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March 9, 1976
UNITED STATES of America
Vincent Anthony MAGDA, Defendant
ROBERT L. CARTER, District Judge.
On the afternoon of September 5, 1975, New York City Patrolman Saverio Alesi arrested the defendant, Vincent Anthony Magda, for possession of a marijuana cigarette. At the time of his arrest Magda also had on his person an unloaded 9mm. Browning automatic revolver and a "demand note," the text of which is set out in the margin.
Handwriting analysis of the note linked Magda to the robbery of the United Mutual Savings Bank, 20 Union Square, New York City, for which he was indicted on September 25, 1975 (75 Cr. 942),
and apparently pointed to his involvement in bank robberies in Chicago, Washington, Miami and New Orleans. Subsequently, additional evidence was uncovered by the Federal Bureau of Investigation that might provide additional links to defendant's involvement in the New York bank robbery.
Defendant moves to suppress the demand note, statements made by him after his arrest, and any other fruits of the search in which the note was found. If evidence of the crime was improperly obtained, it cannot be used against the defendant at trial. Weeks v. United States, 232 U.S. 383, 393, 34 S. Ct. 341, 344, 58 L. Ed. 652, 655 (1914). The government concedes that before the demand note was found, Magda had not been suspected of committing any of the crimes with which he is now charged and that if the search was unlawful, all the evidence against Magda is tainted and cannot be used against the defendant. This seems to be true of the evidence in respect of the various other bank robberies as well, but obviously that is beyond the scope of my inquiry. See generally, Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963).
A hearing was held on defendant's suppression motion on November 26, 1975. Alesi and the defendant testified. On December 15, 1975, the hearing was reopened at the defendant's request. At the later hearing, the defendant's mother, Mrs. Margaret Magda, two of his sisters, Mrs. Virginia Lees and Mrs. Patricia Dunbar, testified and the police officer was recalled for additional testimony. The hearings produced sharply differing accounts of some details of the arrest. I believe Alesi's version of the events more exactly accords with what took place. However, even accepting the police officer's testimony as the basis for my determination, I am compelled to conclude that the motion to suppress must be granted.
Background Facts
On September 5, 1975, Alesi, an eleven-year veteran of the New York City Police Department, was on foot patrol on Eighth Avenue between 42nd and 45th Streets. He described the area as a "narcotics prone location." When Alesi first noticed Magda, the defendant was on the north side of 43rd Street, about fifteen to twenty feet from the northwest corner and approximately thirty to thirty-five feet away from Alesi who was standing on the southwest corner of Eighth Avenue and 43rd Street. Alesi testified that the defendant, who is white, was speaking to a "young," "male black" with whom he exchanged something. Each man gave and received something simultaneously, but Alesi could not see what changed hands. After the exchange, the black man looked up in Alesi's direction, turned around in a "rapid motion" and proceeded to walk westbound down 43rd Street away from Alesi in the direction of Ninth Avenue. Magda then turned toward Alesi, crossed 43rd Street at an angle heading down Eighth Avenue toward 42nd Street and passed the officer. As Magda walked past, Alesi tapped the defendant on the shoulder and asked him to stop. Magda turned to face Alesi and slowed his pace but continued down Eighth Avenue, walking backwards. Alesi walked with him for several steps covering perhaps ten feet before they both stopped.
Alesi asked the defendant what had transpired between him and the black man. Magda at first said nothing had happened; but when asked again, he replied, "All right. I bought a marijuana cigarette for a dollar," and produced the cigarette from his inside coat pocket. Alesi then placed the defendant under arrest and walked him back up to 43rd Street in a vain attempt to find the other man. Alesi searched the defendant, discovered the gun and the note, and took him to the police station where he was booked and locked up.
Although Alesi has been on the police force for eleven years, at the time of this incident, he had been on foot patrol in the midtown area for approximately six months. He had observed two street arrests for narcotics by other police officers on that street and he himself had previously made street arrests for narcotics, but not in that area. When asked to describe the extent of his knowledge of narcotics activities in the area, Alesi referred to maps and graphs in the muster room at the Midtown South Precinct, but expressed no additional personal experience. Alesi also explained that McCaffrey Park is a center of much of the drug traffic in the Forty-Third Street area. The park is roughly in the middle of the block between Eighth and Ninth Avenues -- 100 to 125 feet from where the exchange between the defendant and the black man took place.
When asked by the court what it was about the transaction between Magda and the black man that caused him to stop the defendant, Alesi answered: "At the location. And when the male black exchanged something and he seen me, he turned in a rapid motion and proceeded westbound . . . on 43rd Street." (Transcript at 41.) Apparently Alesi had never seen the black man or the defendant before and possessed no independent knowledge that either might be involved in drug trafficking.
