text:
Signs of Drug Use ► Acknowledged851-899 S 17th St Philadelphia, PA 19146, USANumerous Syringes are found between houses and on sidewalk. It is believed that Intravenous drug use occurs in this area. This is not only a Quality of Life issue but a Health and Safety issue. Requesting additional Police Patrols, as this area is just across the street from a School.· Reported by Sullivan · Share · Flag Flagged
- Acknowledged by: Philly 311
Acknowledged Philly311 (Verified Official)Ticket #930679. Reported to Health Department for follow-up. (mb)
Graffiti ► Open1800 Webster Street Philadelphia, PA 19146, USA· Reported by Sary31 · Share · Flag Flagged
Trash/supply carts on sidewalk ► Open2300 South Street Philadelphia, PAThe Dollar General on the corner of 23rd and South leaves their supply carts and trash along 23rd street leaving little room to walk by. There is always trash accumulation and currently is covered in leaves. It is a mess!· Reported by Wishing for a clean neighborhood · Share · Flag Flagged
Dangerous Traffic Island at Bainbridge and Grays Ferry ► Open2300-2398 Bainbridge Street (Traffic Triangle) Philadelphia, PAThis traffic island is becoming more and more dangerous to traverse. Broken concrete, left-over asphalt from various road projects in the area, weeds and trash.· Reported by Dangerous Traffic Island at Bainbridge and Grays Ferry · Share · Flag Flagged
Graffiti Everywhere ► Open1800 Catharine Philadelphia, PASE Corner. NW Corner. Trash Cans. The entire wall along the pool between 17th&18th along the north side of Catharine. WTF is going on over here?· Reported by Anonymous · Share · Flag Flagged
Grafitti and illegal building at Construction Supply Co ► Open1500 Carpenter Philadelphia, PAConstruction supply company (facing Washington Ave) has built a roof over much of its back parking lot and has put up corrugated metal inside the chain link fence. The metal is covered in graffiti, the sidewalk is in horrible shape, the roof and other construction is un-permitted. Why does this continue to go on here??? You could write thousands of dollars in violations each week . . . DO IT!· Reported by ghoho · Share · Flag Flagged
PGW debris left for weeks ► Open1535 Christian St Philadelphia, PA 19146, USAPGW repaired pipes over a month ago and has left the debris and traffic sign on sidewalk since at 1532 Christian.· Reported by Mark Scott · Share · Flag Flagged
missing crosswalk ► Acknowledged2633 Christian St Philadelphia, PA 19146, USAThe crosswalk is worn away. Combined with difficult to see stop signs, this intersection does not properly alert drivers they need to stop. Most do not and speed through the intersection. Traffic accidents are frequent due to cars turning off of Taney Street pulling in front of non-stopping traffic on Christian Street.· Reported by Charlie · Share · Flag Flagged
- Acknowledged by: Philly 311
Acknowledged Philly311 (Verified Official)Acknowledged By (spt). Ticket #785290 has been forwarded to Phila. Streets Dept. for action.
Enormous ditch caused by property renovation ► Open1544 Christian St Philadelphia, PA 19146, USALocated on the south east corner of Christian St. & 16t, affecting traffic going east. I have personally witnessed this causing a NASTY BICYCLE ACCIDENT. This ditch is very recenty created, located directly in front of very recent demolition/renovation of a private property. and direcly underneath very huge, heavy duty a where crane/truck vehicles where parked.· Reported by Your friendly neighborhood Skyman · Share · Flag Flagged
Concerned Neighbor (Guest)Please fix this ASAP. I'm all for new construction to better the neighborhood but this ditch is huge & I'm sure it's caused damage to some unsuspecting driver late at night. The PPA should also pay them a visit during the day because they park huge pick up trucks and other work trucks on the corner blocking the cross way and making it hard to turn onto Christian St from 16th you also have to walk out into the street in order to get by. There is a elementary school in the very next block so there are tons of children that have to maneuver around this construction site. PLEASE HELP
Parking Violations ► Open748 S. 16th St. Philadelphia, PA
Cars with NJ plates and PA plates without proper zone 1 parking permits park on this block longer than the allotted 2 hours.
Zone 1 parking signs state 2 hr parking from 8am-10pm Sun-Sat.
PPA needs to enforce at these hours, especially after 4 pm and on weekends!· Reported by LocalResident · Share · Flag Flagged


text:
Crispy Baked Garlic Tofu. Tofu is baked until golden and crispy and then tossed in a Chinese-style garlicky sauce.
52 Brilliant Ways to Spice up Boring Tofu #healthy #tofu #recipes http://greatist.com/health/healthy-tofu-recipes
How to make tofu bacon - this stuff is SO good! Smoky, spicy, sticky, sweet... and it's easy to make too! Perfect served in a classic BLT sandwich :) PLUS it's vegan and gluten-free!
Honey Sriracha Tofu Added warmed Broccoli at the end with a sauce. I think you could add other veggies but might want to add more sauce. I would cut the fry oil in half or drain it at the end.
Peanut Tofu Buddha Bowl! A healthy lunch or dinner, perfect for the New Year! Brown rice, the BEST tofu, vegetables, roasted broccoli in a simple peanut sauce. Vegan and Gluten-Free. | www.delishknowledge.com
Sweet and Sour Tofu - This sweet and sour tofu recipe is a quick and tasty dinner option that's much better than takeout – and is ready in just 20 minutes! Recipe, vegetarian, tofu, Chinese | pickledplum.com
Quinoa Crusted Tofu Nuggets (Tofu Chicken Nuggets!) #tofunuggets
This is your #5 Top Pin in the Vegan Community Board in March: How to Cook Crispy, Delicious Tofu: A Step by Step Tutorial - 313 re-pins!!! (You voted with yor re-pins). Congratulations @connoisseurus ! Vegan Community Board http://www.pinterest.com/heid
One bite into these Hawaiian BBQ Tofu Bowls will have you dreaming of white sandy beaches. Quinoa and vegetables provide the perfect base for juicy pineapple and tangy tofu! More

