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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Professional development requires us to reflect on our successes and failures and the ways in which we can learn from them. Nothing stays still. One certainty is that the hazards we face next year will be different ones. It is important to take time occasionally to reflect on what you stand for, where your leadership agenda is taking you, what you need to know in order to realize that agenda, what the results of previous attempts to intervene in change were, and how you would proceed differently next time. These activities help keep us energetic and motivated, and rightly focus attention on the future as well as the present (Taleff, 2006, p. 44).
Instructional Strategy
One of the difficulties in all academic staff development program is making the leap from a focus on skills and techniques to a consideration of the underlying 'working theory' which informs those techniques. It is important to understand how working theories and practice form part of a unified system. We now know that, in the area of improving teaching skills, certain theories, or conceptions of teaching and learning limit the capacity of lecturers to deploy techniques effectively; or more precisely, prevent them from seeing the possibilities inherent in those teaching techniques. For example, a science lecturer who sees first year student learning as involving chiefly the acquisition of information, and her own role as transmitting that information, has a limiting conception of student learning. As a result, she will not 'see' the possibility of helping the students to learn through asking them questions, and there is no point in training her to use this technique unless she is also encouraged to change her conception (Hovland, Kirkwood, Ward, Osterweis & Silver, 2009).
Why should cognitive psychologists be concerned with motivation? In the typical cognitive psychology formulation, motivation is not a theoretically interesting or important variable. The assumption typically made is that motivation simply involves caring about a task or wanting a successful task outcome -- and that once individuals care about the task they will display the cognitive processes (and hence the intellectual performance) of which they are capable. In this view, motivation is a quantity that people have in varying degrees and, if they have enough of it, their intellectual performance will fully reflect their cognitive abilities (Matthews, Schenkel, Ford & Human, 2009).
Knowledge Gathered as a Consequence of Used Strategy
Our perspective challenges this assumption and in doing so casts motivation in a much more interesting light. In place of the view of motivation as a simple amount of caring, it proposes that there are qualitatively different motivational frameworks, driven by people's beliefs and goals, that affect basic attention and cognitive processes. By doing so, these motivational frameworks can substantially change intellectual performance even among individuals who care very much about succeeding.
We review research showing how the motivational beliefs and goals people hold affect their attention processes, cognitive strategies, and intellectual performance, particularly in the face of challenge and setbacks. We present evidence from laboratory studies (including electrophysiological studies), field studies, and educational interventions. We hope to demonstrate the powerful effects of these motivational variables, their dynamic and malleable nature, and the striking changes in performance that can result from brief, but targeted interventions (Shaughnessy & Moore, 2008, p. 239).
Role Of Believe and Goals in Developing Expertise
A performance goal is the goal of validating one's ability through one's performance, that is, the goal of looking smart and not dumb. In contrast a learning goal is the goal of increasing one's ability, that is, the goal of getting smarter. These goals create very different mindsets, which we will see, have many ramifications (Hauser, 2010).
Although both goals can be important in achievement settings, some students are overly concerned with performance goals, while others focus predominantly on learning goals. Why might this be? We have found that students' theories about their intelligence orient them toward one class of goals or the other. When students believe that their intelligence is a fixed trait (an entity theory of intelligence), it becomes critical to for them to validate their fixed ability through their performance. In contrast, when students believe that their intellectual skills are something that they can increase through their efforts (an incremental theory of intelligence), they become less concerned with how their abilities might be evaluated now, and more concerned with cultivating their abilities in the longer term.
Skill Development
In some of the studies described below, we used measures of students' goals or theories of intelligence to predict their cognitive strategies and intellectual performance. In other studies, we manipulated students' goals or theories of intelligence to produce different patterns of cognitive strategies and intellectual performance (Gutierrez, 2008).
A core problem of self- and emotion-regulation is how to strike a proper balance between two sometimes competing goals and strategies. On one hand, good self-regulation requires that individuals optimize affect. To do so ensures a sufficiently positive balance of affect and the ability to resiliently recover from negative effect. On the other hand, good self-regulation often requires that individuals forgo the personal need for affect optimization as they accept tension and delay of positive affect and endure prolonged negative effect in the interest of adapting to the external demands of reality.
The tension between these two goals is reflected in the fact that theories of affect and self-regulation often emphasize either one or the other of those strategies. Some researchers point out those regulating emotions through the maintenance of relatively high levels of positive and low levels of negative affect has been consistently related to better psychological outcomes and adjustment. Nevertheless, a growing body of research suggests that the processing of negative affect also is an important aspect of psychological health, and that exclusive focus on positive aspects of experience can be related to undesirable outcomes ("In Brief," 2010, p. NA.)
Development of Expertise
Since maintaining positive affective balance, though one important adaptive outcome, is not the only criterion of well-being, there has been a growing emphasis on how individuals organize positive and negative effect in terms of differentiated cognitive-affective structures. Work on ego development, this orientation recently has led to several proposals that focus on individuals' understanding and organization of affect terms across time, context, and emotion category or valence. Variously referred to by such terms as cognitive-affective complexity or, emotional awareness, or emotional intelligence, some authors have suggested that these terms refer to a second criterion of adaptive emotion regulation that is somewhat independent of valence-based ones, per se (Grammig, 2001, p. 52).
Development of Capacities
We suggest that ideally in development, individuals coordinate these modes into integrated cognitive-affective structures. Each of those modes implies a different criterion of what constitutes optimal functioning, however. The first mode, affect optimization, emphasizes hedonic quality through an emphasis on maximizing positive and minimizing negative effect. In contrast, the second mode, affect differentiation, emphasizes conceptual and emotional complexity, individuation and personal growth, and the ability to maintain open, elaborated, and objective representations of reality even in the face of negative though vital information. We further suggest that these apparently different patterns of self and emotion development in adulthood can be reconciled by the assumption that ideally, the two modes of affect regulation cooperate in an integrated fashion, assuring well being through an emphasis on both hedonic tone and open, complex representations. In many cases, however, individuals may come to favor one mode over the other, creating less balanced and well-integrated regulation as they sacrifice a complex, objective representation of reality for positive effect, or else sacrifice positive affect for complexity. Such a lack of integration has important implications for describing individual differences in patterns of successful aging, and those individual differences, in turn, may have profound implications for physical and psychological health. Below, we summarize the general theoretical model of integration and its implications for examining adult age differences and age changes (Appiah-Opoku, 2007).
Objective and veridical function of the Ego's reality principle, many theoreticians have stressed that affective adaptation implies that we are constituted as dual human beings. On one hand, our inborn reflexes, affects, and proclivities appear to make us into machine-like automatons that react to the environment and in so doing maximize personal pleasure and minimize personal pain. On the other hand, we are able to endure and even embrace negative effect in the pursuit of growth and the creation of meaning. Thus, we are not merely reactive creatures but also able to proactively and consciously direct our growth, to act with self-determination and to strive for self-realization (Lavergne, 2004).
