haven't been jumping out at you enough, PR-mageddon! this week unveils a new feature: bold buzzwords. Enjoy …
Microsoft Launches Document Interoperability Initiative, March 6: "The launch of this initiative is an important step in Microsoft's commitment to implement a set of strategic changes in its technology and business practices to expand interoperability through the implementation of its interoperability principles. The Document Interoperability Initiative focuses on bringing vendors together to promote interoperability between document format implementations through testing and refining those implementations, creation of format implementation test suites, and the creation of templates designed for optimal interoperability between different formats."
SAP and IDS Scheer Partner to Bring Customers Easier Modeling and Visualization of Enterprise Services, March 4: "Users will have visibility into a variety of scenarios including the harmonization and standardization of heterogeneous IT landscapes and the implementation of specific process innovations enabled by enterprise services."
Oracle Strengthens Content Security, Enhances Enterprise Content Management Platform, March 3: "Oracle also delivered several new features to Oracle Universal Content Management including: Support for BPEL-based (Business Process Execution Language) processes, or standards-based integrations and processes, which helps streamline the integration of document workflows and enterprise applications to enable organizations to more effectively use enterprise content, improve efficiency and accelerate business processes."
Symantec Delivers Endpoint Encryption Offering to Help Protect Sensitive Information, March 3: "Designed to help customers protect sensitive information and mitigate the increasing risks of data loss, Symantec Endpoint Encryption offers scalable, centralized management for easy deployment and administration. Customers may also leverage existing tools through synchronization with Microsoft Active Directory for group policy management."
Surprise! CDW research shows small businesses worried about IT spending
Yes, here I am, with more depressing economic news for those of you out there in IT services land who count on small businesses as your bread-and-butter clients.
CDW's latest CDW IT Monitor shows that only 29 percent of small businesses expect their IT budgets to increase over the next six months. That compares with 53 percent of all the businesses responding to the IT solution provider's bimonthly poll of IT decision makers, which encompasses the opinions at least 1,000 participants.
Still, the overall index stands at 73 for February, which is an increase from 69 last December.
In his analysis of the data, CDW Vice President Mark Gambill says that the lower scores for the small-business sector could be tied to the fact that small businesses generally see less perceived value in their IT investments than do midsize or large companies. The results show that 39 percent of small businesses believe that IT helps their bottom line, compared with almost 80 percent of the larger companies. That's a big gap and one that VARs need to work on.Here's a site where you can poke around more at CDW's research.
Done deal: Oracle's Kennedy is now VP, Microsoft Dynamics Partners
It's official — at least within Microsoft walls — Doug Kennedy is aboard as vice president, Microsoft Dynamics Partners.
Kennedy was senior vice president of worldwide alliances and channels at Oracle, a Microsoft rival in databases and, increasingly, in business apps.
At Microsoft, Kennedy will report to Klause Holse Andersen. As of Friday afternoon, Microsoft remained mum on the news, at least to outsiders.
In an interview in New York on Friday afternoon, MBS corporate vice president Kirill Tatarinov refused comment on Kennedy's change of status. "We have nothing to announce," Tatarinov stated. Not once, not twice, but three times. You can't say I didn't try.
But later Friday an internal Microsoft email that surfaced, confirmed that Kennedy is, in fact, the new "Microsoft Dynamics Partner Lead" and that Steve Malme is stepping down from that position.
It'll be interesting to see if Kennedy appears at Convergence, the big MBS customer and partner event in Orlando next week.
One thing is sure, Stephen Elop, the incoming head of the overall Microsoft Business Division, will be in Orlando for the big 'do, meeting with customers and partners. Elop is taking over that position from Microsoft veteran Jeff Raikes, who is retiring.
That Elop will be on the scene in Orlando was something Tatarinov did share. Also, CEO Steve Ballmer will be on hand to assure the 10,000 attendees that business apps remain a priority for Microsoft even as it pursues its $40-billion-plus Yahoo bid and seeks to wrest Web search-and-ad dominance from Google.
Barbara Darrow can be reached at firstname.lastname@example.com.
Microsoft has no hosted ERP plans, exec says
Hosted enterprise resource planning (ERP) software is not in Microsoft's future, according to one exec.
Microsoft offers hosted customer relationship management (CRM) software through its Dynamics CRM Live service, but corporate vice president Michael Park just told me that Microsoft has no plans to do the same with ERP.
"The architecture we're making the bet on is CRM," he said. "With ERP, we've got a good number of partners who are hosting it for us."
Microsoft partners told us that the company has been floating the idea of hosted ERP, but it looks like that's dead — at least for the time being. Park did leave some wiggle room, saying Microsoft will "adjust course" if the ERP market changes.
Some Microsoft partners have been worried that Dynamics CRM Live will compete with their own CRM offerings, so at least they won't face a similar threat with ERP any time soon.
Oracle's Kennedy heads to Microsoft
Not only is Oracle's worldwide channel chief flying the coop, he's swooping into the nest of the enemy.
Doug Kennedy has taken an executive position at the Redmond, Wash. software giant, several sources close to Oracle have confirmed.
He will be working in Microsoft's business-applications push, one source said. [Friday morning update: Kennedy has taken a General Manager position within Microsoft's applications group, a well-placed source said. Microsoft has not returned calls for comment. An Oracle spokeswoman confirmed Kennedy's exit but said she was unaware of his plans.]
In some ways, timing could not be better from Redmond's point of view: Microsoft Convergence, the annual Microsoft Business Solutions user conference, kicks off next Tuesday in Orlando. Microsoft will use the show to play up its CRM Live push and will trot out Steve Ballmer and Kirill Tatarinov, corporate vice president of Microsoft Business Solutions for the assembled masses of MBS partners and customers.
In many ways luring Kennedy is a great move for Microsoft and logistically it's a no-brainer for Kennedy himself, who lives in the Seattle area. Kennedy was senior vice president of worldwide alliances and channels and reported directly to Oracle president Charles Phillips.
That Kennedy left just months after his North Americas counterpart Rauline Ochs exited tweaked some Oracle partners. Ochs, however, went to Safeco, a large and long-time Oracle customer whereas Kennedy crossed enemy lines.
One insider said the executive suite at Oracle is humming. "There's talk about a non-compete. They're p@#$@d," this source said.
Kennedy who spent 16 years at Oracle, witnessed first hand the vendor's multi-multi-multi-billion-dollar applications arms race during which it bought PeopleSoft (which had just bought J.D. Edwards); Siebel Systems, Retek, i-Flex and other companies.
Fasten your seatbelts. This could get bumpy.
Barbara Darrow can be reached at email@example.com.
Ballmer the baller?
Steve Ballmer must really want to buy something big.
With a potential Yahoo acquisition still up in the air, the Microsoft CEO has turned his attention to the hometown basketball team, the Seattle SuperSonics. The Seattle Times reported today that Ballmer is part of a local investment group trying to buy the Sonics from owner Clay Bennett.
Bennett, who is about as popular in Seattle as Ballmer is at Yahoo headquarters, wants to move the Sonics to Oklahoma City. Ballmer's group would keep the team in Seattle and chip in $150 million to renovate its arena — an act of "heroism" greater than any Microsoft product launch.
The plans of Ballmer's group are far from a slam dunk, as Bennett has said the team is not for sale. But with the help of angry fans, Ballmer's group could make a full-court press on Bennett. And that just might be enough to eek out a last-second buzzer-beater for the city of Seattle.