subset: commoncrawl


text:
Talat Khwan holiday rentals
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Sala (traditional Thai house) in the old town area. The Sala location, right in the center of the old city, makes it a home base for discovery Chiang Mai, with minute access to ... read more
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Our B&B is only 5 minutes walk to the old city of Chiang Mai, located in a safe and quiet neighbourhood. It was recently renovated in 2015. The room is fully furnished in contem... read more
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Nice, Cozy but stylish fully furnished 31 sq.m. room in brand new Condo located at the heart of Chiangmai's chic Nimmanhemin area. There are 17 alleys in Nimmanhemin road, the ... read more
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Grass roof wooden house on the pond surrounded by rice fields. Enjoy with us the lifestyle of a rice farm. Be a farmer or just sit back and enjoy! Either way, we'd love you to s... read more
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Dcondo campus resort in Doi Sutep Area Room on the sixth floor of the condominium close to Chiang Mai University. The condominium in Chiang Mai town where you can explore good ... read more
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Lovely condo, fully furnished, conveniently located 10 minutes from the city. The condo is right next to a big shopping mall, with free shuttle services into the Old City and ot... read more
$33 AUD New Condo, very close to the Old Town, 靠近古城的温馨公寓
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This brand-new 1-BR condo is very close to the Old Town (8 minutes walking to the Suandok Gate). You can walk to many restaurants, bars. Room is about 35 sqm., with balcony, loc... read more
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We're near old Chiang mai old city, Quiet, clean and safety. read more
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United States District Court, M.D. Pennsylvania
February 10, 2005.
Before the court is Defendant's Motion for Bail Pending Appeal
(Doc. 772). In the motion, Defendant offers five issues that he
asserts justify his release from incarceration during appeal
under 18 U.S.C. § 3143(b)(1). The court recently granted
Defendant's motion in part. (See Doc. 784.) Specifically, the
court concluded that its decision to rule the United States
Sentencing Guidelines (the "Guidelines") unconstitutional as
applied to this case in light of Blakely v. Washington,
124 S. Ct. 2531 (2004) presented a substantial question of law that
could have resulted in a significant modification of Defendant's
sentence. The court stayed Defendant's sentence until the Supreme
Court issued its anticipated decision regarding Blakely's
impact on the Guidelines and deferred ruling on the remaining
four issues in Defendant's motion.
On January 12, 2005, the Supreme Court rendered an opinion in
United States v. Booker, 125 S. Ct. 738 (2005), which addressed
the effect of Blakely on the Guidelines. The court ordered
briefing on Booker's impact on Defendant's Motion
Page 2
for Bail Pending Appeal. These issues have now been briefed, and
the matter is ripe for disposition.
Upon consideration of the parties' arguments, the court
concludes, for the reasons set forth below, that in light of the
Supreme Court's ruling in Booker, the court's handling of
Blakely as it applied to this case no longer presents a
substantial question of law that could result in a significant
modification of Defendant's sentence. Additionally, the court
finds that Defendant's four remaining arguments do not justify a
release from incarceration pending appeal. Thus, as explained in
further detail below, the court will deny Defendant's motion.
I. Background
The background of the instant motion is well-known to the
parties and will not be reiterated in detail. The relevant facts
are as follows. On June 21, 2002, Defendant was indicted on 36
counts for various offenses including conspiracy, false
statements, and obstruction of justice. Defendant, along with a
co-defendant, Martin Grass, filed a pretrial motion to suppress
evidence of tape-recorded conversations he had with an undercover
government informant. Defendant argued that the Assistant United
States Attorney, Mr. Kim Daniel, obtained the recorded
conversations in violation of Rules 4.2 and 8.4(a) of the
Pennsylvania Rules of Professional Conduct. These rules, known as
the "no-contact" provisions, prevent an attorney from
communicating with a party who is represented by another
attorney. In 1998, the McDade Amendment made federal prosecutors
accountable to such state laws. See 28 U.S.C. § 530B. The court
denied Defendant's motion on the ground that Mr. Daniel's conduct
did not violate Pennsylvania's "no-contact" rules. The court
Page 3
concluded that Mr. Daniel's actions fell within an exception to
such rules in that they were "authorized by law." See United
States v. Grass, 239 F. Supp. 2d 535, 542 (M.D. Pa. 2003).
Additionally, the court concluded that even if Mr. Daniel had
violated the "no-contact" rules, suppression of the tapes was not
an appropriate remedy. Id. at 539.
Defendant stood trial alone in September 2003 on eleven
counts.*fn1 On October 17, 2003, a jury returned a special
verdict form convicting Defendant on ten counts, Counts 1, 10,
12-15, and 33-36. Following trial, Defendant filed motions for
judgment of acquittal and for a new trial. One of Defendant's
arguments for a new trial was that the court improperly
instructed the jury on the elements of aiding and abetting with
respect to Counts 10 and 12-15. Although the court conceded that
the aiding and abetting instruction was erroneous, the court
concluded that a new trial was not warranted. United States v.
Brown, No. 1:CR-02-146-02, slip op. at 33-34 (M.D. Pa. May 6,
2004). The court found that Defendant had not objected to the
wording of the instruction in question; therefore, the court
employed a plain error, as opposed to a harmless error, standard.
Id. at 39. Under this standard, the court determined that the
plain error that occurred was not prejudicial to the outcome of
the trial because the jury's special findings independently
supported Defendant's guilt under a Pinkerton theory of
liability. Id. at 45. Thus, the court denied Defendant's motion
for a new trial on this issue.
Following the court's disposition of Defendant's post-trial
motions, Defendant filed a supplemental post-trial motion seeking
examination of taperecorded evidence that was used at Defendant's
trial to determine whether the
Page 4
Government tampered with the tapes. Defendant had hired three
experts who detected anomalies with copies of the tapes and
therefore believed that an analysis of the original tapes was
warranted. The court rejected Defendant's arguments for three
reasons. First, during Defendant's trial, defense counsel
retained a forensic audio specialist who examined copies of three
of the original tapes and decided not to pursue the matter.
United States v. Brown, No. 1:CR-02-146-02, slip op. at 2 (M.D.
Pa. Aug. 16, 2004). Second, Defendant was unable to provide any
suggestion that the allegedly tampered portions were played to
the jury. Id. at 3. Finally, because Defendant's experts had
discovered anomalies on their copies that did not exist in
previous copies, the court concluded that the anomalies were the
product of copying error. Id. at 3. Thus, the court denied
Defendant's supplemental post-trial motion.
Before Defendant's sentencing, the court issued a memorandum
and order resolving the objections to Defendant's presentence
report. In that memorandum, the court concluded that the
Guidelines were unconstitutional as applied to this case in light
of the Supreme Court's decision in Blakely. United States v.
Brown, No. 1:CR-02-146-02, slip op. at 2 (M.D. Pa. Aug. 17,
2004). Therefore, the court used a discretionary scheme to
sentence Defendant, but relied on the Guidelines as "a measuring
point to evaluate the seriousness of the offenses as well as the
particular role that Defendant played in the commission of those
offenses." Id. at 3. In resolving Defendant's objections to the
presentence report, the court found that Defendant's Guidelines
sentence would have fallen within the range of 121 to 151 months.
Id. at 15.
In so deciding, the court considered whether Defendant's
sentence should be reduced due to his advanced age and physical
condition. The court
Page 5
weighed testimony from experts presented by both parties and
concluded that the Bureau of Prisons could provide appropriate
medical care for a person of Defendant's age and medical
condition. Id. at 14-15. Defendant also argued for a departure
in consideration of his charitable and civic contributions. The
court, however, denied Defendant's request, reasoning that
Defendant's civic contributions, while laudatory, were not
extraordinary for a person of Defendant's significant financial
resources. Id. at 14. At Defendant's sentencing, the court
again considered these arguments as well as an argument that
Defendant was vulnerable to abuse in prison. (See Tr. of Oct.
14, 2004 Sentencing, Afternoon Session at 2-3.) Defendant was
unable to persuade the court that a departure on these grounds
was justified. (Id.)
On October 14, 2004, Defendant was sentenced to 120 months
imprisonment. Defendant's voluntary surrender date was set for
December 13, 2004. The instant motion was filed in the interim,
and as stated above, the court granted the motion in part on
December 6, 2004. The court stayed Defendant's sentence until the
Supreme Court issued its then-impending decision regarding the
impact of Blakely. The Supreme Court rendered an opinion in
United States v. Booker, 125 S. Ct. 738 (2005) on January 12,
2005. The next day the court ordered briefing on Booker's
effect on the instant proceedings. This issue, along with the
other issues originally presented in Defendant's Motion for Bail
Pending Appeal, are now ripe for disposition.
II. Legal Standard: Release Pending Appeal
Page 6
A motion for release pending appeal is governed by
18 U.S.C. § 3143(b)(1).*fn2 In United States v. Miller, 753 F.2d 19
(3d Cir. 1985), the Third Circuit laid out the relevant
legislative principles that led to the enactment of § 3143(b)(1).
Section 3143(b)(1) came to fruition through the Bail Reform Act
of 1984. Miller, 753 F.2d at 22. This act modified the standard
for bail pending appeal because "Congress wished to reverse the
presumption in favor of bail that had been established under the
prior statute, the Bail Reform Act of 1966." Id. The Third
Circuit cited the following as among the reasons that Congress
disapproved of the prior standard:
[O]nce a person has been convicted and sentenced to
jail, there is absolutely no reason for the law to
favor release
Page 7
pending appeal or even permit it in the absence of
exceptional circumstances. . . . [T]he conviction, in
which the defendant's guilt of a crime has been
established beyond a reasonable doubt, is presumably
correct in law, a presumption factually supported by
the low rate of reversal of criminal convictions in
the Federal system.
Id. (internal quotation omitted). Thus, Congress created §
3143(b)(1) to establish a "more stringent rule for bail pending
appeal," but not "to deny bail entirely to persons who appeal
their convictions." Id.
In order to fall within the "exceptional circumstances" that
warrant bail pending appeal, the Miller court held that a
defendant has the burden of proving: (1) that he is not likely to
flee or pose a danger to the safety of any other person or the
community if released; (2) that the appeal is not for purposes of
delay; (3) that the appeal raises a substantial question of law
or fact; and (4) that if the substantial question is determined
favorably to him on appeal, that decision is likely to result in
reversal, an order for a new trial, a sentence that does not
include a term of imprisonment, or a reduced sentence to a term
of imprisonment less than the total of the time already served
plus the expected duration of the appeal. Id. at 24.
With respect to the third element, a question raised on appeal
is "substantial" if it is significant and "one which is either
novel, which has not been decided by controlling precedent, or
which is fairly doubtful." Id. at 23. Subsequent to Miller,
the Third Circuit concluded that a question without controlling
precedent may not necessarily be significant because the issue