A unique aspect of Piaget's view of affect is that it rejects any dualism between affect and cognition but claims that the two are like different sides of the same coin -- that is, Piaget (1980) viewed affect as the dynamic aspect of cognition, or conversely, cognition as the structural aspect of emotions. That is, cognition structures the dynamics of emotional experience. As a consequence, as the cognitive system develops, so…[continue]
"Expertise And Development" (2011, September 07) Retrieved November 28, 2016, from http://www.paperdue.com/essay/expertise-and-development-117426
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Social Development in Early Childhood and Future Academic Success Teachers have long reported a positive correlation between a child's social/emotional development and academic success. The purpose of this paper is to review four articles that report on research examining this relationship. Han, H.S., and Thomas, M.S. (2010). No child misunderstood: Enhancing early childhood teachers' multicultural responsiveness to the social competence of diverse children. Early Childhood Education Journal 37(6), pp. 469-476. The majority of
The significance of career training programs i.e. formal and non-formal educational measures help in quality development of personnel and promoting the achievement of career goals and objectives as well as success in the field. Conclusion: The hospitality and hotel management industry provides numerous opportunities for individual development and success. Notably, success in this industry depends on the formal and informal career training and educational programs that an individual receives. These programs
Leadership Development Plan Leadership Development for Mentor To be in position to coach training nurses and uphold care to patient as a first concern. The core objective of training as a nurse is to attain sufficient expertise in patient care and be able to uphold the ethics of nursing while undertaking roles in the professional (Duffy & Hardicre, 2007). The mentor shall endeavor to coach the training nurse towards this goal and
Successful sustainable development also requires an evaluation of major trends and problems in the tourism industry rather than focusing on minor new developments that may have localized impact only (Butler, 1998). Taken together, the foregoing indicates that irrespective of the precise definition that is used, sustainable tourism development is based on three main principles, economic, environment and social which are described below: 1. Economic: This principle refers to something that affects
An employee who is an effective communicator knows how to handle his/her peers and his/her superiors. Coaching by peers or managers enables an employee to build a specific skill or even change a pattern of behavior. It does also help an employee to adapt to a new process or practice. Coaching improves an employee's working relationship or performance and productivity. It can make them overcome problems that come their
Management Development Techniques All business organizations seek to maximize the profitability using the least available resources. The bottom-line in realizing such coveted success is by making their management processes efficient. In this regard, managers will often employ various techniques in developing and improving their existing management styles. This is because new issues always would come up and have to be addressed through the necessary change management initiatives. This study will look
Human Resources Development (HRD) Needs Analysis. Description: You obtain information directly uploaded material ( slides voice recording / upload audio file) HRD Manager official website company information provide company, strategy, current issues future plans assessment. Human resource development issues at RACQ Australia As the workplace changes, RACQ must also change and place more emphasis on the development of its staff members. The identified problems include an increased attention on customers and


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Here's a few fun facts about me:
Connecting with nature has always been my vice! I'm happiest when photographing ocean waves and chasing butterflies.
My first professional camera was a Minolta 35mm, which I can honestly say I miss at times.
I was in the modeling industry for about 10 years and took dance for 12. That's where my passion grew for photography and I think I've watched every dance movie ever made.
I have a Himalayan cat who loves to fetch and eat sushi. I DO NOT HAVE A GREEN THUMB TO SAVE MY LIFE, but I love planting flowers and working in my garden.
I believe in the super natural & my bucket list includes taking lessons to use a Cyr Wheel and to watch the Grunion Run.

subset: commoncrawl


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Welcome to the Hartsville baseball team wall. The most current information will appear at the top of the wall dating back to prior seasons.
Utilize the left navigation tools to find past seasons, game schedules, rosters and more. Best of luck this spring!
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Major League Baseball is back, and a fortunate few high schools across the country have alumni taking the mound on opening day. Read Article Get Notified
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|This is a discussion on Three-betting within the online poker forums, in the Tournament Poker section; has 3 betting gone out the window? i find these days that the standard 3bet seems to always get called even when deep in a
has 3 betting gone out the window? i find these days that the standard 3bet seems to always get called even when deep in a tourney for instance the blinds might be 500-1000 and you 3bet your 77s+ from mid position, for some reason you get 2 limpers and the sb and bb get involved because of the odds and i dont mean because they got big stacks! there tourney life is in danger also!! i,m thinking maybe going to the 4-5 bet range if there going to stay out of the pot either there unaware of the 3 bet or maybe there are just so many fish these days the standard 3 bet needs to be increased or am i getting it wrong?? opinions much appreciated gg,gl fellow pokerbuds...
I totally agree...
When I 3 bet I'm called all the time, it seems I have to bet 5-6 bet just to get people to fold, and even then I find people will still call or go over the top or try to bluff me to go all in even when they have mediocre hands. This happens more often to me in rebuy tournaments and that is why I have been staying away from such tournaments.
Lets play Poker
glad you agree pal and its not only that there tourney life is on the line its that they have very marginal calling hands i.e q9o or t8s ect.ect also to be playing that long in the game to not understand the 3bet! yeah i'll be opting for the 4-6bet from now on but will they stay away?? thanks for the reply gg,gl
I genuinely think there is more tournament equity to just flat call with medium to small pocket pairs and hope to flop your set. Players are just way more aggressive and less willing to fold. No reason to put your stack on the line in a flip when you can find much better spots. Negreanu seems to have perfected the small ball tourney strategy and I try to copy most of what he does. Poker VT is a great resource for tournament players imo.
I think we're getting our terminology confused here in this thread...'3-bet' is putting in a raise over another player's opening bet/raise. I think in this thread OP (& some others) are referring to a standard opening raise size of 3x bb.
Typically (in early levels) when putting in a raise over limpers you'd want to bet out ~3x bb + 1bb for each limper. So say if there's two limpers in ahead of you & you want to raise it up with AKo, you might want to raise it to 5x bb.
(maybe I'm the one who's misread this thread... but I think maybe not)
If you're talking about an actual 3 bet then I think a lot of the calling arises from the popularity of light 3-betting. People are 3-betting much lighter than they used to and to combat it, people are calling (and sometimes 4-betting) much lighter than they used to. There's also the possibility that the games you are playing are just full of fishy calling stations. make sure you know the difference between the two types of callers.
re: Poker & Three-betting
I do 3bet only when I see that my opponent is weak or when I got some nice cards on hand.
And about calling - If I raise and my opponent 3bets min, then I of course will call. If he 3bets more than minimum then in most of times I will fold.
i understand the what you are experiencing. yup it happens all the time. and for myself sometimes instead of 3 betting from middle position or utg i will limp and see what happens behind me maybe get a chance for a 4 bet and depending on the player or players left to make a play at an all in shove pre might be the play i will take. i guess for me its has to do with how i read ppl im against and numbers perceived for the estimated value. i guess every situation isn't the same though. hmm the power of position
Obv the table composition is very important. 3 betting recreational players just bloats pots and gets them attached to otherwise marginal hands they may fold on the flop and allow you to win uncontested pot after uncontested pot, I prefer to play many pots in position against your average passive players, At a table of tight aggressive players I think 3 betting is mandatory to ensure you get action on your monster hands
Just started another round of low-stakes online poker with a tiny deposit (getting some practice in for a Vegas trip coming up). The trend I am seeing is anytime someone gets 3-bet they just shove over the top. This is regardless of the size of the re-raise. I.E. villain raises to 3x the blind, you re-raise to 5x the blind, they shove for a total of 50x the blind. So beware if you 3-bet someone in a low stakes game, you're probably going to have to call their all-in, lol.