Oracle gets new worldwide channel chief in Althoff
Big channel changes atop Oracle.
Doug Kennedy is leaving the database-and-biz-apps giant and Judson Althoff will replace him as Oracle's global channel chief, several sources confirmed.
Update: Oracle's Kennedy takes off for Microsoft.
The news went out internally Wednesday in an email from Oracle prez Charles Phillips.
That succession may be settled but it also leaves one key roll — North Americas channel chief — unfilled. Rauline Ochs left that post to join Safeco late last year. Some well-placed Oracle sources expected Althoff to take on Ochs role.
Althoff has been with Oracle for nearly a decade, spearheading its relationship with Dell, HP, CDW, and distributors Ingram Micro and Tech Data. Some partners say that his rapport with Dell and CDW (both viewed as near-demons by VAR partners) may make him an odd backer for value-added partners.
Others say that Althoff's direct line to Phillips could actually help such partners gain leverage in their dealings with the vendor. Ochs had reported to Keith Block, the head of North American sales. Oracle has a history of tense vendor-partner relationships and now that it has bought tens of billions of dollars worth of business apps expertise, partners want to see further improvement in channel relationships.
"If he's been working with Ingram and Tech Data, he gets the VAR partner role now," said one long-time Oracle partner.
One contendor to replace Ochs as senior vice president of North America alliances and channels, is Tyler Prince, who is now vice president of that same group, said an Oracle source.
One longtime Oracle partner, apprised of Kennedy's departure, was bemused. "I find it curious that within such a short time span both the worldwide and the North American channel execs have left," he noted.
More background on Ochs and Kennedy here.
Barbara Darrow can be reached at email@example.com.
IE 8, Silverlight betas highlight Mix 08
As expected: IE 8 and Silverlight are taking center stage at Microsoft's Mix 08 show in Vegas. So far, company execs announced that beta 1 of Internet Explorer 8 is out or will be soon and Silverlight beta 2 is ready for download.
BetaNews has a blow-by-blow of today's Ray Ozzie and Scott Guthrie keynotes if you can't wait.
IE 8, which will now be much more standards friendly, also has a bunch of new features including WebSlices.
Barbara Darrow can be reached at email@example.com.
Yahoo getting dumb and dumber?
Gizmodo's Wilson Rothman has some brief comments on today's news that Yahoo is trying to partner with AOL to thwart Microsoft's takeover. And he's not a fan.
For starters, the picture accompanying Rothman's post features Jim Carrey and Jeff Daniels from the movie "Dumb and Dumber" — with the Microsoft logo on Carrey and the AOL logo on Daniels. Rothman then asks, "hasn't history proven that working with Time Warner on internet stuff is the business equivalent of trying to conquer Russia in the winter?"
Some Gizmodo readers think Yahoo is only talking to AOL to get Microsoft to increase its offer. But most of those who think Yahoo is serious also have their concerns. One describes a potential Yahoo-AOL merger as "two sinking ships in the night," while another calls it a "match made in HELL!" And user "P3nnst8r" says that if Yahoo is actually considering an AOL partnership, the company must be "trying to go down in a blaze of glory."
Microsoft Office Live Workspace vs. Google Docs: Who will win?
Microsoft Office Live Workspace and Google Docs are going mano a mano over on ReadWriteWeb, where a comparison of the two online services has sparked quite the debate among users.
Microsoft released a public beta of Office Live Workspace yesterday, the same day I covered a Google Enterprise exec's speech in Boston. The exec, Matthew Glotzbach, gave a demo of Google Apps — the enterprise version of Google Docs.
His basic premise: Google is easy to use but still offers the vast majority of features that the vast majority of business users need to do their jobs. He didn't come out and say it, but the implication was that Microsoft can be confusing and overwhelming, much like last week's episode of "Lost."
Anyway, ReadWriteWeb's Sarah Perez evaluated Microsoft Office Live Workspace and Google Docs and came to this conclusion: "Although it's very close when it comes to basic features of the two services, each stands out in its own way." But proponents of each service don't see a close battle at all.
Pro-Google reader "Jrome," for example, commented that "Google Docs is far better than Office Live, especially thanks to its real-time collaboration and mobile access." He also pointed out that Office Live Workspace requires users to have Microsoft Office installed on their computers, which goes against the very premise of "cloud computing."
Meanwhile, a reader named "Brian" defended Microsoft: "In the real-world, Google Docs, Open Office and Ubuntu, etc. are so far behind it's pathetic. Who uses this stuff for actual work? Absolutely no one that I know of, and MS Office works so well there's minimal incentive to change."
That last sentence is key. Before I covered Glotzbach yesterday at the Association for Information and Image Management (AIIM) International Exposition and Conference, I got to see a speech by The New York Times' David Pogue. He also talked about the trend toward simpler technology, but he made it a point to say that simplicity alone will not guarantee a product's success.
Pogue said the iPod sacrificed several features of other portable music players, like a radio tuner, when it debuted. The iPhone similarly gave up on traditional phone features, such as a keypad. Both succeeded. But in a lot of other cases, Pogue said users aren't willing to give up extra features — even features that they rarely if ever use.
Google Docs gets rid of some of those features. It also adds a lot of features that were pretty impressive to see during Glotzbach's demo. We'll just have to wait and see if those features, and Google Docs' easy-to-use interface, can push Google to do for enterprise applications what the iPod did for MP3 players.


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16 Angel Crafts to Make: Homemade Christmas Ornaments & Decorations
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"This is another project that deserves a five-star rating for its bright idea. I'm forever in awe of people who come up with new and novel ideas that make life easier and more convenient without breaking the bank or giving much effort. This Afghan with Sleeves Crochet Pattern is so beautiful and practical, you are not limited to just snuggle under an afghan when feeling cold. You can use this afghan and still be able to use your hands freely sitting or lying down on a couch. This is so lovely, it can be a perfect gift to your mom, sister, brother, grandma, any member of the family actually. Let's go and make this wrapghan."
"What a sweet and great gift. A homemade Christmas card straight from the heart. I have worked with foil before. It takes some practice but once you get the hang of it it is fun to use. I prefer home made Christmas cards over store bought ones. They hold much more meaning."
"These are just Too Cute! And they look like they are so simple to make. I think that my granddaughters will love making and wearing these adorable bracelets. And there was even a link to a place that I could purchase supplies in case I need it. What a clever idea."
"I love the look of crocheted snowflakes, but usually avoid making them as they feel so time consuming to me. Not this pattern! The hook size and yarn weight make this a snap to create, and yet the finished product is every bit as delicate and dainty as snowflakes made from thread! Several of my family members will be getting this for Christmas this year!"
Decoupage Holiday Ornament
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Tear out photos, designs and words to decoupage a holiday ornament from I Love to Create. Make sure to select some paper in holiday colors for your ornament. For another decoupage holiday craft, see the Decoupage Holiday Plate.
- Tulip® Fashion Glitter™ 23554 Red Fine Jewel
- Collage Pauge Instant Decoupage™
- Aleene's® Original Tacky Glue®
- Photo
- Decorative papers
- Paper towels
- Foam brush
- Foil
- Glass ball ornament
- Cut or tear words or special designs from papers you wish to be predominate on ornament.