may be clearly lacking merit. United States v. Smith,
793 F.2d 85, 89 (3d Cir. 1986). Therefore, the court clarified its
definition of "substantial," declaring that the significance of
an issue should be judged by whether it is "debatable among
jurists of reason; that a court could resolve the issues [in a
different manner]; or that the questions are adequate to deserve
Page 8
encouragement to proceed further." Id. (internal quotation
omitted) (alterations in original). In adopting the "fairly
debatable" approach, the Third Circuit rejected the "close
question" analysis adopted in other circuits. Id. at 90. Under
that analysis, a substantial question was a "`close' question or
one that very well could be decided the other way." Id.
(internal quotation omitted).*fn3
As for the fourth element, the phrase "likely to result in
reversal or an order for a new trial" does not require courts to
"predict the probability of reversal." Miller, 753 F.2d at 23.
This language refers to the "significance of the substantial
Page 9
issue to the ultimate disposition of the appeal." Id. Thus, the
fourth element is met only in cases where "the question is so
integral to the merits of the conviction on which defendant is to
be imprisoned that a contrary appellate holding is likely to
require reversal of the conviction or a new trial." Id.
III. Discussion
Defendant asserts that the first two elements of the Miller
test are satisfied in this case. Additionally, Defendant argues
that the following issues are substantial questions that are
likely to result in a substantial modification of his sentence:
(1) the court's handling of Blakely as it applied to
Defendant's sentencing in light of the requirements of Booker;
(2) the court's denial of Defendant's request for downward
departure based on health, age, and vulnerability to abuse in
prison; (3) the court's denial of Defendant's motion to suppress
under the McDade Amendment; (4) the court's resolution of the
issue regarding the jury instruction on aiding and abetting that
was presented in Defendant's post-trial motion for a new trial;
and (5) the court's denial of Defendant's supplemental post-trial
motion for examination of the tapes used at Defendant's trial.
At the outset, the court finds, as stated in its December 6,
2004 memorandum, that Defendant is not likely to flee or pose a
danger to the community and that Defendant's appeal is not
brought for purposes of delay. The court will address Defendant's
remaining arguments in turn.
A. The Court's Handling of Blakely
In Blakely v. Washington, 124 S. Ct. 2531, 2538 (2004), the
Supreme Court held that a Washington state sentencing scheme
offended the Sixth
Page 10
Amendment because it deprived the defendant of his constitutional
right to a jury determination. In Blakely, the Supreme Court
ruled that
the "statutory maximum" for Apprendi purposes is
the maximum sentence a judge may impose solely on
the basis of facts reflected in the jury verdict or
admitted by the defendant. In other words, the
relevant "statutory maximum" is not the maximum
sentence a judge may impose after finding additional
facts, but the maximum he may impose without any
additional findings.
In United States v. Booker, 125 S. Ct. 738, 746 (2005), the
Supreme Court held that Blakely applied to the Guidelines and
that the Guidelines violated the Sixth Amendment because they
required judges to find facts that enhanced a defendant's
sentence beyond what could be imposed based solely on the jury's
verdict. To remedy the constitutional defect in the Guidelines, a
different majority of the Court severed the two provisions of the
Sentencing Reform Act that made the Guidelines
mandatory.*fn4 Id. at 756-57. This modification rendered
the Guidelines
Page 11
"effectively advisory" and allowed sentencing judges "to tailor
the sentence in light of other statutory concerns as well, see §
3553(a)." Id. at 757, 764-65. The Court, however, noted that
"district courts, while not bound to apply the Guidelines, must
consult those Guidelines and take them into account when
sentencing." Id. at 767.*fn5
In light of Booker's holding, the court concludes that its
handling of the Blakely issues in this case is no longer a
substantial question that would likely require a reversal of
Defendant's sentence or a new trial. Defendant's sentence
reflects the two major tenets of Booker. The court acknowledged
the potential violation of Defendant's Sixth Amendment rights and
remedied the violation by imposing a discretionary sentence that
considered the Guidelines as well as other factors.
Defendant argues that the court's decision regarding the impact
of Blakely did not fully satisfy the requirements of Booker.
Specifically, Defendant contends that reasonable jurists could
debate whether the court gave the appropriate weight to the
Guidelines. Further, Defendant asserts that the court's alleged
failure to consider all of the factors under 18 U.S.C. § 3553(a)
will likely result in a reversal of Defendant's sentence. The
court rejects these arguments.
First, the court explicitly stated that it relied on the
Guidelines as "a measuring point," United States v. Brown, No.
1:CR-02-146-02, slip op. at 3 (M.D.
Page 12
Pa. Aug. 17, 2004); therefore, the court clearly implemented the
Guidelines in an "advisory" capacity. Defendant argues that the
court's use of the Guidelines was "`advisory' in name only."
(Def.'s Post-Booker Mem. at 5.) In so arguing, Defendant seems
to intimate that the court erred by only considering the
Guidelines. However, the assertion that the court only considered
the Guidelines is flatly wrong. After the court resolved the
Guidelines issues in its August 17, 2004 memorandum and order,
the court allowed Defendant to submit further argument in a
sentencing memorandum and to present additional character
witnesses and oral argument at a hearing on October 14,
2004.*fn6 (See Docs. 756, 763, 769.) The court had already
ruled on Defendant's arguments in the Guidelines context, and yet
it considered Defendant's additional arguments and ruled on those
arguments in open court. (See Tr. of Oct. 14, 2004 Sentencing,
Afternoon Session at 2-3.) In allowing the presentation of a
"second round" of sentencing considerations, no reasonable jurist
could debate that the court utilized the Guidelines in an
"advisory" capacity in conjunction with the consideration of
other factors.
For similar reasons, the court rejects Defendant's contention
that the court's alleged failure to consider the factors under §
3553(a) will likely result in reversal. Section 3553(a) directs a
sentencing court to consider, among other things, the nature and
circumstances of the offense, the history and characteristics of
the defendant, and the need to provide the defendant with medical
care. See 18 U.S.C. § 3553(a)(1) (a)(2). Additionally, in the
so-called "parsimony" provision, the sentencing court must
"impose a sentence sufficient, but not greater than necessary,
Page 13
to comply with the purposes [of § 3553(a)(2)]."
18 U.S.C. § 3553(a). In Booker, the Supreme Court contemplated that
sentencing courts would consider these factors in addition to the
Guidelines. See Booker, 125 S. Ct. at 764-65. Recently, the
Fourth Circuit, "the first court of appeals to speak
authoritatively [on the issue]," (Def.'s Post-Booker Reply Mem.
at 2), further defined the relationship between the Guidelines
and the § 3553(a) factors. See United States v. Hughes, No.
03-4172, 2005 WL 147059, at *3 (4th Cir. Jan. 24, 2005). In
Hughes, the Fourth Circuit held that sentencing courts must
first calculate the Guidelines range and then consider "other
relevant factors set forth in the guidelines and those factors
set forth in § 3553(a)." Id.
As established above, the court followed the Hughes formula
in sentencing Defendant. The court first established Defendant's
sentencing range under the Guidelines and then conducted a "§
3553(a)-like" analysis. After the court ruled on the Guidelines
issues, the court considered Defendant's medical situation and
good deeds as well as the amount of the loss and whether
Defendant could be characterized as an accessory after-the-fact.
(See Tr. of Oct. 14, 2004 Sentencing, Afternoon Session at
2-3.) The court even weighed a non-Guidelines factor,
vulnerability to abuse. (Id. at 2 ll.5-13.) As for whether
Defendant's sentence was parsimonious, the court imposed a
sentence that was one month below the low end of the Guidelines.
See United States v. Wilson, No. 2:03-CR-00882-PGC, 2005 WL
78522, at *11 (D. Utah Jan, 13, 2005) (noting that a sentence at
the low end of the Guidelines is generally considered
parsimonious). In short, the Defendant's sentence
Page 14
reflected the essential requirements of Booker and is not
"likely" to be reversed for this reason.*fn7
Defendant also argues that his sentence will be reversed
because the court failed to satisfy the requirements of §
3553(c). This provision requires the court, "at the time of
sentencing, [to] state in open court the reasons for its
imposition of the particular sentence" and if the sentence is
outside the Guidelines range, to state the reasons for doing so
"with specificity in the written order of judgment and
commitment." 18 U.S.C. § 3553(c), (c)(2) (Supp. 2004). Despite
Defendant's assertions to the contrary, the court fulfilled the
first requirement. At the time of sentencing, the court
incorporated the reasons from its August 17, 2004 memorandum and
order and resolved Defendant's additional arguments in open
court. (See Tr. of Oct. 14, 2004 Sentencing, Afternoon Session
at 2-3.) As for the second requirement, the court concedes that
it did not provide the reasons for departing one month outside of
the Guidelines range in the order of judgment and commitment.
However, given the uncertain circumstances of the post-Blakely
and pre-Booker period, it hardly seems likely that Defendant's
sentence would be reversed for failing to provide a reason for a
one-month departure from the Guidelines. Thus, the court
concludes that Defendant's arguments regarding § 3553(c) do not
warrant his release pending appeal. In sum, the court's handling
Page 15
Blakely's impact on Defendant's sentence does not raise a
substantial question that is likely to result in reversal of his
B. The Court's Analysis on Age, Health, and Vulnerability
Defendant contends that the court's refusal to grant his
request for a downward departure based on age, health, and
vulnerability to abuse in prison presents a substantial question
on appeal. Defendant argues that reasonable jurists could debate
whether these departures were warranted under a Guidelines
Consideration of a defendant's age and physical condition are
"not ordinarily relevant in determining whether a sentence should
be outside the applicable guideline range." U.S. Sentencing
Guideline Manual §§ 5H1.1, 5H1.4 (1998).*fn8 Further,
downward departures for extraordinary physical impairment are
rarely granted. See United States v. Iannone, 184 F.3d 214, 228
n. 10 (3d Cir. 1999) (listing physical condition as a discouraged
basis for departure). Likewise, a departure from the Guidelines
based on vulnerability to abuse in prison is reserved for
extraordinary cases.*fn9 See United States v. Cefalo,
45 Fed. Appx. 111, 112-13 (3d Cir. 2002).
In weighing these legal principles, the court concluded that
Defendant's age, physical condition, and vulnerability to abuse
in prison were not "extraordinary." First, the court was
persuaded by the testimony of Barbara Cadogan, the Bureau of
Prisons Health System Administrator. Ms. Cadogan testified that
the Bureau of Prisons treated many inmates with conditions
similar to Defendant and that over 600 inmates were older than 70
years of age. Second, the court found that Defendant
Page 16
was unable to present adequate evidence that he would be
susceptible to abuse in prison, especially considering his
potential placement in a medical facility.*fn10 (See Tr.
of Oct. 14, 2004 Sentencing, Afternoon Session at 2 ll.5-13.)
In light of the evidence before the court and the governing legal
standards for departures for age, health, and vulnerability to
abuse, reasonable jurists would not debate the court's denial of
Defendant's request for a downward departure on these grounds.
C. The McDade Amendment
Defendant argues that reasonable jurists could debate the
court's denial of his motion to suppress tape-recorded
conversations he had with an undercover government informant
under the McDade Amendment. Defendant asserts that the central
issues in Defendant's motion to suppress raise substantial
