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August 31, 2009
VINCENT BIAGAS, PETITIONER,v.JAMES WALKER, WARDEN, RESPONDENT.
By Order, filed on April 28, 2009, petitioner's application was dismissed and thirty days' leave to file an amended petition was granted. Within that order (docket # 4), petitioner was informed that he was foreclosed from challenging two state court judgments in one petition; the court made clear that if he sought to challenge a 1995 Alameda County conviction (for which he apparently received a 30-year-to-life sentence), that he would need to proceed on a separate application in the Northern District and, as to that conviction, was cautioned with regard to the AEDPA statute of limitations. He was further directed, with regard to a subsequent Sacramento County judgment (that may have occurred some time in 2005 or 2006) involving a violation of Cal. Penal Code § 4502, possession of a weapon while in prison, to set forth in an amended petition, the date of the challenged Sacramento County conviction and sentence and the grounds for any such challenge. The requirement of exhaustion of state court remedies was also noted.
On May 20, 2009, petitioner filed his consent to the jurisdiction of the undersigned (docket #6). Petitioner was granted an extension of time to filed an amended petition by Order, filed on July 10, 2009; his request for appointment of counsel was denied without prejudice. In that order (docket # 9), it was noted that petitioner's filings subsequent to the April 28, 2009, Order, were not responsive to it. Petitioner has continued to file documents wholly unresponsive to the clear direction of the court. For example, in a declaration, filed on July 16, 2009 (docket # 10), he references having asked for a speedy trial in December of 2004, and then segues into his unspecified administrative appeals and efforts to file a civil rights action. Nowhere in his filings does petitioner set forth the judgment or conviction he seeks to challenge, when such judgment and conviction occurred or the grounds, coherently organized, for any such challenge. The time for filing an amended petition has expired. The court must now dismiss this action as petitioner appears to be unable or unwilling to comply with court orders, and he has been provided ample opportunity to do so. See Local Rule 11-110; Fed. R. Civ. P. 41(b).
Accordingly, IT IS HEREBY ORDERED that this action is dismissed.
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The U.S. is sending a small team of law enforcement experts and military advisers to Nigeria. The team is to aid in the rescue efforts of 200+ young girls kidnapped from the beds at their school dorms last month by a terrorist group. This group stormed another town on Monday -- killing 310.
Do you believe that the United States should expand its efforts to help? If so, to what extent? Would you support sending in more military troops?
Here are a few articles:
310 people killed in latest Boko Haram attack; hundreds of girls remain missing
Nigeria abductions: 6 reasons why the world should demand action
US team of military personnel, federal agency experts to reach Nigeria in coming days
U.S. Offers Aid In Search For Nigerian Girls, But Is It Too Late?

subset: commoncrawl


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Verdict on Vista: Not There Yet.
I foolishly spent a day and a half rebuilding my machine using Vista. Around 5pm tonight, whilst trying to shut down Vmware workstation, I got the "Bleep of death". This is where VMWare displays an underlying operating system - in this case win2k3 - whilst its showing a dialog and does a single "beep". However, for whatever reason, VMWare freezes, and the beep goes on. After 5 minutes of ear-piercing (the Blingmaster has Dolby 5:1 and a BIG woofer), I powered down (after trying all the usual tricks with closing the lid to provoke powerdown, etc.
Step 1. Okay. So I switch on.
Step 2. No. Some loader component is corrupt. Lets try "last good boot".. Ah. No. Its now saying "Stick in the Vista disk and do a repair". Fine. 5 minutes later - and its in repair mode.
Step 3. Tell it to repair. Another three minutes.
Step 4. Its successful! Reboot!
Step 5. Return to Step 1.
I must have went around the merry-go-round a dozen times over the space of two hours. In the end, it started offering "Restore" points. Fine. Lets back up a few hours. Goto step 1.
Mmm. Given up, and booted back into XP. Some conclusions:
- Whatever corrupted the registry - wow. I've not seen *that* in six years of running XP. What was I doing ? Literally, the only thing running was Vmware, and I was trying to shut it down. Since VMWare keeps all its partition state information in text files - no routine registry updates.
- Why doesnt going back to the restore point (and lose perhaps the last program or two I installed) cure it ?
- Why does the system repair/restore system report success when its still borked ?
- Why does it require the original Vista DVD to get into repair mode ? Are we expected to carry the DVD around?
- Bear in mind that I'd not even started doing some serious programming work outside domino at this stage. Why is Vista so fragile ?
- Even a complete system re-install - losing everything that I'd built up over 10 hours - would have meant re-downloading 700mb of fixup files. AGAIN. Its only day two of Vista Public Release. How much would it be tomorrow ? Next week ? Next month ?
Its waaaay too fragile for my taste at this point of time.
Before the MS-Script kiddies leap in and claim that I'm just some old fart, bear in mind
Kids - Uncle Bill is telling you - thats right - telling you - this thing aint ready for prime time yet.


text:
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Estimated Monthly Payment will depend on vehicle make and model and will be determined upon actual vehicle inspection. All payments are estimates. Tax, title and any other fees are extra.


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Turtle Beach Ear Force PX22 Gaming HeadsetTB-0280 731855032303
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Amazon is looking for an International Indirect Tax Senior Analyst based in Mexico City. This position is responsible for Mexico indirect tax compliance, technical tax research, planning, and assisting with project implementation.
Primary duties include:
Coordinate and manage the use of outside advisors to prepare indirect tax returns and related accessory obligations,
Assisting with managing, coordinating and reviewing indirect tax compliance, filing returns and reporting obligations
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2+ years of tax experience with exposure to international tax in a Big 4 public accounting firm, major law firm, and/or a multinational corporation.
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Top Linksmain detailsbiographyby votesphoto galleryquotes
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Riann (Character)
from "Star Trek: Enterprise" (2001)
FilmographyEdit Credits
- "Star Trek: Enterprise"
... aka "Enterprise" - USA (original title)
- Civilization (2001) TV episode, Played by Diane DiLascio
Additional Details
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Riann: Is there anything else you'd like to tell me, Jon?
[after finding out about Archer and the Malurian being aliens to her homeworld]
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|Publication number
|Publication type
|Application number
|Publication date
|Aug 6, 2002
|Filing date
|Nov 10, 1998
|Priority date
|Nov 10, 1998
|Fee status
|Also published as
|Publication number
|Huw David Jones, Kent Patras
|Original Assignee
|Becton, Dickinson And Company
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (11), Referenced by (6), Classifications (7), Legal Events (5)
|External Links: USPTO, USPTO Assignment, Espacenet
1. Field of the Invention
This invention relates to sample collection and more particularly relates to a method for coating a blood sample collection tube.
2. Background
Blood samples are routinely taken in evacuated tubes. One end of a double-ended needle is inserted into a patient's vein. The other end of the needle then punctures a septum covering the open end of the tube so that the vacuum in the tube draws the blood sample through the needle into the tube. Using this technique, a plurality of samples can be taken using a single needle puncture of the skin.
Blood drawn into a tube is typically mixed with an additive present in the tube prior to draw. Clot activators such as silica particles promote rapid coagulation so that the liquid serum fraction can be readily separated from the clotted cells. Anticoagulants are used to prevent clotting when the blood sample is to be used directly in hematological tests or for separation of blood cells from the plasma. For separation, the blood sample is centrifuged, and a gel having a specific gravity between that of the solid and liquid fractions is used as a barrier between the fractions.
Collection tubes are conventionally made of glass or plastic, such as polyethylene terephthalate (PET). Glass tubes have the advantage of water and gas impermeability. Plastic tubes are advantageous over glass in lower breakage, less weight in shipment and easier disposal by incineration, but high permeability to water and gas is a disadvantage.
