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The greatest journey starts with a single step. The journey towards our own best bodies is just the same.
It's a daily decision to take those small steps towards where we want to be. The good news, with this, is that you can take a step back here and there and still be moving in the right direction.
It may not be the fastest way to reach your goal but it's the most likely way to sustain the pace in the long run.
Without further ado, here are 20 top tweaks to lose weight and keep it lost.
1. Set a small, specific goal. Stick it somewhere you will see it every day
Creating a measurable vision you can take steps towards works. A Harvard study from the 70s found that those who had a specific goal earned, on average, twice as much as those that didn't have a goal. Those that wrote down their goals earned even more. The point is when we're clear about what we want we are far more likely to achieve it.
2. Focus only on losing the next kilo
Whether you want to lose two or twenty kilograms, keeping the attention on the immediate goals helps to keep you from feeling overwhelmed. It also means you have more regular reasons to celebrate your wins.
3. Have exercise 'dates' with your family, friends or partner
When time is of the essence, this is a way to kill two birds with one stone. Jogging on treadmills side-by-side may not be your thing (and thank God really that it's not), but you might have a group game of volleyball, go paddleboarding, play cricket or squash.
Research shows that exercise with others releases more endorphins (the happiness hormones) than when you exercise alone and also helps us to bond with others.
4. Know what works for you
Everyone is different, so get clear on the strategies that help you to succeed. For some people it's working out as soon as you wake up, for others it's doing exercise that you find fun. It might be eating healthily and having a 'cheat' day or it might mean having one small treat each day.
5. Schedule exercise
Making the time official is making a commitment to yourself, your body and your health. Planning also helps you to create consistency and integrate exercise into your everyday life. It means you can slot in some high intensity exercise if you only have 20 minutes on one day and book into a longer class when you've a little more time the next. New sites, like Fitness Calendar, can help you to plan your week ahead.
6. Work up a sweat from exercise at least a few times a week
It's good to get moving every day, but amping up the intensity at least a few times a week will also amp up your results (assuming you're healthy and do not have a heart condition). Working yourself into a sweat gives a natural boost to human growth hormone (HGH) production – which is essential for optimal health – and research shows, it improves insulin sensitivity, boosts fat loss, and increases muscle growth.
7. Shake up your exercise to keep your body guessing and your mind fresh
Our muscles adjust when we do the same exercises repeatedly and as we plateau, we stop seeing results. The easiest way to counter this is to remember that variety is the spice of exercise, as it is life.
Play around with the intensity and switch up aerobic exercise with strength training, flexibility, core exercise and balance training.
8. Try on your jeans once a week to keep track of how you're going
Arguably a better approach than scales – which do not show weight gain from muscle mass - trying on your jeans will show that your waist and hips are cinching in while your butt, like a little sunflower, perks up.
9. Take before and after pictures
Hard evidence that the slog is paying off. This is a simple, but invaluable method demonstrating you have the power to transform yourself.
10. Sign up to a challenge and join a group to train for it
In the spirit of one step at a time, a fitness challenge gives us a short-term goal to work towards, tangible results (which are essential for motivation and our sense of progress) and the support and camaraderie from training towards that goal in a group makes it fun and helps to spur you along.
11. Incorporate greens into your day. Every day.
Blend 'em, juice 'em, fry 'em, eat 'em. Greens are a no brainer and pretty much the one thing every health professional agrees we need more of – to be healthy and if we want our bodies to look their best.
Low in calories but high in nutrients, they help keep us full and give our bodies the fuel they need to be lean, mean efficient machines they're meant to be.
12. Keep a food journal and be utterly honest in it
I know, it can seem like a waste of precious time and surely you already know what and how much you eat. Don't you? In fact many of us would be surprised to see the unconscious extra calories we consume.
A diary – which is easiest if we write (or type it) as we go – is a simple (and free) way to create awareness about what we're really eating. Research also shows that they can be a key component in losing extra weight.
13. Enjoy healthy monounsaturated fats like avocado, nuts, olive oil and tuna
It's about time the "fat makes you fat" myth has been debunked. An abundance of research shows that "good" fats help reduce heart disease, lower cholesterol levels and have other health benefits when they replace saturated fats in the diet. Increasing your fat intake can actually help weight loss.
14. Remember that there can be too much of a good thing and keep an eye on your portion sizes
Dietitian Susie Burrell says she sees many healthy, fit individuals doing their very best to eat well. "But such an intense focus on including as many 'healthy' foods in the diet as possible has resulted in ... a calorie overload".
She says we're looking for a couple of serves a day of healthy fats. One serve translates into 100-150g of oily fish, ¼ of an avocado, a handful of nuts or seeds and a couple of teaspoons of oil.
15. Have occasions when you indulge in your favourite foods and enjoy them without guilt
Simply, if we have a little flexibility with food and can include our favourite things then we will have more staying power. Some research even suggests indulging once a week can aid your weight loss efforts.
16. Prioritise sleep
Getting enough sleep (and this will vary from person to person, but tends to be at least 7 to 8 hours a night) impacts metabolism, weight, mood and cardiovascular health among other things. So for your health, fitness and sanity, it's worth making time to save time.
17. Up the ante on your water intake and have a jug or flask with you wherever you go
Most adults lose about 2.5 to 3 litres of water a day. Most of us also don't drink enough to replenish what we lose and not only is it vital, it keeps our skin in spanking condition, carries nutrients and oxygen to cells, and can also even help us lose weight. So bottoms up.
18. See a doctor and get the support you need if you have health concerns
There are various medical reasons why those who are eating right and acting right may not be losing weight. So, if you feel like something is not right don't shut up and put up.
19. Take time out to rest, recover and spend in nature
"Nature is fuel for the soul." While standing in the grass and "earthing" might sound a little hippy, being in nature also energises us, improves our immunity and gives us a heightened sense of wellbeing.
20. Practise self-compassion
We don't get it right every step of the way and sometimes we slip and fall into the tub of ice cream, miss a workout or get screamingly drunk. If we can be gentle with ourselves and resolve to keep guiding ourselves back on track this will help us stay the course. Research shows self-compassion may just be the most important life skill and helps us develop resilience, courage and energy.


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Mesh Baggu
$ 14.00
Brand BAGGU
The namesake bag, reimagined in mesh. Perfect for the gym, the beach or just looking cool. Better for lighter weight items. Folds into zippered flat 6 in. x 6 in. pouch.
25.5 in. H x 15.5 in. W x 6 in. D.
Polyester mesh and ripstop nylon.
Machine washable.

subset: commoncrawl


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Our Best Barbecue Side DishesFrom potato salad to hush puppies, prepare these delicious dishes.
Our Favorite Charleston Front Doors
One of our favorite aspects of the Holy City is the array of gorgeous street front doors—arguably the most charming of their kind in the South. Here, readers share Instagram snaps of beautiful Charleston doors. Share your photos with us by tagging @southernlivingmag or using #southernliving for a chance to be featured on SouthernLiving.com.


