text: tag:blogger.com,1999:blog-92401812017-02-26T19:15:16.026-05:00Defense Newsletter BlogDecisions in Criminal Cases by the Court of Appeals for the Eleventh CircuitPaul M. Rashkindhttp://email@example.com:blogger.com,1999:blog-9240181.post-33003480384353651112017-02-21T15:13:00.002-05:002017-02-21T15:13:31.980-05:00Vargas: Duration of traffic stop not unreasonableIn U.S. v. Vargas, No. 16-14714 (Feb. 16, 2017), the Court affirmed the denial of a motion to suppress evidence on Fourth Amendment grounds, rejecting the argument that the police detained the defendant for an unreasonable time after a traffic stop. The Court pointed out that neither the driver nor the passenger of the vehicle that had been pulled over for a traffic infraction had a driver's license. The police therefore had a duty to continue to detain them, and prevent them from driving off. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-52943682948382000342017-02-14T12:03:00.002-05:002017-02-14T12:03:34.700-05:00Votrobek: Georgia and Florida conspiracies were separateIn U.S. v. Votrobek, No. 14-12790 (Feb. 13, 2017), the Court affirmed the convictions and sentences of defendants convicted of conspiring to distribute drugs and money laundering. The Court rejected the argument that Double Jeopardy barred prosecution for a Georgia conspiracy on the ground that it was the same conspiracy for which a defendant was acquitted after a jury trial in Florida. The Court concluded that the defendant committed two separate conspiracies, noting that the conspiracies did not overlap in time, and involved different co-conspirators. Though the offenses were almost identical, this factor is least important to the Double Jeopardy analysis. Moreover, the overt acts were different – and the conspiracies took place in two separate States: Florida and Georgia. The Court also rejected a challenged failure to hold a Franks hearing to determine whether the probable cause affidavit supporting a warrant lacked a basis. The Court cited the information detailed in the affidavit, and found that it supported the need for a wiretap. The Court further rejected the argument that the district court should have given an "entrapment by estoppel" defense jury instruction. Entrapment by estoppel occurs when a defendant reasonably relies on an official's approval of the conduct at issue. Here, at no point did an official communicate to a defendant that his conduct was in compliance with the law. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-24851793987659213352017-02-01T13:30:00.000-05:002017-02-01T13:30:04.297-05:00Scheels: Enhancement for sadistic conduct In U.S. v. Scheels, No. 15-15405 (Jan. 31, 2017), the Court rejected the argument that the four level enhancement of U.S.S.G. § 2G2.1(b)(4) for an offense involving material that portrays sadistic or masochistic conduct should not apply when the sadistic or masochistic conduct in the pornography was directed at the defendant, not at the child victim. The Court pointed out that the Guideline covered conduct that "involved" sadistic or masochistic conduct, not that the conduct be directed at the victim. The Court noted past cases involving conduct directed at the victim, but found that these cases merely hold that conduct directed toward a child is sufficient to warrant the enhancement, not that it is necessary. The Court affirmed the 600-month sentence. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-57482357708425650282017-01-25T13:35:00.002-05:002017-01-25T13:35:54.224-05:00Golden: Turner remains binding precedent In United States v. Golden, No. 15-15624 (Jan. 24, 2017), the Court held that it was bound by its precedent in Turner v. Warden Coleman FCI to hold that a Florida conviction for aggravated assault, in violation of Fla. Stat. § 784.021, constitutes a crime of violence for Guideline enhancement purposes. [Jill Pryor, J, concurring, urged the Court to reconsider the viability of Turner en banc. She argued that Turner conflicts with other Circuit precedent, and with the analytical approach of subsequent Supreme Court cases. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-39949458079174562072017-01-18T17:05:00.000-05:002017-01-18T17:05:30.161-05:00Stein: Signalife investor loss amount vacated In United States v. Stein, No. 14-15621 (Jan. 18, 2017), the Court affirmed all fraud convictions arising out of a scheme to inflate the stock price of Signalife, but vacated his conviction and remanded for resentencing. The Court rejected Stein's Brady claim, finding that the evidence at issue was exculpatory, and was available to him with reasonable diligence. The Court also rejected Stein's Giglio claim, finding that the prosecution did not speak falsely, and its statements did not involve testimony that would have materially affected the judgment. Turning to the sentence, the Court noted that the district court calculated the loss amount based on a finding that all 2, 415 shareholders who owned shares of stock of the company whose value Stein inflated suffered a loss during the period the stock was artificially inflated. The Court noted that there was no direct evidence, and insufficient circumstantial evidence, that 2,415 investors relied on the fraudulent information Stein disseminated. The Court noted that on remand, the district court could try again to prove the losses of the Signalife investors, or rely on the defendant's actual gain, instead of the actual loss, as a measure of the loss for Guideline purposes. The Court also agreed with Stein that, in calculating loss, the district court erroneously failed to account for "intervening events" that may have affected the stock price, specifically, the short-selling of over 22 million shares of Signalife and the across-the-board decline of the market in 2008. The Court instructed the district court to determine whether these intervening events affected the price of Signalife, and, if so, whether Stein reasonably foresaw this. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-50764522017956219252017-01-12T16:49:00.002-05:002017-01-12T16:49:32.656-05:00Garcia-Martinez: Florida Second Degree Burglary is not a Violent Felony In U.S. v. Garcia-Martinez, No. 14-15725 (Jan. 11, 2017), the Court held that a prior conviction for second-degree burglary of a dwelling in violation of Fla. Stat. § 810.02(3) does not count as a violent felong for purposes of USSG 2L1.2(b)(1)(A)(ii). Noting a Circuit conflict on the meaning of a "dwelling," and siding with the majority view, the Court held that a generic dwelling is a space intended for use as "a human habitation." Florida, however, includes the "curtilage" of a space within its definition of a "dwelling." This takes Florida's definition outside the generic definition. Further, the dwelling and the curtilage are not alternative elements of a burglary, just different means of committing the offense. Thus, the locational element is indivisible. The Court therefore vacated the sentence and remanded for resentencing. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-74404141139950079852016-12-22T12:19:00.000-05:002016-12-22T12:19:01.883-05:00Rushin: Defense precluded from asking cooperating witnesses about specific future sentences In U.S. v. Rushin, No. 14-15622 (Dec. 21, 2016), the Court affirmed the convictions and sentences of prison guards charged with abusing prisoners and covering up the incidents. The Court declined to address whether the district court erroneously limited one defendant's counsel CJA voucher, finding that no appellate jurisdiction existed because the notice of appeal did not indicate that counsel intended to participate as an appellant. The Court rejected the defendants' challenge to the district court's ruling that during cross-examination of the government's cooperating witnesses who had pled guilty, the defense could not inquire regarding the specific sentences these cooperating witnesses might have received, absent their cooperation. The Court noted that the defendants were permitted to ask whether the cooperating witnesses would have faced a more severe penalty, or expected a lesser sentence. However, "the precise number of years the cooperating witnesses may have faced provides little, if any, value above those questions defense counsel were permitted to ask." Moreover, "due to the fact that the sentence range applicable to these witnesses would reveal the sentence range for defendants, the proposed additional examination could invite jury nullification. The risk of jury nullification is accentuated by the fact that defendants were guards and the victims prisoners." The Court also rejected the defendants' claim that the district court unduly limited their defense when it precluded them from introducing evidence of "unrelated inmate violence." The Court explained that unrelated inmate violence did not make the defendants' assaults more or less likely or more or less justified. Moreover, jury nullification appeared to be the reason for introducing this evidence – an improper basis. Turning to sentencing, the Court rejected the argument that the district court unduly relied on the conduct underlying the civil rights violations, for which the defendants were acquitted, to punish them for obstruction of justice. A district court may rely on acquitted conduct at sentencing. [Jordan, J., concurring, stated that in certain cases it could be a Confrontation Clause error to preclude the defense from asking a cooperating witness about the mandatory minimum sentence he would otherwise be facing.] Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-33878067060225249702016-12-07T16:19:00.000-05:002016-12-07T16:19:18.494-05:00Green: Harmless Rule 404b errors In U.S. v. Green, No. 14-12830 (Nov. 30, 2016), the Court affirmed the conviction and sentence of 262 months for a defendant charged with being a felon-in-possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The Court rejected Green's challenge to the sufficiency of the evidence: Green was hiding in the same room in which the firearm was discovered, had been living at this residence, and had admitted to the arresting officer that the firearm was his. The Court also rejected the argument that Green's admission was uncorroborated and therefore should not have been considered, finding that there was circumstantial evidence of constructive possession. The Court agreed with Green that the district court should have redacted the indictment's reference to prior "crimes" in the plural, given that Green had stipulated to having a single prior conviction. The Court recognized that communicating to the jury that a defendant could have "dozens of convictions" increases the risk of unfair prejudice. However, the error was harmless in light of the significant circumstantial evidence. The ammunition possession conviction that the government relied on for purposes of Rule 404(b) had been entered after Green pled nolo contendere to the charge. Citing Federal Rule of Evidence 803(22), which precludes the use of a nolo plea to prove the truth the matter asserted in a judgment of conviction, the Court concluded that the admission of Green's prior conviction was insufficient to prove that Green actually committed the prior act at issue. However, again, the error was harmless in light of the "ample" evidence "independent of the Rule 404(b) conviction," supporting guilt. Moreover, the nolo conviction was "not emphasized during trial or closing argument," as the district court gave a cautionary Rule 404(b) instruction, and the prosecutor in closing told the jury that the 404(b) conviction was only admitted for the "very limited purpose" of showing whether Green had the "intent" to possess the items at issue. Turning to the sentence, the Court found no error in sentencing Green under the Armed Career Criminal Act ("ACCA"), based on prior Florida battery convictions. The Court noted that the Supreme Court left open the possibility of relying on Shepard documents to determine whether a prior battery conviction qualified as a "crime of violence." Here, these documents (the agreed factual basis for Green's nolo plea) indicated that Green "struck" another against his will. Specifically, that the victim said that Green "hit him in the face." Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-45493887161006435552016-11-30T13:24:00.002-05:002016-11-30T13:24:49.136-05:00Cobb: Affirming 324-month sentence for fraudulent tax return filingsIn U.S. v. Cobb, No. 15-12817 (Nov. 30, 2016), the Court affirmed the 324-month sentence of a defendant convicted of mail and wire fraud conspiracy, aggravated identity theft, and firearm possession, in a scheme involving using stolen identities to file hundreds of fraudulent tax returns. The Court rejected Cobb's challenge to the $2.5 million loss amount to support an 18-level sentence enhancement, and the determination that the offense involved more than 250 victims, finding that the government presented sufficient evidence to support these calculations. The Court also rejected the challenge to the $1.8 million restitution award, finding that this was the amount of money the Internal Revenue Service paid out. The Court found that Cobb waived a challenge to the sentence enhancement for use of an unauthorized access device, and a challenge to the finding that a prior serious drug offense qualified him for an enhanced sentence, finding that he withdrew his objections to these enhancements at the sentencing hearing. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-78329899438289734572016-11-30T13:01:00.000-05:002016-11-30T13:01:38.633-05:00Ammar: Speedy Trial Act violationIn U.S. v. Ammar, No. 13-12044 (Nov. 29, 2016), the Court vacated a defendant's conviction because of a violation of the Speedy Trial Act, and remanded for the district court to consider whether the dismissal of the indictment should be with, or without, prejudice. On September 1, 2011, Ammar was indicted, with other defendants, in a case in which the government was contemplating seeking the death penalty. This indictment started the 70-day Speedy Trial Act deadline. However, over Ammar's repeated objections, the district court set the case for trial one year later. The district court rejected Ammar's motion to dismiss for a Speedy Trial Act violation on the ground that the trial date was "by agreement of everybody." This finding was factually inaccurate, as Ammar had repeatedly objected to the length of the delay. Further, an agreement of the parties does not satisfy the required "ends of justice" finding to justify tolling the Act's 70-day deadline. The Court rejected the argument that a district court need not utter "magic words" to toll the deadline, finding that, even if this were possible, here the district court explicitly declined to make ends-of-justice findings, relying instead, erroneously, on the "agreement of everybody." The Court left it to the district court to apply the statutory factors and make the determination whether the indictment should be dismissed with or without prejudice. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-29935814897401771532016-11-28T14:54:00.002-05:002016-11-28T14:54:25.992-05:00Gundy: Georgia burglary qualifies as generic burglaryIn U.S v. Gundy, No. 14-12113 (Nov. 23, 2016), the Court (2-1) held that a Georgia burglary conviction qualified as a "crime of violence" for purposes of the Armed Career Criminal Act (ACCA). The Georgia statute defined burglary as unlawful entry "within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another . . ." The Court recognized that this definition swept more broadly than generic burglary, because it encompassed not only entry into buildings, but also into vehicles. However, based on Georgia caselaw, which requires an indictment to specify the location of an alleged burglary, the Court concluded that each of the locations were "locational elements," not merely alternative means of committing burglary. As a result, the statute was "divisible." Each location was a separate crime. Thus, the Court could examine the record of Gundy's prior burglaries to determine whether Gundy's prior burglaries qualified as generic burglaries. Because Gundy's prior burglaries involved a "dwelling house" or a "business house," they all qualified as generic burglaries for ACCA purposes. [Jill Pryor, J., dissenting, interpreted Georgia's standard jury instructions' reference to "building or dwelling" as referring to a single element, not as identifying separate crimes, and noted that, in burglary trials, Georgia juries are not required to agree on the type of dwelling at issue]. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-11208873832241499872016-11-28T12:30:00.002-05:002016-11-28T12:30:25.458-05:00Error in verdict form merely clericalIn U.S. v. Davis, No. 15-10927 (Nov. 22, 2016), the Court rejected the argument that the trial court erred when it amended the judgments to change a count of conviction from "Robbery" in violation of 18 U.S.C. § 924(c), to possession of a firearm during a crime of violence in violation of § 924(c). The Court noted that the error in the initial judgment arose out of a mistake in the jury's verdict form. However, the indictment, the parties' closing arguments, the jury instructions, and the jury's questions during deliberations indicate that it understood that the charge in this count was not "robbery," but a § 924(c) firearm violation. Moreover, the overwhelming evidence in the case supported this conviction. The jury "inescapably" found that the defendants "used a gun." The error in the verdict form was merely clerical. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-84289167726099753882016-11-21T11:21:00.000-05:002016-11-21T11:21:07.523-05:00Esprit: Florida burglary is not an ACCA "crime of violence"In U.S. v. Esprit, No 14-13066 (Nov. 21, 2016), the Court held that, post-Johnson, Florida burglary in violation of Fla. Stat. § 810.02(1)(b)(1) is not a "crime of violence" for purposes of a sentence enhancement under the Armed Career Crimnal Act (ACCA). The Court determined that Fla. Stat. § 810.02(1)(b)(1) is an "indivisible" statute, because a jury is not required in its verdict to identify the means that were used to commit the burglary, whether by entering a building or entering a building's "curtilage." Unlawful entry of a building or its curtilage are possible alternative means of committing the offense of burglary, not alternative elements of the burglary offense. As a result, the "modified categorical approach," which authorizes examining the facts underlying a conviction, does not apply. Consequently, since the Supreme Court in James held that the inclusion of "curtilage" in Florida's burglary offense takes this offense outside the definition of generic burglary, which requires entry into, or remaining in, a building or other structure, Florida burglary did not qualify as a "crime of violence." The Court therefore vacated Esprit's sentence and remanded to the district court with instructions that he be resentenced without the ACCA enhancement. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-68940486045590269622016-11-18T14:03:00.000-05:002016-11-18T14:03:21.226-05:00Leon: No plain error constructive amendmentIn U.S. v. Leon, No. 15-12578 (Nov. 16, 2016), the Court, on plain error review, rejected the argument that the district court constructively amended the indictment by allowing the defendant to be convicted of attempting to cause a bank not to file required currency transaction reports (CTRs) concerning currency transactions exceeding $10,000. The Court recognized that the word "structure" is contained in 31 U.S.C. § § 5423(a)(1), not in 5324(a)(3), the statute under which Leon was charged and convicted, and that the parties used the term "structuring" during trial. But both statutes are said to refer to a "structuring" transaction. As a result, there was no "plain error." The Court also rejected a sufficiency of the evidence challenge. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-58992340830774503232016-11-09T15:18:00.002-05:002016-11-09T15:18:56.513-05:00Hernandez-Alberto: Incompetency claim tolls habeas limitations period In Hernandez-Alberto v. Sec., Fla. Dep't of Corrections, No. 14-14092 (Nov. 4, 2016), the Court held that, for purposes of the statute of limitations governing federal habeas petitions, a properly filed Florida postconviction petition claiming incompetency remains "pending" through the final termination of the postconviction proceedings despite the state court's having found the prisoner competent before the end of those proceedings. Because the petitioner's application was properly filed, and remained so throughout the period of his postconviction proceeding, it tolled the deadline to file his federal habeas petition. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-27022159581258016352016-11-09T14:06:00.002-05:002016-11-09T14:06:58.169-05:00Fritts: 1989 Florida robbery qualifies as ACCA "crime of violence"In U.S. v. Fritts, No. 15-15699 (Nov. 8, 2016), the Court held that a 1989 armed robbery conviction in violation of Fla. Stat. § 812.13 qualified as a "crime of violence" under the Armed Career Criminal Act ("ACCA"). The Court noted that in U.S. v. Dowd, decided in 2006, it had held that a 1974 conviction for armed robber was a violent felony under ACCA. Under Dowd, a Florida armed robbery conviction qualifies under ACCA's elements clause. The Court rejected the argument that the Supreme Court's decision in Curtis Johnson altered the analysis. The Court further noted that U.S. v. Lockley, decided in 2011, had held that a 1991 armed robbery qualified as a crime of violence under the elements clause of the career offender Guideline. Lockley's reasoning also governed Fritts' 1989 conviction. The Court rejected the argument that, under Florida law, prior to 1997, only the slightest force was sufficient to convict a defendant of Florida robbery. The Court held that, to the contrary, the robbery statute required resistance that is overcome by the physical force of the offender. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-28857432078884249362016-11-07T12:05:00.000-05:002016-11-07T12:05:06.139-05:00Hughes: No speedy trial violation In U.S. v Hughes, No. 14-14181 (Nov. 4, 2016), the Court rejected the defendant's argument that his prosecution for being a felon-in-possession of a firearm should have been dismissed on Speedy Trial Act grounds. The Court found that the oral, pre-trial motion of the government for the detention of the defendant automatically triggered an excludable period from that day until the conclusion of the hearing on that motion. As a result, no Speedy Trial Act violation occurred. The Court rejected the argument that the period of delay was caused by the defendant's non-excludable motion for a continuance. The Court also rejected Hughes' claim that a juror was struck in violation of Batson. The government explained that it struck the juror because he had committed a felony and violated the terms of his resultant probation; these were not facially discriminatory reasons. The Court also rejected a Crawford v. Washington challenge to the admission of statements by a 911 caller. Citing Davis v. Washington, the Court explained that the 911 caller's statements were non-testimonial. The Court further ruled that a jury instruction that told the jury that it took account of a defendant's false exculpatory statement did not violate Hughes' right to remain silent, when evidence was introduced that Hughes (falsely) denied knowledge of the firearm that was found by law enforcement. A false statement by a defendant may be considered as substantive evidence of guilt. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-84091274510994903862016-11-02T11:59:00.002-04:002016-11-02T11:59:36.580-04:00Campo: Circumstantial evidence supports murder conviction In U.S. v. Campo, No. 14-15541 (Nov. 1, 2016), the Court affirmed the convictions and sentences of a defendant convicted of murder, firearm trafficking, and firearm possession. The Court rejected Campo's challenge to the sufficiency of the evidence, noting the circumstantial evidence that supported the verdict of conspiracy to murder. The evidence showed that Campo intended to kill a former gun trafficking accomplice in order to prevent him from communicating with police about the scheme. Campo bragged about the killing almost a year after the fact. Cell phone records placed Campo's phone near the scene of the crime at the time of the murder. DNA evidence also supported the verdict. Ballistics tests matched the firearms that were used in the murder to the type of barrel Campo used on his firearm. Sufficient evidence also supported the firearm trafficking conviction. On plain error review, the Court rejected the argument that, under Fed. R. Evid. 701, the victim's brother should not have been allowed to testify that when he called police after seeing blood in a warehouse, he told police that he thought that Campo had killed his brother. The Court noted that this opinion testimony was based on the brother's perceptions at the time, and therefore admissible. Under Fed. R. Evid. 704, this testimony was not objectionable even though it addressed an ultimate issue in the case. On plain error review, the Court also rejected the argument that it was a Double Jeopardy violation to convict Campo of causing the death of a person while using a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(j), and also of the lesser offense of using a firearm in furtherance of a crime of violence, in violation of § 924(c). The Court noted the absence of Supreme Court caselaw supporting this argument, and Circuit precedent suggesting it was without merit. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-79208272124518216652016-10-20T13:06:00.000-04:002016-10-20T13:06:24.969-04:00Seabrooks: Florida robbery is an ACCA "crime of violence"In U.S. v. Seabrooks, No. 15-10380 (Oct. 19, 2016), the Court rejected challenges to the "aiding and abetting" jury instruction, and, as to sentencing, held that prior Florida robbery convictions qualified as violent felonies under the Armed Career Criminal Act ("ACCA"). Seabrooks was convicted of aiding and abetting in the possession of a stolen firearm, and in being a felon in possession of a firearm. On plain error review, the Court rejected Seabrooks' argument based on Rosemond v. U.S. that to obtain an aiding and abetting instruction, the government must prove that a defendant had "advance knowledge" of his accomplice's actions. The Court stated that an aiding and abetting conviction does not invariably require that the aider and abettor know the extent of his confederate's criminal intentions before he initiates the offense conduct. Rather, it can apply if a defendant does not withdraw from the scene once he realizes the confederate's criminal designs he qualifies as an aider and abettor. Here, Seabrooks received the stolen firearms from his accomplice and placed them in the console of a vehicle. Further, there was no plain error regarding whether Rosemond requires advance knowledge of a principal's status as a convicted felon, as neither the Eleventh Circuit nor the Supreme Court have resolved this question. Turning to sentencing, the Court held that, under U.S. v. Lockley, a Florida armed robbery qualified as a "crime of violence" under ACCA. The Court rejected Seabrooks' argument that Lockley should be limited to post-1999 Florida robberies. The Court noted that the Florida robbery statute has not changed from the 1970s to the present. The Court further noted that since 1922, the Florida Supreme Court has held that the force that is required to make the offense a robbery is force sufficient to overcome a victim's resistance – the kind of force that qualifies an offense, under ACCA, as a crime of violence. [Martin, J., concurring, did not agree that the scope of the Florida robbery statute had not changed since the 1970s. Judge Martin noted that under McCloud, a 1976 Florida Supreme Court case, "any degree of force" sufficed to convert larceny into robbery. This rule changed in 1997, when the Florida Supreme Court decided Robinson. Seabrooks' convictions occurred in 1997, after Robinson.] Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-46273848672494594162016-10-12T13:59:00.000-04:002016-10-12T13:59:17.318-04:00Plate: jail for inability to pay restitution is improperIn U.S. v. Plate, No. 15-13928 (Oct. 5, 2016), where the district court imposed a jail sentence, in lieu of probation, because the defendant was only able to pay $40,000 toward the $142,000 she owed in restitution, the Court reversed the sentence for being substantively unreasonable,. The district court abused its discretion by giving dispositive weight to Plate's inability to pay restitution. The government recognized that the district court would have imposed a sentence of no further incarceration if Plate had been able to pay restitution. The district court based its sentence of incarceration solely on an impermissible factor. Because the district court had reiterated its earlier position when it denied Plate bond pending appeal, and characterized her arguments on appeal as "frivolous," the Court remanded the case for resentencing before a different district court judge. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-33633171943625737822016-10-07T10:45:00.000-04:002016-10-07T10:45:11.603-04:00Wilchcombe: Prosecution may comment on post-arrest/pre-Miranda silenceIn U.S. v. Wilchcombe, No. 14-14991 (Oct. 4, 2016), the Court affirmed convictions of defendants charged with drug trafficking while on board a vessel subject to U.S. jurisdiction en route from Haiti to the Bahamas. The Court rejected the defendants' argument that it should review en banc its holding in U.S. v. Campbell that the MDLEA violates Due Process because it does not require proof of a nexus between the United States and a defendant. The Court also rejected the argument that the Bahamian government's "statement of no objection" was not clear enough to inform the U.S. that the Bahamian government consented to its exercise of jurisdiction over the vessel, finding that it communicated the "substance" of consent. The Court rejected Wilchcombe's argument that his "mere presence" on the boat sufficed to sustain his conspiracy conviction, pointing out that the boat contained 895 kilograms of narcotics, much of it stored on deck, and had long been acquainted with the others on the boat, including its captain. Acknowledging that the circuits are split on whether the prosecution can comment at trial on a defendant's silence prior to being given Miranda warnings, the Court noted that in the Eleventh Circuit this is not error, and therefore not a basis for a mistrial. Even if it was error, it was harmless in light of the ample evidence of guilt, and that as to one defendant it was used for impeachment, which is permitted. The Court rejected the argument that the government destroyed the vessel in bad faith without photographing it, and in repatriating one of the occupants to Haiti. The Coast Guard allocated its resources to recovering bales thrown overboard, and it was mere "speculation" that this occupant would have provided exculpatory testimony. Finally, the Court rejected the argument that Fed. R. Evid. 404(b) precluded admission of evidence that one of the defendants was previously arrested while captaining a boat carrying drugs. This evidence tended to prove this defendant's knowledge that drugs were present, and made his lack of knowledge defense less plausible. [Jordan and Walker, JJ. concurred, but argued that Eleventh Circuit precedent holding that the government can use post arrest/pre-Miranda silence is misguided and should be reconsidered en banc, stating that the trigger for the constitutional protection of silence should be custody, not the recitation of Miranda warnings.] Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-48435396653144654982016-10-06T14:58:00.002-04:002016-10-06T14:58:59.947-04:00Takhalov: On panel rehearing, insufficient evidence on count In U.S. v. Takhalov, No. 13-12385 (Oct. 3, 2016), on panel rehearing, the Court agreed with defendant Pavlenko that insufficient evidence supported one of Pavlenko's convictions for wire-fraud. The Court ruled that American Express could not have relied on Pavlenko's purportedly fraudulent email since it received this email after it had already approved a charge. Accordingly, the Court reversed the conviction. Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-72333823795193579052016-09-28T11:34:00.002-04:002016-09-28T11:34:43.916-04:00Vail-Balon: Mere touching is not a crime of violence In U.S. v. Vail-Bailon, No. 15-10351 (Sept. 28, 2016) (2-1), the Court held that when it is committed by "mere touching,"Florida felony battery in violation of Fla. Sta. § 784.041 does not qualify as a "crime of violence" for purposes of U.S.S.G. § 2L1.2. The Court noted that § 784.041 is a "divisible" offense. Here, no Shepard-approved documents established under which alternative element Vail-Balon was convicted. The Court therefore assumed that he was convicted under for "actually and intentionally touching" a victim. Simple battery, under Florida law, contains the same touching element, and can be satisfied by any intentional physical contact, no matter how slight. But the elements clause of § 2L1.2 requires "violent force." The Court noted that at oral argument Vail-Bailon asserted that a person can be guilty of felony battery in Florida if the offender taps another person on the shoulder at the top of stairs, and the person falls down the stairs and suffers grievous bodily harm. The government did not challenge that interpretation at oral argument. Such a crime does not involve the use of "violent force." "Florida battery by mere touching cannot qualify as a 'crime of violence,' no matter what the injury resulting from the mere touching might turn out to be. Citing Leocal, which held that driving under the influence was not a crime of violence, the Court noted that an action that does not normally cause bodily harm, like touching, only qualifies as a "crime of violence" if the offender engages in it "with some type of intent to harm another." Tim Conehttp://email@example.com:blogger.com,1999:blog-9240181.post-77727705842232964442016-09-22T14:13:00.000-04:002016-09-22T14:13:26.682-04:00White: Prior Alabama drug convictions count as ACCA predicates In U.S. v. White, No. 14-14044 (Sept. 21, 2016), the Court rejected the defendant's argument that his prior Alabama drug trafficking convictions qualified under ACCA as a "serious drug offense." White's prior Alabama offense was for possessing marihuana "for other than personal use." White argued that he could have possessed marihuana to administer or dispense it. The Court rejected this as a mere "theoretical possibility." The Court also rejected the argument that its precedent in U.S. v. Robinson, which had rejected the same argument, had been abrogated by the Supreme Court subsequent decision in Descamps. Descamps' holding that the modified categorical approach applies only when a statute is divisible "has no bearing" on whether possession of marijuana for other than personal use necessarily involves an intent to distribute, that is, a "serious drug offense." The Court likewise rejected the argument that White's prior cocaine conviction was not a predicate ACCA offense, because it was merely based on a quantity of cocaine, not necessarily manufacturing, distributing, or possessing with intent to do either. The Court noted that it had rejected this same argument previously, finding one could infer an intent to traffic in cocaine from the quantity of cocaine involved. The Court again rejected the argument that its prior precedent was no longer controlling in light of Descamps. Tim Conehttp://firstname.lastname@example.com:blogger.com,1999:blog-9240181.post-16931727325030814132016-09-21T16:49:00.002-04:002016-09-21T16:49:30.022-04:00Cruickshank: Reversing denial of minor role reduction In U.S. v. Cruickshank, No. 14-13754 (Sept. 20, 2016), the Court affirmed convictions for drug trafficking on the high seas, in violation of 46 U.S.C. § 70503. The Court held that its precedent in U.S. v. Campbell foreclosed a challenge to the constitutionality of the statute. The Court also rejected a challenge to the sufficiency of the evidence, finding that the evasive maneuvers of the vessel while being followed by a Coast Guard helicopter, and other evidence, sufficed. The Court also rejected the defense challenge to the district court's reliance, for jurisdictional purposes, on a State Department certification that Jamaica had not accepted a claim of nationality for the vessel. The Court noted that under the statute, jurisdiction was not an element of the offense. The Confrontation Clause was therefore not implicated by the admission in evidence of the State Department certification. Turning to sentencing, the Court reviewed the district court's denial of a "minor role" Guideline sentence reduction in light of the amendments to this Guideline that took effect in November 2015, amendments that clarified the meaning of this Guideline. The Court noted that the district court stated that the quantity of cocaine being transported was so large that no participant in the scheme could have been eligible for a minor role reduction. However, in light of the Court's precedent in U.S. v. DeVaron, and the factors identified in the amended Guideline, it was legal error for the district court to say that drug quantity could be the only factor to be considered. The Court noted that Cruickshank did not load the drugs on the vessel, reconstruct the vessel, fuel the vessel, attend the planning meetings for the trip, or otherwise appear to have any role concerning the quantity of drugs involved. The Court therefore vacated the minor role reduction denial, and vacated the case for the district court to consider "the totality of the circumstances." Tim Conehttp://firstname.lastname@example.com


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Area Sales Manager - Service
4 days left
THE CLIENT: Our client is a leading global manufacturer of access solutions, including commercial door systems, door controls and glass fittings. They have an excellent service division and are looking for an Area Sales Manager to join the team.
THE ROLE: Area Sales Manager - Service
Your main role would be to sell our clients Service Products and Maintenance Contracts to customers, primarily commercial and industrial organisations and end users.
This will be done by securing enquiries, converting sales to orders and developing existing accounts.
This also means offering tailored solutions to meet all customer requirements and provide a complete solution for all service and repair needs.
- Be accountable for the overall performance of Service sales within the region area, by increasing turnover and developing a strong customer base.
- Develop a strong pipeline to contribute to continued success, while constantly developing awareness of our company.
- Manage customer relationships and evaluate the market to maximise sales.
- Establish solid relationships based on our values with all customers.
THE LOCATION: London & Home Counties - Surrey, Berkshire, Kent, Essex, Hertfordshire.
THE PERSON: Our client is looking for a field sales professional with experience selling a Service.
Ideally this would be within Doors or Access however other industries will be considered as long as the bulk of the experience has been in service sales.
You will be an excellent communicator, who has superb negotiation skills. Your ability to develop trustful relationships with your customers, as well as your colleagues, will be key in this role.
THE REWARDS: Circa £35,000, excellent bonus scheme, Company Car, Phone, Laptop, 5% Pension, Life Insurance & 25 day's holiday.

subset: commoncrawl


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YOUTH THEATER PROJECT, Spring Internships
Come work with the San Francisco Mime Troupe during the 21st Annual Youth Theater Project. YTP is an after-school program for Bay Area teens running from February through early April. In this internship students will be learning stage production, acting, playmaking, improvisation and participants will receive an incentive based on their full participation! !