3 beting
If you have a raise and a reraise in front of you I would say uyou better habve a very good made hand or anb increrdable draw with mega outs to win., Otherwise fold all the time. yes there are donks and calling styations that can bloat a pot but all you need is one good player in the hand that knows what the dealk is and your busted
re: Poker & Three-betting
There are 2 conversations going on in this thread.
1 group of people is talking about being the first one to raise the pot for a "standard" 3x the BB. This is not a 3bet, but just a raise.
The other group is talking about re-raising somebody who already raised.
^^This^^ is actually a 3bet. Also known as Re-Raise.
YOU CANNOT 3 BET LIMPERS!!!! because you cannot "re-raise" when nobody has raised. So all these replies that advocate "limping along" instead of 3betting have their terminology confused.
Anyways....there are solutions to both dilemmas; whichever conversation you are having in this thread. Which basically come down to either "don't raise" or "raise more"
Any bets and raises you make should have a purpose. If the purpose of your raise is to thin the field, but then your raise NEVER accomplishes that goal then your raise is pointless. Either call along, or fold, or raise bigger but don't just keep doing the same thing and then wonder "why don't my raises ever work?"
Here is an example of the most pointless raise: 4 or 5 players limp and then the BB min raises. What on earth could possibly be the point of that raise? (I actually see that all the time). If you have a big hand, raise big. If you have a speculative hand, check your option and take a free flop. The min raise only builds a pot when you're out of position. Nobody who limped will fold to this raise as their hand is still the same, but now their pot odds are even better. If you have AA it is stupid. If you have 22 it is stupid. if you have AK it is stupid. if you have 78s it it stupid. There is literally not a single hand I can imagine where min raising a bunch of limpers serves any purpose whatsoever.
So....in short. Have a purpose for any raise you make. Are you bluffing? Are you value betting? Are you thinning the field? Are you isolating a weak player in position? Define your goal, and then develop a plan from there. Until you know what you are trying to achieve it's hard to evaluate your success....
All I can say is... Utilize position... You have a lot of people limping and calling anything, we need position if we are going into a multiway pot.
Especially at early-midstages of a tournament there is a lot of fish or even decent players going in with absolute trash trying to just accumulate chips.
Perhaps they are also using Position against you and also you have a leak of holding on too tight to your premium preflop openings and being exploited badly.
Best of luck.
This happens a lot in small tournament buy in. They call with loss hands and hopping to hit. A standard could be good since it could get them to call all the time and not hit anything, it can be profitable if you play it right. I'd you raise it too high then no one will call you. Not in a tournament anyway.
Small tournament buy-ins... Everyones calling you lol and chances are if it's early in a tournament they are going to shove. and there will be callers lol
Why on earth are you raising? You have 77s, not AA or KK. You're not trying to 'protect' your hand from overcards. You want as many limpers as possible so someone or multiple players will stack off with TPTK or a bad draw when you hit your set.


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|Tazobactam arginine compositions
|This disclosure provides compositions containing solid forms of tazobactam arginine, and methods of manufacturing and using these compositions.
|Lai; Jan-Ji (Westborough, MA), Gu; Jian-Qiao (Lexington, MA), Pathare; Pradip M. (Lexington, MA), Jurkauskas; Valdas (Cambridge, MA), Terracciano; Joseph (Concord, MA), Damour; Nicole Miller (Belmont, MA)
|Cubist Pharmaceuticals, Inc. (Lexington, MA)
|Application Number:
|Patent Claims:
1. A composition comprising crystalline tazobactam arginine characterized by an X-ray powder diffraction pattern having peaks expressed in degrees
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2. The composition of claim 1, further characterized by a differential scanning calorimetry thermogram having a characteristic peak expressed in units of .degree. C. at a temperature in the range of about 209.2 to about 211.9.
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A History
By (author) Simon Ward
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Chester by Simon Ward
Book DescriptionA history of Chester
Buy Chester book by Simon Ward from Australia's Online Bookstore, Boomerang Books.
Book DetailsISBN: 9781860774997
(248mm x 172mm x 20mm)
Pages: 144
Imprint: Phillimore & Co Ltd
Publisher: The History Press Ltd
Publish Date: 1-Sep-2008
Country of Publication: United Kingdom
Books By Author Simon Ward
Art and Making of Kong, Hardback (March 2017)
Welcome to the jungle. The origin of one of cinema's most beloved and most fearsome monsters is explained in Kong: Skull island. This official companion to the blockbuster movie features the breath-taking art, storyboards, designs, and set photos that conjure King Kong's world.
Aliens, Hardback (August 2016)
Aliens: The Set Photography reveals a unique new perspective on the making of James Cameron's film, capturing the director, cast and crew as their bring the second action-packed instalment of the Alien saga to the big screen. Features brand-new insights and memories from Carrie Henn (Newt) and Jenette Goldstein (Private Vasquez).
Art and Making of Independence Day Resurgence, Hardback (June 2016)View all books by Simon Ward
Twenty years after the events of the first film, the international community recovers and builds up Earth's defenses using technology salvaged from remains of the alien forces. However, the aliens were able to send a distress signal before their final defeat, which results in anew task force of alien ships coming to Earth.
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Author Biography - Simon Ward
Simon Ward is a senior archaeologist with Chester City Council's Archaeology Service. He has undertaken numerous major excavations in Chester, including sites in the Roman fortress and civil settlement, the medieval Black Friary, and Chester Cathedral.
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Two local law enforcement officers are ready and dedicated to helping others become fit and healthy with their annual fitness program.
Local News
Officers Accepting Enrollment In Fit Camp
Winging It: Greendale Buffalo Wings & Rings Opens Wednesday
Dearborn County's dining options continue to expand with yet another new restaurant expected to open its doors Wednesday.
Kentucky's Statewide Tornado Drill Tuesday
In association with March's designation as Severe Weather Awareness Month, Kentucky's statewide tornado drill will take place at 10:07 Tuesday morning.
Want To Work In Hollywood? Casino Is Hiring March 10
You can roll the dice on a new career during an upcoming job fair by Hollywood Casino Lawrenceburg.
Another Accident On Carroll Cropper Bridge
Police say that speed and alcohol were factors in a crash that shut down the westbound lanes of the Interstate 275 Carroll Cropper Bridge Monday evening.
Local Family Farms Awarded For 100+ Years Producing
They have been plowing the fields, sowing crops, raising livestock, and putting food on the table of their families' and others for a long time.
Afghanistan Veteran Bondurant Gets Standing Ovation At Bearcats Game
Brett Bondurant was honored at the University of Cincinnati versus Memphis college basketball game at Fifth Third Bank Arena on the UC Campus on Saturday, March 8.
Two Vehicles Crash Into Herd Of Loose Cattle
A wandering herd of cattle is being faulted for causing a two crashes on State Road 350 near Milan early Sunday morning.
Felon Who Possessed Guns Now Faces Prison Following Latest Conviction
Jurors took only 15 minutes to deliberate before returning a guilty verdict for a convicted felon accused of illegally possessing a firearm.
INDOT Has Plans U.S. 421 In Osgood This Summer
The $421,000 project will repair and repave U.S. 421 from CR 300 North to the drive at Jac-Cen-Del schools.