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VideoHive Toothbrush With Toothpaste 2 10331047
Stock Footage \ Lifestyle
ToothTooth \ Refreshing \ Toothpaste \ Brushing \ Morning \ Medical \ Cleaning
Stock Footage - Toothbrush With Toothpaste 2 10331047 by HDVMaster @ VideoHive
Stock Footage \ Lifestyle
Tooth brush with toothpaste. Tooth brushing.
Alpha Channel: No; Looped Video: No; Frame Rate: 29.97; Resolution: 1920x1080; Video Encoding: H.264; File Size: 40.9mb; Number of Clips: 1; Total Clip(s) Length: 0:15.
Evening City; Aquarian Flora; Childrens Playground 1; Not Available; Graffiti 11; Golden Eagle 2; Apricot Poodle.
Keywords: brush, care, clean, cleaning, closeup, dental, health, healthcare, healthy, macro, medical, morning, refreshing, teeth, tooth.


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DeLOCK 42486. Storage drive size: 2.5", Supported storage drive interfaces: Serial ATA. Interface: USB 3.0-A. Colour of product: Black, Silver, LED indicators: Power, Material: Aluminium. Data transfer rate: 5 Gbit/s. Compatible operating systems: Windows XP//Vista/7 Linux
The aluminium enclosure supports any 2.5 SATA HDD. To be connected through USB 3.0 to any PC or Notebook.Specification- USB 3.0-A interface;- Suitable for 2.5 SATA HDD (HDD height up to 9,5 mm; SATA HDD up to 6 Gb/s; HDD up to 2 TB);- Data transfer rate up to 5 Gb/s;- Downwards compatible to USB 2.0, whereas a higher (data transfer rate of 5Gb/s can not be reached);- Dimension (LxWxH): 128 mm x 75 mm x 14 mm;- Hot Plug, Plug & Play.


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Here are this week's FREEBIES and great deals:
FREE $10 Dakota beef certificate
FREE subscription to Woman's Day
FREE subscription to Flying Magazine
FREE appetizer at Uno Chicago Grill
FREE subscription to Maxim Magazine
FREE Right at Home Tropical Gift Pack
Still available:
FREE ebook – 25 Afghan Patterns
FREE ebook – Healthy Chicken Recipes
FREE Hotprints Photo Book
FREE ecookbook – 22 quick and easy healthy chicken recipes
FREE ecookbook – Restaurant Copycat Recipes
FREE Scrapbooking ebook – 24 project ideas
Join craftforum to find a like-minded crafting community!
FREE Travel Guides
FREE downloadable restaurant copycat recipes ebook
FREE baby samples from babytobee
FREE sample of Prilosec OTC
FREE VistaPrint business cards, magnets, rubber stamps, return address labels (you only pay shipping)
Want to be the first to know about big sales and deep discounts? Click here to sign up with Shop it to Me (read my earlier post about it here)
Are you expecting a YouData payment in your paypal account this afternoon? I am and you can, too, because every Friday is payday with YouData! Read my post here or sign into the YouData Widget on my right sidebar.
Don't forget to enter my current giveaways:
1. Chica-PC Fix Giveaway (ends July 11)
2. Aquafina Lip and Skincare Giveaway (ends July 11)
3. iHome CrystalTunes Alarm Clock Giveaway (ends July 11)
4. Tony's Pizza Six Flags Giveaway (ends July 11)
5. Tom's of Maine Simply White Giveaway (ends July 11)
Earn money for normal everyday online searching – Swagbucks is powered by google and is FREE to use! Earn Amazon giftcards as you search! Sign up here.
Check out HOT Amazon deals on your favorite items!


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Sat 30th Sept - Sun 1st Oct 2017.
Course starts at 10am and ends at 4pm on the last day.
Course fee (not including food or accommodation) £120.
Dates, Times & Fees
The aim of this short course is to introduce you to the technique of felt making a hollow form, such as a case or a small bag which is both attractive and functional. We will be using merino wool tops in a range of colours. Both experienced felters and beginners are welcome and will be catered for.
Your tutor for this course is Andrea Smith.
Day 1 – Saturday
Engaging with the wool tops, laying and handling the fibres, colour matching and using water and olive oil soap and a resist to stop the layers felting together to form a seamless 3d item. Designs will be your own and basic to accommodate beginners, although there will be room and materials for more experienced learners. Please note that we will be rolling the fibres using a rolling pin which requires a good level of upper body strength which can be maintained. Those learners who have difficulties with this are welcome to make a less demanding piece. We will leave our pieces to dry overnight.
Day 2 – Sunday
This day will be spent exploring the decoration of our pieces using dry or needle felting tools. 3D designs can be made using the needle felting techniques and be added to your felted piece or directly onto it. Discussion will be encouraged regarding tools, fibres, techniques and further learning throughout the course. There will be a few materials and tools to purchase.
Outcomes -
You'll take away your piece along with the knowledge of the techniques, materials and tools you'll create your own projects, be that slippers, hats, bags, clothes, the potential is only limited by your imagination!
Food and board are also available at CAT to fit around your travel plans. Make a weekend of it and immerse yourself in CAT with free access to the visitor centre. B&B in our award winning WISE building is available from just £40/night.
You must be over the age of 18 years when this course starts.
To book a place on a course, please choose one of the following options:
• Book Online- the "Book online" button is either below, or in the top right corner of the screen and follow the instructions.
• Call the Courses Department on 01654 704 966 with your bank card details.
Our course fees include tuition and materials, unless otherwise stated.
Please also note our Cancellation & Refund Policy
a) 2 day course fees are non-refundable.
b) CAT reserves the right to cancel any courses. Deposits and fees will be returned in full should this happen.