In glass it has been conventional to provide the additive in aqueous solution to provide rapid mixing with the blood. However, the action of a liquid additive in the tube may be masked by the gel. Also, if the additive is applied to the wall of the glass tube, it rapidly runs down the tube wall and collects in the bottom of the tube where, again, its action may be masked by the gel. For this reason the tube wall is often coated with polyvinylpyrrolidone (PVP) and the anticoagulant solution applied thereover. The PVP dissolves in the blood and becomes part of the plasma.
Aqueous additive formulations are unsatisfactory in plastic because moisture permeation through the tube wall changes additive concentration, may reduce additive functionality and may reduce shelf life. In one approach to providing additives in plastic tubes, a plastic blood collection tube contains a plastic film insert having an anticoagulant affixed thereto. Such tubes have the disadvantage that the film becomes part of the packed cells and can interfere with analyses which use the cells, such as blood typing.
In another approach, the inside wall of a plastic tube is spray coated with an ultrasonic coating device and the coating is air dried.
There is a need for a plastic blood collection tube having a uniform sprayed-on additive which is readily air dried to a solid form which will readily dissolve when blood enters the tube and yet leave both the plasma and cell fractions free of extraneous materials. The present invention fulfills this need.
A blood collection assembly includes a collection tube having a bottom wall continuous with a side wall. The side wall defines an open end and the bottom wall defines a closed end. Together the bottom and side walls define an inside wall surface. Preferably, the open end is covered by a puncturable stopper and the tube is evacuated. A conventional thixotropic gel may be stored in the bottom of the tube. The inside wall surface is coated with an additive for blood analysis applied by spraying a solvent dispersion of the additive through an air nozzle and drying to leave a layer of discrete particles. In this application, the term dispersion includes both a solution and a suspension.
A second aspect of the invention is a method to make the tube.
Use of an air nozzle instead of a conventional ultrasonic nozzle provides several advantages. The mist provided by an air nozzle is finer and more uniform, thereby eliminating coalescing of the spray into droplets and subsequent rundown of fluid, even on the inside wall of a glass tube. Avoiding rundown facilitates drying and gives uniform coatings of discrete solid particles of greater surface area. In addition air nozzles are much less complex than ultrasonic nozzles and therefore provide substantial cost savings and ease of adaptation for automated manufacturing lines.
The FIGURE is a vertical sectional view of the tube of the invention showing the particulate nature of the additive.
While this invention is satisfied by embodiments in many different forms, there will herein be described in detail preferred embodiments of the invention with the understanding that the present disclosure is to be considered as exemplary of the principles of the invention and is not intended to limit the invention to the embodiments illustrated and described. The scope of the invention will be measured by the appended claims and their equivalents.
The blood collection assembly of the invention may include any container, preferably plastic, having a closed end and an open end. Suitable containers are, for example bottles, vials, flasks and the like, preferably tubes. The invention will henceforth be described in terms of the preferred tube.
Adverting now to the drawing, the FIGURE illustrates a blood collection assembly 10 which includes a tube 12 and a puncturable stopper 14. Tube 12 has a bottom wall 16 and a side wall 18 having an inside wall surface 19. Side wall 18 defines an open end 20 into which the stopper 14 may be placed. Bottom wall 16, side wall 18 and stopper 14 enclose an interior volume 22 of the tube which preferably is evacuated. Tube 12 has a layer 26 of additive particles on inside wall surface 19 applied by spraying a solvent dispersion of the additive through an air nozzle and drying. While the drawing shows the particles to cover substantially all of inside wall surface 19, only a fraction of wall surface 19 need be covered in accordance with the invention.
Stopper 14 may include an annular upper portion 30 which extends over the top edge of side wall 18 and a lower annular portion or skirt 32 which extends into and forms an interference fit with inside wall surface 19 for maintaining stopper 14 in place in open end 20. The invention is not limited to the stopper design shown in the drawing.
The tube may be of any size up to about 50 mm in diameter. A preferred tube is a microcollection tube for small blood samples as from a finger prick. While not wishing to be limited thereby, these tubes are conventionally 43.18 mm long and 6.17 mm internal diameter. The invention is also particularly well suited to evacuated blood collection tubes. Evacuated tubes are generally cylindrical, 50 to 150 mm, preferably 75-130 mm long and about 10-20, preferably 13-16 mm in diameter.
The tube of the invention may be glass or preferably plastic. Suitable plastics are, for example, PET, polypropylene and polystyrene. Likewise, the stopper may be of any elastomer, as is well known in the art of blood collection tubes.
Any conventional gel as known in the art for separating serum or plasma from a cellular fraction may be used. A preferred gel is a thixotropic polyester gel.
The additive may be an anticoagulant or a coagulation enhancer. While heparin, particularly lithium heparin, is the preferred anticoagulant, other conventional anticoagulants, such as sodium citrate or ethylenediaminetetraacetic acid may be used. Suitable enhancers are particulate dispersions of silica, kaolin and the like and enzyme enhancers such as ellagic acid, fibrinogen and thrombin.
Any quantity of additive may be used, generally determined by the area to be covered or the draw volume. While not wishing to be limited thereby, about 1 to 50 ul of additive dispersal may be applied. The dispersal may be of any concentration.
A suitable air nozzle design for use in this invention is that disclosed in U.S. Pat. No. 5,732,885 after being modified to fit into a blood collection tube.
Thus, the additive is applied by spraying, through an air nozzle, a mist of a solvent dispersion, preferably aqueous, to the inside wall surface of the tube. The mist remains on the surface as discrete droplets until dried to leave a uniform coating of individual solid particles.
Coating of Tube
The inside wall surface of a conventional plastic microcollection tube was misted with an aqueous solution of lithium heparin so that 192 units of heparin were uniformly dispersed over the tube wall. Spraying was performed using an air nozzle dimensioned to fit into the tube. The tubes were dried by blowing hot air through a convection nozzle inserted into the tube. A conventional thixotropic polyester gel was then added to the bottom of the tube and allowed to set. The tube was sterilized with gamma irradiation at 2.5 mrads. The tube was examined visually and the coating was observed to be uniform in distribution and thickness.
Example 1 was repeated exactly except the heparin solution was applied to the tube by spraying from a commercial ultrasonic nozzle. The tube was examined visually and the coating was seen to be non-uniform (localized areas of thick coating and localized areas of light coating) consequent to coalescing and rundown prior to drying.
|Cited Patent
|Filing date
|Publication date
|Apr 30, 1993
|Jul 5, 1994
|Becton, Dickinson And Company
|Tube having unitary blood coagulation activator and method for its preparation
|Sep 6, 1994
|Apr 23, 1996
|Becton, Dickinson And Company
|Method to reduce gas transmission
|Apr 22, 1994
|May 21, 1996
|Becton, Dickinson And Company
|Blood compatible, shear sensitive gels
|Jan 30, 1996
|Nov 11, 1997
|Becton, Dickinson And Company
|Blood collection tube assembly
|Jun 28, 1995
|Mar 31, 1998
|Spraying Systems Co.
|Internal mix air atomizing spray nozzle
|Jan 30, 1996
|Apr 14, 1998
|Becton, Dickinson And Company
|Blood collection tube assembly
|Jan 30, 1996
|Jun 9, 1998
|Becton, Dickinson And Company
|Blood collection tube assembly
|Sep 9, 1997
|May 25, 1999
|Becton Dickinson And Company
|Tube for preparing a plasma specimen for diagnostic assays and method of making thereof
|Oct 22, 1997
|Oct 19, 1999
|Becton Dickinson And Company
|Blood collection tube assembly
|Mar 25, 1997
|Jan 11, 2000
|Becton Dickinson And Company
|Blood collection tube assembly
|Sep 10, 1996
|Apr 9, 1997
|Becton Dickinson and Company
|Blood collection device for plasma separation and method therefor
|Citing Patent
|Filing date
|Publication date
|Aug 25, 2010
|Mar 15, 2016
|Becton, Dickinson And Company
|Multilayer containers
|Nov 13, 2002
|Jun 26, 2003
|Becton, Dickinson And Compan, A New Jersey Corporation
|Spray dry process for applying anticoagulant on a syringe barrel
|Jan 5, 2007
|Aug 16, 2007
|Mark Richards
|Apparatus and method for injection of fibrin sealant in spinal applications
|Nov 28, 2008
|Jun 18, 2009
|Smart Tube, Inc.