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Home > Groceries > Food cupboard > Bread, biscuits & crackers > Crackers > Allos Organic Amaranth Crispbread (250g)
Allos Organic Amaranth Crispbread (250g)
Dietary Summary:
Dietary Summary:
Light crispbread made with Amaranth
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Product description
Easily digestible and rich in nutritions, these crispbreads make the perfect addition to lunches or snacks. Made without baking agents or yeast, you can be assured of their quality. Crispy and light with a noble nutt taste. Best served with sweet or savoury spreads.
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Battlefront Project adds tons of your favorite weapons and playable units to the battlefront from Star Wars Cannon. The redone weapons and units make this game much more intense.
The new side layout includes 9 basic types of units:
1. Medic
- Carbine/Auto; Carbine/Semi; Pistol; Thermal Det; Bacta Gun
2. Assault
- Rifle/Semi; Rifle/Burst; Blaster; Grenades; Thermal Det
3. Technician
- Shotgun/Flamethrower/Lightening gun; Repeater Pistol; Fusion cutter/heal; Fusion cutter/damage; Ammo Replenisher
4. Sniper
- Sniper rifle; Pistol; Grenades; Recon droid x2
5. Demolitions
- Missile/Grenade launcher; Pistol; Mines; Detpacks; Concussive grenades
6. Mobile
- Quick, deadly and flight; Short range weapons
Includes: Rocket Droid/Geonosian elite; Clone Jet trooper; Rebel Mercinary; Storm Jet Trooper
7. Stealth
- Short range, Stealth mode, knife, sabotage
Includes: Shadow trooper/Clone Assassin; Stealth droid; Bothan spy/Recon trooper; Imp commando/Blackson trooper
8. Support Gunner
- Heavy fire-power, turret dispensors, shields
Includes: Clone support/ARC gunner; Droideka/Trando Mercinary; Twilek Gunner; Wookie Support; Shocktrooper Enforcer
9. Special
- Unique units that can be most effective
Includes: Clone Commander, RC, ARC Commander; BD commander, Magna Guard, IG-88; Alliance Commander, Rebel Commando, Leia, Han, Chewy; Imp Guard, IG-88, Bossk, Imp Commander
10. Hero
- Jedi/Sith
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It's summer 2016. After a break from modding to work on my career and my e-bike, I felt like modding again. Some updates to the mod this summer:
Battlefront Project Beta is out and the first trailer available. The Beta is in 3 parts and manual installation. There seems to be 2 main issues addressed...
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Required: Full Project Power (BFP) Version 2.0. Changes: +Free Radical BF3 Models: Storm trooper, Scout trooper, Han Solo, Durge, +Recovered Voice Over...
3 Maps in 1 Addon Folder. Kashyyyk Reloaded is Kashyyyk Docks and Kashyyyk Islands from Star Wars Battlefront 1 (SWBF1) with restored SWBF2 textures and...
This is a 2nd full-release Project-Power, this time with Zerted's Unofficial 1.3 Patch included. 501st Campaign with bonus Endor and Mos-Eisley missions...
Six classic Star Wars Battlefront I Maps combined into X-Large maps with flyers (for Star Wars Battlefront II). Bespin: Empire Strikes Back with the story...
This map has been hibernating on my hard drive waiting to be finished. I've found time to make a BETA release. As long as your computer system can handle...
This mod has been years in the making. Included is a Geonosis map featuring in-game clone customization and destroyable ships. This mod adds "BFP" eras...
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Your Geonosis map crashes every time I try to play it, a damn shame too.
This is the best Battlefront 2 mod i have seen, keep up the good work.
I really want to keep this mod, honestly, but when I go to Death Star and choose hero assault every time I choose a villain (I don't know about heroes because it crashed before I could try them) half the time it will crash. I say half the time because I reloaded the game after it crashed and it worked until I went back to the command post and pushed "e" then it crashed again. I have patches 1.1,1.2, and 1.3. Any suggestions would be immensely appreciated.
So this is basically Battlefront II: Remastered Edition?
Loving it.
If I download this while using the conversion pack mod will there be any issues?
Unless you hit the mission limit, no. This mod uses it's own eras to add everything.
Unfortunately, those eras aren't available on conversion maps. I wish they were.
Loving the mod but in the AOTC map, I cant see anything in front of me only up until in like 5 feet away from it. Is this intentional, a bug, or is there something that I have to fix?
Are your LOD settings low? With max settings (99) the entire map is visible.
How do you make Battlefront 2 spit out crash logs? For a while I've had some issues with modded Battlefront in general, but have never been able to fix them.
-Endor and Felucia CTD when looking all the way up. I don't *think* this is BFP in particular, but I'm not experienced in this.
-The huge Geonosis map included in this mod is generally unstable for me. It CTD's if loaded after a few other maps in a playlist. In-game, I can either go multiple rounds without a CTD or be unable to get through a few minutes for reasons unknown.
Only registered members can share their thoughts. So come on! Join the community today (totally free - or sign in with your social account on the right) and join in the conversation.
Highest Rated (2 agree) 9/10
First I want to go ahead and state that this is a pretty well done Era Mod. Now the first time downloading and trying this you will notice additional sides for all defualt SWBF2 maps. Positives: -New first person persepectives for the tuan tuan on hoth and speeder bikes. This makes for an exciting first person view, something I think is new and a great addition for those vehicles. -you get extra classes for both the clone wars era and Galatic civil war era. What I like about these classes is that…
Feb 22 2012 by TWINKEYRUNAWAY


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Tricker's MTO - Forum group buy - Page 70
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Looking at the photos I am very happy the way they turned out and I don't think Richard at Shoe Healer will have any problems selling the extra pairs he ordered.
I hope we can make another MTO Eaton on the 4444 last during 2014.
Will recive mine in a week or so. I' m also glad we went for the 4444 last. These will be my third pair of MTO Eaton's. The two other pairs are with a width 6 so I'am eager to try them on and see if they fit the way I hope they will :-)
Looking at the photos I am very happy the way they turned out and I don't think Richard at Shoe Healer will have any problems selling the extra pairs he ordered.
I hope we can make another MTO Eaton on the 4444 last during 2014.
I am ready for a new MTO guys.
Something burgundy in scotch grain leather?
Eaton or Stow?
I really like the make up of the first boot, but I am not fond of the color,
I would go with a Burgundy like the boot below.
However an Eaton boot in either of these colors would be phenomenal.
Edited by rainbowgrease - 1/8/14 at 10:13pm
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Will it be an Eaton boot on 4444 last?? tbh the more i see the pics, more appealing scotch grain becomes. Not sure if its cauz burgundy shoes are in black background. I have already got few cordovans in burgundy/color8, atm I am more in favor of scotch grain but will see how this thread develops.
I might be interested, but too many colours I would have thought. If it is a red Dainite sole would red lining and tabs be better?
yeah maybe orange lining and pull tabs for better contrast?
I was getting my inspiration from the boot below, as you can see the blue is quite nice.
This is a wicked make up, will be even better in burgundy with medallion brouging,
Found this, at http://www.fineandcountryfootwear.com/tricker-s-eaton-9-lace-holes.html , not bad but color appears to be more brown than burgundy. hopefully will look more elegant on 4444 with 7 brass eyelets, blue lining, blue or blue/red pull tab, natural welt, red/orange/brown sole.