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Land – for living, Sale, Považská Bystrica, Slovakia
100.900,00 €
Land – for living, Sale, Považská Bystrica, Num. ZR-21/2016
For sale sunny and spacious plot in the outskirts of the city Považská Bystrica area of approximately 1250 m2. The land is flat, this time arable land, can be changed to building land, around the area. IS partly on land. By the edge of a small stream flows, ideal for watering the garden.
For the stream it is another land area of 1365 m2- a gentle slope at the end of starting forest. Land is recognized as other areas. This part of the land can be used as a relaxation area to relax with the possibility of building a summer kitchen, gazebo, playground and a pond, wine cellar etc.
Both plots are sold only together the ideal combination of space for building a house and relaxing parts. Must see. In case of serious interest agreement possible.
For more detailed information, please call:
Marian Kašuba, MBA
Your partner in real estate
RADO Reality Group, sro
M +421911927777 | email@example.com
Price 100 900 euros
The price is final and will not increase, the price includes legal advice and execution of purchase contracts, mortgage advice and pay the administrative fee for the application for entry in the Land Register.
Listing summary
2615 m²
personal property
Real Estate Agency 173 offers
RADO Reality Group s.r.o.
Soblahovská 45
Trenčín 91101
Real Estate Agent 80 offers
Marián Kašuba
Your Listing seems interesting, please contact me.
You might also be interested in
41344x Listing appeared in search results
1179x Listing viewed detailed
155x The offer was shown this month


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Kikkerland Perfect Temperature Wine Thermometer Bottle Cuff
Because you can't serve hot wine.
I love these salt and pepper shakers locked arm in arm, married to adding flavor to your food, to your life. Fabulous white ceramic design from Kikkerland.Added 8 Years Ago from Amazon.com
How wonderful is this diving Kikkerland figure wall hook? It reminds me of the reverse crucifixion, it its the affirmation of human kind. Is it a clothes hook or is it art? You decide...Tags: home decor, clothes, hooks, figure, naked, Kikkerland, human bodyAdded 8 Years Ago from Amazon.com
Amusing yet practicalTags: home, kitchen, entertaining, beer, bars, cleaning, decorations, alcohol, drinkingAdded 9 Years Ago from Blogspot


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This Is Joaquin Phoenix's 19-Year-Old Girlfriend
Here's Allie Teilz the for realz girlfriend of Joaquin Phoenix who's supposedly 19 or 20, but also has a history of lying about her age to score DJ gigs. I'll ready the Chris Hansen signal. Via Bullet Media:
When I was younger I used to work production for arena shows in Vegas and… More »


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Professor of Philosophy
The Ethics of War: Essays, a collection of papers I co-edited with Saba Bazargan-Forward, was recently published by Oxford University Press (2017). Contributors to the collection include: Andrew Altman, Richard Arneson, Kai Draper, Adil Ahmad Haque, Mattias Iser, Seth Lazar, Larry May, Jeff McMahan, David Rodin, Nancy Sherman, Victor Tadros, and Francois Tanguay-Renaud.
The Ethics and Law of Omissions, a collection of papers I co-edited with Dana Kay Nelkin, will be published by Oxford University Press in the latter half of 2017. Contributors to the collection include: Lawrence Alexander, Randolph Clarke, Kimberly Kessler Ferzan, John Martin Fischer, Douglas Husak, Dana Kay Nelkin and Samuel Rickless, Carolina Sartorio, George Sher, Angela Smith, Matthew Talbert, Gideon Yaffe, and Michael Zimmerman.
March 2016: I spent a wonderful two weeks at Trinity College, Dublin, working on George Berkeley's moral and political philosophy, and participating in the activities and programs at the Trinity Long Room Hub. I am very grateful to the faculty and staff at the Hub and the Trinity philosophy department for being such wonderful hosts. The product of my labors in Ireland, "The Nature, Grounds, and Limits of Berkeley's Argument for Passive Obedience", was published in Berkeley Studies.
April 2016: I gave a presentation on inclusive pedagogy in the history of philosophy at the New Narratives in the History of Philosophy Conference, Duke University.
November 2016: I presented a paper, "The Nature of Self-Defense", at a conference on Uwe Steinhoff's work on self-defense organized by the Institute for Law and Philosophy at the University of San Diego School of Law. The paper is forthcoming in the San Diego Law Review.
January 2017: I presented a talk,"Is Shepherd's Pen Mightier Than Berkeley's Word?", on Lady Mary Shepherd's criticisms of George Berkeley's arguments for idealism, sponsored by the International Berkeley Society at a meeting of the Eastern Division of the American Philosophical Association in Baltimore.


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Meet Scapple, a freeform mind-mapping software that lets you easily record and find connections between your ideas. It's designed to help you put all your ideas in one place, then draw logical conclusions about them. Whether you're working on a business venture, blog, or tech project, Scapple is the tool you need to take your work to the next level.
For a limited time, Scapple is available for both Mac and PC for only $8.99 (40% off) in our Nerd Approved Deals Store! Features include:
-Quickly jot down ideas to make sense of them
-Trace lines or arrows between related ideas
-Double click anywhere on the canvas to type
-Move notes around & never run out of space (unlike w/ paper)
-Group notes together in different shapes
-Easily share ideas w/ others
Scapple on Mac / Scapple on PC (
$15 $8.99)


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Selling a Blue Quaker with two cages and play gym. Asking $300.00 or best offer. Need to sell for health reasons (severe allergies). Please respond…SOLD
Free to good home - Female Quaker Parrot (DNA sexed when initially purchased). In-laws are moving in, and we're reducing our animal population. She shares…SOLD
Breeder pair of quaker parrots. Lutino Female/blue hatched 5-8-13, Male = Blue/lutino hatched 7-1-13. Cage included. They laid their first eggs this…SOLD
Young green quaker parrot his/her name is Bowser. He/She is about 6 months old. Will come with his/her cage when you buy the bird. You can text me on 224…SOLD
Star is a very sweet little guy. We don't have the time to spend with him like we thought we would and would like to see him in a home where he gets…SOLD


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Fred Talbot is a well-known meteorologist, teacher and television presenter who was born on 17 December 1949 in Edinburgh, England. He than began educating Altrincham Grammar School for Boys.
He than slowly came into media by radio. He used to present weather intially and was given Weatherman of the entire year in the year 1998. He was detained by authorities in the year 2013 investigating allegations of child sex in Altrincham Grammar School. He's been found guilty of mistreating his pupils.


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We help you search for a Fowey tuba teacher. Tuba tuition are an excellent way to start an entertaining new hobby, acquire a new talent and attain confidence with tuba. Try our site to search for Fowey tuba tutors and select which matches your needs so you can start your tuba lessons in Fowey immediately!
First Tutors: Music is the fastest way to find Fowey tuba teachers in the UK, helping you find Fowey tuba lessons close to you and Fowey tutors to help with any instrument, for example, piano, violin or guitar. We can help you find Fowey tuba tuition or a one-to-one Fowey tuba teacher to prepare for tuba exams and develop your tuba skills! We order Fowey tuba tutors local to you by their hourly charges and proximity to you.
If you are a tuba teacher wishing to offer tuba lessons in Fowey or anywhere else across the UK, please register with First Tutors: Music or learn about us here. Becoming a Fowey tuba tutor is a great way to re-affirm your own skills by giving tuba lessons while helping others, all in Fowey!