The government offered Alesi's notes, written some time shortly after the arrest was made. These notes describe the incident in the same way Alesi spoke of it on the stand, although in more conclusory language: "observed one male white making buy from one male black at 43rd Street and Eighth Avenue, stopped male white, admitted he bought one marijuana cigarette for a dollar."
Proceedings in State Court
On November 14, 1975, a suppression hearing was held in Criminal Court of the City of New York before Judge Alfred H. Kleiman. The account of the arrest that Alesi gave in that hearing was substantially the same as his testimony here. The only possibly significant differences are that in state court Alesi did not mention touching Magda's arm as the defendant walked past him, and the defendant did not testify.
After oral argument and a review of two New York State cases (People v. Rosemond, 26 N.Y.2d 101, 308 N.Y.S.2d 836, 257 N.E.2d 23 (1970), and People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)), Judge Kleiman ruled from the bench that the Cantor case requires that before a patrolman can stop a person in a public place, the officer must have a reasonable suspicion not just "any suspicion, no matter what the basis of that suspicion may be" that criminal activity has happened, is happening, or is about to happen. (State Transcript at 33.) Judge Kleiman concluded that:
"To deny the motion of the Defendant in this particular case would mean the mere denomination of a particular area as a high narcotics area . . . would mean that an Officer, upon the mere exchanging of hands, can stop anyone walking down 43rd Street and Eighth Avenue. I do not believe that is sufficient articulation for the basis of the right to stop a citizen."
(State Transcript at 34.)
Judge Kleiman thereupon granted the defendant's motion to suppress.
Defendant contends that the officer acted improperly in stopping him as he walked down Eighth Avenue. Since I accept Alesi's version of the incident, specifically that after he questioned Magda the defendant voluntarily produced the marijuana cigarette, it follows that if the stop was valid, Magda was lawfully arrested after he had produced the cigarette. Possession of the cigarette is classified as a Class A Misdemeanor under New York law. Penal Law § 220.03. A police officer may arrest without warrant if he has probable cause to believe a crime has been committed. United States v. Watson, 423 U.S. 96 S. Ct. 820, 46 L. Ed. 2d 598, 44 U.S.L.W. 4112 (Jan. 26, 1976); Carroll v. United States, 267 U.S. 132, 156, 45 S. Ct. 280, 286, 69 L. Ed. 543, 552 (1925). New York specifically authorizes its law enforcement personnel to make such warrantless arrests, New York Criminal Procedure Law § 140.10, and once Alesi had placed Magda under arrest, there is no question that the officer could search the defendant's person. Chimel v. California, 395 U.S. 752, 89 S. Ct. 2034, 23 L. Ed. 2d 685 (1969).
Neither the government nor the defendant suggests, however, that Alesi's first contact with the defendant constituted an arrest necessitating probable cause justification. See Henry v. United States, 361 U.S. 98, 80 S. Ct. 168, 4 L. Ed. 2d 134 (1959).
Indeed, the spectrum of authorized police street procedures may encompass some kind of inquiry that does not even rise to the level of a stop and is therefore not a "seizure" within the protection of the Fourth Amendment. Terry v. Ohio, 392 U.S. 1, 19 n. 16, 88 S. Ct. 1868, 1878, 20 L. Ed. 2d 889, 904 (1968). But in this case it is clear that Alesi's first physical contact with Magda as the latter was walking along a public street at the very least constituted an investigatory stop. See Adams v. Williams, 407 U.S. 143, 407 U.S. 143, 92 S. Ct. 1921, 32 L. Ed. 2d 612 (1972); Terry v. Ohio, supra; Sibron v. New York, 392 U.S. 40, 88 S. Ct. 1889, 20 L. Ed. 2d 917 (1968).
"It must be recognized that whenever a police officer accosts an individual and restrains his freedom to walk away, he has 'seized' that person." Terry v. Ohio, supra, 392 U.S. at 16, 88 S. Ct. at 1877, 20 L. Ed. 2d at 903.
The government acknowledges this, but maintains that the stop was reasonable.
Since the stop was made by a municipal police officer purportedly acting under state and local authority, I am required, I believe, to measure the validity of the stop by state law bench marks.
Even though New York law governs, Judge Kleiman's holding that the evidence is inadmissible does not control decision here. The prosecuting party is the federal government, not the State of New York. The United States was not a party to the state court proceeding and cannot be bound by what was decided there.
Judge Kleiman's decision, however, was based on substantially the same facts as those presented here and is now part of the body of New York law that must be considered, but I am required to make an independent determination as to whether the stop is consistent with the requirements of New York law.
The Court of Appeals of New York has recently held:
"In New York the authority to intercept persons on the street is derived from two sources, the stop-and-frisk law (CPL 140.50) and the common-law power to inquire. Although the former is more narrowly circumscribed than the latter, because it entails a greater intrusion on the privacy of the individual, neither may be exercised in derogation of the State and Federal Constitutions.