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Small-scale gas turbines, known as Microturbines, represent an exciting new development in gas turbine technology. They can run in size from small, human-scale machines down to micro-sized mini-machines that can barely be seen by the naked eye. They also run a great diversity of fuel types, from various types of commercial gases to waste-generated gases. This new book by industry expert Claire Soares will fully describe the various types of microturbines, their applications, and their particular requirements for installation, maintenance and repair. It will explain how a microturbine the size of a refrigerator can power an entire school, hospital or small factory, which is particularly useful for onsite, remote installations. The book will also show how microturbines can be paired with one or more fuel cells to form a hybrid energy source, or can be teamed with any source of distributed power, such as a mall hydro-turbine or a wind turbine. Moreover, the reader will learn how microturbines can run on a variety of fuels that are far cruder than those required by most standard gas turbines; they can be made to run, for instance, using gas from a landfill or biomass source. The reader will find detailed information on costs, specifications, and maintenance and repair guidelines. Ample references and resources will provide the reader with tools for finding manufacturers and product specifications for their own particular needs. AmCovers major categories of microturbines, including factors common to their design, installation, operation, optimization, maintenance, and repair AmInvaluable guidance on market factors and economics affecting microturbines and their applications, particularly for distributed power generation AmProvides current case studies showing microturbines used in hybrid systems with fuel cells and other types of power generation systemsA conventional Honda Accord (old model, 135-horsepower engine) can get between 34 and 40 miles/gallon, depending on how the engine is tuned and run. A new Honda hybrid Accord claims about 40 miles/gallon. The reason? ... Gas turbines: a handbook of air, land, and sea applications. ... MA; and Claire Soaresa#39;s personal notes from ASME IGTI annual conference proceedings 1985 to 2003.
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|Butterworth-Heinemann - 2011-04-08


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APPEAL from the Circuit Court of Cook County; the Hon. THOMAS
J. O'BRIEN, Judge, presiding.
This appeal arises out of an amended third-party complaint filed by Jacob Shaw, defendant and third-party plaintiff, against Cigarette Service Company, Shaw's former employer and third-party defendant, to recover overtime compensation allegedly due Shaw as an employee. The amended complaint consisted of two counts. Count I was based on the terms of a collective bargaining agreement between the defendant and its employees. The second count was based on the Fair Labor Standards Act. Pursuant to Cigarette Service Company's motion, the trial court ordered that both counts of the amended third-party complaint be dismissed. Shaw now appeals only from that part of the order dismissing count I of the amended third-party complaint.
Shaw contends that the trial court erroneously dismissed count I of the amended complaint because it stated a cause of action and because there existed a question of fact which Shaw was entitled to have decided by jury in accord with his jury demand.
We reverse in part and remand.
Shaw alleged in relevant part in count I of his verified amended third-party complaint that from July of 1974 to November of 1975 he was employed by Cigarette Service Co. as a vending machine route serviceman at an hourly salary of $5.95 per hour through October 4, 1975, and $6.60 per hour through November 4, 1975; that during the entire period of defendant's employment, the terms of such employment were governed by a contract between Cigarette Service and the labor union of which defendant was a member; that a provision of the contract provides that "all work performed by hourly employees in excess of eight hours per day, or forty hours per week, shall be paid for at the rate of time and one-half the regular hourly rate"; and that defendant, with the exception of one week during the entire period of his employment, worked 60 hours per week. Count I of the amended third party complaint goes on to allege that Cigarette Service owes Shaw $12,017.50 in overtime pay.
Pursuant to section 48 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 48), Cigarette Service filed a motion to dismiss the third-party complaint. In its motion to dismiss, Cigarette Service alleged that Shaw was hired pursuant to article VIII of the agreement with Shaw's union and was a commission employee who was not entitled to overtime compensation. Attached to the motion was a copy of article VIII which provides in part:
"WAGES Effective November 14, 1971, the following commission rates shall be paid to servicemen who are paid on a commission rate basis instead of an hourly rate. Servicemen who were paid on a commission rate basis prior to October 1, 1969, shall continue to receive commission pay.
Servicemen who were paid on an hourly rate basis prior to October 1, 1969, shall have the option of choosing with agreement of Employer to be paid commission rather than the hourly rates provided that once a serviceman has chosen to be paid commissions he shall continue to be paid commissions and cannot revert back to hourly rate of pay, after sixty (60) days."
Also attached to the motion to dismiss was the affidavit of Stephen Bloom, the president of Cigarette Service. That affidavit states that during Shaw's period of employment with Cigarette Service, Shaw was employed as a commission employee pursuant to the labor contract and that Shaw's compensation, as well as that of all servicemen hired after October 1, 1969, was determined on a commission basis in accordance with article VIII of the contract.
Shaw filed a response to the motion to dismiss to which he attached his own affidavit. That affidavit states that during Shaw's period of employment with Cigarette Service he was employed as an hourly paid vending machine route serviceman; that during the entire time of that employment, Shaw, although not required, was permitted to sell merchandise on commission; that when he did sell merchandise, commissions became due him in addition to his hourly earnings; that when he did not sell merchandise, he was entitled to only his hourly salary; and that the statement in Stephen Bloom's affidavit that Shaw's entire salary was determined on a commission basis, was untrue.
The trial court, after considering the pleadings and above affidavits, dismissed the third-party complaint with prejudice. Shaw contends that the trial court erred in this ruling because count I of the third-party complaint stated a cause of action and there existed a genuine issue of fact which he was entitled to have decided by a jury.
The motion to dismiss the amended third-party complaint was made pursuant to subsection 1(i) of section 48. That subsection states:
"(1) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds. If the grounds do not appear on the face of the pleading attacked the motion shall be supported by affidavit:
(i) That the claim or demand asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim or demand." (Ill. Rev. Stat. 1977, ch. 110, par. 48(1) (i).)
The additional affirmative matter presented in the motion to dismiss was the union contract and the affidavit of Mr. Bloom.
In considering a motion to dismiss, the trial court must search the record and consider all relevant facts. If a material issue of fact is raised, the court will deny the motion. (Pennington v. Jones (1977), 46 Ill. App.3d 65, 360 N.E.2d 566.) Moreover, subsection 3 of section 48 states in relevant part:
"* * * If a material and genuine disputed question of fact is raised the court * * * shall so deny [the motion] if the action is one in which a party is entitled to a trial by jury and a jury demand has been filed by the opposite party in apt time." (Ill. Rev. Stat. 1977, ch. 110, par. 48(3).)
Shaw filed a timely jury demand and therefore if a material and genuine disputed question of fact was raised, the trial court erred in denying the motion.
In arguing that the trial court correctly dismissed the amended third-party complaint, Cigarette Service relies on the union contract. It argues that, as a matter of law, Shaw was not entitled to overtime compensation since he was a commission serviceman whose employment was controlled by article VIII of the union agreement. Cigarette Service points out that article VIII provides that servicemen who were paid on an hourly basis before October 1, 1969, have the option of choosing whether to continue to be paid on an hourly basis or to be paid on a commission basis and that once that serviceman chooses to be paid commission, he cannot revert back to hourly pay. Cigarette Service goes on to argue that servicemen hired after October 1, 1969, are not given this option and that all servicemen hired after October 1, 1969, are paid commissions according to the following arrangement: a weekly base wage plus commission on merchandise they sell, but if the base wage plus commission does not equal a certain weekly minimum, then they are paid the weekly minimum.