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Bikini Tops
Not sure what style bikini top you're after? Feel free to browse our entire collection of cute swimsuit tops below. Or follow the links to check out our different style swimwear tops.Whether you're after cheeky Brazilian bikini tops, reversible bralette bikini tops or high neck halter tops we have you covered.
Our triangle swimwear tops are an old favourite & the newest addition to our swimwear range are our rash vests, which have been super popular with all the girls that love to surf. Most rash vests are boring & dull, ours are super bright & colourful.
But by far our most popular style with all the girls and ladies is our mega boost bikini top. This style will have you feeling super sexy, with it's padded push up support, that's hard to find in a bikini that feels & looks great whilst making you feel sexy, but our unique push up bikini tops do just that!
At Dollboxx we love summer, good vibes & fun times. So all our swimsuit tops are super colourful to reflect our positive personalities. What's your favourite bikini colour? We have so many colours! Neon pink, black, khaki, green, yellow, purple, blue, prints + so much more! Our collections are designed to easily mix & match any of our bikini tops with our colourful bikini bottoms.
All Dollboxx swimwear tops are designed from scratch in Sydney, Australia where Dollboxx was founded.


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Write some Hospital Management Software
Presupuesto ₹1500-12500 INR
i need one software for my hospital management.
25 los freelancers están ofertando un promedio de ₹18310 para este trabajo.
Hello Sir I have excellent product develop on PHP Framework with Angular.js, My employee having 7+ years and done this project ============================ ONLINE MEDICAL APPOINTMENT ========================== Más
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NEW YORK - JANUARY 12: NY Times Arts & Leisure Week Presents Feist.
January 12, 2008, Canadian-born, indie-rock musician Leslie Feist talks about her exploding career as NY Times Arts & Leisure Week Presents Feist on January 12, 2008 at the Times Center in New York, New York. PHOTO CREDIT: © 2007 by Steve Mack | Booking Inquries Contact: Steve Mack | tel: 917.202.4358 |e-mail: firstname.lastname@example.com | PLEASE NOTE: These images are available for licensing through FilmMagic and Getty Images.Read More


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£120,000 Offers over
Next Home are delighted to bring to the market this 2 BEDROOM TERRACED VILLA situated in the highly sought after City of Perth. The property consists of: entrance porch, lounge, kitchen, 2 bedrooms and a bathroom. The windows are fully double glazed throughout and warmth is provided through gas central heating. Externally this property benefits from off street parking to the front and good sized garden to the rear. The property is close to the City Centre which offers a wide range of local amenities including High Street shopping, supermarkets, recreational facilities and good schooling with a range of primary and secondary schools on offer. There are regular bus routes to surrounding areas and there is easy access to all major motorway networks leading to the larger cities of Dundee, Stirling, Edinburgh and Glasgow. Viewing is highly recommended. EPC Rating C
Entrance Porch - 1.02m x 0.99m (3'4 x 3'3 )
Lounge/Dining Area - 6.43m x 3.48m (21'1 x 11'5 )
Kitchen - 2.64m x 2.24m (8'8 x 7'4 )
Landing - 2.11m x 0.91m (6'11 x 3'0 )
Bedroom 1 - 3.20m x 2.74m (10'6 x 9'0 )
Bedroom 2 - 3.45m x 2.59m (11'4 x 8'6 )
Bathroom - 2.49m x 2.06m (8'2 x 6'9 )
This house description is based upon information supplied by the owner, or on behalf of the owner. These property particulars are produced in good faith and do not constitute or form part of any contract. s1homes do not take any responsibility for the accuracy of the information contained in this document.
If a property value displays '0', don't worry it just means no properties have been sold in that area during that time.
Sold house price data is supplied to us by the Registers of Scotland, a government department responsible for compiling and maintaining property registers, every month. There can be a delay of up to 3 months from when a property is sold to being recorded with Registers of Scotland. We provide house price data for your information only, we do not accept any liability for any errors. If you have noticed any incorrect information, please contact Registers of Scotland.


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"Georgia is my leader," said Allen. "I would say that LSU is number two and Tennessee is number three. I still have a little feeling for Alabama and I (officially) visited them a few weeks ago. They have always been in the back of my mind."
There is a problem for Alabama with Allen. He wants to graduate in December. If he does, he will have to make a decision and enroll in college in January. Alabama will not hear back from the NCAA about punishment for recruiting violations until mid-January at the earliest.
"They are not out but it may be hard to pick them because of that stuff (recruiting violations).
Allen, 6-1 and 195 pounds, will visit Georgia (December 7) and Tennessee (December 14). He already visited LSU. Georgia is recruiting him as a running back, Tennessee as a wide receiver and LSU as a defensive back.
Special thanks to BorderWars.com for this story.
Visit DawgPost.com's Recruiting Story Archive
To Read Dean Legge's article on Jason Allen click HERE


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San Diego Man Profits From Underage Drinkers
Underage drinking has been a big problem for a long time. With many ways for underage drinkers to get their hands on alcohol, the fight has been a tough one.
Although most resellers do a good job by carding buyers who look younger than 40, there are still many loopholes. Between relatives, friends, and social events; alcohol is easily finding its way to minors.
A local San Diego man is definitely not helping the cause. Police arrested 25 year old Eduardo Hidalgo Sunday for his part in the underage drinking problem. Not only was he helping minors consume alcohol, he was profiting from it.
According to authorities, Hidalgo was using a warehouse that he worked at to host a party full of minors and alcohol. Police arrested Hidalgo on suspicion of violating the social host ordinance in San Marcos.
The 8,000 foot warehouse used to host the event belonged to Hirsch Piping Supply and was not intended to be used for the event. According to Sgt. Matt Blumenthal, Hidalgo was allegedly charging minors at the door to enter the party. Inside were multiple kegs, beer pong tables, and a substantial supply of liquor and beer. Authorities also seized $886 in cash, which they believe to be profits from the party.
Hidalgo was arrested and booked at Vista Detention Facility.
If you know a young person struggling with alcohol abuse, please contact us.
Original article 10news.com/news/


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Banyon Fund Accounting is a great fit for many businesses. Find out if it's the right choice for you! Are you looking for a Banyon Fund Accounting demo, technical support, product or pricing information or to simply to compare Banyon Fund Accounting with competitive options? Quickly get answers and the information you need.
WinFund Budgets allows for budgeting on a yearly or monthly basis. Budgets can be copied from the previous year to the following year. You can also use our budget tool to increase or decrease a certain fund or department by a percent or dollar amount. Many budget reports are also available including a budget worksheet and budget analysis. The analysis can show the past 3 years of budget vs actual and allows for a blank line to add notes for a proposed budget. All reports can also be exported to word, excel, or saved as .pdf
"Budgets" is part of the Banyon Fund Accounting line of products, developed by Banyon Data Systems.