"Before a person may be stopped in a public place a police officer must have reasonable suspicion that such person is committing, has committed, or is about to commit a crime (CPL 140.50). Reasonable suspicion is the quantum of knowledge sufficient to induce an ordinarily prudent and cautious man under the circumstances to believe criminal activity is at hand. (Compare Schwartz, Stop and Frisk: A Case Study in Judicial Control of the Police, 58 J. Crim. L. C. & P.S. 433, 445, with La Fave, 'Street Encounters' and the Constitution: Terry, Sibron, Peters, and Beyond, 67 Mich. L. Rev. 40, 70.) To justify such an intrusion, the police officer must indicate specific and articulable facts which, along with any logical deductions, reasonably prompted that intrusion. Vague or unparticularized hunches will not suffice (Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889, supra; Wong Sun v. United States, 371 U.S. 471, 479, 83 S. Ct. 407, 9 L. Ed. 2d 441). Nor will good faith on the part of the police be enough to validate an illegal interference with an individual (e.g., Terry v. Ohio, supra; Henry v. United States, 361 U.S. 98, 80 S. Ct. 168, 4 L. Ed. 2d 134, supra; Hill v. California, 401 U.S. 797, 91 S. Ct. 1106, 28 L. Ed. 2d 484; Smith v. County of Nassau, 34 N.Y.2d 18, 355 N.Y.S.2d 349, 311 N.E.2d 489)." People v. Cantor, supra, 36 N.Y.2d at 112-13, 365 N.Y.S.2d at 516, 324 N.E.2d at 877.
In People v. Cantor, supra, the Court of Appeals ruled that an observation of the defendant and a companion smoking marijuana cigarettes "from a nearby rooftop . . . through the kitchen window" (36 N.Y.2d at 109, 365 N.Y.S.2d at 513, 324 N.E.2d at 875) could not be considered sufficient objective information that would amount to the specific articulable facts needed to stop someone under Criminal Procedure Law § 140.50. Moreover, the observation could not give rise to a "founded suspicion that criminal activity is afoot" (36 N.Y.2d at 114, 365 N.Y.S.2d at 517, 324 N.E.2d at 878) to validate a detentive stop under a policeman's common law power. On the other hand, in People v. Kreichman, 37 N.Y.2d 693, 376 N.Y.S.2d 497, 339 N.E.2d 182 (1975) a policeman's observation of a person smoking a marijuana cigarette did provide reasonable cause to stop the defendant's automobile. The police car had pulled up on the passenger side of defendant's Cadillac. Both officers observed the passenger smoking what they concluded was a marijuana cigarette. Both the defendant and his passenger seemed to be looking about nervously. The Court of Appeals decided that the officers' close-up observation of the passenger would allow a reasonable belief that he held a marijuana cigarette in his hand.
The stop of Magda, however, was not based on a reasonable or founded suspicion as that term has been developed in New York's decisional law. Alesi was relatively inexperienced in the field of narcotics street transactions. His eleven years on the force had been spent first as a foot patrolman in Brooklyn for three years, followed by almost eight years as a motorcycle policeman. In his six months on patrol in midtown, Alesi had made no street arrest for narcotics in that area although he had observed two such arrests. Special expertise might have allowed the officer more reasonably to suspect criminal activity from what could have been an innocent, or, at best, ambiguous scene that he observed, see United States v. Salter, 521 F.2d 1326, 1328 (2d Cir. 1975), but there is nothing in this record to warrant holding that Alesi possessed any such extraordinary skill.
He had seen neither Magda nor the unknown black man before, and had no information from a reliable informer that would support a suspicion that either man was involved in drug sales or other criminal activity. When Alesi first saw the defendant and the black man they were in the process of exchanging something. He had not observed them when they first met at that location. For all he knew they could have been previously acquainted. At the time he observed them the two men could have been terminating a long conversation with an exchange of addresses; they could merely have bumped into each other accidentally in taking leave of one another. There are a vast variety of situations and circumstances that could explain as being innocent and innocuous the apparent exchange the officer observed. Alesi did not describe the exchange as furtive or say that either party made an attempt to conceal the substance that was changing hands. He testified that the black man had looked up in his direction, and then turned in a rapid motion and walked away. It is difficult to view these actions as furtive and therefore capable of supporting a reasonable suspicion. Alesi never suggested that the black man ran or even walked quickly as he proceeded west on 43rd Street. In addition, the defendant turned towards the officer and walked past him -- hardly suggestive of criminal involvement. This exchange is susceptible of too many varied interpretations to justify Alesi's suspicion that criminal activity had occurred.
The reason for the stop was primarily because of an observed exchange, albeit unknown, between a young black man and a young white man in an area of the city defined as "narcotics prone."