- Cut or tear additional pieces until there are enough to cover ornament. If paper is torn it will leave a ragged white edge, which will make it look more like a collage.
- Cover work surface with paper towels. Shake bottle of Collage Pauge well. Squeeze a puddle onto foil. Working in a small area at a time, quickly brush Collage Pauge onto ornament and onto back of a strip of paper. Smooth paper onto wet glue on ornament. Brush a coat of Collage Pauge over paper. Dip fingers into water. Smooth out any air bubbles, starting at center and working outward in a circle.
- Repeat procedure until ornament is covered. Repeat procedure to add words or special designs.
- Apply a coat of Collage Pauge. Let dry, we recommend hang dry.
- Embellish with glue, sprinkle with glitter.
Don't miss out on more decoupage fun! Visit our page of 33 Fabulous Decoupage Ideas Plus 3 Helpful Tutorials for more ways to decoupage for all of your special occasions!
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Nov 27, 2009
Nice!! Looking forward to making these for christmas gifts! Can make one, baby's first christmas, with photo. Couple's first christmas, picture first car, so many ideas! Family group! Make family group, cute snowman picture family, with names.
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Our own T-shirts. This is our way of life: Life Slow and Die Old.🙂 You can buy them in our shop.
Honeymoon Disease
Honeymoon Disease is a swedish Rock and Roll band in the way of Hellacopters. They have published Bellevue Groove, a 7inch single and his debut album (we are working on the design right now) on Napalm Records, house of uncountable legends as Brant Björk, John […]
Dos Piedras T-shirt design. Digital collage.
Dirty Fences Crewneck, T-Shirt and Poster.
The guys from Dirty Fences loved the poster we did for his Donostia concert and decided to print some shirts and crewnecks. The mighty OBEY printed and sold them! Awesome! They are almost sold out but you can still pick up some at Eliminator […]
TOAD & GATECREEPER 7inch split
Take Over And Destroy & Gatecreeper wanted a Wester/Horror movie design. Purchase the record here.
Take Over And Destroy T-Shirt
Take Over And Destroy is an American rock & roll band from the 1970's trapped inside a Scandinavian metal band from the 1990's. A dream come true for Branca Studio. You can buy the Tee here.
Hypnos 7 inch
7 inch design for the swedish retro rock band Hypnos. You can hear and buy the single here.
Hypnos Lp
LP design for the swedish retro rock band Hypnos. You can hear and buy the album here.
El espectrocopio del alma
Cubierta de libro para Orciny Press
El final del duelo.
"Novela de Alejandro Marcos Ortega. El final del duelo es una novela para aficionados a la fantasía urbana que buscan una historia adulta que les hable directamente y les lleve a reflexionar sobre su propio pasado y sus propias decisiones" Orciny Press


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Talk:Treaty of Granada (1491)
From Wikipedia, the free encyclopedia
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I have just posted the full treaty of Granada in spanish , on Spanish wiki [1] . I plan on translating it into english , and posting it on WIkipedia english. However , if there are any eager beaver translators out there please feel free to roll up your sleeves and do the translating.--Aesed 05:14, 13 June 2006 (UTC)
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Is ChipsAway DaveMarshall incorrect or missing key business information? Update your Hotfrog listing today.
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Hotfrog Ireland provides information regarding ChipsAway DaveMarshall in South Dublin Dublin. ChipsAway DaveMarshall is located at South Dublin Dublin and provides Car Paint Repair services. Contact them on 086 880 2776 or by visiting them on their website http://www.chipsaway.ie.
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1 year, 3 months
Medium | Female
I was rescued from a hoarding situation, but I still need help getting use to people. I have discovered that I enjoy being petted and I love to knead on surfaces! I''m hoping to be adopted by an experienced cat owner who can show me what it''s like to be loved!


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Little Tommy Tucker
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|Anthony Walters
Little Tommy Tucker is the titular character in the Mother Goose Stories episode "Tommy Tucker".
Tommy Tucker is an orphan and street urchin, living on the streets of the big city. He sings for his supper at the request of the mayor and his new wife. The couple then asks Tommy to cut a piece of bread without using a knife. Tommy questions how one could cut without a knife, stating that it is like asking someone to marry without any wife. The two are delighted by Tommy's rhetoric and quick wit, and so amused that they not only offer him all the food he could eat, but also adopt him (and his feline friend).
Tommy grew up, following in his adopted father's footsteps, to became the mayor himself, Sir Thomas Tucker.


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
trick card games
...games. The aim is to win as many tricks as possible (as in whist or spades) or at least as many tricks as bid (bridge, euchre) or (rarely) exactly the number of tricks bid (oh hell!, ninety-nine).Point-trick games. To win the greatest value of point-scoring cards contained in tricks (skat, all fours, tarot games).Trick-avoidance games. To avoid winning penalty cards contained in tricks...


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Exciting news about Adobe Stock for team members! Based on customer demand, the company has added new features that will allow all team members to license, access and manage images from one shared Adobe Stock subscription, making the creative workflow more streamlined and efficient.
With the new 'Pooled images' feature, all logged-in team members will see how many licensed images their team has available for use. Whenever one of your team members licenses an image, the counter will be updated, so you always know how many images you have available that month.
Whether your team needs 10 images a month or 700 images a month, your team can now easily access and manage images from the shared subscription for the same cost as an individual subscription – $29.99 or $199.99 per month.
In addition, for a limited time, Adobe Stock users will be able to purchase individual images for only $4.99 (50% off). The special offer requires no additional commitment, and will run through Sunday, Sept. 20, 2015.


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Futuna chandelier. As shown, with 8 glasses. H18xØ4cm. [Futuna]
Article no.: 105060000310
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News Archive
Liberty deemed 'military friendly' by GI JobsOctober 14, 2011 | Heather Usewicz
Liberty University Online has once again been named as one of the leading military friendly schools by "GI Jobs" magazine, for the third year in a row.
The list of military friendly schools is compiled annually for the top 20 percent of colleges, universities and trades schools around the nation.
Liberty made the list of Military Friendly Schools as a result of efforts to provide quality education and generous military benefits through its online and resident academic programs.
"Liberty University has provided me with invaluable tools to succeed in academics while performing my military duties," Liberty Online graduate Caleb Nichols said.
Military students enjoy a flexible learning program with Liberty Online and receive college credit for their military training and DANTES/CLEP exams. While experiencing financial benefits such as tuition discounts, fee waivers, and free book vouchers, servicemembers also have the support of military and veteran benefit specialists through Liberty Online's dedicated Military Affairs Office, who can help students navigate through the benefit process.
Liberty is also an active member of the Servicemembers Opportunity Colleges consortium, and partners with Air University - Associate to Baccalaureate Cooperative (AU-ABC) Program, Navy College Program Distance Learning Program (NCPDLP), College of the American Soldier, GoArmyEd, and the Dept. of Veterans Affairs Yellow Ribbon Program.
- December (1)
November (5)
- Fallen service member in Syria was spouse of LU nursing student
- Liberty featured as top university on Instagram
- Football game pays tribute to nation's heroes, concludes Military Emphasis Week
- Longtime LU board member Dr. Jerry Thorpe shares wisdom for decision-making
- Liberty dedicates newly donated painting collection
- October (3)
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Hotdog! A four player board! Taught by my grandmother as a boy, I still love to play cribbage with family and teach friends what I know. I always wondered what a four-player game would be like (without needing pen or paper). Now the opportunity is here! Great, yet inexpensive buy.