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Louboutin Sues Yves Saint Laurent for Red Shoe Soles
It looks like the color red is causing quite the stir for Christian Louboutin. The fashion icon is suing Yves Saint Laurent for using red shoe soles. Louboutin has reportedly asked Saint Laurent to stop slapping rouge onto the bottom of his brand's pumps since January ...
Read More
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We report a simple experiment to directly determine the critical power for self-focusing in air by measuring the focal shift of the focused femtosecond Ti:sapphire laser pulses. The measured critical power is 10 GW for the 42 fs laser pulse; it gradually decreases to 5 GW for (chirped) pulse duration longer than 200 fs.
© 2005 Optical Society of AmericaFull Article | PDF Article
OSA Recommended Articles
Juyun Park, Jae-hwan Lee, and Chang Hee Nam
Opt. Express 16(7) 4465-4470 (2008)
N. T. Nguyen, A. Saliminia, W. Liu, S. L. Chin, and R. Vallée
Opt. Lett. 28(17) 1591-1593 (2003)
Rachel Nuter and Luc Bergé
J. Opt. Soc. Am. B 23(5) 874-884 (2006)


text:
The Democratic women's group EMILY's List has endorsed New York City mayoral candidate Christine Quinn, an unusual foray into local politics.
EMILY's List rarely gets involved in non-federal races and has never endorsed in a New York City mayoral race. If she wins, Quinn would be the first female mayor of the largest city in the country. EMILY's List president Stephanie Schriock said the group is "ready to shatter the glass ceiling."The group has more than 2 million members. Last year they helped elect Rep. Grace Meng (D-N.Y.) of Queens with a campaign that included sophisticated online targeting.
Quinn is the early frontrunner in the race, but Mayor Michael Bloomberg, whose third term will end in December, is reportedly searching to recruit a high-profile challenger. Quinn faces primary challenges from public advocate Bill de Blasio and former comptroller William Thompson.


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[quote:Anonymous Coward 12016255:MV8yMDAwMTU0XzMzODk4MjMwXzZERDgwQjg4] "The answer to the name Titor lies in the synchronization of the 2 (which spiritually is 11) letters T is the 20th letter in the alphabet." <How can you understand a letter and a number spiritually? Because it's all interconnected. Explore the relationships with the alphabet and numbers. The vibration is more or less gonna be the same for everything. Spiritually two T's together can be written like this: T = 20 or 2 or 11 T = 20 or 2 or 11 11 + 11 = 22 2+2 = 4 John = 4 letters. And yes I is the 9th letter of the alphabet. Which is 11 letters from T. Don't know if that even means anything but it was an observation I made. It's learning how to explore synchronizations in that fashion that will lead you to all more clarity. You could say the 1900's have a S vibration. The 2000's have a T vibration. On a side note: what's a lower case t. A cross. What's 4 letters from the letter T...X. What's the X? Another cross or diagonal 11 basically. See how it goes from one connection to the other. It all starts with fundamentals. The power of 4 is something that needs to be understood to achieve true balance. "It's that power that I just talked about that makes people believe that I can see the future. And if I let them in on my secret I would just say I understand the numbers 1-9 numerologically and spiritually well...and I understand the 26 letters of the English alphabet well. Once you have those fundamentals down YOU CAN DO ANYTHING." < How do I do this? What I recommend is learning how to spell out the numbers in your mind. Don't think 1 2 3. Think one two three four...etc. It helps your visualization mechanism in the mind "see better." You should also know what number in the alphabet every letter is. The average person would not know T is the 20th letter right away. Once you visualize on one level plane you will be able to define things better in your reality. You'll explore root words. You will become a decoder of the language which I'm sure will help you learn other languages. I have not really tried that much in my life yet. I like the English language too much. If they taught young kids this stuff from the start they'd be able to translate information at a better rate. But they'd rather waste our time teaching us how to write in cursive. "The English language is coded. Anybody who has been somebody throughout history has known this. Colors, letters, numbers, symbolism all play a major role in our lives subconsciously. Now once you consciously put everything together you become the teacher, the business owner, the coach, the whatever and you get to create your own scheme." < Teach me this. I just did in the answer above. "The part about how the world is going to be like Avatar was somewhat real. But all the personal stuff was false. I am sure you will get married one day. You are the one who creates the template so no I know nothing of your future. I don't have that power. Nor does anyone else you encounter so don't give away your power to anyone. It all comes from within. Remember the future is just another version of the now. So the template reality you create now that appears to be the future is actually just an extension of the now. So congrats you can see the future. Here's the biggest trigger Goku used when I first met him: "all you have to do is use your imagination." It was with that thought that my entire reality was shifted." < I completely missed this post, don't know how... Stop worrying so much hmm? Ok i'll try that. -- See how you completely missed that post but it was there all along. You just had to tap into that version of the now to get the full story. Everything you need to know is already within yourself. You don't need to go on some long soul searching adventure to find out the truth about world politics or time travel. You already know the answers. We all do. [/quote]
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Where is the original poster of "You should cancel the olympics?"? Why did (s)he leave? Why don't you go more in depth about what happens in the future? Dont you want to see all of this stopped? You are only giving us basic information, nothing in depth that can help us significantly, the timelines are already different so what does it matter?" And also, you need a controller to play those games, what do you use? What are the new consoles of the future? Can you play on the emulated games's multiplayer? What are the phones like? Since you are from the future, can't you go see this exact conversation if you go back to the future? Ren said he was not from the future but he knew a lot about the future, can you explain that? What happens on the October 28th? As a safety measure, i know if i was the MIB that sent you on this mission i would have sent more than one person, where are they, like the "multiple men" who said "titor is legion" when they "saved hillary"? I can not find any documentations about how these people supposedly stopped the assassination. Are there holograms in the future? When does the flooding start? Do you know anything about me in the future? Why hasn't the john titor website been used in a while? Was the supposed picture john showed of the time machine real? The Dragon Ball Z character Trunks was inspired by the John Titor story and he even used a time machine similar looking to the john titor departure video. How accurate was DBZ time machine?
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Since its creation in 1989, the Agency for Healthcare Research and Quality (AHRQ) has spearheaded efforts to boost the quality of health care in the United States, including funding research on the comparative effectiveness of interventions. The agency has also helped identify challenges to translating new research findings into practice, pointing out that findings can take as long as 17 years to make their way into practice, often with only spotty uptake. However, the Department of Health and Human Services received $1.1 billion in funding for comparative effectiveness research (CER) as a result of the American Recovery and Reinvestment Act (2009), of which $473 million was invested in research supported by AHRQ. Now, with additional funding for CER from the Affordable Care Act (2010), AHRQ is poised to take an even bigger role in the future of US health care.
Kuehn BM. A Push for Comparative EffectivenessUS Initiatives Aim to Empower Patients, Physicians. JAMA. 2012;307(15):1570-1571. doi:10.1001/jama.2012.471
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Between God ,The Devil and a Winchester (1968) / Boothill (1969)
Gilbert Roland,
Bud Spencer &
Terence Hill
Dario Silvestri,
Giuseppe Colizzi &
Marino Girolami
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DVD Features:
- Rated: Not Rated
- Run Time: 3 hours, 11 minutes
- Video: Color
- Released: January 8, 2008
- Originally Released: 1968
- Label: Alpha Video
- Encoding: Region 0 (Worldwide)
- Packaging: Keep Case
- Aspect Ratio: Full Frame - 1.33
Performers, Cast and Crew:
|Gilbert Roland, Bud Spencer & Terence Hill
|Directed by
|Dario Silvestri, Giuseppe Colizzi & Marino Girolami
Description by OLDIES.com:
This Italian/Spanish coproduction provides Gilbert Roland with one of his most interesting roles. Born Luis Antonio Damaso de Alonso in Juarez, Mexico, the charismatic Roland entered Hollywood films in 1923 with an uncredited part in The Hunchback Of Notre Dame. He later acted opposite Clara Bow, Mae West, Paul Muni, James Stewart, and made memorable appearances on hit TV series "Hart To Hart," "Gunsmoke," "The F.B.I.," "The Fugitive," and "Death Valley Days."
Starring Gilbert Roland, Richard Harrison, Ennio Girolami, Roberto Camardiel; Directed By Dario Silvestri.
Boothill (1969, Color, 92 minutes): Terrence Hill and Bud Spencer are back - shooting and slugging their way through hilarity and action in this final "Trinity" western. A ruthless mining company is murdering prospectors in order to take control of a gold-rich territory. Wandering gunman Cat Stevens, who has already taken a bullet while dispatching three savage gunslingers, soon finds himself caught in the conflict. Recruiting comrade Hutch Bessy, the hero embarks on a madcap battle of wits to thwart the hired guns.
Hill and Spencer co-starred in 19 movies, including the smash They Call Me Trinity and Trinity is Still My Name. Hill was born Mario Girotti and Spencer was the former Carlo Pedersoli, but an initial brush with 1960s Italian westerns encouraged them to Americanize their screen names. The inimitable team is given solid support by western veteran Woody Strode, gravel-voiced Lionel Stander, and the equally colorful Victor Buono (most famous for his Academy Award nominated performance in 1962's Whatever Happened to Baby Jane and as the villainous King Tut on the "Batman" TV series).
Starring Terrence Hill, Woody Strode, Bud Spencer, Eduardo Cianelli; Directed By Giuseppe Colizzi.
Product Description:
BOOTHILL: The Trinity Boys battle more bad guys between belly-laughs.
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It was the second time my power went out in one day. The first time was at two in the morning when a nearby fuse or transformer blew causing a power outage. Other than the backyard solar light glowing, the entire neighborhood was cast into ... Read More
Cold Weather Survival: Survive in a Stranded Car
I've experienced that gut-jolting feeling more than once, and you have too. You turn the key to your car expecting to hear the roar of the engine...and...nothing. Or, you're cruising along the highway when you notice that the gas pedal isn't quite ... Read More
Avoid the Fake News Trap: 9 Tips to Get Accurate Information
Many of us in the prepper world feel like the news is biased, or at best, incomplete. Lately, "fake news" has been in the headlines, reaffirming that we can't believe what we see or hear when it comes to the news fed to us by mainstream media. One ... Read More
A Mom's Guide to Preparing For Civil Unrest
Over the summer of 2016, certain websites forecasted a string of protests around the United States. As it turned out, these protests often lead to riots. In most cases, there is no warning for such events, but this time, we were paying attention to ... Read More
What Are Your Prepper Limitations?
Many years ago I was in an entirely different career in which I managed and trained more than 200 sales reps for a national company. As part of my position, I attended some truly excellent executive training sessions, intended to help me become more ... Read More
Calling for Backup: How to Stack the Deck in Your Favor When a Disaster Strikes
For many of us, it's hard to ask for help. We pride ourselves in our preparedness for emergencies; in many cases we are the go-to people in our social circle for what to do in case of…fill in the blank. Or at least we know who to ask or where to look ... Read More
Staying Safe in a Crowd
Love them or hate them, large crowds cannot always be avoided and they have inherent dangers ranging from pickpockets to riots. It's good to be prepared for those dangers and keep in mind crowd safety. You just need to use your head in order to stay ... Read More
5 Bad Habits That Will Kill You
Everyone has bad habits. I don't believe there is a human being alive who doesn't. In everyday life, most of these aren't a big deal. You're not a bad person if you have a weakness for chocolate. So you forget to put your shoes away, no one is going ... Read More
EMP Survival & The First 15 Things You Must Do Immediately After an EMP
Get my FREE Special Report, "The First 15 Things You Must Do Immediately After an EMP" via email. Sign up here, I've been working on a book about EMP survival for the past couple of months. It hasn't been an easy task, since much of what I'm ... Read More
Tight Space Prepping: Preparedness for power outages
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Red Clapp Pears
$ 200.00
Artist Jennifer Von Holstein is fascinated by the beauty of the natural world. This original watercolor painting is a still life displaying the detail, color and texture of Red Clapp Pears with casted shadows and an intriguing perspective. The original painting measures 9" x 12" on watercolor paper. Archival reproduction prints are available in sizes 9" x 12" and 5" x 7". Original paintings will ship within 10 days. Prints will ship within 2 weeks.