There is nothing in the record to show that it is more likely than not that narcotics dealing can be reasonably expected to generate this kind of encounter between a young white and a young black person than between two men of the same race, between two women, or between any two human beings of any different ethnic origin or class. Since apparently Alesi's sole justification for stopping the defendant and interrogating him was based on Magda having had some contact with a young black man, the specific articulable facts necessary to justify police interference with an individual on the public streets were lacking. More substantial information connecting a person with criminal activity is needed under New York law. A brief stop for questioning is surely not the greatest indignity a person can suffer, see United States v. Riggs, 474 F.2d 699, 703 (2d Cir.) cert. denied 414 U.S. 820, 94 S. Ct. 115, 38 L. Ed. 2d 53 (1973); but it is a seizure of the person and should not be initiated by a law enforcement officer because of a vague hunch or notion, unsupported by articulable facts, that criminal activity is happening, has happened or is about to happen.
It may be noted parenthetically at least that were I to apply federal standards I would reach the same result. The standards voiced by the New York Court of Appeals in People v. Cantor, supra, are not inconsistent with federal cases interpreting the constraints imposed by the Fourth and Fourteenth Amendments on police action. In Terry v. Ohio, supra, 392 U.S. at 21, 88 S. Ct. at 1880, 20 L. Ed. 2d at 906, the Supreme Court held that "[In] justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion." (Footnote omitted.) In that case the "stop" and the "frisk" occurred together since the officer took hold of the suspect and immediately patted down his clothes. (392 U.S. at 21, 88 S. Ct. at 1879, 20 L. Ed. 2d at 905.) This case, unlike Terry involves only a stop and no frisk. A greater quantum of information is needed to justify a frisk -- a limited search for weapons -- than for a stop alone. Nevertheless, the guidance of the Supreme Court is now clear, and is essentially the same as that of the New York Court of Appeals, that a mere hunch supported by no real basis in fact cannot support an investigative stop. United States v. Brignoni-Ponce, 422 U.S. 873, 880-81, 95 S. Ct. 2574, 45 L. Ed. 2d 607 (1975); Adams v. Williams, supra; Sibron v. New York, supra. Recent cases of this circuit are not to the contrary. United States v. Salter, supra; United States v. Santana, 485 F.2d 365 (2d Cir. 1973), cert. denied, 415 U.S. 931, 94 S. Ct. 1444, 39 L. Ed. 2d 490 (1974).
Accordingly, the motion to suppress is granted, and it is so ordered.
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Robert B. Laughlin is the Anne T. and Robert M. Bass Professor of Physics at Stanford University. In 1998 he shared the Nobel Prize in Physics for his work on the fractional quantum Hall effect. He is the author of The Crime of Reason and A Different Universe. He lives in Palo Alto, California.
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A very sharp painful sensation from my left arm pit to my nipple area?
Doctor Answers 1
Pain left breast
It sounds like a nerve impingement situation. The nerve to your central breast area comes out of the side of your chest and travels toward your nipple. The tissue containing the nerve can be squeezed between the hard surfaces of the bra on the outside and the implant underneath. That is why you feel it more with activity. We usually recommend changing to a supportive sports bra with no wire and taking motrin 400,g three times a day for a week. If it persists you may need to go to a smaller , lighter implant which does cause pressure on the breast tissue as much as this one. Options would be a textured anatomic implant in front of the muscle which stays in place on its own or perhaps a lighter smooth gel and possibly with a lift depending on the skin situtation.
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"A Pint before the Theatre" Covent Garden Tip by fishandchips
Covent Garden, London: 167 reviews and 274 photos
Covent Garden is a nice spot to stop for a drink before attending a play around the corner or just browsing the small shops for a nik nak to take home.
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7 CFR 948.35 - Research and development.
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 948.35 Research and development.
The committee, with the approval of the Secretary, may provide for the establishment of marketing research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption of potatoes and may make available committee information and data to any person, or to any employee of an agency or its agent, authorized by the committee as its agent with the approval of the Secretary, to conduct such projects.
Title 7 published on 2015-01-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 948 after this date.


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Tommy John Launches 2-Ounce "Air" Underwear
Hot off the press is a news release from Tommy John announcing their new Air Underwear and Undershirt line.
New York, NY. (October 19, 2015) – Today, premium men's undergarment brand Tommy John launches the lightest men's underwear ever created, aptly called Air.
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besides being "lightweight" and very expensive, what are the advantages and significant differences with the current product line?