|Devices, systems and methods for the collection, stimulation, stabilization, and analysis of a biological sample
|Aug 25, 2010
|May 26, 2011
|Becton, Dickinson And Company
|Multilayer containers
|Sep 9, 2013
|Jan 9, 2014
|Antoine Turzi
|Cell Preparations For Extemporaneous Use, Useful for Healing and Rejuvenation In Vivo
|U.S. Classification
|604/403, 427/532
|International Classification
|Cooperative Classification
|European Classification
|Nov 10, 1998
Owner name: BECTON, DICKINSON AND COMPANY, NEW JERSEY
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:JONES, HUW DAVID;PATRAS, KENT;REEL/FRAME:009581/0547;SIGNING DATES FROM 19981023 TO 19981026
|Dec 17, 2002
|Certificate of correction
|Oct 26, 2005
|Fee payment
Year of fee payment: 4
|Feb 8, 2010
|Fee payment
Year of fee payment: 8
|Feb 6, 2014
|Fee payment
Year of fee payment: 12


text:
New York Yankees vs Philadelphia Phillies
Time: 12:05 pm
Steinbrenner Field – Tampa, FL
Weather: 66, Clear
TV: YES Network (Live), MLB Network (Delay)
Follow Phillies Nation on Twitter
Raul Valdes will start at for the Phillies in a a bullpen game that Jim Salisbury of CSN says is to "look at other pitchers (relievers) in varsity game in Tampa". Cole Hamels will throw in the 10:00 AM Minor League game to get some work in.
An interesting line-up today, as Jermaine Mitchell (.500/.583/1.000, 2 triples and 1 double in 12 PA, three-for-three in stolen base attempts) gets a look at DH and Yuniesky Betancourt will start at short.
Interesting tidbit: this game will start at noon to clear the area for a Kenny Chesney concert set to take place across the street later today.
1. Revere – CF
2. Young – 3B
3. Utley – 2B
4. Howard – 1B
5. Brown – LF
6. Nix – RF
7. Mitchell – DH
8. Betancourt – SS
9. Lerud – C
Go Phillies!
26 Comments
Utley-Howard-Brown-Nix… 4 lefties in a row? Alright, Charlie.
On a more serious note:
I wonder who's gonna bat 5th now that Ruf is pretty much out of the regular lineup. I think Chooch would be great batting 5th, but who's gonna do that in the meantime… Kratz?? Brown (a lefty)??
Jermaine Mitchell is lefty also I think.
Five and counting.
Know who appears to be having a nice spring? Raul. 9-23, 2 blasts.
Put it this way if you're thinking it's only spring. You wouldn't say that if he was 1-23.
The old man keeps rolling.
It's funny checking through the Phils lifetime numbers against Kuroda.
Three of the more outstanding, and there are none by the veteran players are
John Bowker, 4 for 9
Lannan 2 for 5
and the Mart that's known as Mini, 2 for 5, including aninfield triple. I assume it was an infield triple. I never knew Mini to hit another kind.
The everpopular Delmon Young is 1-1 with a double.
News you can use.
Memories of Downtown Ollie Brown come to life on a deep, deep rip by the namesake.
3-0, Phils.
Cool Hamels wrapped his spring buildup today with an 84 pitch minor league game workout. He'll get a wind down assignment mid week, and no doubt be as ready as he will be for his 1st Opening Day assignment.
The 84 pitch peak probably means he won't throw more than 100 pitches against the Braves, translating to 6-7 innings. So whoever makes the pen better be ready for their assignment that day.
Opening Day is a thrill, and it's always a privelege to add another one to the resume. But losing that day just drains the exhilaration. So the pen should loom large that day. Cannot wait!
The thing about Dom this spring isn't the numbers, or at least alone…they always are some sort of suggestive measure, it's that he is playing so much more a brand of heads up baseball. Used to be that twice a game, or no more than every other game, you'd watch a play, and think what is the kid thinking? He just made a nice charging catch in left because he's PAYING ATTENTION, dammit. Players make mental errors regularly, they ome and go as forgotten whenthere's no damage done, but Dom's alertness seems to be at the core of what is certainly leading up to the sort of overachivement (relative to the past) year the club could flatout use. Now wheteher it rolls over, we can't be certain, but health in place, he really looks prepared to meet the challenge.
The over just won on season totals for Ben Revere GIDPs. That's at least 2. With that speed?
Are ya kidding me?
Two double plays for a fast runner like Revere probably means that he hit the ball sharply. That may not be such a bad thing.
no, he actually did, both times. He does get his money' worth with his contact. He should be a real asset.
Nice shut 'em down inning for the Stutes Man. Terrific spring after a miserable first outing.. If he;s not on the Opening Day roster, he can walk away knowing he couldn't hve done more to have shown his skill.
We go to the 9th, and the chicken's in a warmed oven.
Could go cycle this 9th as Lerud (deep shot), Galvis (usual double) and Orr (3 bagger) set a club record of most unexpected series of base hits in 1 inning since Lepcio, Malkmus and Bob Oldis crankeed it up back in the day.
Heaven forbid somebody should actually look up if those 3 did it. I doubt any of 'em had an extra base hit in their careers.
But it was a fun thought.
Just got an e mail from arc wanting to know if Frank will sing NY NY after the game, and if it will be live or memorex.
Yes, Frank will sing, its Yankee home game.
Not sure if it will be live or not.
You never know.
If Jake would just drop his arm slot a couple more inches, I'd feel like I was watching a southpaw rendition of Phil "Vulture" Regan. Those out of the ordinary deliveries, like Tekulve are always cool to watch.
Jakee walks a hitter.
What a shock.
Jake walks another man. Tremors.
Maybe we should get rid of the ump here, and call balls and strikes by honor system. Can't be any worse/
Should I ever meet Jake in a dark alley, and he tries to shoot me upside my head, I'm not worried. The guy on the 3rd floor maybe should be.
Jake had 'em all the way.
Yuni, 3 hits, nice defense.
Mike Young continues making the plays he should.
Good job by Valdez
Dom blasts one to Georgia, and makes a nice catch.
Jermaine Mitchell…surprise roster contender with 2 hits today?
RyHo building stamina playing into the 8th.
Doc tomorrow. Big ballgame V Buck's O's. Lookin forward to getting the Halladay pitching chart back on an upswing.
Even after today he has 14 Ks and 4 walks in 10 innings. If he can maintain that ratio at the major league level he's going to be very good.
(Diekman, that is)
I look at it differently. That ratio of walks is tolerable as quoted, but that's surface stuff. Jake, not being anything close to a control specialist, even with a tolerable walk ratio is still subject to running hitters counts on a moment's notice. That's the sort of stuff that prevents a guy with his stuff from carrying through to having his ERA be a better number than where it's been. Some walks are fine, they can get a better matchup, Master Maddux used them occasionally to set up next time at bats. But Jake has to keep striving to throw strikes and get ahead in counts at least as much as minimizing walks. Guy like him falls behind down, 2 and 0, I can just imagine the pressure he at least should feel to throw a strike. Sometimes, it's aggrivating, yesterday was entertaining because of the grand slam plus lead. But with that talent, boy, can he test patience.
Jermain Mitchell may just be that surprise roster candidate. I hope they give him a better look. Still have 2 weeks to sort it out, so who is the OF'ers this year? Revere & Brown (givens), then any 3 of: Mayberry, Nix, Incarte, Mitchell, Ruf, Orr (as IF/OF), Young (in May).
Maybe you should get a refund from Hallmark. If your calendar shows 2 weeks to decide. We are down to 8 days 'til the opener. Boom chukka boom.