Internship hours are:
Monday/Wednesday/Friday or Tuesday/Thursday/Friday from 4.15pm-7.15pm.
YTP culminates in a performance of original plays created by YOU, the participants!
Applications are being accepted now. Spots are filling-up fast!
Application / Rolling admissions!
yearly or monthly:
|Make a single
FREEDOMLAND, is a tragic musical farce about the militarization of the police, the continuing War on Drugs, the institutionalized racism of our judicial system, and how these three converge on, and are besieging, Black men in America.
Our plan is to bring the show to Southern California, the Midwest, and East Coast, to spark not only conversations of the issue, but also inspire and encourage activists fighting for justice. If you are interested in helping bring this show to your community please contact us at email@example.com.
For more info about FREEDOMLAND in general click here!
Photographer: DavidAllenStudio.com
Poster Design: Lawton Lovely
What Are Troupers Up To Now
Have you ever wondered where else past and present Mime Troupe Company Members work and perform? Wonder no more! We will keep you posted on Trouper's current shows and other shows we feel are worth seeing!
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The Rugby World Cup (RWC) has been unfolding in New Zealand for the past month+, and to judge by the results the forthcoming Six Nations contest between Ireland, Scotland, England, Wales, France and Italy should be cracking. All (but Italy) shone in New Zealand. Strong, physical play and bursts of speed have characterized these matches, as has an understandably fierce level of national pride and anxiety. In the quarterfinals, Wales outmuscled a very difficult Irish side while France surprised and dispatched an English squad that had been playing some extraordinary matches during the pool play.
As we enter this weekend's semi-finals, two fantastic matches await. Catch them both here at Merlins Rest:
Saturday, 12:00 pm – Wales vs. France
Sunday, 12:00 pm – Australia vs. New Zealand
Two big rivals from the Six Nations and the two biggest teams in the RWC host region square off. We are assured of two things: brilliant competition in the semis and a raucous final.
Join us for the RWC spirit, treat yourself to some breakfast or lunch, and raise a pint to what may not be "the Beautiful Game" but is quite smashing all the same.


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Sydney Airport Transfers and Limousine Service
Car Rentals, Rent a Car, Vehicle Rentals
You don't have to celebrate a birthday, anniversary or other special occasion to have a great time in a limousine from Sydney Limousine Service. Nope, no special reason required to celebrate life, be it an adult affair or strictly rated G with the kids... it's always a special treat. Friends in from out of town? Your next door neighbors? Treat them to a tour, get out of the hum drum day to day routine. Tour the city or take a scenic ride in the country. Take an out of town trip to Wollongong, Newcastle, Southern Highland or some other place, closer or further away...our professional drivers know the way to make your ride a sheer pleasure.
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Whether you want to see a Show, Concert, or go to the restaurant, bar, club, Sydney hot spots or travel
Whether you want to see a Show, Concert, or go to the restaurant, casino, bar, club,Sydney hot spots or travel
We are SYDNEY Limo, luxury limousine transportation in Sydney, dedicated to college / high school Seniors. and parents, is here
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Sydney Limousine Service provides executive sedans limousines at very competitive prices. Our professionally trained drivers work diligently to provide you
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92nd Street by Katharine D. Interiors
custom draperis
It starts with selecting the highest quality fabrics from mills around the world. Once chosen to become apart of an interior decor, we then embark journey of selected the most appropriate linings, lengths, pleats, and other embellishments to achieve proper fullness, function, and protection of the fabric's integrity. We even go as far as dictating the thread types.
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Our main objective is to get to know you and your style so we can create a look that truly
Custom bedding provides an unmatched elegance to any bedroom. The design possibilities include Custom Coverlets, Duvets, Comforters-Goose Down or Man
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Hotfrog NewZealand provides information regarding Divine Things in Napier. Divine Things is located at 50 Emerson Street, Napier and provides Jewellery services. Contact them on +64 6 834 0117 or by visiting them on their website http://www.divinethings.co.nz.
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Arts, Literature, Performing Arts, Visual ArtsFollow
Separate stories: Join Michael Cathcart and Sarah Kanowski for ABC Radio National's Books and Arts: Australia's only national broadcast devoted to literature and the arts. Published Mondays to Saturdays.
September 24th, 2015
Episode 790 of 1440 episodes
Ten young women find themselves in a nightmarish institution in middle of nowhere in Charlotte Wood new novel. What have they done?
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You Made Me Love Your Manby Dr. Anthony Taylor
Product Details
- 9781456025465
- Publisher:
- Publish America
- Publication date:
- 12/08/2010
- Pages:
- 174
- Product dimensions:
- 5.50(w) x 8.50(h) x 0.40(d)
Customer Reviews
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You Made Me Love Your Man based on 0 ratings. 2 reviews.
Great book for all types of people and the front cover will have you thinking about what's inside of the book.This book never get boring I really enjoyed reading it.
Anyone seeking a well-written and interesting book with lots of suspense should buy "You Made Me Love Your Man." I felt like I was a part of the book and actually knew the characters in it. That's how you know a book is good. At times, I was sensitive towards the character, Tyra, and other times wanted to slap her. I thought I knew how the book was going to end and was shocked with it ending better than expected. All I have to say is women get this book and please your men. I bought this book as a gift for two of my friends and they loved it. Good job Dr. Anthony Taylor. I look forward to reading your next book.


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Evelyn Shoaf Sink, 84, of Ridge Road, died Tuesday, May 9, 2006, at Brian Center Nursing Home.
The funeral will be at 2 p.m. Friday at Midway United Methodist Church, where she was a member, by the Rev. John C. Woods. Burial will follow in the church cemetery.
Ms. Sink was born July 13, 1921, to John H. Shoaf and Myrtle Craver Shoaf. She was a homemaker. She was preceded in death by her parents; one son, Joey Sink; two brothers, John Wayne Shoaf and Clyde Shoaf; one sister, Addie Shoaf; and her husband, Joseph Van Sink.
Surviving are one son, Ronnie Sink and his wife, Barbara, of Lexington; one daughter, Belinda Thompson and her husband, Gary, of Lexington; four grandchildren, Ginger Thompson, Kim Smith, Jason Sink and his wife, JoNelle, and Kristy Jordan; four great-grandchildren; one brother, Fred Shoaf of Farmington; and two sisters, Pansy Sink of Lexington and Mildred Hege of Gastonia.
The family will receive friends from 6 to 8 tonight at Davidson Funeral Home, Lexington Chapel, and other times at the home.
Memorials may be directed to Midway UMC Building Fund, 9795 Old U.S. Highway 52 North, Lexington, NC 27295 or the Alzheimer's Association, 1315 Ashleybrook Lane, Winston-Salem, NC 27103.
Online condolences may be made at www.davidsonfuneralhome.net.


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We have more Real Estate Agents services in Baguio City BEN available on Hotfrog Philippines. You can update your search for Baguio City Real Estate Agents by location, keyword or service options.
#5 Purok 3, Pinsao Pilot Project 2600 Baguio City Baguio City Benguet 2600
Upper West Quirino, 2600 Baguio City Baguio City Benguet
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Berrien Springs is located in Berrien county and has a population of 1,862.
Distance Education schools in Berrien Springs charged students an average tuition of $20,520.00 if they were Michigan residents, and $20,520.00 if they were non-residents, during the 2009 - 2010 school year.
The average cost of books and supplies for distance education schools in Berrien Springs is $1,050.00. There is one distance education college in Berrien Springs. Distance Education programs in Berrien Springs reportedly graduated 9 students in the 2008 - 2009 school year.
|Average Salary
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Games & Hobbies, Other Games, Health, SexualityFollow
Dedicated to the rational discussion of human sexuality from the apporoach of fun, enjoyment and pleasure. Each episode features a different topic that will discuss how to maximize sexual enjoyment while avoiding all the dangers of sex. Sex is Fun features human sexuality guru Kidder Kaper, sex educator Laura Rad, HIV/AIDS educator Gay Rick, and their sound engineer Coochie.
Parental Advisory
February 1st, 2010
Episode 12 of 97 episodes
A caller calls in with a tirade about Kidder's anti-religious tirades. Kidder calmly explains that he isn't anti-religious, he's pro-sex. Kidder often describes himself as an agnostic who prays, but lately he's felt as though he's losing his religion and...