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If you're not a fan of the oil industry, we've got great news for you this week — for once, they won't be getting their way. Now that Yahoo's internet ...On August 9, 2016 / By Chance Kinney
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Yahoo keeps on adding to their dream team. After landing Katie Couric and getting former New York Times tech writer David Pogue to lead Yahoo Tech, Yahoo has ...On April 11, 2014 / By Chip Chick Staff
The Yahoo CES keynote went down today, where Marissa Mayer and some of her best recently acquired friends took the stage to tell us about what to expect ...On January 7, 2014 / By Chance Kinney
Electric City is a new Animated Scifi series that is making its debut today at CES 2012 by Yahoo. Quality online content is growing more and more every ...On January 9, 2012 / By Tiffani Buteau
This app isn't exactly going to light the world on fire, but it's practically a must if you're a Yahoo! Mail user and an Android Phone owner. The ...On June 25, 2011 / By Chance Kinney
The first half of 2011 will see Yahoo's partnered endeavor to create internet enhanced television. Of course this will apply to advertisers, but also to your favorite shows. ...On January 6, 2011 / By Tiffani Buteau
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text: The New Shape of PCs High style and functionyes, we're talking about today's PCs. We gathered 19 of them to see what's new in innovation, design, and ease of use. Online Extra: Although our focus is on innovation, we did run minimal benchmark tests. Get the details here. Contents The New Shape of PCs Consumer Desktops Business Desktops Consumer & Business Notebooks Sony VAIO Slimtop Pen Tablet, IBM Thinkpad Transnote Dream Machines Oceans Apart How Innovative Are They? Benchmark Tests: How We Tested Innovation and design may not be the first words that come to mind when people discuss PCs. When we say PC, you say tower, boxy, boring, andyawnbeige. Thankfully, just as PC technology itself has evolved, so too has PC design. Today, acceptable performance is a given. But as PCs continue to permeate our lives and the competition among PC manufacturers intensifies, the emphasis will be on ease of use, functional design, and style. According to Jupiter Media Metrix, one-third of all U.S. households still don't have PCs. PC companies know that to grab this last piece of the pie, systems must speak to these consumers: They need to be easy to use, look cool, and take up less space. This year's Ease of Use Roundtable, where 24 industry participants gathered, was a hotbed of ideas and debates that gave way to new guidelines for creating more intuitive and attractive PCs. We've gathered more than 20 PC players to see exactly who is pushing the envelope in PC innovation. Discuss this article in the forum


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March 20, 2006
LARRY ROBINSON, JR., PETITIONER,v.UNITED STATES OF AMERICA, RESPONDENT.
Petitioner Larry Robinson has filed a Request for a Certificate of Appealability pursuant to 28 U.S.C. § 2253(c) (d/e 15). For the reasons set forth below, Robinson's request is denied.
On July 10, 2003, Robinson was indicted in this Court, case number 03-30058, for distribution of five or more grams of a controlled substance, cocaine base, in violation of 21 U.S.C. § 841(a)(1) (Count 1) and possession with intent to distribute a controlled substance, cocaine base, in violation of 21 U.S.C. § 841(a)(1) (Count 2). On April 1, 2004, Robinson pleaded guilty pursuant to a plea agreement to both counts of the Indictment. Robinson was sentenced on August 27, 2004. The Presentence Investigative Report (PSR) prepared by the U.S. Probation Office recommended that Robinson be held accountable for 30.6 grams of cocaine base. The PSR also recommended a two-level enhancement in offense level under U.S.S.G. § 2D1.1(b)(1) because Robinson possessed a .380 caliber semi-automatic pistol during the commission of the offense. Robinson did not object to the amount of drugs for which he was held accountable, and the Court found it to be the proper amount, noting that the calculation was supported by Robinson's admissions at his change of plea hearing.
With respect to the § 2D1.1(b)(1) enhancement, Robinson presented a document entitled "Acceptance of Sentencing Enhancement and Waiver of Jury to Determine Sentencing Enhancement" (Jury Waiver) that was signed by both Robinson and his attorney. See United States v. Robinson, 03-30058 (d/e 14). In the Jury Waiver, Robinson acknowledged the PSR's assessment of a two-level enhancement under § 2D1.1(b)(1) for possession of a firearm during the commission of the underlying offense. Id., ¶ 3. Robinson acknowledged that he had the right to a jury determination regarding the enhancement, and stated that he knowingly and voluntarily waived that right.*fn1 Id., ¶¶ 4-5. Finally, the Waiver states that Robinson "accepts responsibility for possessing the firearm during the commission of the underlying offense and accepts the enhancement for said conduct." Id., ¶ 6. Given this admission, the Court deemed the § 2D1.1(b)(1) enhancement to be established. Therefore, the Court found Robinson to have a total offense level of 27 and a criminal history category of III. This resulted in a sentencing range under the United States Sentencing Guidelines of 78-97 months imprisonment. The Court sentenced Robinson to 78 months imprisonment. Robinson did not appeal.
Robinson filed the instant habeas case on July 18, 2005. Robinson asserted that: (1) the Government breached the Plea Agreement; (2) counsel was ineffective in failing to alert the Court to the Government's breach; (3) counsel was ineffective in failing to object to the § 2D1.1(b)(1) enhancement; and (4) counsel was ineffective in failing to object to the drug quantity calculation. The Government moved to dismiss the Petition, based on the fact that, in the Plea Agreement, Robinson waived his right to bring a § 2255 petition.