It is true, and Shaw so admits in his third-party complaint, that the terms of his employment were governed by the union contract. Moreover, article VIII of the union agreement mentions two categories of pay, commission and hourly. On its face, article VIII of the union contract creates no hybrid category of union employees who receive an hourly wage as well as commissions on merchandise they sell. However, on its face it does not specifically exclude such a category either. Moreover, the union contract does not specifically refer to employees hired after October 1, 1969. While we agree with Cigarette Service that in light of the fact that Shaw admitted that his employment was governed by the union contract, a sensible reading of the contract should include employees hired after October 1, 1969. We further agree that it is sensible to interpret the contract as creating only two categories of pay, hourly and commission. However, we cannot say, in light of the contradictory affidavits that Shaw was not an hourly employee who also received commissions. We believe, considering Shaw's affidavit and the fact that article VIII does not specifically mention employees hired after October 1, 1969, that based on the record before us a genuine and material issue of fact exists concerning Shaw's wages. We therefore reverse that part of the order of the trial court dismissing count I of the amended third-party complaint and remand the cause for proceedings consistent with this opinion.
Order reversed in part; cause remanded.
GOLDBERG, P.J., and O'CONNOR, J., concur.
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Description from the manager
Description from the manager
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Replacement ON/OFF switch with attached red and black wire for
Novak Speed Controls.
One Speed Control ON/OFF Switch with Pre-installed 6" Wire
One Novak Decal Sheet
Solder such as the Novak 6g Lead Free Solder (NOVR5831) or the
Novak 15g Lead Free Solder (NOVR5832), and Soldering Iron to
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Coconut Macaroons
|Egg whites
|1⁄8 Teaspoon
|Cream of tartar
|1⁄8 Teaspoon
|3⁄4 Cup (12 tbs)
|Vanilla extract
|1⁄2 Teaspoon
|Almond extract
|1⁄2 Teaspoon
|Flaked coconut
|3 1⁄2 Ounce (1 Can)
|Candied cherries
|2 Tablespoon
Beat egg whites until foamy.
Add salt and cream of tartar.
Beat until soft peaks form.
Gradually beat in sugar, 1 tablespoon at a time, beating until stiff and glossy.
Fold in extracts and coconut.
Tint pink or green if desired.
Drop from teaspoon onto foil-covered cookie sheet.
Put a cherry in the center of each.
Bake in preheated slow oven (300°F.) for about 20 minutes.
Makes about 30 macaroons.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 1377 Calories from Fat 537
% Daily Value*
Total Fat 64 g98.7%
Saturated Fat 56.8 g283.9%
Trans Fat 0 g
Cholesterol 0 mg
Sodium 383 mg16%
Total Carbohydrates 200 g66.7%
Dietary Fiber 16.2 g64.7%
Sugars 180 g
Protein 13 g26.3%
Vitamin A Vitamin C 2.5%
Calcium 3.2% Iron 18.8%
*Based on a 2000 Calorie diet


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Zipp 303 Clincher Rear Wheel - Campagnolo is no longer available at Merlin Cycles. However you may find an alternative or updated product below.
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morganExcellent wheelset. The 202's really are a great all round wheelset. I wasn't sure whether to trade my deep sections in for these but they seem just as fast on the flats, great in windy conditions and brilliant on the hills. I didn't know whether to believe the write ups about them but to be honest they are the best bike purchase I've made.
KevA good price at Merlin tempted me to take the plunge with some 202s. Glad I did as they look and ride great. Very nice wheels.
DrewThe 202s are an amazingly light, stiff and responsive all round wheel. VERY happy with these.
Mr BishopI only wish I'd have got them sooner. Yes they are expensive at the full RRP and not exactly cheap with the discount, but what a cracking set of wheels that are quality through and through. They get up to speed quickly and stay there. They do squeal under heavy braking, but this is a small niggle and one I'll happily put up with.
Will WhiteBought these wheels for my Cannondale Supersix Evo Hi Mod as an all round wheelset to replace Fulcrum Racing Zeros. Had to adjust brake cables and calipers but there is plenty of clearance on my frame. They look fantastic and, having only used on test ride, seem very stiff and comfortable, giving a smoother ride than the zeros. Will have to wait until summer to test fully but looking forward to aero qualities. There is some play in rear hub when unloaded, which is a little disconcerting, although I gather this is a design feature. Brakes very effective in dry but yet to test in wet conditions. Will most probably revert to Zeros for high mountain rides. These wheels are luxurious and expensive but if you have a good frame and components go for it.


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United States District Court, S.D. California
April 18, 2014
UNITED STATES OF AMERICA, Plaintiff,v.JAVIER MORALES-LANDA, Defendant
Page 1016
For Javier Morales-Landa, Defendant: Joseph S. Camden, LEAD ATTORNEY, Federal Defenders of San Diego, San Diego, CA.
For USA, Plaintiff: Anne Kristina Perry, LEAD ATTORNEY, U S Attorneys Office Southern District of California, Criminal Division, San Diego, CA.
Page 1017
BARRY TED MOSKOWITZ, Chief United States District Judge.
Defendant Javier Morales-Landa has filed a motion to dismiss the indictment. For the reasons set forth herein, the Court DENIES the motion.
Defendant Javier Morales-Landa (" Defendant" ) is a citizen of Mexico without legal status in the United States. On March 22, 2010, he was charged with attempted sexual abuse of a child in violation of Utah Code section 76-5-402.1. (Gov. Ex. 2.) On the same day, he pled guilty to attempted sexual abuse of a child, a felony in the third degree. (Gov. Ex. 3, Doc. 21-1). In his supporting statement, he admitted: " On 7/1/09 at 2547 Parkcrest Drive in Salt Lake County, I touched the breast of T.M. (a female younger than age 14) to arouse my sexual desire." (Id. at 3.)
On May 5, 2010, Defendant was served with a Notice of Intent to Issue a Final Administrative Removal Order, which included an allegation that his Utah conviction constituted an aggravated felony under 8 U.S.C. § 1101(a)(43)(A). (Def's Ex. D., Doc. 15-2.) Defendant acknowledged receipt of the Notice and did not contest the allegations therein. (Id.) The immigration officer accordingly concluded that he was convicted of an aggravated felony, and a final removal order issued the same day. (Def's Ex. E.) Defendant was removed to Mexico the next day.
On November 5, 2013, Defendant was arrested approximately 25 yards north of the Mexican border. On December 5, 2013, he was charged by information with Attempted-Re-Entry of a Removed Alien in violation of 8 U.S.C. § 1326. On January 22, 2014, he filed a motion to dismiss the information pursuant to 8 U.S.C. § 1326(d). Defendant contends that his removal was invalid because he was not really convicted of of an aggravated felony.[1] (Mot. at 5.) The Court held hearings on the motion on March 21 and April 11, 2014.