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Brendan Pittman Austin, TX // San Francisco, CA
Product | Web | Branding | IllustrationPro More
On Teams
- 73
- 2
- 1,274
Brendan Pittman Pro
Flag Lettering Some custom lettering for some flags that were handmade by http://thewildstandard.com Check attachments for closeups.
- 101
- 8
- 1,742
Brendan Pittman Pro
Independent Since Some lettering I recently wrapped up for an exciting project. I'll post finals once it's live. Full piece attached.
- 48
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Brendan Pittman Pro
Brendan Pittman Pro
UI Library Our product team at Radius is growing so I spent some time last week throwing together a UI library for us to share and work with. Sketch symbols w...
- 249
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Radius Team Brendan Pittman Pro
Server Monitoring Dashboard Internal server monitoring dashboard that will be displayed on large screens around the office. Quick, fun project that we're calling Merlin. Lot...
- 106
- 3
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HUVR Identity Some drone branding I did last year for a startup called HUVR Data. HUVR is a services company that provides aerial imaging and analysis for preci...
- 76
- 7
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Brendan Pittman Pro
Integrations Cards Early stages of card patterns for our Integrations overview page. Playing with different styles and interactions for quick overviews and summaries.
- 126
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Electrik Icons Made some icons for for Electrik with @Jeremiah Chaney. He's new round these parts, go say hello.
- 271
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Electrik Company Team Brendan Pittman Pro
Home Site we're about to launch. Loads with full screen background video. Search and headline are centered horizontally and vertically. Dynamic content ...
- 151
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- 4,591
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Electrik Site I had a lot of fun designing/coding Electrik's new site. Got to take a few photos of the new space as well. Come hang out if you're in Austin. Cli...
- 232
- 23
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Electrik Company Team Brendan Pittman Pro
Electrik Co. Brand Buildout Working on the Electrik Co. brand buildout and some supporting elements. Been fun exploring where we want to take this brand. Thoughts? Suggestions?
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SOUTHGATE (Middlesex won toss): Middlesex (2pts) beat Surrey by 108 runs
MAKING a road of a pitch look like a minefield, Surrey's one-day cricket this season reached a nadir at The Walker Ground, while Middlesex maintained a mathematical hope of winning the South Conference.
Out of the competition and fielding an inexperienced side, the visiting team's batting disintegrated under little pressure. The small mercy was that it was not a slow death and they were bowled out with 16.2 overs left. Middlesex must beat Somerset in Bath next Sunday and Kent at Lord's a week later and hope that Sussex


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Apres Ski Parties!
LCC goes off-piste
Thursdays December 1st, 8th, 15th and 22nd
Every Thursday in December each LCC will transform into a rocky-mountain hideaway; escape the baltic weather and gather for 'thank f*ck it's almost Friday' post-work drinks!
Jager prezzies @ Apres Ski Parties!
Treat you and your mates to the Jager Mountain and choose a complimentary prezzie from the Jagermister Christmas tree.


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Wisdom tooth extraction
Outer wall for my lower left wisdom toot is gone feeling mild sesitivity. Need suggestion on dentist/clinic who can extract my tooth without me feeling any pain or sensation. or place were they practice laughing gas or anaesthesia. Truth is i'm scared and gone through right wisdom tooth, hurts with local anaesthesia.
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Doctor Answers (1) on Wisdom tooth extraction
Dr. Anil Kumar Jain
Bangalore | General Physician
INR 150 for 24 hrsCHAT NOW
Hello mate. You will have to meet a dentist in person and discuss with them this issue. Use this app itself to find best dentists near you. Discussing your problem in person with them will help you in finding a appropriate solution of what can be done. Regards
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Hussein was keeping stability in the middle east and other myths by NJ.<quoted text> DB, you not only suffer from paranoid schizophrenia but, you also suffer from mental delusion & selective memory. Bush took the leash off Al Qaeda, the Taliban, Iran & opened the borders of Afghanistan and Pakistan. Instead of covertly going after those responsible for 9/11, he chose to invade not 1 but, 2 different countries & exterminate the 1 man holding stability in the entire region, Saddam Hussein! After that, the conversation should be about no more than what Obama inherited!
More like Egypt was and the Obama could not have none of that. So, he eliminated that hurdle.


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A true one-of-a-kind & first time to market; phenomenal opportunity to own a piece of Milford's history! Once a prosperous working Mill, this unique home was converted to a residence in the 1960's. Extraordinary character in 3800+ sq/ft of living space w/ original beams, wide planked floors, stained glass, etc. Unlimited potential in additional unfinished 4000+ sq/ft! Set on 2+ scenic acres, this home sits on Rose's Mill Pond w/ a stunning waterfall & meandering river, & features original root cellar & millstones. There are 2 additional outbuildings once used as a horse stable, & a 6 bay garage w/ loft. Potential in-law apt, or whatever suits your needs. Located on a private cup-de-sac, you will be awe-stricken by this authentic property!


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Richly handcrafted in sterling silver, 18k gold plate and interspersed with CZ stones, this Forget-Me-Not Irish Ring is delicately elegant. Part of The Meadows Collection by Jean Butler Jewelry, this Forget-Me-Knot ring symbolizes enduring love and remembrance. Made in Ireland and hallmarked by the Assay Office in Dublin Castle. Sizes 5-8.5 (including half sizes).
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Bouvia v. Superior Court of Los Angeles County. 1986
Bibliographic Citation
California Reporter 225: 222-228
MetadataShow full item record
Related items
Showing items related by title, author, creator and subject.
Bouvia v. Superior Court of Los Angeles County Unknown author (California. Court of Appeal, Second District, Division 2, 1986-04-16)
Bouvia v. County of Riverside. Trial Court Decision in Bouvia I. No. 159780 Unknown author (California. Supreme Court. County of Riverside, 1983-12-16)
The Suicide Trap: Bouvia v. Superior Court and the Right to Refuse Medical Treatment Fisher, Leanne J. (1987-11)


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Martin's Mice
"Martin, a kitten, is branded a `wimp' by his siblings for his friendly interest in mice. He loves caring for them and can't understand their desire for freedom. Only when he becomes the pet of a big city apartment dweller does he realize why his pets deserted him. An engaging animal fantasy with plenty of humorous insight into the human condition, King-Smith's story has humor and a fast pace which will appeal to younger readers."--School Library Journal (starred review)
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Government & Organizations, NationalFollow
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Listen to talks, lectures and other events presented by The National Archives of the United Kingdom.
August 18th, 2009
Episode 105 of 485 episodes
This presentation explores how The National Archives' collection of death duty records can be used to research families and wealth-holding in 19th century Britain. The talk unravels some of the complexities of working with the records and explains how the different records can be linked with other sources of interest to those researching families and wealth.
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Seeking Young Scientists for Research in Space
Sounds of Science Podcasts
Infectious Fight
Tackling the Inevitability of Resistance One Genome at a Time
Long Noncoding RNAs: Clarity or Confusion?
Because They Are Such Elusive Prey, lncRNAs Have Yet to Emerge as Therapeutic Targets
Markets Expand for Single-Use Bioreactors
Biobags Offer Advantages Over Fixed-Tank Systems
Seattle BioMed Wins $16.6M Grant to Tackle Tuberculosis
The NIH has awarded Seattle Biomedical Research Institute (Seattle BioMed) a $16.6 million grant over a five-year period from NIAID to take a comprehensive systems approach to the problem of tuberculosis (TB) infection. The research will be focused on predicting which carriers will become actively ill with TB.
Seattle BioMed says that the grant, titled "Omics of TB Disease Progression," will for the first time allow researchers to study many sides of TB infection simultaneously with the goal of finding out how and in whom TB causes illness. The grant will involve a team of several scientists at Seattle BioMed, in collaboration with the Institute for Systems Biology (ISB) and ETH Zurich, that reportedly comprises experts from both the host side of the disease and the pathogen side, along with authorities in the field of systems biology and biotechnology.
"Research in TB has never been more critical, and this collaboration represents an important change in how disease research is done, making a move from a 'trial and error' approach to predictive modeling," said Alan Aderem, Ph.D., president of Seattle BioMed, in a statement. "By drawing on our collective expertise, and by taking advantage of the predictive power of systems biology, we can tackle the problem of TB in an entirely new way, potentially elucidating new drug targets or informing vaccine development."