The Court held that Robinson failed to show that the Government breached the Plea Agreement. Additionally, the Court recognized that, as a part of his Plea Agreement, Robinson expressly waived his right to collaterally attack his conviction or sentence. Thus, the Court allowed the Government's Motion and dismissed Robinson's Petition on the basis of the waiver on January 23, 2006. Opinion, January 23, 2006 (d/e 11). The Court further noted that Robinson's remaining ineffective assistance of counsel claims would also fail if considered on their merits. Judgment was entered that same day.
Robinson seeks to appeal the denial of his Petition. Appellate proceedings on collateral review cannot commence without a Certificate of Appealability (COA), either from a district court judge or from a judge of the Court of Appeals. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). If a petitioner files a notice of appeal, the district judge who rendered the judgment must either issue a COA or state why a certificate should not be issued. A court may issue a COA for a decision denying a 28 U.S.C. § 2255 petition "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). In order for a COA to be granted, Robinson must show that "reasonable jurists could debate whether the challenges in his habeas petition should [have] been resolved differently or that his petition adequately shows a sufficient chance of the denial of a constitutional right that he deserves encouragement to proceed further." Rutledge v. United States, 230 F.3d 1041, 1047 (7th Cir. 2000).
Robinson seeks to raise his drug quantity argument before the Court of Appeals. However, as set forth in the Opinion dismissing Robinson's Petition, the Court dismissed Robinson's Petition based on the fact that he had waived his right to collaterally attack his conviction or sentence.
When the district court denies a habeas petition on procedural grounds without reaching the prisoner's underlying constitutional claim, a COA should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. . . . Where a plain procedural bar is present and the district court is correct to invoke it to dispose of the case, a reasonable jurist could not conclude either that the district court erred in dismissing the petition or that the petitioner should be allowed to proceed further. In such a circumstance, no appeal would be warranted.
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
In the present case, reasonable jurists would not debate the conclusion that the Government did not breach the Plea Agreement by seeking an enhancement under § 2D1.1(b)(1). Nowhere in the Plea Agreement does the Government agree not to seek sentencing enhancements in general or a § 2D1.1(b)(1) enhancement in particular. The Government agreed not to bring "additional criminal charges in the Central District of Illinois against the defendant relating to or arising from the offenses charged in this indictment," absent inapplicable exceptions. Government's Response and Motion to Dismiss Larry J. Robinson, Jr.'s Petition for Relief pursuant to Title 28, United States Code, Section 2255 (d/e 6), Ex. 1, Plea Agreement (Plea Agreement), ¶ 18. However, a sentencing enhancement is not tantamount to new charges against the Defendant. Moreover, the Plea Agreement clearly states that Robinson was aware that the Court was required to consider applicable sentencing guidelines and that, at the time of sentencing, the Court would not be bound by any recommendation made by any party. Id., ¶¶ 21, 24. Thus, there is nothing in the record to support a finding of breach by the Government.
In the Plea Agreement, Robinson expressly recognized that he had the right to collaterally attack his conviction or sentence under 28 U.S.C. § 2255. Plea Agreement, ¶ 11. As a part of the Plea Agreement, Robinson agreed to "knowingly and voluntarily waive[] his right to collaterally attack the conviction and/or sentence." Id. The Seventh Circuit has recognized that waivers of the right to file a collateral attack, including a § 2255 petition, are enforceable as long as: (1) the waiver was knowing and voluntary and (2) the petitioner cannot establish a claim of ineffective assistance of counsel in connection with the negotiation of the agreement. See Mason v. United States, 211 F.3d 1065, 1069 (7th Cir. 2000). Robinson did not address the collateral attack waiver in his prior submissions to the Court, nor does he address it in his request for a COA. There is no basis in the record that would support a finding that either exception applies in Robinson's case. Thus, a plain procedural bar exists, and reasonable jurists could not disagree. Robinson's request for a COA is, therefore, denied.
THEREFORE, Robinson's Request for a Certificate of Appealability pursuant to 28 U.S.C. § 2253(c) (d/e 15) is DENIED. All pending motions are denied as moot. This case is closed.
ENTER: March 20, 2006.
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I feel like the entire review could just be the word, "BOGUS!"
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Here's Not Here was a good episode at the wrong time.
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The strong season continues with possibly the hardest episode to watch...
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A very solid premiere as it played to the strengths of the show and avoided most of its weaknesses...