questions because the interpretation of the McDade Amendment has
never been addressed by the Third Circuit. Further, Defendant
contends that jurists of reason could debate the court's
conclusion that even if Mr. Daniel had violated the "no-contact"
rules, suppression of the tapes was not an appropriate remedy.
For the following reasons, the court finds Defendant's arguments
First, the court's conclusion that Mr. Daniel's conduct was
permissible under the Pennsylvania Rules of Professional Conduct
is not "fairly debatable." The court based its conclusion in
large part on the Third Circuit's decision in United States v.
Balter, 91 F.3d 427 (3d Cir. 1996). In Balter, the Third
Circuit examined a
Page 17
New Jersey "no-contact" provision that contained virtually
identical language to Pennsylvania's statute and held that
"pre-indictment investigation by prosecutors is precisely the
type of contact exempted from the Rule as `authorized by law.'"
Id. at 436. The court's reliance on this language in Balter
was bolstered by the fact that several other circuits had held
that "no-contact" rules did not prevent non-custodial
pre-indictment communications by undercover agents with
represented parties during a legitimate criminal investigation.
See United States v. Grass, 239 F. Supp. 2d 535, 541 (M.D. Pa.
2003) (citing to cases decided in the Eighth, Tenth, and District
of Columbia circuits). The only circuit to stray from this
well-established principle was the Second Circuit in United
States v. Hammad, 858 F.2d 834 (2d Cir. 1988). In Hammad, the
Second Circuit concluded that "no-contact" rules could be
violated in egregious cases, such as the use of a counterfeit
grand jury subpoena. Id. at 840. However, absent gross
misconduct, the "use of informants by government prosecutors in a
pre-indictment, non-custodial situation . . . will generally fall
within the `authorized by law' exception." Id. Because conduct
as egregious as using fake court documents was not found to have
occurred in this case, reasonable jurists would agree that the
court's decision fell well within solid legal footing.*fn11
Defendant correctly points out that Balter was decided before
the enactment of the McDade Amendment and that the Third Circuit
has not interpreted the statute in a case presenting similar
issues as those in Defendant's motion to
Page 18
suppress. Cf. United States v. Whitakker, 268 F.3d 185 (3d Cir.
2001). However, a lack of controlling precedent does not
necessarily make an issue substantial. United States v. Smith,
793 F.2d 85, 89 (3d Cir. 1986). Additionally, the court noted in
its decision that the McDade Amendment did not "amend the
well-established contours" of Pennsylvania's "no-contact" rules.
Grass, 239 F. Supp. 2d at 544. In other words, because "the
McDade Amendment's lone function was to make state rules of
professional responsibility applicable to the conduct of
Government attorneys," id., and did not change the substance of
those rules, Balter and the circuit decisions supporting it
apply with equal force following enactment of the statute. Id.
at 541 n. 5. Thus, Balter's formidable legal support for the
court's decision on Defendant's motion to suppress remains in
place even though the Third Circuit has not taken up the
interpretation of the McDade Amendment.
Defendant also argues that reasonable jurists could debate the
court's reasoning that even if Mr. Daniel had violated the
"no-contact" rule, suppression of the tapes was an inappropriate
remedy. In so deciding, the court concluded that suppression
would not remedy the alleged violation of Defendant's rights.
Grass, 239 F. Supp. 2d at 547. Defendant cites to United
States v. Bowman, 277 F. Supp. 2d 1239 (N.D. Ala.), vacated on
other grounds by 2003 U.S. Dist. LEXIS 24817 (N.D. Ala. 2003) as
support for his argument. The Northern District of Alabama's
decision in Bowman, however, is inapposite. In Bowman, the
court suppressed recorded statements because the statements were
procured after the initiation of adversarial proceedings. Id.
at 1243. Because the defendant's Sixth Amendment rights were so
clearly violated, suppression was warranted. Id. at 1244. The
Bowman court even weighed this court's decision in Grass and
found it inapplicable.
Page 19
Id. at 1243. Thus, the Bowman decision could not create doubt
in a reasonable jurist's mind that suppression was an
inappropriate remedy in Defendant's case. Regardless, even if the
court's conclusion was "fairly debatable," that conclusion was
made in the alternative. As established above, the court's
finding that Mr. Daniel did not violate Pennsylvania's
"no-contact" provisions is firmly rooted in the law, and the
court's denial of Defendant's motion to suppress could have stood
on that ground alone. In short, Defendant has not met his burden
of establishing that the court's decision to deny his motion to
suppress is a substantial question.
D. The Aiding and Abetting Instruction
Defendant contends that the court's resolution of Defendant's
motion for a new trial with respect to the jury instruction on
aiding and abetting is "fairly debatable" for two reasons. First,
jurists could debate whether defense counsel's objection to the
instruction was sufficient to avoid plain error review. Second,
jurists could dispute the court's conclusion that the error in
question did not affect Defendant's substantial rights. The court
will address each argument in turn.
In order to determine whether an alleged error is reviewed
under a plain error or harmless error standard, the court must
determine whether the defendant objected to the challenged
decision. See United States v. Retos, 25 F.3d 1220, 1228 (3d
Cir. 1994) (noting that the failure to object to a jury
instruction at trial is reviewed under a plain error standard).
The court's May 6, 2004 memorandum and order discusses ad
nauseam its reasons for concluding that Defendant's counsel at
trial failed to raise an adequate objection to the aiding and
abetting jury instruction. The gravamen of the court's reasoning
was that while defense counsel objected to giving any aiding
and abetting instruction, he did not make a specific objection to
Page 20
wording of the instruction. Federal Rule of Criminal Procedure
30(d) clearly contemplates that objections to jury instructions
will be "specific." See also United States v. Castro,
776 F.2d 1118, 1129 (3d Cir. 1985) ("The specificity requirement is not
mere formalism. Without a specific objection, the trial judge is
not apprised adequately of the disputed matter and of the need to
take corrective action to avoid a new trial.").
Defendant argues that the Third Circuit's opinion in United
States v. McCulligan, 256 F.3d 97 (3d Cir. 2001) would lead a
reasonable jurist to debate the court's reasoning. In
McCulligan, the defense counsel did not mention the exact legal
principle that supported his objection, but argued the general
terms that should have triggered the trial court to address his
concern. Id. at 100-01. Any reasonable jurist would agree,
however, that McCulligan is distinguishable from the instant
matter. In the case at hand, the focus of defense counsel's
objection was that the Indictment did not support an aiding and
abetting charge. Nothing that was presented to the court could be
construed as a signal that the wording of the jury instruction
was erroneous. Thus, reasonable jurists could not debate that a
plain error analysis was warranted.
As to Defendant's assertion that reasonable jurists could
debate the court's analysis on whether the error affected
Defendant's substantial rights, the court finds that Defendant's
arguments are without merit. The court reasoned that the error in
question was not prejudicial to Defendant because the jury's
findings on the special verdict form for the affected counts,
Counts 10 and 12-15, demonstrate an independent basis for guilt
based on a Pinkerton theory of liability. Defendant argues that
under United States v. Murphy, 323 F.3d 102 (3d Cir. 2003), the
Page 21
improperly relied on an alternative theory of liability. The
court addressed this argument in its May 6, 2004 memorandum and
distinguished that case on the ground that it involved a general
verdict form. Because the jury completed a special verdict form
at Defendant's trial, the court was able to determine the basis
for Defendant's guilt under Pinkerton apart from an aiding and
abetting theory. Defendant contends that the findings in the
special verdict form are insufficient to satisfy the Pinkerton
standard. The court, however, traced the findings in the special
verdict to the elements of Pinkerton in its memorandum and
order of May 6, 2004. See United States v. Brown, No.
1:CR-02-146-02, slip op. at 44-49 (M.D. Pa. May 6, 2004) (citing
to specific paragraphs of the verdict form that establish
Pinkerton liability). Thus, the assertion that the court's
reasoning regarding the effect of the aiding and abetting jury
instruction error on Defendant's rights is not "fairly
E. Examination of the Tapes Used at Trial
Finally, Defendant asserts that reasonable jurists would
dispute the court's decision to deny Defendant's supplemental
post-trial motion seeking examination of tape-recorded evidence
used at his trial. Defendant brought this motion after he had
obtained new counsel. In order to determine if the tapes had been
tampered with, Defendant had hired three experts who reported
that anomalies existed in copies of the tapes. The court rejected
Defendant's request to inspect the tapes because the tapes had
already been inspected during the trial and defense counsel did
not raise the issue at that time. Further, there was no
suggestion that the allegedly tampered portions were presented to
the jury. Thus, reasonable jurists could not dispute the court's
decision to deny Defendant's supplemental post-trial motion.
Page 22
Defendant argues that his experts produced firm evidence of
tampering; however, his experts analyzed third generation
copies that contained errors that were not even found in previous
copies. Defendant also argues that the court's order on this
issue deprived him of the ability to determine whether his rights
had been violated under Brady due process principles.
Defendant, however, did not raise this issue with the court until
nine months after the trial. Regardless, the above considerations
weighed by the court demonstrate that further inspection of the
tapes was not warranted. Because Defendant failed to produce any
solid basis for inspecting the tapes, the court's decision to
deny Defendant's supplemental post-trial motion is not "fairly
In sum, the court concludes that none of the issues raised by
Defendant are substantial issues that are likely to result in
reversal or a new trial. In other words, Defendant is unable to
rebut the presumption in favor of denying bail on appeal. See
United States v. Miller, 753 F.2d 19, 22-23 (3d Cir. 1985).
Because Defendant has not met the elements under
18 U.S.C. § 3143(b)(1), his release during appeal would "destroy? whatever
deterrent effect remains in the criminal law." Id. at 22
(internal quotation omitted).
IV. Conclusion
In accordance with the foregoing discussion, the court will
deny Defendant's Motion for Bail Pending Appeal. An appropriate
order will issue.
Page 23
In accordance with the accompanying memorandum of law, IT IS
1) Defendant's Motion for Bail Pending Appeal (Doc. 772) is
2) The stay of Defendant's sentence is LIFTED.
3) The court's order regarding voluntary surrender (Doc. 771)
is amended to reflect that Defendant shall surrender himself to
the Attorney General no later than 1:00 p.m. on Tuesday February
22, 2005 by reporting to the Minimum Security Prison Camp located
at the Federal Correctional Institution at Schuylkill in
Minersville, Pennsylvania.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
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Footnotes (if any) include details of the court's decision.
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text:
Mexican Fudge
Total Time
Prep 20 mins
Cook 30 mins
From a old Texas Power and Light 1981 calendar. They included recipes with each month. This sounded good for the holiday season.
Ingredients Nutrition
- 1 lb cheddar cheese, grated
- 3 eggs, beaten
- 1⁄2 cup green taco sauce
- Spread half the cheese in an 11" x 7" baking dish.
- Combine eggs with green sauce and spread over cheese in baking dish.
- Add remaining cheese.
- Bake at 350 degrees for 30 minutes.
- Cut into 1" squares and serve hot on tortilla chips or alone.