Page 1018
A. Collateral Attack Under 8 U.S.C. § 1326
" [A]ny alien who . . . has been . . . deported, or removed . . . and thereafter . . . enters, attempts to enter, or is at any time found in, the United States" absent express consent " shall be fined under Title 18, or imprisoned not more than 2 years, or both." 8 U.S.C. § 1326(a). An unlawfully present alien " whose removal was subsequent to a conviction for commission of an aggravated felony" is subject to a sentence of up to twenty years. Id. at § 1326(b)(2). Sexual abuse of a minor is an aggravated felony. Id. at 1101(a)(43)(A) An alien charged under § 1326 " may challenge the validity of the deportation order." Id. at § 1326(d). To advance such a " collateral attack," the defendant must demonstrate that (1) he exhausted all administrative remedies available to him to appeal his removal order; (2) the underlying removal proceedings improperly deprived him of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair. See, e.g., United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1048 (9th Cir. 2004). An underlying deportation order is " fundamentally unfair" if (1) the defendant's due process rights were violated by defects in his deportation proceeding, and (2) he suffered prejudice as a result. Id.
An alien may not collaterally attack an underlying removal order if he validly waived the right to appeal that order. United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir. 2000). However, the exhaustion requirement of 8 U.S.C. § 1326(d) " cannot bar collateral review of a deportation proceeding when the waiver of right to an administrative appeal did not comport with due process." United States v. Muro-Inclan, 249 F.3d 1180, 1183 (9th Cir. 2001).
Defendant argues that he is excused from the exhaustion requirement. Although he received a form asking whether he challenged his removal, Defendant contends that the form did not provide sufficient notice and opportunity to contest the legal conclusion that a prior conviction constitutes an aggravated felony. (Mot. at 3, 6.) See Valdiviez-Hernandez v. Holder, 731 F.3d 396, 2013 WL 6230973, *2 n.1 (5th Cir. 2013). As the government does not challenge Defendant's exhaustion argument, the Court treats it as excused.
B. The Categorical Approach
To determine whether a state conviction constitutes an aggravated felony, courts use the " categorical approach" set forth in Taylor v. United States, 495 U.S. 575, 598, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Under that approach, the Court looks only to the fact of conviction and the elements of the alleged predicate offense to determine whether it satisfies the definition of the qualifying federal offense (i.e., whether it is an aggravated felony). Taylor, 495 U.S. at 602. " [I]f the statute sweeps more broadly than the generic crime, a conviction under that law cannot count as an ACCA predicate [or an aggravated felony], even if the defendant actually committed the offense in its generic form." Descamps v. United States, 570 U.S., 133 S.Ct. 2276, 2283-2285, 186 L.Ed.2d 438 (2013). In other words, if the state statute lacks any element of the federal offense, the mismatch ends the inquiry because " a person convicted under that statute is never convicted of the generic crime." United States v. Gomez, 732 F.3d 971 (9th Cir. 2013). Assessing whether a state statute is " overbroad" relative to the federal definition ought not be an exercise in creativity. See Gonzales v. Duenas-Alvarez, 549 U.S. 183, 193, 127 S.Ct. 815, 166 L.Ed.2d
Page 1019
683, (2007) (" [T]o find that a state statute creates a crime outside the generic definition of a listed crime in a federal statute requires more than the application of legal imagination to a state statute's language. It requires a realistic probability, not a theoretical possibility, that the State would apply its statute to conduct that falls outside the generic definition of a crime." ); James v. United States, 550 U.S. 192, 208, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007) (" We do not view [the categorical approach] as requiring that every conceivable factual offense covered by a statute must necessarily present a serious potential risk of injury before the offense can be deemed a violent felony." ).
Sometimes the Court cannot determine, categorically, whether the crime of conviction constitutes an aggravated felony because the statute can be violated in multiple ways, not all of which would be aggravated felonies. That situation may arise if the state statute of conviction is " divisible," i.e., it sets forth " multiple, alternative versions of the crime," thereby " effectively creat[ing] several different crimes." Descamps, 570 U.S. at 2284-85 (citation omitted). In that case, the Court may use the " modified categorical approach," examining certain " approved documents" in the record to determine what form of the crime the defendant was convicted of.[4] Id. at 2284.
Defendant argues his conviction for attempted sexual abuse of a child in the third degree is not an aggravated felony under 8 U.S.C. § 1227(a)(2)(A)(iii). The Court finds that the modified categorical approach is properly applied in this case, and that Defendant's conviction was for an aggravated felony.
A. The Modified Categorical Approach Applies to the Utah Attempt Statute, Utah Code § 76-4-101
Where a defendant is convicted of an attempt crime, the sentencing court must determine " whether the defendant's conviction establishes that he committed the elements of the generic definition of 'attempt' and that the underlying offense he attempted meets the generic definition of that offense." United States v. Gonzalez-Monterroso, No. 12-10158, 745 F.3d 1237, 2014 WL 575952, *1 (9th Cir. 2014) (quoting United States v. Gomez-Hernandez, 680 F.3d 1171, 1175 (9th Cir. 2012)). The Utah attempt statute provides, in pertinent part:
(1) For purposes of this part, a person is guilty of an attempt to commit a crime if he: (a) engages in conduct constituting a substantial step toward commission of the crime; and (b) (i) intends to commit the crime; or (ii) when causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.
(2) For purposes of this part, conduct constitutes a substantial step if it strongly corroborates the actor's mental state as defined in Subsection (1)(b).
Utah Code § 76-4-101. Defendant does not dispute that sections (1)(a) and (b)(1) of the Utah attempt statute are identical to the federal generic definition of attempt. (Mot. at 11.) He nonetheless argues that the statute was overbroad at the time of his plea. (Mot. at 11-12.) More specifically, he argues that an intervening judicial
Page 1020
ruling temporarily rendered the Utah statute broader than the federal definition.[5]
Pointing to State v. Arave, 2009 UT App. 278, 220 P.3d 182 (Utah App. 2009), Defendant argues that because solicitation was, " for the space of a couple years straddling Mr. Morales' plea," within the ambit of the Utah attempt statute, his conviction is based on a statute that sweeps too broadly in comparison with its federal counterpart. (Mot. at 11.) In Arave, the trial court found that Mr. Arave's conduct amounted to not just solicitation, but a " substantial step" in furtherance of the crime (sodomy of a child). 220 P.3d at 185-86. Mr. Arave was thus convicted of attempted sodomy rather than solicitation. The intermediate appellate court affirmed. The Utah Supreme Court reversed, finding that Mr. Arave's conduct amounted to solicitation, and that mere solicitation is not a substantial step in furtherance of an attempt. State v. Arave, 2011 UT 84, 268 P.3d 163, 169-70 (Utah 2011).
Citing J.S v. P.K. (In re Adoption of I.K.), 2009 UT 70, 220 P.3d 464 (Utah 2009), Defendant argues that the 2009 Arave decision was in force at the time of his plea, operating as an ex post facto judicial expansion of the scope of Utah's attempt statute. See generally Carmell v. Texas, 529 U.S. 513, 120 S.Ct. 1620, 146 L.Ed.2d 577 (1999) (finding application of post-offense change in law reducing the quantum of evidence required for conviction to be an ex-post facto clause violation). Thus, Defendant argues, this case is like United States v. Gonzales-Monterroso, 745 F.3d 1237, 2014 WL 575952 (9th Cir. Feb. 14, 2014), where the Ninth Circuit ruled that a Delaware attempt statute was broader than generic federal attempt because its definition of a " substantial step" encompasses mere preparations. The federal generic definition, by contrast, requires a finding that an act was " of such substantiality that, unless frustrated, the crime would have occurred." United States v. Saavedra-Velazquez, 578 F.3d 1103, 1107 (9th Cir. 2009).