Good but could be better... Love the 4 tracks. Zoom is helpful. Needs a "you're a winner!" confirmation. Also has a strange floating circle with three dots that can be moved around but otherwise doesn't seem to do anything. Fix those and it's five stars. Galaxy S6.
Galaxy Tab 2 10.1 This is perfect for parties, however it would be really nice if when the winner get the last peg the game makes a nice sound or something like fireworks to show the winner. Could this be implemented in an update?
Just what I was looking for. I could not find my cribbage board at a party. Some suggested the app store. A minute later we were in the game. No problems figuring out how to use the app even though we were drunk.
Just what I needed. Wants to teach my son how to play and couldn't find our board. Thus is perfect.
Not good. When my phone screen goes to sleep while playing, returning to the game often results in frozen buttons or incorrect scoring values. This app is not worth $0.99.
What's New
Pinch to Zoom in/out
Double Tap to Zoom in/out
Slide to Pan when Zoomed In
The most popular cribbage app available; all of the options, none of the fluff!


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#IWentTheDistance @SteveByrnes12
Prayers are with @SteveByrnes12 and his family. foxsports.com/nascar/story/s… #NASCAR
For every tweet, & retweet, using #IDriveFor in October, @chevrolet will contribute $5 to the @AmericanCancer Society. #BreastCancer #BCA
@P_Goodwrench_SP @davidsonday Yes, it is. One of two of my daughters.
I am honored & blessed to have known @SteveByrnes12. He was a great man & will be missed & will always be remembered. bit.ly/1Db65JJ
PR Update: Yeah!!! P3. Great night in TX!! #MakingCancerHistory


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Spanish translation of opposite number
Word Frequency
opposite number
homólogo (homóloga) m f
Example Sentences Including 'opposite number'
The torpedo struck opposite number three hold -- and there were over 200 men confined in that one narrow space.The Lonely Sea
To be fair to the Colonel, he'd been sent a very impressive dossier on Zlotin by his opposite number in spetznaz.Code Breaker
The police will be there by now, but once Major Inacio has contacted his opposite number in the CID, they will be called off.Code Breaker
Trends of 'opposite number'
View usage over:
Translation of opposite number from the Collins English to Spanish Dictionary
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Nearby words of 'opposite number'
- opposed
- opposing
- opposite
- opposite number
- opposition
- oppositionist
- oppress


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Product Description
- Home /
- Oakley 2014 RPM Edge Sunglasses Chocolate Sin / VR28 Black Iridium - Womens
Details: Oakley 2014 RPM Edge Sunglasses Chocolate Sin / VR28 Black Iridium - Womens
With the sleek efficiency of Oakley RPM, the wind is always at your back. This semi-rimless sport performance frame comes with a choice of lens shapes (Squared or Edge) to best fit and flatter you. The thin, minimal frame has a smooth, contoured shape that's as agile as you are.
For women who need 100% performance and 100% style, Oakley RPM delivers. The semi-rimless construction with thin double-bridge design gives you unobstructed vision both straight on and in peripheral view. And the lightweight O-Matter® sport frame will not slow you down or feel uncomfortable—ever.
- Durability and all-day comfort of lightweight, stress-resistant O Matter® frame material
- Optimized peripheral vision and side protection of 8.75 base lens curvature
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- Metal icon accents
- No-slip-grip, Unobtainium® earsocks and nosepads ensure a snug, secure fit
- Optical precision and performance that meets all ANSI Z87.1 standards
- Impact resistance that meets all ANSI Z87.1 standards for high-mass and high-velocity impact
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Text: AP In Pic: 4. This handout image released by the Ferrari press office on February 1, 2013 in Italy shows the new Ferrari Formula One F138, unveiled the same day. Ferrari has unveiled the car that it hopes will end a run of four years without a Formula One title. The car's name _ F138 _ is a combination of the year and a tribute to the V8 engines which will be used for the last time this season, bringing an end to an eight-year run.
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VP, Finance - FP&A and IR (Santa Monica, CA)
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Cornerstone OnDemand (CSOD) is at a critically important juncture in the company's lifecycle. CSOD is the world's largest and most successful stand-alone unified Talent Management company and one of the world's largest SaaS companies. After 22 quarters as a public entity, delivering stellar results as a high growth SaaS company, CSOD has gone from a startup to a publicly traded company valued at approximately $2.4B. The company is entering a phase of achieving scale and global expansion through continued relentless execution. On a go-forward basis, CSOD will deliver shareholder value via profitability as well as sustainable strong growth. These key ingredients to the company's continued success help to shape the requirements for the VP, Finance.
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Hullo Marta Im trying Sunday Riley and it seems to work for me.Yes the moisturiser,seems quite happy on my face and it has softened a few of those un attractive chin lines to my amazements. Also I have used it with darphins arovita C vit c oils which also improved texture and softness a lot .They eye cream of SR has settled quite a few eye lines which are much softer and not so obvious to see lines . So I cannot complain Oddly enough on my skin Darphins and Sunday Riley seems to be compatible to my skin . One thing i have noticed on mid 50's skin and especially in winter .If its late- ish afternoon I often add more face cream to my skin which helps . I also noticed with SR a huge improvement on my neck Maybe this is simply my skin likes what its given .Best regards and keep TIA going as its a fabulous page Primrose Krasicki v Siecin ,Melbourne Australia
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United States District Court, D. Columbia.
May 23, 2014
FRANK B. LOMBARD, Petitioner,v.UNITED STATES OF AMERICA, Respondent
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[Copyrighted Material Omitted]
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For Frank M. Lombard, Defendant: Anitha W. Johnson, LEAD ATTORNEY, ODELUGO & JOHNSON, LLC, Lanham, MD; Chris Peter Kokkinakos, PRO HAC VICE, Southfield, MI.
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Gladys Kessler, United States District Judge.
Petitioner Frank Lombard (" Lombard" or Petitioner) has filed a Motion to Vacate his criminal sentence pursuant to 28 U.S.C. § 2255 [Dkt. No. 34]. Lombard argues that his sentence of 327 months imprisonment for sexual exploitation of a minor should be vacated because his attorney rendered ineffective assistance during plea negotiations with the Government, at sentencing, and on direct appeal. Upon consideration of the Motion, Opposition [Dkt. No. 48], Reply [Dkt. No. 51], Petitioner's Response to the Court's April 25, 2014 Order [Dkt. No. 54], the Government's Response to the Court's Order [Dkt. No. 55], and the entire record herein, and for the reasons set forth below, Petitioner's Motion shall be denied.
I. Background
A. The Offense and Plea Agreement
On December 17, 2009, Lombard pleaded guilty to one count of sexual exploitation of a child in violation of 18 U.S.C. § 2251(a). See Plea Agreement [Dkt. No. 16]. The Statement of the Offense, which Lombard signed and agreed " fairly and accurately describe[d] [his] actions," stated that he sexually molested his five-year old adopted son on several occasions over a period of two years. Statement of the Offense ¶ ¶ 5, 8 [Dkt. No. 17]; see also Plea Agreement ¶ 5. It further stated that he broadcast webcam videos of these activities to other pedophiles in Internet chat rooms using the moniker " perv dad for fun" and, on at least one occasion, invited other Internet pedophiles to come to his home to molest his son as well. Statement of the Offense ¶ ¶ 6, 8. It also indicated that Lombard told the undercover officer investigating the offense that " the abuse of the child was easier when the child was too young to talk or know what was happening," and that, as the child grew older, he " had drugged the child with Benadryl during the molestation" to make it easier. Id. I 4.