text:
Mick is excellent I am so happy my tax invoice was sent to my email address with details on how to pay so easy and convenient
Jervo Renovations was a great choice! Not only were they professional, they were very helpful for first time renovators. It is always good to know that you have builders that can help you with any questions or concerns, and the guys at Jervo have the knowledge and experience to..
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text: This here is the official contract for the match with Seabs vs Gohan vs Dat Kid vs Aids vs Spot vs Perfect. This contract can not be ripped obviously because it is not on paper, it's a digital copy. Spoiler (Move your mouse to the spoiler area to reveal the content) Show Spoiler Hide Spoiler 5 steps ahead of you Gohan We'll need the signature of of the following people: @"•÷[ ?r??an?ca ]÷•" -Chairman of the Board @Seabs - WWE Champion @"Respect Gohan6425" - Holder of a rematch clause @"Respect Goku6425" - #1 Contender @"Champ Johnson" - #2 Contender @Stopspot - Royal Rumble winner @"Senhor Perfect" - Intercontinental Champion To sign just tag yourself in this thread, if you don't sign you won't be able to participate in this Sunday's main event because you'll be a liability to the company.


text:
Motorola RAZR Developer Edition Coming To Europe With Unlocked Bootloader
Motorola Droid RAZR has the tendency to become a series already, although not officially… We already have the Droid RAZR MAXX model, that brings a better battery, the Droid 4, that some see as a relative to the RAZR with keyboard and finally a newcomer, the RAZR Developer Edition. This one is meant for devs and brings an unlocked bootloader as extra.
It's expected in Europe first and USA after, although we have no exact launch time frame. The info about the upcoming version of the RAZR came up in a recent official blog post, that detailed a fully unlockable version of the handset, meant for European countries. The announcement didn't include a launch date, but it did include a pre-order page that right now doesn't work. Imagine the joy of installing CyanogenMod 9 on the handset and having fun with Android 4.0 Ice Cream Sandwich ahead of the real update.
Motorola already got close to developers in USA through the MOTODEV idea, the company's developer network. Well, I guess the preorder page might be up by now, so be sure to check out the source link below during various times of the day. I'm willing to bet that the number of units is limited here and that not everyone can purchase the Developer Edition. Hopefully all companies will start offering such helping hands to devs, in the future, or at least Android phone makers. Sony already has an online bootloader unlock tool for starters…


text:
Luxury new development set in the hills of the Nueva Andalucía Golf Valley Azahar de Marbella residential complex has unequalled panoramic views over the sea and golf courses. Within minutes of the complex you will find some of the coasts most prestigious golf courses, including Real Club Las Brisas, Los Naranjos, La Quinta Golf & Country Club and Aloha Golf Club.
Costa del Sol News
News about the Costa del Sol, or Costa del Golf, as it's often referred to – Noticias sobre la Costa del Sol, o la Costa del Golf, como se le denomina a menudo.
(Español) Obra Nueva: 20 viviendas a un paso de la playa – Edif. Italia en Benalmádena Costa. Comienzo de obras: a finales de mayo 2016
(Español) Edificio Italia está situado en la zona de Benalmádena Costa, una zona privilegiada cerca de todo tipo de comercios y a 5 minutos andando a la playa. A solo 15 min. del aeropuerto Málaga, 5 min. Estación tren cercanías, 20 Min de Málaga Capital.
Home Owners in ANDALUCIA: How to register your property for tourist rentals…
Owners who rent out their Andalusian homes to tourists now have less than three months to register with the local authorities or face stiff fines. After posting an article regarding this matter back in February together with the tremendous response that it received, we have decided to publish the information below supplied to us by
LPG SPAIN Goes Walkabout at SIMED 2015
LPG SPAIN (Leading Property Group Spain) visited the Mediterranean Real Estate Exhibition (SIMED) in Malaga on October 23, 2015, offering its various products to estate agents, developers and financial institutions who were present at the event, providing the opportunity to analyse the reactivation that is currently taking place in the real estate sector, whilst offering
New Construction Project and Investment Opportunity for sale in Nerja
ADVERTORIAL Great opportunity to acquire a ready-to-go building project with all planning permissions at a great price! CURRENT STATUS: An existing detached villa of 140 m2 built on plot of approx. 500 m2, located in one of the best residential areas of Nerja, on the Costa del Sol, just 500 meters from the Burriana beach
20 Luxury properties, villas & mansions for Sale in Spain
They say that the top end of the market is less affected by the crisis and real estate cycles. So find below a selection of some stunning luxury villas, houses, penthouses and mansions from different parts of Spain, starting from 1,000,000 Euros – Upwards. We've selected properties from the north, south, east and west as
Spain – A Top Cruise Line Destination in Europe
Spain is the second most important destination for cruise holidays in Europe, second only to Italy. Spanish cruise ports received nearly 6 million passengers last year, a level that the port authorities are keen to maintain, and improve. Port charges have been reduced with the intention of making it more attractive for cruise lines. Facilities


text:
Untold Stories of Video Game Remasters – the Good, Bad, and Ugly
In today's video, we discuss something subjective – are video game remasters good or bad? And...
The same Reddit user (rTwGNaywaoaLh) that leaked gestures and various loyalty programs earlier today has also leaked the consumable and wall-buys in the Call of Duty: Infinite Warfare zombies mode, which was revealed last week to be taking place in an amusement park and feature various well-known comedy actors.
According to the coding involved, we'll have a variety of different consumables that will be coming to help you survive against the hordes of undead that will be coming to steal your giblets.
Consumables include an invisibility powerup, a powerup that gives you bonus damage on your gun's last bullet, a silly one that makes confetti come out of headshots (not unlike the Grunt Birthday Party skull from Halo), getting reloads on headshots, causing explosions on headshots, and more.
The Wall-Buys in the Infinite Warfare zombies mode are the same as the other zombie Call of Duty modes, mainly weapons that you can buy on the walls of the map for varying amounts of points. Some of these weapons include the AR-57, the G-18, an axe, a gun called the Devastator, a revolver, a sawed-off shotgun, a "Facemelter", a "Headcutter", your fists, and a Shredder.
With all of these new guns and various power-ups, Infinity Ward's own variation on the Call of Duty zombies tradition might get up with Sledgehammer and Treyarch in terms of inventiveness, especially since the studio's last Call of Duty minigame, the Extinction mode of Call of Duty Ghosts, got somewhat middling reception for not being zombies, though it was more creative.
Either way we'll likely be able to see all of the nutty fun that we can have in the Infinite Warfare zombies mode, with all of the weapons and powerups leaked here, when Call of Duty: Infinite Warfare releases this November on Xbox One, Playstation 4, and PC.


text:
Auto Trading Results 10/30/2015
The last week of the current trading week turned out to be quite successful for traders, who used our ATB platform, as we got 89 percent trading result today. All the trades were currency pair trades, including BITCOIN/EUR, EUR/USD, AUD/JPY, and USD/JPY. Our robots efficiently analyzed the market, which provided us with 8 winning trades, out of a total of 9 trades. The outcome was between $168 and $265.55 on the trade size that ranged between $100 and $143.54 respectively. All in all, the whole week turned out to be a quite a success despite the uncertainty that was observed in a market during the week.