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The Residence Club is located on the sand of beautiful Mission Beach and is just steps to the edge of the ocean. It is a perfect spot to enjoy all that San Diego has to offer. If it is family time and rest and relaxation you are looking for, The Residence Club is just across the bay from Sea World, over the hill from the famous San Diego Zoo and a short car trip to the San Diego Wild Animal Park. Not to mention, it is just a few miles from downtown San Diego, the San Diego Airport and the tide pools in La Jolla. However, if it is romance and relaxation you are looking for, then the ambiance of magical sunsets of oceanfront vacationing will allow you to capture every moment. Just walking distance from ocean side dining and private sail boat rides, this location defines romance. Minimum age required at check-in is 25. Please note that the front desk hours are 8am-6pm. A mandatory USD 250.00 departure housekeeping fee will be applied to each reservation. Reservations longer then 7 nights may require additional housekeeping fees. Check-in is 4pm. Check-out is 10am. There may be times when access to your unit is unavoidably delayed due to cleaning. Minimum check-in age is 25. You may be required to show photo ID and must present a valid credit card. After hours check-in information will be provided prior to your arrival. Please be sure to inform the reservations office of your late arrival information. Mission Beach is one of those special places that people return to again and again. For decades, it has enticed those who love its relaxed, welcoming atmosphere, gorgeous beaches, endless water activities and world-class attractions.
About the The Residence Club On Mission
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- Kitchen
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Check-in time starts at 4:00 PM
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- Residence Club Mission
- Residence Club Mission Hotel
- Residence Club Mission Hotel San Diego
- Residence Club Mission San Diego


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text:
- Affiliations:
1 Department of Mechanical Engineering, Technical University of Denmark
2 Center for Electron Nanoscopy, Technical University of Denmark
3 Centre for oil and gas – DTU, Center, Technical University of Denmark
- Abstract:
- Grain boundary engineering aims for a deliberate manipulation of the grain boundary characteristics to improve the properties of polycrystalline materials. Despite the emergence of some successful industrial applications, the mechanism(s) by which the boundary specific properties can be improved is not yet well-understood. This, at least partly, owes to the lack of robust characterization methods for analyzing the nature of grain boundaries including the grain boundary plane characteristics, until recently. In the past decade, significant improvements in the 2-dimensional and 3-dimensional analysis of the grain boundaries have happened. These improvements, for example by high-resolution imaging techniques and orientation imaging microscopy for additional crystallographic information, provide the possibilities for thorough characterization of the grain boundaries and based on that, it is possible to engineer new materials. In this study, one of the most widely used electrolytes for electrodeposition is chosen for the synthesis of nickel films and based on thorough characterization of the boundaries the potentials in grain boundary engineering are outlined. The internal structure of the nickel films both in the as-deposited state and after thermal annealing is investigated and experimental methods for grain boundary characterization are accordingly applied to essentially different microstructures. Supplementary characterizations with X-ray diffraction, orientation imaging microscopy, and focused ion beam microscopy were applied. Using additive freeWatts electrolyte, coarse columnar microstructures with <211>, <100>, and <210> texture and fairly high fraction of twin boundaries are synthesized. In <210> textured nickel film, multiple twinning occurs which brings about an arrangement of the favorable boundaries that break the network of general grain boundaries. Successful dedicated synthesis of a <210> textured nickel film fulfilling the requirements of grain boundary engineered materials, suggests improved boundary specific properties. However, the <210> textured nickel film shows fairly low thermal stability and growth twins annihilate by thermal treatment at 600 degree C. In contrast, for <211> oriented grains, growth nano-twins which are enveloped within columnar grains show a high thermal stability even after thermal treatment at 600 degree C. In order to exploit the high thermal stability of nano-twins, the effect of different electrodeposition conditions and alloying cobalt on the strength of <211> texture and twin formation are studied. Using the Watts electrolyte with a common sulfur-free additive, nano-crystalline nickel films with different characteristics in as-deposited state are synthesized as a function of the deposition conditions. The microstructure of thermally treated nano-crystalline nickel films, show low fraction of favorable boundaries. The grain size and texture development due to thermal treatment is studied too and it is argued that prior to the major grain growth strain energy minimization plays the major role in the microstructure evolution while after major grain growth interface energy minimization has the major role. Differences in as-deposited microstructural characteristics, brings about differences in grain size and grain boundary characteristics after thermal treatment. It is suggested that triple lines, at least partly, contribute to the observed differences and potentials for \Grain Boundary Junction Engineering" are outlined.
- Type:
- Thesis PhD
- Language:
- English
- Keywords:
- Grain Boundary Engineering; Electrodeposition; Nickel; Grain Boundary; Nano-Twin; Nano-Crystalline; Thermal Stability
- Main Research Area:
- Science/technology
- Publication Status:
- Published
- Review type:
- Undetermined
- Supervisor:
- Pantleon, Karen, Somers, Marcel A. J.
- Publisher:
- Technical University of Denmark, 2013
- Submission year:
- 2013
- Scientific Level:
- Scientific
- 2185774819


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Part – 22
(This part is especially for the ones' who are confused and for those who aren't confused keep reading and commenting)
Geet's mind was still registering the Family Tree she was beyond shocked it felt as if someone gave her a heart attack. The first shock that came to her was 'Devendra Singh Khurana' he was the real brother of Maan. Secondly, 'Vicky' who just returned to London a day ago was again the real brother of Maan and Devendra. Thirdly, 'Adi Sir' (Aditya Singh Khurana) in Khurana Constructions was the cousin of Maan and the best part about it was he never boasted. Fourthly, 'Misha' was again the cousin of Maan, which means she was her cousin as well.
She looked back at the Family Tree only to find her name written below Maan's name. to the extent of her knowledge Maan had asked her to keep her new identity hidden 3 days after their wedding. Then how in the world her name is written below his, she looked around the library checking what others were upto. She felt satisfied seeing them busy in their work, once again she hacked in to the confidential admin files.
She opened the log file to find out when was the last time the Family Tree file was accessed and updated. The file opened she scroll down the page, the last entry was made a year ago when Parineeta Dobriyal married Yash Singh Khurana. So someone had been smart enough to delete the entry from the log, she removed a piece of paper and typed some commands in the software. A window popped up giving her the below information.
Last Login by Savitri Devi Khurana, IP Address: xxxxxx, Date: July 15, 2010, Time 17:09, Family Tree Updated: Maan Singh Khurana Married Geet Handa.
Dadimaa she gasped in shock, a lady at her age was way too smart to fiddle with the files. After all she had married a Khurana and for Khurana's smartness run in their veins. She deleted her recent entry from the log, closed the software, and gave printouts of Devendra Singh Khurana and the Family Tree. She couldn't bear any more shocks for the day. She had had just enough.
As Maan instructed, Vicky left for Khurana Mansion, the place where he had all his good and bad memories. The place where his family stayed together once under a single roof. The same place where things had changed due to his so called cousins, the place where his family was betrayed, the place where their trust was broken, the same place where his aged old Dadimaa bore a lot of pain and hardships. Too many things attached with one single place.
Taking a deep breath he entered the mansion, Dadimaa was over the phone chatting with Maan she wanted him to be back early from office so he could take both her and Geet out for shopping. And as usual Maan refused to come early due to his important meetings. But this time he lied to Dadimaa about being busy at office, he wanted Dadimaa to know his baby grandson was finally back home. He was relieved he just had to bring the other 2 back home; it wouldn't be as difficult as it was in Vicky's case.
Vicky saw his Dadimaa hanging the phone looking upset, she so wanted to go out shopping. He was standing at the doorway she was so lost she didn't see him there. She was carrying a photo frame in her hand, she looked at the person in the frame and said 'Agar aap hote toh hume abhi le jaate, aap kyun hume chod ke chale gaye baby? Bas ab bahut hogaya ab toh ghar aa javoo' She was on the verge of breaking down, her tears were about to fall from her face. Vicky couldn't stand the situation instead he replied back 'Mein aagaya Deej, aisa kabhi hua aapne yaad kiya aur mein nahi aaya. Bolo kaha jaana hai shopping karne?'