I really hadn't thought that much about Mitchell making the club, have to brush up on his game, I thought there was at least some merit to planting the thought though. And there'sat least the possibility of another wild card in the mix. Late spring roster cuts might offer some talent at good prices to consider for bench outfield positions. The current mix offers decent, if not good choices, and they probably lean toward known talent, but we still may see a fresh face on the PD roster.
Since Ian seems to be the one writing the pre game stuff, and although maybe everyone would present it without opponent starting lineups, I don't feel like I'm jumping the gun by posting the lineup Doc will face. The O's have a split squad setup today, and are running more recognizable, and assumedly more talent elsewhere.
1. Alexi Casilla (S) 2B
2. Ryan Flaherty (L) SS
3. Nolan Reimold (R) DH
4. Wilson Betemit (S) 3B
5. Taylor Teagarden (R) C
6. Jason Pridie (L) LF
7. Steve Pearce (R) RF
8. Travis Ishikawa (L) 1B
9. Trayvon Robinson (S) CF
For the Phils, Galvis is at short, and no surprises elsewhere. You'd think Jimmy will be back starting next game as Charlie probably does some Top 9 this week to get some rhythm goin. I'm sure the full Phillie 9 will follow later, but a little sneak preview action seemed appropriate since some curiousity must be attached to Jimmy.


text:
Grey, Pink, and Blue Knit Woven Print Skirt
Lined, A-line skirt . Panel detail on front and back.?Íí_
Size: 40
Made in: Italy
Color: Grey, Pink, Blue, Green, Beige?Íí_
Content: Unknown, appears to be a wool blend.?Íí_
Condition: Excellent.?Íí_
- Total Length: 22"
- Waist: 26.5"
- Hips: 34"
RETURNS: We accept returns of clothing and shoes when notified via email to firstname.lastname@example.com within 3 days of receiving the item/items. Handbags, accessories and jewelry are final sales. We only accept returns on these items if they are in the condition they were received. Items must have original Luxury Garage Sale tags and be unworn.
SHIPPING: Standard shipping in the Continental US is free via FedEx Ground. Second Day Air is $25 and next-day air is $45. International shipments are a flat rate of $45.
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PNB Recruitment 2016 – 191 Specialist Officers Apply Now
The PNB recruits candidates for various positions across all domains for which it has recently launched PNB Recruitment 2016. Applicants can visit www.pnbindia.in for more information.The Punjab National Bank has released a latest PNB Recruitment 2016 notification addressing various vacant positions under the Job Title of Specialist Posts. The aspirants are invited to apply for the positions of Chief Manager ( Architect ), Manager ( IT – Civil Engineering, HRD, Agriculture, Security, Law, Mechanical Engg, Electrical Engg, Hardware, Networking, Mobile Application, Web Designer, Report Tools, etc), Fire Officers, Economic Officer, Officer ( Mech., Elect., Civil and Printing ). The Total number of vacant seats are 191 Nos which are further divided into various categories. The Last Date for application submission is quoted as 09th September 2016.
Vacancy Details:
As the Latest Notification from PNB Recruitment 2016 has been released, the advertisement contains the recruitment notice for various positions for which the details are given below –
|Post Name
|No. of posts
|Chief Manager(Architect)
|Manager(IT)- Oracle /Financial – DBA/ Application
|Manager(IT)- SQL Server – DBS/ Application
|Manager(IT-) Finacle Customization / Scripting)
|Manager(IT)- Information/ Cyber Security/Forensic/Compliance of IT Audit
|Manager(IT)- Mobile Application
|Manager(IT)- Networking
|Manager(IT)-Applications Development(Platforms-Java, dotnet, HTML, XML, UNIX, LINUX, windows, Biztalk)
|Manager(IT)- Web Designer
|Manager(IT)- Base24 Switch Coding/Testing/Management
|Manager(IT)- Report Tools
|Manager (Agriculture)
|Manager (Security)
|Manager (HRD)
|Manager (Electrical Engineer)
|Manager (Civil Engineer)
|Manager (Mechanical Engineer)
|Manager (Law)
|Fire Officers
|Economic Officer
|Officer (Civil Engineer)
|Officer(Printing Technologist)
Required Qualification:
With respect to the latest advertisement posted by the PNB Recruitment 2016, following are the Essential Qualifications which are required for any candidates for the post applied –
The applicants who are seeking to apply for the PNB Recruitment 2016 must have graduation/B.Tech/ B.E, in respective fields. The applicants should acquired minimum work experience. Please refer the notification for detailed qualification.
Age Limit:
The Age Limit for the advertised positions are given above in the Vacancy Details Section.
Following are the category-wise relaxation period –
- The aspirants under Schedule Tribes / Scheduled Caste will be eligible to get 05 years as Relaxable Period above the proposed age limit.
- The applicants under Other Backward Classes will be eligible to get 03 years as Relaxable Period above the proposed age limit.
- The aspirants under Physically Challenged will be eligible to get 10 years as Relaxable Period above the proposed age limit.
- The aspirants under Domiciled in Jammu & Kashmir will be eligible to get 05 years as Relaxable Period above the proposed age limit.
- The aspirants under the Family Member / Children of those who died in 1984 riots will get 03 years as relaxable period.
Selection Process:
The candidates who want to seek enrolment in the above given positions are required to go through the selection process that consists of online written test and or Interview. The selection for the posts will be made by the selection committee which is set up by the organization.
Following are the syllabus for online test –
- English language
- Reasoning
- Professional Knowledge
- Quantitative Language.
Application Fee:
According to the latest recruitment notification posted by the PNB Recruitment 2016, the application fee for the SC / ST / PWD Category is 50/-.
The candidates under General / OBC / EXSM category are required to pay 400/- as application fee.
How to Apply:
The candidates who want to secure admission in any of the given positions are required to follow the given instructions –
- Enter the URL www.pnbindia.in
- Select the Recruitment / Careers tab on its homepage
- The aspirants can click on View Advertisement for the complete official advertisement after which they can click on Apply Online.
- The candidates must register on the official website where they have to mention basic information asked after which they will be provided with auto generated Provisional registration Number along with its password which can be used to login to the website.
- Further, the aspirants will be asked to upload scanned copy of their signature along with passport sized photo on the application form as per the prescribed specifications.
- The aspirants will have to mention all the details and click on Save and Next and finally click on Submit button for final submission.
- After pressing the Final Submit button, the aspirants will be guided to the payment gateway of the website where they are required to make the payment of the application fee in order to complete the submission process.
- The aspirants are required to pay the prescribed amount of application fee through Credit Cards, Debit Cards, IMPS, Cash Cards, Internet Banking, Mobile Wallets, etc.\
- The aspirants can view the instructions to follow which they can refer before executing the payment procedure.
- After successful transaction of application fee, the system will generate e-receipt which is required to be preserved.
Important Dates:
Given are the Important Dates as proposed in the Advertisement posted by PNB Recruitment 2016 –
|Starting Dates for Online Application Form
|23rd August 2016
|Final Dates for submission of Application Form
|09nd September 2016
|Tentative Dates of Online Written Examination
|14th October 2016
|Period for Downloading Call Letters
|04th September 2016 Onwards
Important Links:
The official Advertisement issued by the PNB Recruitment 2016 – Get Notification
PNB Recruitment 2016 at pnbindia.in Hockey Players/Counsellor Jobs Online
Punjab National Bank is majorly Multinational Banking and Services related to finances Company. It is basically, owned and controlled by State, it is based in areas of new Delhi, India. Been found in the year 1894, this bank has known to have nearly 6300 branches with 9500 ATMs spread all over Country in nearly 764 cities. PNB Bank imparts service to nearly 60 million customers connected to the bank. PNB Bank is considered to be listed in top 4 banks with names such as Bank of Baroda, State Bank of India, ICICI, etc. .It is known to have reported to have subsidiary in UK (with 7 nearly branches in UK) also, internationally has branches in Dubai, Hong Kong, Kabul, e, Sydney, Shanghai, Oslo, Almaty, etc.