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Solar panels installation
Found: 8 products← Back to category "Design and construction work in power supply sector"
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Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
How to create task with Assigned to via incoming email ?
Byon 12/31/13, 7:11 AM • 664 views
I would like to create task automatically from incoming email(setting incoming email server).
And also in email CC email address is is for assigner person. so when new task created assigner will automatically selected.
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Having unwanted fat in numerous locations of your body can have a substantial influence on your health and self-esteem. While conventional weight-loss through workout and diet plan is a great method to lose weight overall, even the very best workouts can't target issue locations like the stomach, inner thighs, arms, and buttocks. Liposuction is a time checked treatment that is utilized to remove excess fat from particular areas of the body, permitting an individual to shape and contour their body to their taste. Is liposuction right for you? Learn now.
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text:
Arena Thursday 4 April 2013
coming up on Friday's show....suggestions for Christmas gifts for the culture-lover in your life, actor Stephen Brennan and director David Blake Knox talk Beckett, Godot and the documentary "The Waiting Game" and the latest albums from The Rolling Stones, John Legend and The Weeknd
coming up on Monday's show....exploring the links between writing and music, a review of "Life and Death on the New York Dance Floor, 1980-1983" by Tim Lawrence and the movement of people, history and communication across continents all explored in Emily Jacir's "Europa" exhibition at IMMA
Daily arts and popular culture show.
Sorcha Kenny and Shaun Dunne review this week's film releases 'Springbreakers', 'Dark Skies' and 'A Late Quartet' with Evelyn O'Rourke.
'Oliver Reed: Wild Thing' opens at the Pavilion Theatre in Dun Laoghaire on the 24th of April and then tours the country until the 25th of May. For venues and dates go to www.olliereedtheplay.co.uk. Actor/Co-writer Rob Crouch and Oliver Reed's son Mark join Evelyn O'Rourke.
Nuala Ní Chonchúir reviews 'Binocular Vision', a collection of short stories by Edith Pearlman with Evelyn O'Rourke. The Publishers are Pushkin Press.
Drama On One's 'What Is Life?' season of science plays begins this Sunday April 7th at 8pm on RTÉ Radio 1 with "What next for Hedy Lamarr", Written and Directed by Joe O'Byrne. For more details go to www.rte.ie\dramaonone. Joe O'Byrne and Ruth Barton, Author of 'Hedy Lamarr: The most beautiful woman in film', join Evelyn O'Rourke.
All this week RTE have been screening documentaries and films on Ireland's history in Hollywood. Clip of 'Hell's Kitchen to Hollywood' presented by John Kelly which screens on RTE 1 at 10.15pm on Thursday April 4th.
Email: email@example.com
Twitter: @RTEArena
Text: 51551
Presenter: Seán Rocks


text:
4156 7th Street NE, Columbia Heights MN, 55421
Sold Price:
3 beds , 2 Full/1 Qtr baths
1,738 sqft
Status: Sold
Listing Provided Courtesy Of: RE/MAX Results
Real Living 1st MSP Realty
Last Updated: 12/4/2016 2:07 AM
Description for 4156 7th Street NE Columbia Heights, MN 55421
Exceptionally well maintained home. Maintenance free exterior, new furnace, 2+ bathrooms, beautiful natural wood work w/6 panel doors, newer windows, fenced yard, 24x24 garage, wood floors, formal DR, eat in kitchen! Must see!
Sold Price:
Sold Date:12/18/2015
2 Full/1 Qtr
1,738 (approx)
Exceptionally well maintained home. Maintenance free exterior, new furnace, 2+ bathrooms, beautiful natural wood work w/6 panel doors, newer windows, fenced yard, 24x24 garage, wood floors, formal DR, eat in kitchen! Must see!
Listing Information
1,738 Sq. Ft. (approx)
City Water - Connected
City Sewer - Connected
School Information
Room Information
Lower Level
Separate/Formal Dining Room, Eat In Kitchen
Main Floor Full Bath, Upper Level Full Bath, Basement
Interior Features
1,444 Sq. Ft. Above Ground ,294 Sq. Ft. Below Ground
Range, Exhaust Fan/Hood, Dishwasher, Refrigerator, Washer, Dryer
Window Air Conditioning
Gas Heat, Forced Air
Full, Partial Finished, Concrete Block
Natural Woodwork, Kitchen Window, Washer/Dryer Hookup
Exterior / Lot Features
2 Garage Spaces, Detached Garage, Driveway - Concrete, Garage Door Opener
Metal, Vinyl
Asphalt, Age Over 8 Years
Chain Link
Road Frontage- City, Paved Streets, Curbs, Sidewalks. Corner Lot, Tree Coverage - Light, City Bus (w/in 6 blks)
Community Features
Bus Line
Driving Directions
University Ave NE to 42nd Ave NE, East to 7th St. Home on right.
Financial Considerations
FHA, DVA, Conventional, Adj. Rate/Gr Payment, Cash
Columbia Heights Real Estate
Columbia Heights is located in Minnesota. Columbia Heights, Minnesota 55421 has a population of 19,549.
The median household income in Columbia Heights, Minnesota 55421 is $50,041. The median household income for the surrounding county is $69,916 compared to the national median of $53,046. The median age of people living in Columbia Heights 55421 is 36.3 years.
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The Biography
Robson 2014
Paperback 349pp Illustrated
9781849546959   Product Code: 22076
Maeve Binchy (1939-2012) was one of Ireland's best-loved novelists, whose sympathetic but unflinchingly honest portrayal of small-town life won the loyalty of millions of readers. This bestselling biography offers a privileged insight into her life, against the backdrop of her favourite character: Ireland. It charts Binchy's progress from girlhood in Dalkey to international acclaim, and reveals how she came to question the narrow dogma that surrounded her and find her own path to success.


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Grey Wolf Wallpaper
Grey Wolf Wallpaper with 1600×900 pixel
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If there is your copyrighted work on our site and you want it removed please contact us.


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Winter Sale
A great source of information for any marketers, mobile enthusiasts or business minds who are interested in learning more about the world of mobile and SMS. Take a stroll through hundreds of inspired, interesting and helpful articles, infographics and videos full of insightful gems – enjoy and share!
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To enable developers to integrate SMS into their applications in minutes, Text Marketer has created a new 'plug-n-play' class. Choosing a REST based architecture for our SMS API services as proved...Read More
This is the latest in our blog series, taking a critical look at consumer text response campaigns. The idea is to mark them on how they perform on a series...Read More
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We want to provide the best possible bulk SMS tools at the lowest possible price. It's a simple ambition. To add some credibility to the project, we published our...Read More
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First Choice Software and Text Marketer today announced a partnership, opening up a...Read More


text: So i just installed the "piano" app from installer and i had a thought. i have been recently playing around with programs such as acoustica mixcraft and fruity loops and i thought it would be awsome if somebody designed an app to make beats on the ipod. it wouldnt necessarily need to be loops but something similar to garageband and those programs. what do u guys think?