Dadimaa turned back and saw him smiling at her while standing at the doorway, she felt her sub conscious mind playing some trick on her again. She shook her head for a 'NO' not ready to accept the fact, meanwhile Nakul who was passing by saw him standing there and out of joy he screamt 'Chote baba ghar aa gaye, Dadimaa Chote Baba sach mein ghar aagaye'.
Vicky put his bags down walked up to her and hugged her tight. He could feel the warmth of a mother, he broke down and so did she, they both kept crying while hugging each other. Meanwhile Maan was standing at the doorway witnessing this special moment, he had his part of this special moment some hours ago. On the other hand Geet was asking the cabbie to drive extra fast, she had to go home and break the news of Vicky being in town to Dadimaa and Maan.
The cab stopped outside the mansion, Geet gave him some notes she was in such a hurry that she didn't bother to take the change. The security guard opened the door allowing her to enter. Geet ran as never before and entered the Mansion, she saw Dadimaa sitting on the sofa, she didn't bother looking around and blurted out 'Dadimaa Vicky………'.
Dadimaa smiled at her and asked 'Geet beta kya baat hai aap kyun bhaag rahi thi?'
Geet still didn't see Vicky and Maan next to Dadimaa, meanwhile Maan pulled Vicky's hand and they quietly walked off now standing directly behind her.
Geet: Dadimaa Vicky London mein hai, woh meri hi class mein parta hai.
Dadimaa pretended to be shocked with the news Geet gave and asked 'Aap kya bol rahi hai Geet humara Baby Vicky London mein hai, woh kab aaya aur woh kaha hai?'
Geet: Mujhe nahi pata Dadimaa per who iss baar sach mein London aaya hai.
Dadimaa: Toh chalo hum Maan ko kehke unhe dhoond ne jaate hai.
Vicky who was standing behind Geet all this while replied 'Uski koi zaroorat nahi hai Bhabi mein yaha hu aur woh bhi aapke peeche'. Geet turned around to see Maan and Vicky standing behind her laughing their heads off, she turned back to complain to Dadimaa but she stood rooted at her place, even Dadimaa joined their antic and was laughing at her. Geet felt very bad not about her being the laughing stock, but her feelings were laughed at. The moment she realized Vicky is her Devar and that Dadimaa was missing him she ran from the university to the Mansion just to give the happy news. But today Dadimaa pretended to not know anything and they all ended up laughing at her.
She stood there with her head bent down, Dadimaa realized that they crossed their limits and hurt her feelings. She indicated them to stop laughing, Geet felt the hall go dead silent, she looked towards Vicky and said 'Welcome back home Vicky'. With that she picked up her books which she had thrown earlier and left for the Outhouse.
Dadimaa: I
think Geet ko bahut bura laga, hume unpe aisa nahi hasna chahiye tha.
Vicky: Per deej Geet jo bura kyun laga?
Dadimaa: Yeh sawal ka jawab aapke bhai hi denge. Mein tum logo ko adhe ghante mein dinner table per dekhna chahti hu.
Geet changed in to her night dress and went to the kitchen to make some dinner. She picked the packet of Paneer from the fridge and decided to make Paneer Korma for dinner. 15 minutes later when the food was cooking on the stove she decided to call Misha. Seeing Geet's call Misha answered instantly she was scared since the time Vicky told her about Geet researching on Khurana's. Misha answered the call acting normal.
Geet: Misha mujhe kuch zaroori baat karni hai tujhse.
Misha: Geet relax, 1st things 1st tune khana khaya, kya hua sab theek haina? Achanak raat ko phone kiya?
Geet: Kyun mein apni dost ko ab phone bhi nahi kar sakti?
Misha: Nahi aisi koi baat nahi hai, mujhe laga kuch problem hoga.
Geet: Problem hai, but you answer my question 1st. How do you know Vicky?
Hearing Vicky's name Misha gulped down water, she didn't want to tell Geet the truth. Misha went back to Vicky's conversation and remembered Vicky telling her about Geet doing research on Khurana's. She reminded herself Khurana's the word was ringing in her ears. She was a Dobriyal so there was no chance of Geet tracing her down being a part of the family.
Misha: Geet, meine pehle bhi kaha Vicky is my childhood friend. Bas aur kuch nahi.
Geet: Are you sure Misha there is nothing else apart from him being your childhood friend?
Misha: Haan Geet bas aur kuch nahi, ab tu apna sau kilo ka dimaag istemaal karna band kar. Achaa sun mom khane ke liye bula rahi hai mein chalti hu.
With that she hanged up, Geet saw a message notification on her phone. She opened it only to find it's from Maan. It read:
To Love is nothing
To be Loved is something
To Love and be Loved is Everything…
I'm so Sorry for hurting you.
Waiting for you to join me at the Dinner table in 10 minutes.
She switched the phone and kept it aside, still she couldn't figure out the reason behind Misha lying to her about Vicky. Why was everyone acting weird and hiding facts from her? She went around the house locking each and every entrance of the door; she even locked up the windows ensuring no way anyone would come here. Last thing she wanted was to see Maan, she was angry at everyone.
She quietly ate her dinner, washed the dishes and started with her assignments. She had to catch up on a lot of pending assignments.
Dadimaa: Maan beta Geet dinner ke liye nahi aayi?
Maan: Nahi Dadimaa lagta hai woh abhi bhi naraz hai.
Vicky: Deej aur Bhai yeh sab mujhpe chodo mein Bhabi ko manane jaata hu.
Maan: Rehne do Vicky woh nahi maanegi mein jaata hu.
10 Minutes Later
Maan: Aaj toh woh kuch zyaada hi naraz hai, Dadi Geet ne ghar mein jaane ke saare raste band kardiye, aur uska phone bhi switched off hai.
Dadimaa: Waise bhi galati aap dono ki hai, aisa koi Mazak karta hai kya?
Vicky: Yeh sab Paa ki galati hai Deej.
Maan: Ek minute iska matlab yeh nahi ki agar mein hasu toh aap logo ko bhi hasna chahiye.
Vicky: Bhai leave it aap over react kar rahe ho, mein Bhabi ko kal breakfast ke liye le aavoonga.
Maan: Theek hai mein bhi dekhta hu tum usse kaise laate ho?
Vicky: Mujhe challenge manzoor hai, Vicky Singh Khurana ko haarna achaa nahi lagta.
Precap: Vicky and Maan's challenge start. Will Vicky win?
Oops….. Geet fighting with Maan and Misha
Hey guys sorry am not feeling well so if you find the update boring spare me ;)
Oyee hello all my silent readers thoda kasht karke LIKE button press kardo.
Oyee all you new interested readers add me in the buddy list and inform me. And to you all old readers let me know if you miss out on any PM from my side.
Thanks for all those lovely comments keep them coming. As usual your opinions, comments, suggestions and likes are most welcome. Voice out if you unlike it am all ears to hear!! Shaba Khair – Goodnight!!
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Bergamo Christmas Gifts
90 items found
You can send Christmas Gifts to Italy in the following cities.
What our Customers Say about our Service
"One very happy customer. Everything went smooth right from placing order, getting contacted by a customer Representative and delivery of the product.
Ordered "The Gifts of Heaven Holiday Assortment" to a friend in USA to surprise him on his birthday.. The gift was delivered on time and was exactly the same as shown in pic. I will definitely be back to buy more and recommend this service to all my friends and family. Wish Giftbasketsoverseas.com all the very best. Keep up the Great service.
Soumya - Waterloo NSW, Australia - January 11, 2013
"Birthday Gift Absolutely fantastic! Excellent customer service, on time delivery. My boyfriend lives in the Netherland Antilles and I searched high and low to find a company that would deliver exactly what I wanted. I love that local products are used to everything arrives fresh. My boyfriend was THRILLED to received his huge basket of wine, cheese and chocolate. THANK YOU!"
Whitney - Utah, USA - Sep 16, 2010
"All good they loved it. Thank you and the team very much for your help and going the extra yards for us especially as it did get a bit tricky for a while. Will definitely recommend your company."
Jon M. - Brisbane QLD, Australia - Sep 23, 2015
"I ordered 3 Halloween hampers & was amazed at how wonderful they were. I am in London/UK & ordered them for delivery into the USA... the whole process & delivery went without a problem. Thank you so much!"
Maria Yianni - London, UK - Dec 18, 2012
Read more testimonials or leave your feedback here.