Bhutan consists of nearly 51% of ownership by PNB Bank, which also has 5 branches. In a report taken in year 2005, the PNB bank has 68,290 employees, and since, it has been a decade now, predicted that the employee bar may have slightly increased as well.
Opportunities are being provided in Punjab National Bank for filling up vacancies for job in various categories one of them is Hockey players in Sports cadre. Websites are being continuously updated often for job vacancies. There would be more updates to be forecasted, so the applicants must be updated daily in order to hunt down jobs available in New Delhi.
Applicants must fill online forms and submit well before the deadline dates. Also, applicants are advised to read and fill out every detail and procedure as mentioned below.
Advertisements by the Organization states 8 seats or job positions in the Punjab National Bank are available.
Applicants can fill out the forms and submit till the deadline decided by the department which is 13/06/2016
Vacancy Details:
There are total 8 seats to be filled for Skilled, Energetic and Talented Candidates as per Sports Cadre, information about them are given below.
Required Qualification:
Punjab National bank has stated a list of eligibility which they look for in the individual who is applying and select the one who meets the maximum.
- Candidates applying for this job post must have at least completed their SSC Boards or any equivalent course to this.
- Applicant must have to be represented State in any National / District-Level/ State-level Event OR
- Applicant must have been represented their University/Inter-University with distinction.
Documents matching to the qualification must be submitted while going through recruitment process.
Age Limit:
- Age-limit range has been decided by the PNB Bank which is that, the individual applying in the Commission, their age must not be less than 18 years and not more than 26 years of age.
- However, age-relaxations might be granted to categories such as SC/ST/PWD/HI etc. but, for that, one must submit the respective documents.
Relaxation provided as per categories are as follows:
|5 Years
|Aspirants nominated for Domicile for Jammu and Kashmir
|5 Years
|3 Years
|Aspirants whose children/family members expired (in 1984 Riots)
|3 Years
Application fee/ Processing fee:
Following are list of details for application fee one has to pay with respect to which category they belong to,
|General category
|Other Classes
|No Fees
|Other Classes(Intimation fee)
- The entire application fee must be collected via demand draft only through PNB Bank, and no other means will be accepted.
- In case the applicant fails to send the required application fee, he/she will not be eligible for the further process.
- Applicant fee once accepted will not be refunded whatsoever.
Salary Structure:
After undergoing all selection process held by Punjab National bank, once the individual is shortlisted they will be paid a handsome amount of 11765 INR-31540 INR with a grade pay /Allowances, DA, HRA, etc. as per rules and regulations of Bank.
Selection Process:
- Selection Process is simple, by Interview or they will be first elected through their performance in fields.
- All the Applications submitted will be verified and accordingly, candidates selected will be shortlisted.
- The list will be either displayed on the website itself, or either the applicant will be sent notification through email.
- When the applicant has completed their Interview or written test, they will be called for the next round through email. Henceforth, valid email must be submitted.
- Also, the call-letter might not be sent through mail and hence, the applicant must maintain the print out and carry with them while reaching the premises for further round.
- The shortlisted applicants according to the merit or according to reservation will be displayed.
- In interview, the applicant will be judged on their presence of their mind and answering skills.
- After this, selected aspirants will be called for Medical Examination.
How to Apply:
- The first step for the applicants is they must first log in to the official website www.pnbindia.com
- Then after homepage, a tab will appear which will say "Recruitments OR Careers", select it.
- Then after this a window will open where a tab saying "To view Detailed Adv..Hit Here for Applying for 8 Hockey Players" must be chosen.
- All detailed information must be read, rechecked and then form-filling process is what the aspirants must move on.
- All details must be filled and downloaded, this form must be posted in following address:
Chief Manager (recruitment Section),
HRM Division, Punjab national Bank,
HO: 7, Bhikaji Cama Place,
New delhi-110066
- Applicants must attach all the required documents as per need.
- All the required documents must be submitted, cross-checked, verified.
- Attested or not, the documents must be submitted likewise.
- Original Documents and certificates must be submitted for verification which may include Sports certificates, etc
- Passport sized photographs must be attached with the same pose and required background. Minimum of 3 photographs are needed to be attached.
- Caste Certificate, Birth Certificate, and Registration certificate from the list of some of the important testimonials one must submit and verify.
- Notifications details and updates must be looked after by the applicant to avoid any important detail or date to skip.
- Forms must be submitted well before the deadline; submissions before the deadline will only be accepted otherwise, will be considered invalid.
Important Dates:
All documents must be submitted and forms must be sent in before 13/06/2016 date being updated on the website.
Advertisement and Application Form Link Details:
- One can visit the official website for any redressal needed: www.pnbindia.com
- This is the link which has the advertisement of the post: https://www.pnbindia.in/new/Upload/En/DETAILED_HOCKEY_AD_FOR_BANK'S_WEBSITE_27052016.pdf
- Application form: https://www.pnbindia.in/new/Upload/En/APPLICATION_FORMAT_HOCKEY_PLAYER_2016-17_27052016.pdf
- Cash-Voucher: https://www.pnbindia.in/new/Upload/En/CASH_VOUCHER_27052016.pdf


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decided as amended.: November 16, 1977.
UNITED STATES OF AMERICA, APPELLEE,v.LOUIS MORALES, DEFENDANT-APPELLANT
Appeal from a judgment convicting appellant of criminal contempt, 18 U.S.C. § 401(3), after a jury trial before Charles E. Stewart, Judge, of the Southern District of New York, for refusal to obey court orders directing him to answer questions before a grand jury investigating possible violations of federal gambling laws.
Smith, Mansfield and Oakes, Circuit Judges.
MANSFIELD, Circuit Judge:
Appellant Louis Morales was convicted of criminal contempt, 18 U.S.C. § 401(3), after a jury trial before Judge Charles E. Stewart in the Southern District of New York and was sentenced to six months in prison. Specifically, Morales refused to obey court orders directing him to answer questions before a grand jury investigating possible violations of federal gambling laws. On appeal, he argues (1) that the grand jury before which he refused to testify lacked the power to initiate a prosecution against him without having had the matter referred to it by a district judge; (2) that he was denied an adequate opportunity to contest the legality of electronic surveillance that he alleges was the source of the questions he refused to answer; (3) that his sentence for criminal contempt, imposed after he had already been committed civilly to coerce compliance with the orders to testify, constituted double jeopardy or a denial of due process; and (4) that certain supposed errors committed by his lawyer deprived him of the effective assistance of counsel. We affirm the conviction.
Morales was subpoenaed in early 1977 to testify before a grand jury investigating possible violations of federal statutes prohibiting syndicated gambling. On March 24, Judge Wyatt granted him "use immunity," 18 U.S.C. § 6002, and ordered him to "give testimony which he refused to give on the basis of his privilege against self-incrimination." Shortly thereafter, Morales appeared before the grand jury and listened to an explanation of the implications of Judge Wyatt's order, but he declined to testify, this time on the ground that the Government had engaged in allegedly unlawful electronic surveillance of him. Pursuant to the procedure we outlined in In re Persico, 491 F.2d 1156 (2d Cir.), cert. denied, 419 U.S. 924, 42 L. Ed. 2d 158, 95 S. Ct. 199 (1974), the Government submitted to Judge Lasker for his consideration in camera an order by Judge Motley authorizing certain electronic surveillance and supporting affidavits. On April 22, Judge Lasker ruled that this material established the facial validity of the wiretap of which Morales complained and ordered him to testify, warning him at that time that he would be held in contempt if he continued to refuse. No appeal was taken from Judge Lasker's decision.