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Click on image to zoom
Holley Performance OE Muscle Car Carburetor 0-4235
4 bbl - 770 cfm - Model 4160 - Vacuum Secondary - Gas - Single Fuel Inlet - 1.688 in. Throttle Bore - OE 2946263 - Right Hand Carb - Gold Dichromate Finish
Pricing: $652.95
Holley Performance - OE Muscle Car Carburetor P/N 0-4235 Features:
- Gold Dichromate Finish For Corrosion Resistance w/Classic Look
- Replacement Chrysler Engines Using Cross Ram Intake Manifold
- No Choke Just Like The Original
- Vacuum Secondaries For Use On Wide Variety Of Vehicles
- Original List Number Stamped With Current Date Code
- Original Factory Right Side Linkage
- 100 Percent Wet Flow Tested By Holley Technicians
- Arrives Ready To Run
- Compensates For All Vehicle Weights Gearing & Transmissions
Holley products have been the undisputed leader in fuel systems for over 100 years. Holley carburetors power every NASCAR Sprint Cup team and every NHRA Pro–Stock champion. Holley's products include performance fuel pumps, fuel injection, intake manifolds, cylinder heads & engine dress–up products for street performance, race and marine applications. As a single solution, or partnered with products from other Holley companies, Hooker Headers, Flowtech Headers, NOS, Weiand, or Earl's, Holley products can give you the edge you need over the competition.
- 0-4235
- 0-4235
- 090127102886
- Holley Performance
- New
Shipping Information
- Item Requires Shipping
- 11.5 lbs.
- W11.0000" x H7.5000" x L12.2500"
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- We don't just want your business today. We want to EARN your business for LIFE!
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November 15 2016 - Equipment
Stemco's Lunar line of air disc brakes are designed to meet original equipment manufacturer stopping distance standards from the National Highway Safety Traffic Administration.
Tags: Brakes, Stemco, Air Disc Brake
November 15 2016 - Product News
TMW Systems has introduced a cloud-based electronic document exchange and transaction platform called TMW Cashlink, which is available for transportation businesses that utilize TMWSuite software.
Tags: Petroleum, TMW Systems, Document Management, Electronic Payments, Oil Fleets
November 15 2016 - Products
MyLumper is an electronic payment platform for the transportation industry that facilitates lumper fee payment instantly and securely, available in web- and smartphone-based applications.
Tags: Drivers, Shippers, Electronic Payments, MyLumper
November 11 2016 - Industry News
Purkeys Fleet Electric's 5th Wheel Light illuminates the jaws so a driver can see that they've secured the trailer's king pin.
Tags: Vehicle Safety, Fifth Wheels, Purkey's Fleet Electric
November 10 2016 - Equipment
Called ZeroTouch, the motorized system unfolds the fairing panels when the vehicle reaches 35 mph.
Tags: Fuel Efficiency, Stemco, TrailerTail
November 9 2016 - Products
Aljex Software has released a new accounts payable solutions made specifically for the transportation industry.
Tags: Fleet Management Software, Aljex Software, Accounting
November 8 2016 - Products
Carrier Transicold's DataLink 2 recorder uses up to three independent temperature sensors, providing an added layer of verification beyond the refrigeration system's built-in recording ability in a refrigerated trailer.
Tags: Reefers, Carrier Transicold, Refrigerated Trailers
Clore Automotive's Jump-N-Carry booster cables are designed to work with commercial vehicles and equipment and work in extreme temperatures.
Tags: Jumpstarter, Clore Automotive, Battery
November 7 2016 - Products
Phillips Industries is offering a new brighter LED Dome Lamp for commercial trailers that is available with or without motion sensors.
Tags: Trailers, LED Lighting, Phillips Industries
TRP has expanded its lubricant product offering to include a full line of lubricants for all makes of trucks and buses.
Tags: Engine Oil, Lubricants, TRP
November 4 2016 - Equipment
Dorsey Trailer has introduced the Aluminum Giant all-aluminum platform trailer series, designed for weight savings and increased payload capacity.
Tags: Trailers, Aluminum, Lightweighting, Flatbed Trailers
November 4 2016 - Product News
Omnitracs is offering two new telematics solutions, Omnitracs Roadnet Telematics and Omnitracs XRS, expanding the types of fleets that can benefit from real-time asset tracking and data-based visibility.
Tags: telematics, Omnitracs, Small Fleets, Short-Haul
November 3 2016 - Industry News
Output from the Clinton, Miss.plant will eventually supplement existing truck tire production from Continental's Mt. Vernon, Ill. facility, which is now at capacity of 3.2 million tires per year. Construction will formally begin in 2018, with the first tires coming off the line in late 2019.
Tags: Continental Tires, Truck Tires
November 3 2016 - Products
Delphi Products & Service Solutions' MaxStart HD is a Group 31 battery designed to meet the needs of heavy-duty commercial vehicles.
Tags: Batteries, Delphi
November 3 2016 - Product News
Noregon's recently released TripVision vehicle health monitoring solution for heavy-duty trucks has been made available on the Geotab Marketplace.
Tags: telematics, Geotab, Noregon Systems, Vocational Trucks, Vehicle Monitoring
November 2 2016 - Product News
Telogis is adding a number of extensions to its Telogis Mobile Resource Management software platform designed to optimize and automate processes.
Tags: MRM, Telogis, Telogis Latitude
Startup company XYpper is joining the increasingly crowded "Uber for trucking" online freight-matching field, officially launching its new app and web-based system for carriers and shippers.
Tags: Freight, Brokers, Load Board, Freight Uberization, XYpper
Peterbilt is adding the Bendix Wingman Advanced collision mitigation technology to its medium-duty Model 337 and 348 trucks.
Tags: Peterbilt, Medium-Duty Trucks, Bendix, Collision Mitigation
November 1 2016 - Industry News
The separation of Alcoa Inc. into two distinct standalone companies– Alcoa Corp. and Arconic Inc.—took effect on Nov.1.
Tags: Alcoa, Arconic
November 1 2016 - Products
Grote has announced the addition of a 4x6 LED high and low beam headlight to its Forward Lighting product line.
Tags: Grote, Headlights, LED Lighting
RoadPro's Trucker Tough Gear Rack System is an in-vehicle mounting solution for mobile devices such as cell phones, tablets and GPS systems.
Tags: GPS, Mobile Devices, Vehicle Mount
October 31 2016 - Industry News
Eaton recently launched IntelliConnect, a suite of connected solutions designed to improve uptime and efficiency. The initial module in the suite provides near real-time monitoring of vehicle fault codes.
Tags: telematics, Eaton, Transmissions, Remote Diagnostics
October 31 2016 - Product News
PurePower Technologies is expanding production of its turbocharger product lineup, including turbochargers for light-, medium- and heavy-duty truck engines.
Tags: Remanufactured Parts, Turbochargers, PurePower Technologies
October 28 2016 - Industry News
BlackBerry Limited, a global software provider, announced its end-to-end asset tracking solution, BlackBerry Radar, has been deployed with Caravan Transport Group Inc.
Tags: Radar, BlackBerry Limited, BlackBerry Radar, Caravan Transport, Transportation Fleets
October 27 2016 - Products
White LEDs come on when a trailer kingpin is properly coupled to an ELI-te equipped fifth wheel, but two red LEDs begin flashing if the coupling is not made.
Tags: Vehicle Safety, Fifth Wheels, SAF-Holland
We offer e-newsletters that deliver targeted news and information for the entire fleet industry.
The expert, Shawn Whitacre from Chevron Delo, will answer your questions
The expert, Steve Carlson from Xantrex, will answer your questions
The expert, Brian Fletcher from Eaton, will answer your questions
On the Spot: Drive the Future With Volvo's SuperTruck [Video]
Highlights From ATA Management Conference & Exhibition [Video]
Navistar's Las Vegas LT Series Launch Presentation [Video]
Test Drive Preview: Freightliner's 2018 Cascadia [Video]
App Helps Truckers Report Accidents
Charger Keeps Batteries Topped Off in Winter
Tool Designed to Remove Tie Rods and Ball Joints
Driver Wellness Courses Address 3 Key Concerns


text: !! OMG, Listen Now: Scissor Sisters' NIGHT WORK now streaming !! Scissor Sisters' new NIGHT WORK is now streaming in its entirety on MySpace for all of today and tomorrow. Yes, MySpace! I guess that is still a thing that is out there! Happy Pride! » share: » OMG, read these RELATED ENTRIES: OMG, Scissor Sisters winners OMG, hear the new Scissor Sisters-Sir Ian McKellen collabo OMG, watch the video for Scissor Sisters' "Invisible Light" OMG, a contest: Autographed Scissor Sisters poster » posted by Bmad on Friday, June 25th, 2010 Leave a comment | category: Homophilic, Musical | permalink _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ add a new comment Cancel reply Your email address will not be published. Required fields are marked *comment text (you may use HTML tags for style):name * email *


text: A rather, but cozy restaurant specializing in Spanish dishes, such as tapas, paella, etc. although not all dishes are really Spanish. One typical dessert is missing: crema catalana. They have leche flan instead which is a typical Filipino dish. Try the tapas, e.g. the mejillones (clams) with garlic, they are delicious.