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ExxonMobil Awards $225,000 in Scholarships
Sudents at the company's Texas Science and Engineering Fair receive awards at two-day event in San Antonio.
SAN ANTONIO -- This year's ExxonMobil Texas Science and Engineering Fair awarded top honors to more than 220 students during the two-day event which took place at the Henry B. Gonzalez Convention Center here.
Among those receiving awards were Ashwathi Mohan and Derek Lam, who were given the Best in Fair awards from a field of approximately 1,500 top middle and high school students from across Texas.
"We are proud to support initiatives, such as the ExxonMobil Texas Science and Engineering Fair, which encourage young people to investigate science and math topics they may not have the opportunity to explore inside a classroom," Truman Bell, senior program officer for education and diversity for ExxonMobil Foundation, said in a released statement. "Whatever their career goals, the experience and critical-thinking skills gained by participating in a science fair will aid students as they complete their education and embark into their future."
ExxonMobil served as title sponsor of the event for the eighth consecutive year and provided $75,000 to support the fair. According to a spokesperson, a portion of the grant went toward a diversity recruitment initiative, which assists qualified students with project and travel expenses.
"We are proud of our partnership with ExxonMobil and thankful for their ongoing support in making this fair possible for outstanding Texas students," Stuart Birnbaum, associate professor for the University of Texas at San Antonio (UTSA) and executive director of the ExxonMobil Texas Science and Engineering Fair, said in a released statement. "The sophistication and creativity of these projects grows each year and we congratulate all of this year's participants on a job well done."
In total, more than $225,000 in scholarships were awarded during the state competition, which celebrated its 22nd year and was presented by the Texas Science Careers Consortium and hosted by the UTSA. Grand prize winners in the senior division received all-expense paid trips to compete in the Intel International Science and Engineering Fair (Intel ISEF), which will be held May 11-17 in Atlanta.