In exchange for Lombard's admission of guilt, the Government promised that, at Lombard's sentencing, it would advocate for a sentence in the " low end" of the Sentencing Guidelines range, which the parties agreed was 262-327 months. However, the Plea Agreement expressly stated that the Government's sentencing position would not be binding on the Court. Plea Agreement at 4. The Agreement emphasized that Lombard's sentence would be " determined solely by the Court," and that " [t]he Government cannot, and does not,
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make any promise or representation as to what sentence [Lombard] will receive." Id. In signing the Agreement, Lombard represented that he had read the Agreement in its entirety, agreed that the facts set forth in it were accurate, discussed it with his attorney, fully understood it, was satisfied with the legal services provided by his attorney, and was acting voluntarily and of his own free will. Id. at 8.
B. Sentencing Submissions
In advance of Lombard's sentencing, both parties submitted sentencing memoranda and the Probation Office prepared a Presentence Investigation Report (" PSR" ), which included a detailed account of Lombard's criminal conduct and his personal and familial circumstances, education, professional background, and mental health history. See generally PSR ¶ ¶ 1-58.
The PSR stated that Lombard was a licensed clinical psychologist with a bachelor's degree in psychology and a Master of Social Work, and that, at the time of his arrest, he worked as an Associate Director for the Center for Health Policy at Duke University; that he was in a long-term relationship with a committed partner who was unaware of his criminal activities; and that he had two adopted sons, ages five and thirteen (the younger of which was the victim of Lombard's offense). PSR ¶ ¶ 45, 54-58. The PSR further indicated that Lombard reported having had loving parents and " a good childhood in which all of his material/emotional needs were met." PSR 1 42. However, he told the probation officer that, during his adolescence, he was sexually molested by a teacher on one occasion and raped by two older men on another occasion, neither of which he ever reported to his parents or law enforcement. PSR ¶ ¶ 43-44.
The Government filed a Sentencing Memorandum acknowledging that Lombard had taken responsibility for his criminal conduct and that it had agreed to cap its sentencing allocution to the " low end" of the Sentencing Guidelines range. See Gov't's Sent. Mem. ¶ ¶ 1, 16 [Dkt. No. 27]. The Government later submitted a Supplemental Sentencing Memorandum for a Downward Departure under Section 5K1.1 of the Sentencing Guidelines based on Lombard's assistance to law enforcement authorities. Nevertheless, the Government emphasized its view that Lombard had " betrayed the trust of his adopted child in the most deplorable way imaginable" and " [n]othing in [his] background justifies the indignity to which he subjected his child." Id. at 9.
Lombard filed a Sentencing Memorandum asking the Court to impose the statutory minimum sentence of 180 months in light of his acceptance of responsibility, cooperation with authorities, lack of any prior criminal record, and the fact that he himself had been a victim of child sexual abuse. See Def.'s Request for Imposition of a Sentence Outside of the Sentencing Guideline Range at 1 [Dkt. No. 23]. Lombard also submitted letters from both of his parents.
C. The Sentencing Hearing
Lombard's sentencing hearing took place on March 29, 2010. At the outset, the Court stated that it had read and closely considered all of the materials submitted by the parties and the probation office. Transcript of Sentencing Hearing (" Tr." ) 4. Counsel for the Government then summarized the evidence of the offense, which included the reports of an undercover officer and a confidential source, Internet chat session logs, archived computer images, and the Petitioner's own admissions. Tr. 7-9.
In response to questioning from the Court, counsel for the Government confirmed
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that Lombard's activities formed a " pattern of conduct" that had persisted for well over a year. Tr. 12. He also explained that the harm to Lombard's adopted son was especially pernicious and long-lasting because " once someone has distributed a child['s] pornographic picture or video over the internet, there is no getting it back. . . . [I]mages can simply be traded, and traded, and traded . . . . It is just out on the Internet, and tradable, distributable, and viewable to whoever comes across it." Tr. 10.
Lombard's attorney, Christopher Shella, argued that Lombard should receive a lenient sentence because he " took responsibility for this case from day one when he was first arrested" and " immediately spoke to the investigators, gave them information[] [and] was willing to do what was required, what was right in this case." Tr. 15-16. Sheila emphasized that Lombard was still available to render such assistance to law enforcement. Tr. 16. He also pointed out that Lombard had been sexually abused himself and recently had been diagnosed with bipolar disorder. Tr. 18. Sheila further stated that he firmly believed Lombard had come into a " self-realization" of his wrongdoing and had accepted responsibility for it. Tr. 17-18.
Lombard addressed the Court, acknowledging that his actions were " reprehensible," and that he had hurt his " kids," parents, siblings, neighbors, church, co-workers, and " really everyone that I have ever cared about." Tr. 19-20. Lombard indicated that he was in psychiatric treatment, which had helped him see that, although he could not undo his conduct, he could " try to make sure that I never do it again," and he promised that, " if I get out of prison I won't ever hurt anyone again." Tr. 21.
The Court then made its findings. It agreed with the parties that the recommended range of prison terms under the Sentencing Guidelines was 262 to 327 months and the mandatory minimum sentence was fifteen years. Tr. 21. Turning to the factors outlined in 18 U.S.C. § 3553(a), it remarked that there was no " need to go through in the record right now all of the sordid details of this offense" because Lombard had agreed with the facts contained in the Plea Agreement, all of which were " very explicit and very specific" and there was " no reason not to accept all of those facts as true." Tr. 22.
The Court stressed that it was not dealing with " one incident or two incidents," but rather with carefully planned conduct spanning a period of more than a year, which it could not attribute to Lombard's " recent diagnosis of bipolar disorder." [1] Tr. 27. The Court also explained that it found Lombard's extensive training in psychology and social work to be significant, because " Lombard doesn't have the excuse that he didn't realize what was happening. He . . . had to have known that what he was doing was sick, that it would horribly impact the little boy[.]" Tr. 25.
The Court observed that Lombard had a duty " to love and protect" his son, which was violated in the most " depraved and perverted" way when he sexually abused the child, filmed the abuse with knowledge that the " images are going to be out on the Internet forever," and solicited others to molest his son as well. Tr. 25. The Court reflected that this conduct must have gravely impacted, not only the younger son, but also Lombard's older son and parents. Tr. 24, 27.
The Court considered the requirement, under 18 U.S.C. § 3553(a), that its sentence
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both adequately protect the public and also serve the goals of specific and general deterrence, and it concluded that it could " not in good conscience" sentence Lombard at the bottom or middle of the Guidelines range. Tr. 29. It stated that, " after many, many years on the bench, this is one of the worst offenses I have ever seen," Tr. 25, and explained that the 20-year sentence requested by the Government would result in Lombard being released " somewhere between the age of 57 or 58 . . . maybe even younger," at a time when there was " [n]o question in my mind that he would still be a great danger to the public." Tr. 27-28. Based on these considerations, the Court denied the Government's Motion for a downward departure and imposed the maximum Guidelines sentence of 327 months. Tr. 29.