There are a few holes in Defendant's argument. First, he provides no basis for his assumption that the law at the time of conviction is controlling. By focusing on the time that the plea was entered, he ignores the fact that the substantive law at the time of the offense typically governs, even in Utah. See, e.g., United States v. Sher, 421 F.2d 784, 786 (9th Cir. 1970) (applying the National Firearms Act " as it read at the time of the offense" ); State v. Lafferty, 2001 UT 19, 20 P.3d 342, 373 (Utah 2001) (upholding death sentence applying law, including the insanity defense, as it existed at the time of the offense). The state of the law at the time of the plea or conviction is thus irrelevant to the question of whether the conduct alleged was proscribed by a particular statute.
Defendant's argument implies that the immigration officers should review state court rulings sua sponte to ensure that the scope of the state statute has not been expanded. As Defendant points to no case
Page 1021
where the law changed after the offense but before the conviction, as he alleges it did here, the Court rejects his argument as baseless.[6] See generally McNeill v. United States, U.S., 131 S.Ct. 2218, 2223, 180 L.Ed.2d 35 (2011) (" This natural reading of [the Armed Career Criminal Act] also avoids the absurd results that would follow from consulting current state law to define a previous offense." ) (citing United States v. Wilson, 503 U.S. 329, 334, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992) (" [A]bsurd results are to be avoided" )); United States v. Turkette, 452 U.S. 576, 580, 101 S.Ct. 2524, 69 L.Ed.2d 246 (U.S. 1981). Because the September 2009 ruling in Arave came after Defendant's July 2009 offense, it is irrelevant. Moreover, there is no indication that the scope of the statute under Arave was an issue at any point in this case. Additionally, Defendant misconstrues both of the opinions he relies upon. The full passage from In re I.K. reveals that Defendant overstates the temporary precedential effect of one intermediate appellate decision:
When a case is granted certiorari review, it remains unresolved until the higher court takes final action. This is not to say that lower courts do not have the obligation to follow an intermediate appellate decision until it is reviewed. Indeed, " [w]hen the court of appeals renders a decision on an issue, that decision is automatically part of the law of this state, unless and until contravened by this court, the legislature, or the people through the processes authorized for the making of new law." Grand County v. Rogers, 2002 UT 25, P 16, 44 P.3d 734. Thus, a lower court is not free to act in opposition to a court of appeals decision simply because the decision is under review by a higher court. See, e.g., Lakeside Cmty. Hosp. v. Tahoe Reg'l Planning Agency, 461 F.Supp. 1150, 1153 (D. Nev. 1978) (" [T]his Court is duty bound to follow the law as articulated by the Court of Appeals for this Circuit. That a writ of certiorari has issued from the United States Supreme Court to the Court of Appeals does not relieve this Court of that duty." (internal citation omitted)). However, once the certiorari review is complete and a decision is announced by the higher court, that new decision becomes the law in that case, replacing the decision announced by the intermediate court to the extent it reverses, vacates, or otherwise modifies it. The new ruling also has retroactive effect. Thus, the decision of the court of appeals in Helen G. I, though binding on lower courts at the time it was announced, represented an intermediate step in a case that was not yet final. Now that certiorari review is complete, the decision of the supreme court in Helen G. II
Page 1022
constitutes the binding rule of law.
In re I.K., 220 P.3d at 469 (emphasis added). See also Rivers v. Roadway Express, Inc.,
511 U.S. 298, 312-13, 114 S.Ct. 1510, 128 L.Ed.2d 274 (1994) (" A judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision of the case giving rise to that construction." ); Id. n.12 (" [W]hen this Court construes a statute, it is explaining its understanding of what the statute has meant continuously since the date when it became law." ) Defendant asks the Court to ignore the retroactive effect of the Utah Supreme Court ruling in Arave reversing the expansive interpretation of " substantial step." Indeed, although neither precedent existed at the time of the removal proceedings, Defendant asks the Court to ignore the Utah Supreme Court decision on one hand while applying Descamps retroactively on the other. The Court declines to do so.
Finally, in his reply memorandum, Defendant relies upon the recent decision in Gonzales-Monterroso, to argue that the Utah attempt statute is indivisible and overbroad. In Gonzales-Monterroso, the Ninth Circuit held that a subsection of the Delaware attempt statute was indivisible and overbroad. F.3d, 2014 WL 575952. The ruling was based on Delaware's statutory definition of " substantial step," not upon an intervening judicial interpretation of the statute. As Defendant concedes, the attempt statute sub judice is coextensive with the federal generic definition. (See Mot. at 11.) The Court accordingly finds that the inchoate offense of conviction to be coextensive with federal generic attempt, and turns to the statute defining the underlying offense.
B. Sexual Abuse of a Child in the Third Degree Under Utah Code § 76-5-404.1 Is Not Categorically An Aggravated Felony
Utah Code § 76-5-404.1, sexual abuse of a child, provides in pertinent part:
(1) As used in this section, " child" means a person under the age of 14.
(2) A person commits sexual abuse of a child if, under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, or an attempt to commit any of these offenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a female child, or otherwise takes indecent liberties with a child, or causes a child to take indecent liberties with the actor or another with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant.
In United States v. Tafoya-Montelongo, the Ninth Circuit held that a § 76-5-404.1 violation is not categorically an aggravated felony because the statute encompasses a broader range of conduct than the federal generic definition.[7] 659 F.3d 738, 743 (9th Cir. 2011). See also State v. Bishop, 753 P.2d 439
Page 1023
(Utah 1988) (" indecent liberty" need not include some touching of or by the victim). However, the Court also held that the modified categorical approach may be applied to determine whether a conviction under § 76-5-404.1 constitutes the generic federal offense of sexual abuse of a minor. Tafoya-Montelongo, 659 F.3d at 744. Descamps does not change this since the statute, which sets forth multiple forms of proscribed conduct in the disjunctive, is plainly divisible. The Court therefore turns to the modified categorical approach to determine whether the proper record documents reveal whether the Defendant has an aggravated felony conviction.
C. Defendant Was Convicted of an Aggravated Felony
Applying the modified categorical approach and looking at Defendant's plea agreement, it is clear that he pled guilty to a crime within the scope of the federal definition of attempted sexual abuse of a minor. It is undisputed that the statute protects a minor and that the victim was under age 14. In the supporting statement accompanying his plea, Defendant admitted: " On 7/1/09 at 2547 Parkcrest Drive in Salt Lake County, I touched the breast of T.M. (a female younger than age 14) to arouse my sexual desire." (Id. at 3.; Doc. 15-2.) This plainly satisfies the federal definition, as it constitutes sexual conduct, which, as mentioned supra, is per se abuse where the victim is under fourteen. Lopez-Solis, 447 F.3d at 1209.
For the reasons stated, the Court finds that Defendant's conviction for attempted sexual abuse in the third degree is a conviction for an aggravated felony. The order of removal was therefore correct in that conclusion. Because he has demonstrated no due process violation with respect to his removal, Defendant's collateral attack fails. Accordingly, the Defendant's Motion to Dismiss the Information is DENIED.
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We shouldn't?
cracked me up!!!
lol whats with this "warning"??
i think they meant safe for children?? cuz i think they give it to babies
lol where did u find this?
looool 3shan alyhal ma uz3jonk 😛
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