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The Effects of Medicaid Expansion under the ACA: Findings from a Literature Review
Research on the effects of Medicaid expansions under the Affordable Care Act (ACA) can help increase understanding of how the ACA has impacted coverage; access to care, utilization, and health outcomes; and various economic outcomes, including state budgets, the payer mix for hospitals and clinics, and the employment and labor market. These findings also may inform ongoing debates surrounding the Medicaid expansion. This brief reviews and summarizes findings from a total of 61 studies of the impact of state Medicaid expansions under the ACA.Issue Brief Read More
8 Preguntas & Respuestas sobre Puerto Rico
La crisis de $73 mil millones de Puerto Rico ha sido tema de los medios de comunicación nacionales, y de debate en el Congreso en los últimos meses. Además, varios de los principales medios de prensa han reportado sobre una inminente crisis de la atención de salud relacionada con cuestiones…Fact Sheet Read More
ACA Coverage Expansions and Low-Income Workers
This brief highlights low-income workers and the impact of ACA coverage expansions on this population. Low-income workers may not have access to jobs that provide full-time, full-year employment or jobs with comprehensive benefit packages, including health insurance. Medicaid plays an important role in providing health coverage for low-income workers, and coverage expansions implemented under the ACA have produced substantial coverage gains for low-income workers and a corresponding reduction in the uninsured. However, low-income workers in non-expansion states with incomes too high for Medicaid but too low for subsidies in the Marketplace do not have an affordable coverage option and will likely remain uninsured.Issue Brief Read More
Becoming "Healthy Louisiana": An Overview of Planning Efforts to Implement the Medicaid Expansion
This fact sheet provides an overview of Louisiana's planning activities to implement its Medicaid expansion, Healthy Louisiana.Fact Sheet Read More
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This chartpack provides data on demographics, health access and utilization, health status and outcomes, and health coverage by race and ethnicity to provide greater insight into the current status of disparities. Where data are available, it examines measures by six groups: White, Asian, Hispanic, Black, American Indian and Alaska Native, and Native Hawaiian and Other Pacific Islander.Report Read More
Connecting the Justice-Involved Population to Medicaid Coverage and Care: Findings from Three States
This brief provides an overview of initiatives to connect the justice-involved population to Medicaid coverage and care in the community in three states—Arizona, Connecticut, and Massachusetts—based on interviews with key stakeholders. These states are leading efforts in these areas and provide key lessons about how to coordinate across health care and corrections and the potential of such initiatives to better link individuals to the physical and behavioral services they need. Each of the case study states is connecting individuals to coverage at multiple points within the justice system. The study states also connect individuals to care in the community as they are released from jail or prison. Stakeholders and data indicate that these approaches have increased coverage, facilitated access to care, and contributed to administrative efficiencies and state savings. However, more data and time are needed to examine the effects on health and criminal justice outcomes, including recidivism rates.Issue Brief Read More
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Employer- and union-sponsored retiree health benefits have served as an important source of supplemental coverage for people on Medicare, but over time, this coverage has been eroding. This Data Note draws upon five national surveys to document the decline in retirement health insurance coverage, and discusses the implications for seniors and retiring Boomers.Issue Brief Read More
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The Affordable Care Act's (ACA) major coverage reforms have created new pathways to insurance coverage for millions of Americans, including those with HIV. How have these changes affected coverage and access to care for people with HIV? Who has gained new coverage and who has been left out? On May 4 at 9:30 a.m. ET, the Kaiser Family Foundation held a policy briefing to discuss these questions with a panel of experts.Event Read More
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James is Cavs' scoring leader at age 23
LeBron James led Cleveland to a 90-83 victory over the Toronto Raptors tonight, and he scored 29 points in becoming the Cavaliers' all-time scoring leader.
James, at age 23 and in his fifth pro season, already has scored 10,414 points, surpassing the franchise mark held by Brad Daugherty.
James and the Cavaliers will play the Bucks for the fourth and final time this season on Saturday night when the teams meet at the Bradley Center. Milwaukee leads the series, 2-1, and the Bucks' only loss came in double overtime (104-99) in Cleveland on Dec. 17.
In the three games against the Bucks, James has averaged 33.3 points, 6.3 rebounds and 6.0 assists. Bucks guard Michael Redd has averaged 27.0 points, 5.3 rebounds, 6.3 assists and 2.3 steals against the Cavaliers.
Since James joined the Cavaliers in 2003, the Bucks have a 7-12 record against Cleveland.
- Bucks, Plumlee agree to four-year, $50 million deal
- Maker named to Vegas summer league second team
- Dekker, Rockets knock off Bucks in Vegas finale
- Giannis, Thanasis get call to service in Greek military
- Bucks face Mavericks in tournament play Wednesday
- Kidd recalls nearly joining Spurs, salutes Duncan
- Maker impresses with his poise off court, play on it
- Bucks Podcast: Gardner & Velazquez discuss summer league and free agency
- Brogdon says NBA pace takes an adjustment
- Giannis' Olympic dream ends in Greece's 66-61 loss to Croatia


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Hanna is a taut action thriller directed by Joe Wright whose previous films The Soloist (Robert Downey Jr/Jamie Foxx), Pride & Predjudice and the Oscar nominated Atonement (both with Keira Knightley) are all well regarded.