On April 28, Morales was again brought before the grand jury. The orders of Judges Wyatt and Lasker were called to his attention, and he stated that he understood the obligations those orders created and the availability of sanctions for contempt. Nevertheless, he continued to refuse to testify, repeatedly asserting his privilege against self-incrimination. In a civil contempt proceeding directed by Judge MacMahon later that afternoon, Morales listened to yet another explanation of his duty to answer and admitted that his refusal to do so was intentional and knowing. Judge MacMahon thereupon found Morales to be in contempt of court and ordered him committed until he agreed to testify.
The commitment resulting from Judge MacMahon's civil contempt proceeding was short-lived; Morales was released by order of Judge Knapp after only a few days. On May 3, he made another appearance before the grand jury. When he persisted in his refusal to answer questions he was indicted by that grand jury for criminal contempt.
Morales' jury trial, held on July 11 and 12, was a simple one; the Government read into the record transcripts of Morales' refusal to testify on April 28 and of his admission to Judge MacMahon that the refusal was willful and then rested. No defense witnesses were called.
Grand Jury's Power to Indict for Criminal Contempt
Morales' contention that criminal contempt may not be prosecuted by indictment unless a judge first refers the matter of the alleged act of contempt to the grand jury lacks merit. Many cases have tacitly or explicitly recognized the power of grand juries to hand down indictments charging criminal contempt. E.g., United States v. DeSimone, 267 F.2d 741, 743-44 (2d Cir.), vacated as moot, 361 U.S. 125, 80 S. Ct 253, 4 L. Ed. 2d 167 (1959) (grand jury presentment); Steinert v. United States District Court, 543 F.2d 69, 70-71 (9th Cir. 1976); United States v. Mensik, 440 F.2d 1232 (4th Cir. 1971) (per curiam); United States v. Sternman, 415 F.2d 1165 (6th Cir. 1969), cert. denied, 397 U.S. 907, 25 L. Ed. 2d 88, 90 S. Ct. 903 (1970); United States v. Eichhorst, 544 F.2d 1383 (7th Cir. 1976); United States v. Bukowski, 435 F.2d 1094, 1103 (7th Cir. 1970), cert. denied, 401 U.S. 911, 27 L. Ed. 2d 809, 91 S. Ct. 874 (1971).*fn1
Reversal would not therefore be warranted unless Morales could demonstrate that his indictment prejudiced him - for example, by failing to accord him the notice or other rights provided by Rule 42, F.R.Civ.P.,*fn2 see DeSimone, supra, 267 F.2d at 743-44; Mensik, supra, 440 F.2d at 1234. Here no such showing has been made. Morales does not claim that the indictment deprived him of notice or any of the other rights provided by Rule 42(b). The record and the jury's verdict belie his suggestion that the prosecutor's decision to seek an indictment was vindictive or arbitrary. Nor can he complain of the fact that he was indicted by the grand jury that witnessed his refusals to testify. We have recently reaffirmed the constitutionality of this practice, Langella v. Commissioner of Corrections, 545 F.2d 818, 822-23 (2d Cir. 1976), cert. denied, 430 U.S. 983, 97 S. Ct. 1679, 52 L. Ed. 2d 377 (1977), recognizing that a grand jury that has observed a witness' demeanor on the stand is in "a superior position" to determine whether his non-immunized testimony should subject him to criminal liability. United States v. Camporeale, 515 F.2d 184, 189 (2d Cir. 1975).*fn3 In short, absent a showing of specific prejudice, we cannot presume that the grand jury here, an institution designed for the protection of an accused against official oppression, Ex parte Bain, 121 U.S. 1, 11, 30 L. Ed. 849, 7 S. Ct. 781 (1887); Toth v. Quarles, 350 U.S. 11, 16, 100 L. Ed. 8, 76 S. Ct. 1 (1955); Smith v. United States, 360 U.S. 1, 9, 3 L. Ed. 2d 1041, 79 S. Ct. 991 (1959); Stirone v. United States, 361 U.S. 212, 218, 4 L. Ed. 2d 252, 80 S. Ct. 270 (1960), deprived Morales of any substantial rights.
Morales also argues that to allow a grand jury to initiate prosecutions for criminal contempt sua sponte would interfere with the courts' exercise of their power to secure compliance with their orders and to vindicate their authority generally. See United States v. Leyva, 513 F.2d 774, 778-79 (5th Cir. 1975); In re Amalgamated Meat Cutters & Butcher Workmen, 402 F. Supp. 725, 736 (E.D. Wisc. 1975). Under the circumstances of this case, we disagree. The court below retained the exclusive power, which was exercised without success before the indictment was filed, to coerce the recalcitrant witness to testify, and the indictment in no way limited Judge Stewart's authority to sentence Morales as he saw fit. Having defied the court, Morales is hardly in a position to assert its interest in vindicating its authority.
Refusal to Furnish Grand Jury Witness With Documents Pertaining to Court-Authorized Electronic Surveillance
The substance of Morales' wiretapping claim is that Judge Stewart erred in refusing to require disclosure of the court order authorizing electronic surveillance of him and supporting affidavits.*fn4 Morales concedes, as he must, that Judge Lasker's in camera examination of these documents and resulting determination that the Government's wiretap was facially valid were a sufficient basis for finding him in civil contempt and committing him until he might agree to testify.*fn5 In re Persico, supra; In re Millow, 529 F.2d 770, 773 (2d Cir. 1976). Nevertheless, Morales contends that he became entitled to a more comprehensive inquiry into the legality of the Government's electronic surveillance when he was charged with criminal contempt, since, he argues, the danger that a full-blown suppression hearing would delay the grand jury's investigation, admittedly an important factor in our Persico decision, no longer existed by that time. While Morales' interpretation of Persico has superficial appeal, we think that it rests on an overly narrow view of the considerations we found compelling there.*fn6
In Persico, we resolved an apparent conflict in Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510, et seq.,*fn7 between § 2515 and § 2518(10)(a). Section 2515 provides:
"Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any proceeding in or before any . . . grand jury . . . if the disclosure of that information would be in violation of this chapter."
In Gelbard v. United States, 408 U.S. 41, 33 L. Ed. 2d 179, 92 S. Ct. 2357 (1972), the Supreme Court made this section available as a defense to contempt charges based on a refusal to answer questions derived from illegal wiretapping before a grand jury. Because of the procedural posture of that case, however, the Court could assume for the purposes of its decision that the Government's wiretap failed on its face to comply with the requirements of Title III. 408 U.S. at 46-47.*fn8
In Persico, by contrast, a grand jury witness persisted in his refusal to testify even after an in camera examination of a court order had established the facial validity of a contested wiretap. Consequently, we had to determine the extent to which Congress had intended to limit the effect of § 2515 by restricting the class of persons who could move to suppress the fruits of illegal wiretaps, see § 2518(10)(a).*fn9 We held that grand jury witnesses did not have the right to move for suppression hearings, either before the grand jury or in associated civil contempt proceedings, stating:
"We hold that in contempt proceedings initiated when a witness who has been granted 'derivative use' immunity refuses to answer questions propounded by a grand jury because he claims he is entitled to a hearing to ascertain whether the questions posed are the product of unlawful electronic surveillance the witness is not entitled to a plenary suppression hearing to test the legality of that surveillance. We hold that the refusal would be permissible only if there is an absence of a necessary court order or if there is a concession from the Government that the surveillance was not in conformity with statutory requirements or if there is a prior judicial adjudication that the surveillance was unlawful."*fn10 491 F.2d at 1162.