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Station House Coffee
$ 15.99
Station House Coffee from Thetford, Vermont offers high-quality whole bean coffee for all coffee lovers. They are an independently owned company that offers a wide variety of small batch coffee from around the world. Three varietal blends offered: Nicaragua El Recreo Estate Whole Bean Arabica Medium Roast, Nicaragua El Recreo Estate Whole Bean Arabica Dark Roast, Rosebud Espresso Blend Dark Roast.


text:
(Docket No. 210)
PONSOR, District Judge.
Defendant Kristen Gilbert has been indicted on four counts of murder, three counts of attempted murder and six counts of assault with intent to murder, all alleged to have been committed upon patients while she was a nurse at the Veterans Affairs Medical Center (VAMC) in Northampton, Massachusetts. The Government has filed a notice of its intent to seek the death penalty if defendant is convicted of any of the four murder counts. See Memorandum in Support of Defendant's Motion to Strike, Docket No. 211, Exhibit A (Government's Notice). In its Notice, the United States listed the statutory and nonstatutory aggravating factors that it wishes to present to the jury in support of a death sentence.
Defendant has moved to strike portions of the four nonstatutory aggravating factors the Government proposes to offer to the jury as justification for the death penalty, if the trial reaches that stage. Specifically, she objects to portions of Factor 2, entitled "Other, charged and uncharged, acts of violence and other offenses," which has six sub-paragraphs, and Factor 3, entitled "Future dangerousness of the defendant," which now has seven sub-paragraphs.
Defendant's motion presents a profound question: what may a jury consider in deciding whether a capital defendant should live or die? Congress has not provided specific guidelines for the admissibility of such evidence. Rather, it has entrusted trial judges both with substantial responsibility and with broad discretion to act as guardians of the sentencing process. The courts must ensure that the evidence presented to the jury in capital sentencing hearings is truly worthy of consideration in a decision as grave as this.
The discussion that follows will first explain the general structure of the sentencing process in a capital case, and the considerations that inform it, then address the proposed nonstatutory aggravating factors challenged by the defendant.
A. The Penalty Phase in General.
The nonstatutory aggravating factors before the court today contain some of the last pieces of evidence that may appear before the jury in this case. As required by the Supreme Court, the Federal Death Penalty Act bifurcates capital trials into a guilt/innocence phase, which is just like any other murder trial, and a sentencing phase, in which the jury decides whether to impose a death sentence. See 18 U.S.C. § 3593(b); Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976). The nonstatutory aggravating factors become relevant in the sentencing phase, which the
Within the sentencing phase, Congress has set up a two-part screening procedure that the jury must undertake before it may even consider the imposition of the death penalty on a capital murder defendant. First, the jury must unanimously find beyond a reasonable doubt that the defendant "intentionally killed the victim" or intentionally engaged in specific conduct that resulted in the death of the victim. See 18 U.S.C. § 3591(a)(2)(A)-(D). Second, the jury must unanimously find at least one of sixteen statutorily-prescribed aggravating factors to be present. See 18 U.S.C. § 3592(c)(1)-(16). These "statutory aggravating factors" were drawn up with some care; they consist only of conduct making the instant offense a great deal more culpable, or prior convictions for other serious crimes. See id. Three statutory aggravators are asserted here: the "heinous, cruel, or depraved manner" of the alleged murders, the "substantial planning and premeditation," behind them, and the "vulnerability" of the victims "due to old age ... or infirmity." See 18 U.S.C. § 3592(c)(6), (9), (11).
If both the intent element and at least one statutory aggravating factor are found by the jury unanimously and beyond a reasonable doubt, then the jury considers the "nonstatutory aggravating factors" offered by the Government. By statute, these factors may consist of victim impact testimony and "any other relevant information." 18 U.S.C. § 3593(a)(2). As with the statutory aggravating factors, the Government must prove the nonstatutory aggravators beyond a reasonable doubt. The jury must balance all the aggravating factors against any mitigating factors offered by the defendant and decide whether to impose the death penalty or life imprisonment without the possibility of parole.
B. Standard of Review.
Through interpretation of the Federal Death Penalty Act and the rulings of the U.S. Supreme Court, the federal courts have arrived at a three-part test to guide their discretion in evaluating nonstatutory aggravating factors. See United States v. Davis, 912 F.Supp. 938, 943 (E.D.La.1996). First, the information must be "relevant." Id. The provision on nonstatutory aggravating factors allows the introduction only of "relevant information" (of which the Government has given notice) that may tend to make the death penalty more appropriate. 18 U.S.C. § 3593(a)(2). Second, the information must meet the "heightened standard of reliability" the Supreme Court has required in death penalty cases. Ford v. Wainwright, 477 U.S. 399, 410-11, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986); see also Spaziano v. Florida, 468 U.S. 447, 456, 104 S.Ct. 3154, 82 L.Ed.2d 340 (1984). Finally, even if relevant and reliable, proposed aggravating factors may be excluded if their probative value is outweighed by the danger of unfair prejudice to the defendant, confusion of the issues, or a likelihood that the jury will be misled. See 18 U.S.C. § 3593(c).
1. Relevance.
For a nonstatutory aggravating factor to be "relevant" within the meaning of the statute, it must be "sufficiently relevant to the consideration of who should live and who should die." Davis, 912 F.Supp. at 943; see also United States v. Friend, 92 F.Supp.2d 534, 541 (E.D.Va. 2000); United States v. Peoples, 74 F.Supp.2d 930, 932 (W.D.Mo.1999). Congress could not have intended the word "relevant" to mean anything less, given the strong Constitutional policy favoring guided and measurable jury determinations on capital punishment. See generally Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976); Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972). As the Supreme Court has held, aggravating factors in death penalty cases must be "particularly relevant to the sentencing decision," not merely relevant, in some generalized sense, to whether defendant
2. Reliability.
The second factor a court must consider is the reliability of the information. The Supreme Court has emphasized that heightened reliability is crucial in capital sentencing hearings because of the uniquely grave consequences of a death verdict. See Ford v. Wainwright, 477 U.S. 399, 410-11, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986); Woodson v. North Carolina, 428 U.S. 280, 305, 96 S.Ct. 2978, 49 L.Ed.2d 944 (1976) (plurality opinion). Indeed, some information that might be admitted in a normal sentencing hearing will be insufficiently reliable for the jury to use in considering whether a defendant should be put to death. See Davis, 912 F.Supp. at 943.
3. Probative Value Versus Prejudice.
Finally, even if the proffered information is relevant and sufficiently reliable, it may still be excluded if its probative value "is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury." 18 U.S.C. § 3593(c). The balance of probative value and unfair prejudice must be weighed more carefully in a death penalty case than in normal cases. Under the statute, probative value need not be "substantially" outweighed by prejudice, as Fed.R.Evid. 403 generally requires. See id.
C. The Government's Nonstatutory Aggravating Factors