D. Post-Conviction Proceedings
On April 8, 2010, Lombard appealed his sentence, arguing that the Court failed to explain its rationale for denying the Government's motion for a downward departure under Section 5K1.1 of the Sentencing Guidelines and did not appropriately consider mitigating factors under 18 U.S.C. § 3553(a). On May 24, 2011, the Court of Appeals rejected these arguments and affirmed. United States v. Lombard, 424 F.App'x 5, 6-7 (D.C. Cir. 2011). On October 31, 2011, the United States Supreme Court denied certiorari. Lombard v. United States, 132 S.Ct. 534, 181 L.Ed.2d 352 (2011).
On October 19, 2012, Lombard filed this Motion to Vacate pursuant to 28 U.S.C. § 2255, contending that Shella provided ineffective legal assistance during plea negotiations, at sentencing, and on direct appeal [Dkt. No. 34]. On March 11, 2013, the Government filed its Opposition [Dkt. No. 48]. On April 16, 2013, Lombard filed his Reply [Dkt. No. 51].[2] On April 24, 2014, the Court held a status conference and directed the parties to submit additional written statements describing the arguments or evidence they wished to present at a hearing on Petitioner's Motion, if any. On May 14, 2014, Petitioner submitted his Response (" Pet'r's 5/14 Resp." ) [Dkt. No. 54]. On May 21, 2014, the Government submitted its Response (" Gov't's 5/21 Resp." ) [Dkt. No. 55].
A. Standard Under 28 U.S.C. § 2255
A prisoner in custody under sentence of a federal court may move the sentencing court to vacate, set aside, or correct its sentence if the prisoner believes that " the sentence was imposed in violation of the Constitution or laws of the United States, . . . or is otherwise subject to collateral attack." 28 U.S.C. § 2255(a). The petitioner bears the burden of proving his entitlement to relief by a preponderance of the evidence. United States v. Simpson, 475 F.2d 934, 935, 154 U.S. App.D.C. 350 (D.C. Cir. 1973).
Section 2255 requires a district judge to hold a hearing on the petition unless " the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255. In interpreting this requirement, our Court of Appeals has held that:
the judge's recollection of the events at issue may enable [her] summarily to dismiss a § 2255 motion; indeed, [her] ability to do so is one of the advantages of § 2255 relative to habeas corpus for state prisoners. Only where the § 2255 motion raises " detailed and specific" factual allegations whose resolution
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requires information outside of the record or the judge's " personal knowledge or recollection" must a hearing be held. Even if the files and records of the case do not clearly rebut the allegations of the prisoner, no hearing is required where his claims are " vague, conclusory, or palpably incredible."
United States v. Pollard, 959 F.2d 1011, 1030-31, 295 U.S. App.D.C. 7 (D.C. Cir. 1992) (citations omitted).
B. Ineffective Assistance of Counsel Standard
Under the Sixth Amendment of the Constitution, an accused has the right to " reasonably effective assistance" of counsel. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). This guarantee applies at all critical stages of a criminal proceeding, including sentencing and on direct appeal. See, e.g., Lafler v. Cooper, 132 S.Ct. 1376, 1385-86, 182 L.Ed.2d 398 (2012) (citations omitted).
To obtain relief, a prisoner must satisfy a two-part test. First, he or she must show that counsel's performance was objectively deficient. The Supreme Court has not articulated specific guidelines for appropriate attorney conduct and instead has emphasized that " [t]he proper measure of attorney performance remains simply reasonableness under prevailing professional norms." Strickland, 466 U.S. at 688. " Judicial scrutiny of counsel's performance must be highly deferential, and a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Knowles v. Mirzayance, 556 U.S. 111, 124, 129 S.Ct. 1411, 173 L.Ed.2d 251 (2009) (citations and punctuation omitted).
Second, the petitioner must show that the " deficient performance prejudiced the defense." Strickland, 466 U.S. at 687-88. " Prejudice means a " reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." United States v. Poynter, 509 F.App'x 2, 3 (D.C. Cir. 2013) (citing Strickland, 466 U.S. at 694). " A reasonable probability is a probability sufficient to undermine confidence in the outcome."
Knowles, 556 U.S. at 127.
" Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." Strickland, 466 U.S. at 700.
A. Ineffective Assistance During the Plea Process
Petitioner claims that his attorney, Christopher Shella, was ineffective during the plea process because he " failed to timely investigate and negotiate . . . a favorable plea agreement." Mot. at 5. In particular, Lombard complains that the Plea Agreement was entered pursuant to Fed. R. Crim. P. 11(c)(1)(B), which meant that it was not binding on the Court, rather than pursuant to Rule 11(c)(1)(C), " which would have bound both the government and the court to the sentence contemplated" in the Plea Agreement. Id. at Statement of Claim ¶ 35.[3]
1. Lombard Has Not Identified Any Deficiencies in Shella's Performance During the Plea Process
It is well-established that the Sixth Amendment's guarantee of effective
Page 22
counsel is applicable to representation during the plea process. For example, the Supreme Court has recently held that a defense attorney's failure to advise a defendant of a plea offer extended by the Government may constitute deficient performance under Strickland. Missouri v. Frye, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012). The Supreme Court has likewise held that errors of law that lead defense counsel to give improvident advice about whether a defendant should accept or reject a plea offer may render such assistance ineffective. See Lafler, 132 S.Ct. at 1376; Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); United States v. Rashad, 331 F.3d 908, 909, 356 U.S. App.D.C. 323 (D.C. Cir. 2003). To prevail on this claim, however, Lombard must demonstrate that Shella's performance during the plea process fell below an objective standard of reasonableness. Further, the Supreme Court has recognized, in the context of plea negotiations in particular, that negotiation is an " art" with myriad " alternative courses and tactics," Frye, 132 S.Ct. at 1408, and that the Sixth Amendment does not require counsel to pursue " every available nonfrivolous" path in such negotiations.
Knowles, 556 U.S. at 127.
Lombard does not offer any specific reason why it was professionally unreasonable for Shella to advise him to enter a non-binding plea agreement. He does not suggest, as in Frye, that the Government ever extended him a binding plea offer that Shella failed to communicate to him. Frye, 132 S.Ct. at 1408; see also Lafler, 132 S.Ct. at 1387 (" If no plea offer is made, . . . the issue raised here simply does not arise." ). Nor does he point to any legal errors by Shella during the plea process that affected his decision to accept a non-binding plea, as in Lafler.[4] See Lafler, 132 S.Ct. at 1383. Instead, he merely takes issue with the fact that the final plea agreement was non-binding, which ultimately operated to his detriment when the Court sentenced him to a higher sentence than the one contemplated by the Plea Agreement, although within the Guidelines.
Moreover, nonbinding pleas are specifically authorized under the Federal Rules of Criminal Procedure. The ABA Standards for Criminal Justice, which the Supreme Court has recognized state the prevailing norms of criminal defense practice, Padilla v. Kentucky, 559 U.S. 356, 366-67, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), indicate that nonbinding pleas are commonly used in the plea bargaining process. See ABA Standard 14-3.1(c)(i) (in exchange for guilty plea, prosecuting attorney may agree " to make or not to oppose favorable recommendations or to remain silent as to the sentence which should be imposed if the defendant enters a plea of guilty" ). Thus, there is nothing inherently unreasonable about Shella's advice that Lombard enter a non-binding plea agreement.