Morales argues that a different rule should apply in criminal contempt proceedings instituted after the grand jury's term has expired, since there is no longer any need to facilitate the smooth functioning of the grand jury's investigation by avoiding delays attributable to suppression proceedings. We disagree. In Persico, we also grounded our decision heavily on the legislative history of §§ 2515 and 2518(10)(a), particularly the Senate Report, which stated:
"Paragraph (10)(a) provides that any aggrieved persons, as defined in section 2510(11), discussed above, in any trial hearing or other proceeding in or before any court department, officer, agency, regulating body or other authority of the United States, a State, or a political subdivision of a State may make a motion to suppress the contents of any intercepted wire or oral communication or evidence derived therefrom. This provision must be read in connection with sections 2515 and 2517, discussed below, which it limits. It provides the remedy for the right created by section 2515. Because no person is a party as such to a grand jury proceeding, the provision does not envision the making of a motion to suppress in the context of such a proceeding itself. Normally, there is no limitation on the character of evidence that may be presented to a grand jury, which is enforcible by an individual. (United States v. Blue , 384 U.S. 251, 86 S. Ct. 1416, 16 L. Ed. 2d 510 (1965).) There is no intent to change this general rule. It is the intent of the provision only that when a motion to suppress is granted in another context, its scope may include use in a future grand jury proceeding. " (Emphasis added). S. Rep. No. 1097, 90th Cong., 2d Sess., printed in 1968 U.S. Code Cong. & Ad. News 2195.
In our discussion of this report, we made it clear that a civil contempt proceeding is not a proceeding "in another context" in which a motion to suppress can be made by a recalcitrant witness, even though such a person might at first blush appear to be "an aggrieved person" to whom § 2518(10)(a) gives that right. We pointed out that the civil contempt "mechanism is so intimately connected with the grand jury proceedings in which the testimony is desired as to be really a part of those proceedings," and that the Senate envisaged only that successful motions to suppress made in "another context" would bar the use of the fruits of an illegal wiretap in future grand jury proceedings. 491 F.2d at 1162.
The same can be said of the criminal contempt "mechanism." First, criminal contempt prosecutions are "intimately connected" with grand jury proceedings, since the prospect of criminal sanctions could well induce a recalcitrant witness to cooperate with the grand jury during its existence, particularly if its term was about to expire at the time of the witness' initial refusal to answer.*fn11 During that crucial period the court should be in a position to point out to the witness that a refusal to answer would be contemptuous for both civil and criminal purposes. Thus, although the interpretation of § 2515 and § 2518(10)(a) urged by Morales would not necessarily interrupt grand jury investigations, it might well hamper a grand jury's smooth performance of its duties. Second, we think that Congress' statement that its intent was only to provide a means of barring the use of evidence in "future" grand jury proceedings disposes of Morales' claim that he is entitled to a suppression hearing to legitimate his refusal to answer in past grand jury proceedings. For these reasons we hardly think that Congress intended §§ 2515 and 2518(10)(a) to be interpreted in a fashion that would permit a single refusal to obey a court order to be treated as contempt in a civil proceeding but not in a subsequent criminal proceeding. Accordingly we conclude that Morales was entitled to no more extended procedure than that which he received -- Judge Lasker's in camera examination of the relevant documents.*fn12
Miscellaneous Other Contentions
Morales' remaining contentions may be quickly dispatched. That he was found in contempt in both a civil proceeding before Judge MacMahon and a criminal proceeding before Judge Stewart, and was confined by both judges for the same acts of contempt, gives rise to no double jeopardy or due process claim. As the Supreme Court stated in Yates v. United States, 355 U.S. 66, 74-75, 2 L. Ed. 2d 95, 78 S. Ct. 128 (1957):
"The civil and criminal sentences served distinct purposes, the one coercive, the other punitive and deterrent; that the same act may give rise to these distinct sanctions presents no double jeopardy problem. Rex Trailer Co. v. United States, 350 U.S. 148, 150, 100 L. Ed. 149, 76 S. Ct. 219 (1956); United States v. United Mine Workers, 330 U.S. 258, 299, 91 L. Ed. 884, 67 S. Ct. 677 (1947). . .. Indeed, the more salutary procedure would appear to be that a court should first apply coercive remedies in an effort to persuade a party to obey its orders, and only make use of the more drastic criminal sanctions when the disobedience continues."
See United States v. Marra, 482 F.2d 1196, 1202 (2d Cir. 1973); United States v. Aberbach, 165 F.2d 713, 714 (2d Cir. 1948). The Court has since reiterated its statement in Yates to the effect that a judge should always determine first the feasibility of coercing testimony through the imposition of civil contempt sanctions before resorting to criminal sanctions. Shillitani v. United States, 384 U.S. 364, 371 n.9, 16 L. Ed. 2d 622, 86 S. Ct. 1531 (1966). Thus, the procedure followed in this case was not only not erroneous, it was "salutary."
Morales' argument that he was denied the effective assistance of counsel stems from the introduction into evidence of the transcript of his admission to Judge MacMahon that his refusal to testify before the grand jury was willful. Morales' appellate counsel now contends that his trial attorney should have advised him not to make the admission in the first place and should in any event have objected to the use of the transcript at trial. Neither supposed "error" was such as to "shock the conscience of the Court and make the proceedings a farce and mockery of justice," United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950, 94 L. Ed. 586, 70 S. Ct. 478 (1950), or to violate any other more stringent standard that we have considered adopting, Rickenbacker v. Warden, 550 F.2d 62, 65-66 (2d Cir. 1976), petition for cert. filed, 434 U.S. 826, 98 S. Ct. 103, 54 L. Ed. 2d 85, 46 U.S.L.W. 3093 (1977). Morales' trial lawyer's apparent decision that his client's interests would best be served by a frank colloquy with Judge MacMahon, viewed in light of a massive amount of other evidence of Morales' willfulness, was certainly not unreasonable.*fn13 Once Morales had effectively waived his Fifth Amendment privilege before Judge MacMahon, of course, there existed no valid grounds for objecting to the admission into evidence of the transcript. See F.R.Evid. § 801(d)(2) (admissions against interest not hearsay). It was hardly evidence of incompetence for Morales' lawyer to have failed to object to admissible evidence.*fn14
The conviction is affirmed.
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Appeal from the Circuit Court of Calhoun County; the Hon.
Alfred L. Pezman, Judge, presiding.
Pillage on the Mississippi.
A modern day brigand boarded a moored vessel, plundered the craft, and made off with the spoils.
Burglary and theft — jury — guilty — six years.
We affirm.
On Sunday, August 9, 1981, the Williams family — who reside in Missouri — went on a family outing. They sailed their boat, a 25-footer with an enclosed cabin that sleeps five persons, across the Mississippi River to Royal Landing in Calhoun County, Illinois. Before disembarking, Mr. Williams placed his wallet in his wife's purse and put the purse in the V-berth of the boat. The family spent four to five hours at Royal Landing swimming and picnicking. They were about 50 yards from their boat, but could not always see it, as their vision was partially blocked by a clump of bushes. The members of the family occasionally returned to the boat to retrieve food or drink or to use the bathroom facilities on board. They noticed nothing untoward at these times.
Sometime between 5 and 6 p.m., Mr. and Mrs. Williams and their daughter boarded their boat and sailed for home. When they reached port, they discovered that the purse and wallet which had been in the V-berth were missing. Mr. Williams and his family again set sail for Royal Landing and, upon their arrival at approximately 8 p.m., they found the beach deserted. A search of the area turned up Mrs. Williams' purse (which had been pushed down in the mud some 30 to 40 feet from where the boat had been moored earlier in the day), but was otherwise unsuccessful.
Meanwhile, unbeknownst to the Williams family, conservation police officers were at another area of Royal Landing investigating a report of a vehicle parked in a restricted area. Officers Will, Stumpf, and Ulery had arrived at the landing at 7:30 p.m. The officers observed a white Chevy pickup stuck in the sand in a restricted area. Five persons, including defendant John Klein, were with the disabled vehicle. All five appeared to be intoxicated. When Will and Stumpf attempted to ascertain ownership of the truck, the five were initially uncooperative, but Dan Harwood eventually claimed that the truck was his. Harwood gave the officers permission to search the cab of the truck for the keys to its ignition. In the course of this search, seven credit cards, in the names of Glenn and Jacqueline Williams, were discovered under a loose piece of carpeting on the floor of the truck. Klein initially explained the presence of the cards by stating that they belonged to a friend of his.