Saoirse Ronan, who had worked with Wright on Atonement, gives a focused and convincing performance as Hanna, with solid turns from Eric Bana and Cate Blanchett rounding out the billing.
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Smart and mesmerizing with an incredible soundtrack.
I find this movie a great one, the story is good, with a few twists and good performace from the actors, I think this movie is worth to watch even if sometimes the camera work it's kind of annoying but to little to damage the movie.


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Great location close to transportation excellent breakfast good front desk staff comfortable ensuite bedroom highly recommendable Ronald Hamilton Canada


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Ashley Furniture Store Locations
The Ashley HomeStore Starmore bedroom is the perfect mix between wood & metal. Head to your nearest store to see it in person! https://www.ashleyfurniturehomestore.com/furniture-stores
my dream is to have a yarn store/coffee shop....and I am very close to get it!
The Olsens Open a Fashion/Furniture Store in LA!
Mary-Kate and Ashley Olsen at The Row's first flagship store in West Hollywood, CA. Click through for pics of the gorgeous brick-and-mortar!
Windville Dining Room Table | Ashley Furniture HomeStore
Howies Furniture Carries Ashley, Robert Michaels, Klausner 60000' Store
Ashley furniture "Kira" Wonder if something similar to this could be made DIY with old dressers?
fab leopard studded chair
NYFW highlight: The Row's a/w show, in collaboration with Wyeth furniture: Will the Olsens branch out into furniture next?
A Review of Ashley Furniture


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Author: SARS
Please be advised that a SARS consultant will be available at the Port Elizabeth and East London branches to provide eFiling and E@syfile support on the following days:
• Port Elizabeth - 30 March 2015
• East London - 31 March 2015
The consultant will be available from 10:00am to 15:00pm on both days.
2016/12/062016 Webinar: Tax Risk Management
2016/11/28When is an error a bona fide inadvertent error?
2016/11/28The price is not right: Advertising and the VAT Act
2016/03/24Can SARS limit legal professional privilege?
2015/10/23All tax practitioners can now book SARS appointments online
Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.
The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.


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Recruit Express Pte Ltd - HCLS7&11
Singapore's Largest & Most Preferred Recruitment Company
Established since 1996, Recruit Express has emerged as a leading staffing solutions provider that has set a proven track record for matching the right people to the right organisation within the shortest time. With our vast network of resources, extensive databases and defined recruitment processes, we have been successfully bridging talented job seekers of the highest caliber to employers who only want the best in their teams.
In our relentless pursuit of excellent service, we have adopted best practices and dynamic growth strategies in expanding our operations across the Asia Pacific regions: we now operate from 18 offices in Singapore, Taiwan, Malaysia, Hong Kong and Australia, as well as affiliates in Shanghai, Tokyo and Bangkok.
With over 400 committed consultants from various professional backgrounds and disciplines, we make a difference by delivering top-notch services to our clients and candidates alike.
EA License No. 99C4599
Temp Admin Assistant (Central, 4-6 months)
jobsDB Ref. JSG400003003029423
EA License No 99C4599
- Providing administrative support to various departments
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- Data Entry, photocopying / filing / sorting of documents
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- Minimum A Levels or Diploma in any field
- Able to start work immediately & commit for at least 4-6 months
- Meticulous and able to communicate effectively
Interested candidates, please apply via the "Apply Now" button!
Sandra Chong Sze Wei
EA License No. 99C4599


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Steven M Prehm
Main Address:
GolfTEC - Huntington Beach
15811 Graham St
Huntington Beach CA 92649-1723
(714) 841-9608
15811 Graham St
Huntington Beach CA 92649-1723
(714) 841-9608
Steven Prehm is a PGA Professional in Huntington Beach, CA. The PGA of America comprises 27,000 men and women professionals with one singular goal in mind - to make the game of golf more enjoyable for you.
Services Offered:
- Instruction
Professional has not entered award information.
Home » Golf Courses » California » Huntington Beach » Steven M Prehm
PGA of America Championships
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Chaska, Minn.
Trump National Golf Club
Washington, D.C.
Olympia Fields Country Club
Olympia Fields, Illinois
Quail Hollow Club
Charlotte, North Carolina


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3 Bedrooms Semi Detached Bungalow for sale
Haigh Road, Rothwell, Leeds, LS26
*** simply stunning *** presented to the market by your move. internally briefly comprises: entrance hall, lounge, kitchen, bathroom, three bedrooms with the master having it's…
3 Bedrooms End Of Terrace House for sale
Fantastic gardens! beautifully presented three bedroom end terrace, with a modern kitchen and bathroom, large enclosed rear garden and off road parking. conveniently located within…
First Avenue, Rothwell, Leeds, LS26
*** chain free three bedroom home with a large rear garden *** internally briefly comprises: kitchen, lounge/dining room, three bedrooms and a bathroom. externally there is off street…
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