Nor was a non-binding plea agreement objectively unreasonable simply because the Court ultimately rejected the parties' proposed sentence. An attorney's effectiveness does not turn on the final outcome of the proceeding but on whether counsel exercised " reasonable professional judgment" based on " prevailing professional norms" and " counsel's perspective at the time." Rompilla v. Beard, 545 U.S. 374, 380-81, 125 S.Ct. 2456, 162 L.Ed.2d 360 (2005) (citations omitted) (emphasis
Page 23
added). Lombard has not pointed to any circumstances that would have rendered a non-binding plea agreement for the mandatory minimum sentence unreasonable at the time it was entered.
Because nonbinding pleas are not inherently unreasonable and Lombard has not explained how or why Shella's advice to enter a nonbinding plea was objectively unreasonable at the time, his claim fails the first prong of Strickland.
2. Lombard Has Not Shown Prejudice
Even if Petitioner could show a specific, objective deficiency of his trial counsel during the plea process, he has not shown any prejudice resulting from that deficiency. To do so, he must demonstrate a reasonable probability that both the Government and the Court would have agreed to a binding plea deal on terms he would have accepted more readily than the agreement he did accept. See Frye, 132 S.Ct. at 1410 (noting that the prejudice inquiry turns on " whether [the petitioner] would have accepted the offer to plead pursuant to the [different] terms" and whether the court and prosecutor would also have agreed to the deal); see also United States v. Williams, No. 88-410-CR (SSH), 1999 WL 1212883, at *5 (D.D.C. Oct. 25, 1999) (" [E]ven assuming that the government would have consented to a conditional plea, it in all likelihood would have modified the terms of its original plea offer to reflect the concession made to defendant, most likely in a way that would have increased defendant's sentence exposure." ) (citations omitted).
There is no indication, and Lombard does not allege, that the Government was willing to entertain a binding plea agreement, much less on terms Lombard would have accepted more readily than the agreement he did accept. Thus, Lombard cannot establish prejudice. See United States v. Medina-Montes, 359 F.App'x 943, 944 (10th Cir. 2010) (" [Petitioner] baldly asserts that his trial counsel should have negotiated a conditional guilty plea . . . . There is absolutely nothing in the record to indicate the prosecution was remotely willing to enter into such an arrangement." );
Williams, 1999 WL 1212883, at *5 (" [B]ecause [defense counsel] was essentially powerless to effectuate a conditional plea, his alleged neglect to either advise defendant of the possibility of such a plea and or negotiate one on his behalf would not qualify as deficient performance[.]" ); Ramos v. United States, No. 01 Cr. 10369 (PBS), 2012 WL 1109081, at *5 (D. Mass. Mar. 30, 2012) (" [Petitioner] asserts that counsel should have negotiated away [an] enhancement, but it takes two to tango. [Petitioner] does not explain why the government would have been a willing dance partner." ).
In addition, Rule 11(c)(3) grants the trial court the discretion to reject a binding plea. Given the Court's unwillingness to adopt a low or mid-range sentence at sentencing, it is not reasonably probable the Court would have endorsed the same outcome simply because it was presented by means of a binding plea agreement. This is another reason Lombard cannot show prejudice.
In sum, Lombard's claim of ineffectiveness during the plea process lacks merit both because Lombard has not identified anything objectively deficient about Shella's performance, and because any contention that the Government would have offered a binding plea on terms he and the Court would have accepted is entirely speculative.
B. Ineffective Assistance at Sentencing
Lombard also asserts that Shella was ineffective at sentencing for failing to
Page 24
obtain a professional psychosexual evaluation, which he contends " would have demonstrated that prison treatment programs for sex offenders are effective and that Mr. Lombard would not be a danger to the community upon release from prison after 20 years minus good time." Mot. at Statement of Claim ¶ 30.
It is unnecessary to decide whether Shella's failure to obtain a psychosexual evaluation was objectively reasonable because Lombard cannot establish prejudice. He has now retained Frank W. Isele, Ph.D., a clinical psychologist, for purposes of this Motion, to perform a psychosexual evaluation, and Dr. Isele's Report does little to alleviate the Court's expressed concerns regarding Lombard's likelihood of reoffending. See generally Pet. Ex. F (" Report" ).
First, Dr. Isele suggests that, even with treatment, more than ten percent of sexual offenders reoffend. Id. at 16 (citing Losel & Schmucker, 2005; Barbaree and Marshall, 1988). Considering the nature of Lombard's offense, a greater than one in ten chance that Lombard will reoffend is significant and poses a material risk to the public. Id.
Second, Dr. Isele's assessment was that Lombard himself presented a 9.0-15.7% risk of reoffending over a ten year period, a risk that appears to increase with the passage of time. See Report at 15. Dr. Isele also cautioned that Lombard's " child molestation score is in the 95th percentile suggesting that he is a pedophile, that his problem is severe and that he needs sexual treatment as well as supervision. . . . These results are not due to chance and should not be ignored." Report at 10 (emphasis added). These comments hardly reassure the Court that the risk is minimal.
Third, the Court made clear at sentencing that it did not consider Lombard to be a " typical" pedophile because even with his prior extensive psychosocial training, he failed to recognize the wrongfulness of his conduct and to seek treatment. Tr. 25-26. Dr. Isele's Report does not account for this important circumstance at all. See United States v. Miller, 601 F.3d 734, 739 (7th Cir. 2010) (observing that a court's sentence should be " sufficiently particularized to the individual circumstances of the case rather than factors common to offenders with like crimes" ).[5]
Finally, the Court's assessment of Lombard's future dangerousness was only one of several considerations underlying its sentencing determination. The Court was equally focused on the gravity and continuing nature of Lombard's offense and the resulting damage to his children, partner, and parents.
Because Dr. Isele's Report does little, if anything, to address the many concerns and considerations that led the Court to impose a maximum sentence, Shella's failure to obtain a psychosexual evaluation would not likely have produced a different outcome at sentencing, and thus, no Strickland prejudice resulted from that failure.
C. Ineffective Assistance on Direct Appeal
Finally, Lombard claims that Shella was ineffective on direct appeal because he did
Page 25
not challenge the following statements, which the Court made at sentencing:
From all that I have read, none of the[] treatment programs [for sex offenders] work. We would like to think they do, but they don't. There is no scientific evidence showing that these treatment programs work, and that when people are released back into the community, as they must be, that children are safe from them. So therefore deterrence - general deterrence and specific deterrence - must be served by my sentence here, and the public must be protected from any contact whatsoever between Mr. Lombard and children.
Tr. 27-28.
Lombard contends that the Court's reference to recidivism rates and the inefficacy of treatment was improper because there was no evidence to that effect in the record. Lombard further claims that the Court's reliance on facts not in evidence supplied a stronger basis to challenge his sentence than the arguments Shella actually presented on appeal.
A claim of ineffectiveness on appeal is also governed by Strickland's two-part test. Deficient performance in this context means " that counsel unreasonably failed to discover nonfrivolous issues" to present on appeal. Smith v. Robbins, 528 U.S. 259, 285, 120 S.Ct. 746, 145 L.Ed.2d 756 (2000) (citation omitted). However, counsel " is not required to raise every non-frivolous issue on appeal." Martin v. Evans, 384 F.3d 848, 851-52 (7th Cir. 2004). An attorney's performance is objectively inadequate only if " he or she fails to argue an issue that is both obvious and clearly stronger than the issues raised." Id. (citations omitted). Prejudice is shown where there is a reasonable probability that but for counsel's omission, the petitioner " would have prevailed on his appeal."