Following a license check of the white Chevy, which revealed that its plates were registered to a 1974 El Camino owned by Glenn Jolly of Florissant, Missouri, Klein, his companions, and the truck were taken to the Calhoun County Jail. At this point, the police obtained a phone number for Glenn Williams and placed a call. The phone rang at the Williams home just as the family was returning from their second trip to Royal Landing.
After ascertaining that the credit cards had been stolen, Officer Will administered Miranda warnings to Klein and questioned him about the cards. Klein indicated that he had found a wallet on the beach, removed the cards, put them under the carpet on the floorboard of his truck, and threw the wallet into the water. At this point, the police also learned that the truck they had impounded was registered to defendant, not Dan Harwood. Klein also informed the police that no one saw him find the wallet or put the cards in the truck.
The following morning, Mr. Williams returned to Calhoun County and identified the credit cards as belonging to his wife and himself. Williams also returned to Royal Landing where he found his wallet and the rest of his cards in some brush 200 yards from where his boat had been moored the previous day. The brush was in a direct line between the boat and where Klein's truck had been stuck.
Klein was charged with burglary and theft and posted bond. Following his conviction, he was sentenced to six years' imprisonment for burglary and 364 days for theft. His bond was also ordered forfeited when it was shown that he had been arrested for bank robbery in Missouri. Klein argues before this court that he was not proved guilty beyond a reasonable doubt of burglary and that the credit cards seized from his truck should have been suppressed. He also alleges error in ordering his bond forfeited.
• 1 The question of whether the State sustained its burden of proof on the burglary charge turns on whether the jury should have been allowed to infer guilt from Klein's exclusive possession of recently stolen property. This subject was recently addressed by our supreme court. The inference is only permissible if: (1) there is a rational connection between possession and participation; (2) guilt of burglary more likely than not flows from possession; and (3) there is evidence which corroborates the inference. (People v. Housby (1981), 84 Ill.2d 415, 420 N.E.2d 151.) The same evidence will apparently satisfy all three prongs of the test. See People v. Johnson (1982), 103 Ill. App.3d 564, 431 N.E.2d 1381.
• 2 There is no doubt that those three prongs were satisfied in this case. An explanation of possession given by a defendant which is not credible or indicates dishonesty will justify application of the presumption. Housby; People v. Felters (1982), 105 Ill. App.3d 1066, 433 N.E.2d 368; Johnson; People v. Bailey (1982), 103 Ill. App.3d 503, 431 N.E.2d 723.
Here, Klein gave conflicting stories explaining his possession of the credit cards and both stories were inconsistent with the physical evidence. Klein's explanation that he found the wallet on the beach and did not attempt to locate its owner — along with the fact that the credit cards were secreted under carpeting on the floor of his truck — indicates dishonest possession. Compare People v. Ross (1981), 103 Ill. App.3d 883, 431 N.E.2d 1288, which reversed the defendant's burglary conviction in view of his explanation that he found the stolen stereo in an alley (which contained numerous articles of apparently abandoned property) and the fact that he did not attempt to conceal the stereo, but had it in plain view in the open trunk of his car.
Additionally, the burglary in this case occurred sometime between 12 noon and 5 p.m. on August 9, 1981. Klein was found to possess credit cards stolen in the burglary at 7:30 p.m. on the same day. At the time, Klein was only 250 to 300 yards from where the burglary had occurred. Other items taken in the burglary were found in a direct line between where the burgled boat had been moored and where Klein was arrested.
In People v. Phoenix (1981), 96 Ill. App.3d 557, 421 N.E.2d 1022, this court ruled that where the defendant testified that he purchased the stolen goods and there was no other evidence corroborating the defendant's guilt of burglary, there was not sufficient evidence to prove beyond a reasonable doubt that the defendant was guilty. The situation in the case at bench, however, is distinguishable from the situation in Phoenix. There, the defendant offered one explanation for his possession of the stolen goods — he purchased it. Here, as we noted earlier, Klein gave conflicting explanations for his possession of the credit cards. First, he said they belonged to a friend; later he said that he had found them on the beach. Inconsistent explanations of the possession of stolen property give rise to a reasonable inference that the defendant's story is false and provide sufficient corroboration of the defendant's participation in a burglary. (Bailey; Johnson.) Therefore, it was not error to allow the jury to make the inference, and Klein was proved guilty of burglary beyond a reasonable doubt.
• 3 Just prior to trial, Klein moved to suppress the seven credit cards found in his truck on the grounds that they were the fruit of a nonconsensual search conducted without a warrant and without probable cause. The trial judge denied the motion, and defendant made no further objection to the admission of the cards — either at trial or in a post-trial motion. We therefore consider any error to have been waived. People v. Neville (1976), 42 Ill. App.3d 9, 355 N.E.2d 179; accord, People v. Stark (1978), 59 Ill. App.3d 676, 375 N.E.2d 826.
Even if the issue were properly before us, we would decline to reverse. A trial court's decision on a motion to suppress is presumptively correct and should not be disturbed unless it is manifestly erroneous. (People v. Clay (1973), 55 Ill.2d 501, 304 N.E.2d 280.) The court below found that the search here was incident to a lawful arrest. We conclude that such finding was not manifestly erroneous.
• 4 A warrantless search of an accused — and areas within his control — is proper where (1) the police have probable cause to arrest, and (2) a custodial arrest is actually made (whether or not one is mandated). (See Gustafson v. Florida (1973), 414 U.S. 260, 38 L.Ed.2d 456, 94 S.Ct. 488.) Whether or not a custodial arrest is made depends not on the label attached to police action, but on the degree of intrusion made upon interests protected by the fourth amendment. See Dunaway v. New York (1979), 442 U.S. 200, 60 L.Ed.2d 824, 99 S.Ct. 2248.
There can be no doubt that there was probable cause to arrest here. Defendant's vehicle was in a restricted area in violation of the laws of this State. The facts also tend to support a finding that a custodial arrest was made prior to the search which yielded the credit cards sought here to be suppressed. Some effort was made to keep the defendant and his four companions from "wandering off" while they were at Royal Landing. Officer Will indicated that he intended to take defendant's vehicle into custody at the time he began to look for its keys. And, it is of no minimal consequence that defendant was actually taken into custody before it was known that the credit cards he possessed were stolen. The actions of the officers in this case were reasonable.
• 5 Furthermore, the officers had every reason to believe that they had the owner's consent to search the cab of the truck. When Harwood claimed ownership of the truck and gave the officers permission to search the cab, Klein was there, heard Harwood's consent to the search and did not object. Klein cannot now argue that the search was illegal because he did not give his consent.
• 6, 7 We do agree, however, that it was error to order forfeiture of Klein's bond. Forfeiture is appropriate only where a defendant fails to appear, and such was not the case here. The State concedes error and, on the authority of In re E.H. (1979), 78 Ill. App.3d 854, 397 N.E.2d 571, we reverse.
Conviction and sentence affirmed, order of bond forfeiture reversed.
GREEN and MILLER, JJ., concur.
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I'll get some down and dirty insurgent thinking up tomorrow. In the meantime, here's some of my thinking on a strategic concept that could direct the development of autonomous robotics. It's called cognitive dominance. Cognitive dominance is the ability to... Continue reading
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UWLA is proud to have Andre Birotte speak at this year's commencement. Birotte has faced many challenges during his legal career and has continually overcome them. He now sits in the U.S. Attorneys office as appointed by Pres. Obama. Birotte like many UWLA students has struggled throughout his process to his current appointment. However his unparalleled drive has him where he is today. We at UWLA see him as an inspiration to us all.
Birotte was born in Newark, New Jersey, in 1966. Birotte graduated from Tufts University with a degree in psychology and received his J.D. from Pepperdine University School of Law. After graduating from law school, Birotte was a deputy public defender in Los Angeles. In 1995, he became an assistant U.S. attorney. Four years later, he joined Quinn Emanuel Urquhart & Sullivan where he represented individuals charged with white collar crime.
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