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first edition Paperback
1866 · Richmond
by Dimmock, Charles H.
Richmond: J. W. Davies & Sons, 1866. First printing. Paperback. Good. First edition, 1866. Softcover, 24 pp., clean unmarked text, Very Good copy, some soiling and age-toning to the pages and covers, light wear to the pages and the covers including minor creasing and a touch of tearing to the edges of the covers. Uncommon item. (Inventory #: s00019787)


text: "'I have always wanted to shoot her in an unconstrained environment,' says skateboarder turned photographer and director Jenkins. "No brief to follow—just Dree." The two met as teenagers in their SoCal high school and have collaborated previously on a video for the acclaimed English indie outfit The Vaccines' single, "I Always Knew". The great-granddaughter of author Ernest Hemingway and the child of actress Mariel Hemingway and documentary maker Stephen Crisman, Dree made her debut on the runway in March 2009 and has since featured in campaigns for brands including Valentino, Chanel and Gucci. Having already appeared in a number of films, in 2012 the emerging talent took on the lead role in the critically acclaimed indie release, Starlet. Jenkins, whose next project is a music video for south London-based band Bastille, grew up visiting the desert every summer. "You can do what you want there," he says. "It's the ultimate freedom to have no one around for a hundred miles in any direction." – Nowness.com


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JK Technosoft Walkins Drive For Freshers On 30th Sept 2016
JK Technosoft Walkins Drive For FreshersDesignation : HR Executive
No Of Positions : Multiple
Qualification : Any Graduates
Also Read :
* More Graduates Jobs
Experience : 0 - 3 yrs
Location : Bangalore
Also Read :
* Upcoming Bangalore Walkins Drives
Salary : As Per Industry
Job Description :
Businesses, today, are faced with one of the worst economic climates for decades. The need to stay on top of costs and maintain/ improve business services is fundamental to sustained success. The burden and pressure this creates for IT is unparalleled in recent years.
JKT's IT Consulting Services help our clients overcome these challenges and deliver integrated, end-to-end IT solutions and services to help your business move in the right direction.
Recruitment Process :
* Interview
Also Read :
Company Profile :
JKT is a global IT services and software solutions company providing world class solutions to SMEs, start up dot-coms as well as some of the world's largest organisations. At JKT, we are driven by a simple yet powerful tenet of providing "TOTAL CUSTOMER SATISFACTION".
Founded in 1988, JKT was set up to provide high-end bespoke development services and software licenses in the domestic market, we soon made a name for ourselves servicing Independent Software Vendors and start up companies and formed partnerships with industry leading technology companies. Today, however, we offer a comprehensive range of services and solutions covering the entire software lifecycle, including IT services, enterprise solutions, education & training, and employ over 1000 top-class technical specialists. Although we can boast a number of Fortune 1000 organisations as our clients, we are still very much active within the ISV/ SME marketplace with relationships spanning many years.
We are proud to be a part of one of the India's largest conglomerates, a $4 billion group and a 100 year old J.K.Organisation. Since inception, we have strived to provide best-in-class services to our clients across the world. Today, we are glad to announce that we have our presence throughout UK, Europe, USA and Asia with three advanced software development centers. Our specialists are providing best-in-class solutions and services to our clients located in over 25 countries.
Apply Mode : Walk in
Also Read : This Week Walkins Drives
Walk In Date : 29th & 30th September 2016
Walk In Time : 12 PM
Interview venue Details :
GGR Tower, 1st Floor,
Sy # 18/2b, Ambalipura Road,
Ambalipura Village, Sarjapur Road,
Bellandur Gate,Bangalore East Taluk,
Karnataka,India 560003 .
Also Read : JK Technosoft Upcoming Walk in Drives
Online Test Practice Exams Papers
JK Technosoft Walkins Drive For Freshers On 30th Sept 2016 Reviewed by hanimi on 23:39:00 Rating:


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Ambassadors Group Inc (NASDAQ:EPAX) is an education company engaged in the organization and promotion of worldwide travel programs for students. The company also provides educational services such as book summaries, critical essays and online study guides through its subsidiary, BookRags. Ambassadors is a micro-cap with a market capitalization of only $59 million and average daily volume of a little over 23,000 shares.
Ambassadors has been struggling
Ambassadors Group Inc (NASDAQ:EPAX) has been struggling during the past four years. Indeed, the company's revenue has declined 41% over the period and thanks to a high level of operational gearing, net income has collapsed a staggering 92% over the same period. The company's stock price has also notched five-year losses of 67%.
These declines for the most part have been down due to a lower level of disposable income thanks to the economic environment, which has reduced demand for worldwide travel.
Still, at these levels and after four years of declines, Ambassadors is finally looking like it could be a value investment. At the end of the fiscal second quarter, Ambassadors Group Inc (NASDAQ:EPAX) had a book value per share of $3.67, 6% away from current levels. In addition, the company had no debt and a cash balance of $55.9 million, or in other words, $3.28 per share. What's more, current assets covered current liabilities 1.4 times so the company has plenty of fiscal stability with little risk of default.
Ambassadors reported a strong fiscal second quarter
Ambassadors Group Inc (NASDAQ:EPAX) reported a strong fiscal second quarter this year with a net income of $8 million, but this was after two successive quarters of losses, which cost the company a cumulative $18 million. However, digging deeper, away from the income statement, it would appear that these losses were mostly non-cash charges and the company's cumulative free cash flow for these two quarters was around $10 million. For the first half of this year Ambassadors Group Inc (NASDAQ:EPAX) has been free cash flow positive to the tune of $20.6 million.
It's not all bad news, in other words, and it would appear that the company is on the rise.
Furthermore, management has been working hard to turn the company around in recent years. During 2012, management started slashing costs and the company as a whole noted a slight uptick in the number of students applying for its overseas travel programs. Ambassadors Group Inc (NASDAQ:EPAX) also slashed its direct mail campaign expenditure by 25% during 2012 and eliminated a number of non-core programs that had been poor performers in recent years. Moreover, management hacked 10% off Ambassadors' corporate expenses bill during 2012, which helped to address the company's high level of operational gearing.
Lucrative market
There is money to be made in Ambassadors' business model and if the company can combat its own high expenses and increase customer numbers, cash could soon start to flow in. For example, according to the company's own presentation, the United States' youth travel market is worth around $14 billion and the average household income of attendees on its courses is around $70,000, so there is plenty of cash to be spent.
Overall, Ambassadors Group Inc (NASDAQ:EPAX) is an interesting turnaround opportunity with plenty of scope for growth and a cash-rich balance sheet.


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After a year-long journey fighting her wrongful foreclosure, Rose McGee has won a settlement with CitiMortgage and Fannie Mae to stay in her home.
"We are working on final details for a settlement resolution, and I will be staying in my home," said Rose.
70 community members gathered to support Rose in a prayer vigil circling the Government Center water fountain Tuesday afternoon before she went into settlement court, where she finally reached a deal with CitiMortgage and Fannie Mae.
Rose, a community leader known for her storytelling and sweet potato pie business, fell into foreclosure after losing her job at a nonprofit. Immediately she contacted CitiMortgage to let them know. They assured her they were working on a modification—but then sold her home at a sheriff sale May 18, 2012. This process, in which banks foreclose on their customers during the modification process, is known as "dual tracking."
With the help of Occupy Homes MN, Northside Community Reinvestment Coalition, Jewish Community Action, and MN Neighborhoods Organizing for Change, Rose began organizing a public campaign to save her home, with protests at Citibank branches, a letter delivery to Fannie Mae headquarters in D.C., and a "Housing is a Human Right" bus tour. In January, Rose's story helped launch the Homeowner Bill of Rights, a bill in the Minnesota legislature that would ban dual tracking and other foreclosure abuses.
As negotiations with Fannie Mae stalled, Rose joined a national campaign to pressure President Obama to fire Ed DeMarco, who administers Fannie Mae and Freddie Mac. At a rally before Rose's April court date, Rep. Keith Ellison spoke out against DeMarco, urging Obama to replace him. On May 1, President Obama nominated Rep. Mel Watt to replace DeMarco. Watt still faces a lengthy Senate confirmation process.
As the legislative session draws to a close this week, the legislature has yet to take up the Homeowner Bill of Rights.
"We must not give up," Rose said. "I will be staying in my home, but nobody should have to fight this hard for something so simple. The legislature must immediately pass a strong Homeowner Bill of Rights as a small step towards making sure no one else has to go through such an arduous journey."
Rose will speak at a press conference for the Homeowner Bill of Rights at the Capitol Wednesday at 11 am.


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Cake Baking Supplies
We're prepped and ready for the Great British Bake Off tonight!
Baking Tools - Layer Cake Slicing Kit, Stainless Steel
Baking Supply Organizing Ideas - If you are an avid cake baker and cookie decorator, all those baking supplies can quickly take over your kitchen. Check out these baking supply organizing ideas and take back your kitchen! #storagewithstyle #Pmedia #ad @creativeoption
Must Have Cake Supplies | Create Beautiful Cakes at Home | TheCakeBlog.com somebody get me all this, I love baking!!!
All of our new spatulas are designed to make decorating easier. The stainless steel blades are designed for flexibility, giving you better control for better results every time and the soft-grip handle is even more comfortable in your hand, making each spatula easier to use whether you're icing dozens of treats or a multi-tiered cake!
This tool comes in handy when you are working with fondant. It helps you trim off the excess.
I really need to get my stuff organized. I have acquired so many cake decorating supplies, I am getting overwhelmed. This is my dream organizer.
Decorating Piping Techniques for Cakes and Cupcakes - For all your cake decorating supplies, please visit craftcompany. co.uk
Cake decorating pantry....I would be in heaven if I could have this in my kitchen!!!!
Essential Tools for Baking & Decorating!