Smith, 528 U.S. at 285-96.
The Court need not decide whether Shella was ineffective in failing to argue that the Court's brief statements regarding recidivism rates and treatment of sex offenders were not supported by any specific evidence in the record because it concludes that, in any event, Petitioner cannot show prejudice.
As discussed, to establish prejudice, Lombard must show a reasonable probability that, had Shella challenged the Court's statements about the efficacy of treatment programs on appeal, " the result of the appeal would have been different." United States v. Cook, 22 F.App'x 3 (D.C. Cir. 2001) (emphasis added) (citation omitted). Central to this determination is the standard of review that would have applied on appeal. Where a defendant raises an argument on appeal that was not raised before the district court, as was the case here, the Court of Appeals reviews the district court proceedings for " plain error." See United States v. Terrell, 696 F.3d 1257, 1260, 402 U.S. App.D.C. 490 (D.C. Cir. 2012). Error is " plain" if, at the time it was made, a " clear precedent in the Supreme Court or this circuit established its erroneous character." Id. (citation omitted).
It is well-established that a " district court is due substantial deference in its fact-based sentencing determinations" and is given a " wide latitude to decide what type of proof is, or is not, sufficiently trustworthy to enter into the sentencing calculus." United States v. Cunningham,
201 F.3d 20, 26 (1st Cir. 2000) (citations omitted). Further, a " court may
consider relevant information without regard to its admissibility under the
rules of evidence applicable at trial, provided that the information has
sufficient indicia of reliability to support its probable accuracy."
Page 26
United States v. Pletnyov, 525 F.App'x 1, 2 (D.C. Cir. 2013) (citing U.S.S.G. § 6A1.3).
Against this backdrop, Petitioner has not cited any " clear precedent" in the Supreme Court or this Circuit holding that a district court may not rely, in fashioning a within-Guidelines sentence, on its general awareness regarding recidivism rates and the usefulness of treatment programs in protecting the public from future offenses.
Nor has Petitioner presented any information whatsoever suggesting that the Court's concerns regarding recidivism were erroneous, inaccurate, or unreliable. To the contrary, the Court's concerns are supported by substantial authority.
See, e.g., Smith v. Doe, 538 U.S. 84, 103, 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003) (" The risk of recidivism posed by sex offenders is frightening and high." ) (citations omitted); McKune v. Lile, 536 U.S. 24, 33, 122 S.Ct. 2017, 153 L.Ed.2d 47 (2002) (noting that " [w]hen convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault" ); United States v. Irey, 612 F.3d 1160, 1214 (11th Cir. 2010) (" [T]he threat of recidivism by a pedophile who has sexually abused a child is appalling." ) (citation and quotation marks omitted); United States v. Allison, 447 F.3d 402, 405-06 (5th Cir.2006) (" Congress explicitly recognized the high rate of recidivism in convicted sex offenders, especially child sex offenders." ). Consequently, Petitioner has failed to show that the Court's consideration of recidivism and treatment constituted " plain error."
Moreover, a finding of plain error does not itself warrant reversal on appeal. The Court of Appeals will grant relief only if the error affected the defendant's " substantial rights."
Terrell, 696 F.3d at 1263 (citations omitted).[6] An error affects a defendant's substantial rights if there is a " reasonable likelihood" that it affected the final outcome of the case. Id.
The Court's concerns regarding recidivism rates were not only supported by substantial authority, they also were only one of many considerations undergirding the Court's sentence. Lombard's sentence was grounded primarily on a variety of case-specific findings that were completely independent from any considerations of sex offenders in general. These included: (1) the nature of Lombard's offense, which the Court found to be " one of the worst offenses" it had ever seen after " many, many years on the bench" ; (2) the fact that Lombard's conduct was highly organized and deliberate, occurred in spite of his extensive psychological and psychosocial training, and had been ongoing for well over a year; and (3) the prospect of long-lasting harm to Lombard's adopted child, as well as the rest of his family. In other words, notwithstanding the Court's brief consideration of the general efficacy of treatment for sex offenders, Petitioner's sentence was overwhelmingly based on case-specific considerations with substantial support in the record.
In other words, any error would not have affected Petitioner's substantial rights because the Court's concerns were firmly grounded in legal authority readily
Page 27
accessible to Petitioner and were only a small part of a comprehensive set of case-specific considerations supporting Petitioner's sentence.
For the foregoing reasons, the Court concludes that Petitioner has not demonstrated prejudice as to his claim for ineffectiveness of appellate counsel and, therefore, cannot prevail on that claim.[7]
D. Lombard's Request for an Evidentiary Hearing Is Denied
As discussed, a hearing is not required under § 2255 where the " files and the records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255(b). As our Court of Appeals has explained, a hearing is required " [o]nly where the § 2255 motion raises 'detailed and specific' factual allegations whose resolution requires information outside of the record or the judge's 'personal knowledge or recollection[.]'"
Pollard, 959 F.2d at 1031 (citations omitted).
The Court concludes that no evidentiary hearing is required. As discussed above, Lombard's ineffectiveness claim regarding plea negotiations can be resolved without an evidentiary hearing because he fails to identify any specific way in which Shella's performance was objectively deficient or prejudicial. Similarly, his ineffectiveness claim based on Shella's failure to obtain a psychosexual evaluation and his appellate ineffectiveness claim can both be disposed of without an evidentiary hearing due to his inability to show prejudice.[8]
See Burroughs, 613 F.3d at 239 ( without " any substantial issue that requires a determination of facts" no evidentiary hearing is required to deny claim under § 2255). Consequently, Petitioner's request for an evidentiary hearing shall be denied.[9]
IV. Conclusion
For the foregoing reasons, Petitioner's Motion to Vacate is denied. An Order shall accompany this Memorandum Opinion.
Petitioner Frank Lombard has filed a Motion to Vacate his criminal sentence pursuant to 28 U.S.C. § 2255 [Dkt. No. 34]. Upon consideration of the Motion, Opposition [Dkt. No. 48], Reply [Dkt. No. 51], Petitioner's Response to the Court's April 25, 2014 Order [Dkt. No. 54], the Government's Response to the Court's Order [Dkt. No. 55], and the entire record herein, and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby
ORDERED, that Petitioner's Motion is denied.
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According to most women, affection is their #1 need. Affection has nothing to do with sex and is more that just holding hands at the mall.
Affection actually comes in many different forms. The key is finding the one your wife likes best. Here are a few different ways a man can show affection…
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- Physical touch. For some men non-sexual touching is an oxymoron, meaning that those two words don't go together. But what wives often needs sometimes is their hand held, their hair stroked or their shoulders rubbed with the understanding that it is not to be a precursor to sex. Sex and affection are two totally different things.
What I've found interesting is that even though Lea likes all five of these forms of affection, she likes some better than others. I try hard to do all five things, but I've learned that she LOVES it when for no reason at all I surprise her with a little gift that simply says, "I love you." I'd bet that if you're a woman you feel the same way. All are essential, but you may like one better than the others.
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- Men, how are you doing at covering these 5 things? And do you know which of these your wife likes?


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