1. Factor 2—Other Offenses.
Defendant first attacks the Government's Factor 2, entitled "Other, charged and uncharged, acts of violence and other offenses," which has six sub-paragraphs.
Sub-paragraphs 2a through 2d allege four instances of uncharged violent criminal conduct by the defendant. Sub-paragraph 2e would introduce statistical evidence linking defendant's on-duty presence to patient deaths over the course of six years at the VAMC. In sub-paragraph 2f, the Government seeks to present the defendant's prior conviction for making a bomb threat to the VAMC at the time she was being investigated for patient deaths.
Defendant argues that evidence of uncharged criminal conduct may not be introduced as an aggravating factor, because admission of such evidence would violate fundamental fairness, ignore the heightened reliability requirements of the Eighth Amendment, and disregard Congressional intent. She argues that a jury that has just convicted a defendant of first degree murder could not possibly weigh evidence of other criminal conduct by the defendant impartially at sentencing. A convicted first degree murderer, her argument goes, would automatically be considered capable of committing any crime. According to defendant, the evidence therefore fails to meet the Eighth Amendment's requirement of heightened reliability in capital cases. As for Congressional intent, defendant argues that to allow any uncharged criminal conduct to come in as a nonstatutory aggravating factor would block Congress's goal of guided and measurable determinations in capital sentencing. To achieve this goal, Congress carefully limited the kinds of prior criminal convictions that qualify as statutory aggravating factors. It therefore could not have intended to throw the door wide open to other, uncharged crimes for use as nonstatutory aggravators.
These arguments will not wash, for several reasons. First, the overwhelming majority of federal courts has held that neither the Eighth Amendment nor the due process clause impose a per se barrier to the use of unadjudicated criminal conduct in capital sentencing. See, e.g., Hatch v. State, 58 F.3d 1447, 1465 (10th Cir.1995) (upholding use of prior unadjudicated conduct from due process challenge), cert. denied, 517 U.S. 1235, 116 S.Ct. 1881, 135 L.Ed.2d 176 (1996); United States v. Cooper,
Second, even if this court were not bound by precedent, defendant's arguments against admission are outweighed by the simple fact that evidence of other acts of violence by a defendant "is arguably more relevant and probative than any other type of aggravating evidence supporting imposition of the death penalty." Davis, 912 F.Supp. at 948. For the court to impose a per se ban on such evidence would give juries a far more positive view of many capital defendants than is true and accurate. This would detract from the reliability of capital sentencing, because the more information juries have about offenders, the more reliable and predictable their determinations will be.
Defendant's argument regarding Congressional intent also fails. Congress did not intend, in delineating statutory aggravating factors, to forbid the introduction of other crimes as nonstatutory aggravating factors. As Judge Berrigan explained in Davis, requiring a finding of at least one specific statutory aggravating factor serves a gate-keeping function, limiting the type of murderers who will be exposed to the death penalty in the first place. See Davis, 912 F.Supp. at 948, n. 25. Congress could rationally conclude that once the Government has passed this statutory threshold, other relevant and reliably-proven criminal acts, even if uncharged, might also be offered as aggravating factors supporting a death sentence. See id.; see also Zant v. Stephens, 462 U.S. 862, 878, 103 S.Ct. 2733, 77 L.Ed.2d 235 (1983) (holding that while statutory aggravators have an essential role in circumscribing the class of defendants eligible for the death penalty, the Constitution does not require the jury to ignore other possible aggravating factors).
However, a recognition that evidence of uncharged criminal conduct may be offered does not mean that any criminal act may be considered by the jury as an aggravating factor. As noted above, such crimes must be relevant to the decision of who should live and who should die. On the question of what crimes are so relevant, the court is guided by the statutory aggravating factors Congress has listed in 18 U.S.C. § 3592, which provide "a ready framework for determining Congressional intent" on this matter. Davis, 912 F.Supp. at 944. The statutory aggravating factors list only very serious or repetitive felony offenses, such as child molestation, previous conviction of a capital crime, or prior conviction of a felony involving a firearm. See 18 U.S.C. § 3592(c). From
Viewed in light of these considerations, the uncharged misconduct described in sub-paragraph 2a fails to qualify for consideration as a nonstatutory aggravating factor. Sub-paragraph 2a alleges that in 1987, eight years before the crimes are alleged to have been committed in this case, Gilbert scalded a young, mentally retarded boy with hot bath water while she was caring for him as a nurse. While of course disturbing, this allegation is simply of insufficient gravity to be relevant to whether the defendant here should live or die, for several reasons. First, there is no evidence that the alleged scalding resulted in severe injury to the boy. Second, any testimony about the incident thirteen years after the fact is not reliable enough to be used at a capital sentencing hearing. Third, no formal charges were ever brought in the matter, and there were no witnesses to the event; rather, symptoms exhibited by the boy later caused his parents to believe that an intentional scalding had taken place. In short, the incident lacks both the necessary weight and high degree of reliability to justify its consideration by the jury as part of the death penalty calculus.
Sub-paragraph 2b also fails for insufficient reliability. This sub-paragraph alleges that in 1988, defendant assaulted her husband, Glenn Gilbert, with a large kitchen knife. The Government has set forth very little information about this incident. Apparently, the first time it came to anyone's attention was during Glenn Gilbert's testimony before the Grand Jury in this case, ten years after the fact, following a bitter divorce between defendant and her husband. No injury seems to have occurred. Again, the gravity and reliability of this evidence is plainly insufficient.
The Government's sub-paragraph 2c, however, does state an aggravating factor that on its face is appropriate for the jury's consideration if the trial reaches the penalty stage. This sub-paragraph alleges that defendant tried to murder her husband, Glenn Gilbert, by lethal injection in 1995, around the time the charged murders here were alleged to have been committed. Obviously, an attempted murder is a serious crime, comparable to those listed as statutory aggravating factors in 18 U.S.C. § 3592(c). The court cannot say at this point that this evidence is irrelevant to the decision of whether the defendant should live or die. As to the reliability of this allegation, however, the court is unprepared at this time to render a ruling. Unlike the information in sub-paragraph 2b, the incident was reported within a relatively reasonable time from when it supposedly occurred. If the trial reaches the penalty stage, the court will consider a voir dire of the witness, at which the reliability of his testimony can be assessed. See Davis, 912 F.Supp. at 949 (ordering pretrial hearing on admissibility of proposed aggravating factors).
Sub-paragraph 2d, the assault and attempted murder by poison of Michele Cascone, may also deserve consideration by the jury in making the sentencing decision. In this episode, the Government alleges that Michele Cascone, a patient at the VAMC, died after four cardiac arrests while defendant was on duty. One of the Government's witnesses, a respiratory therapist, will testify that after she responded to one of the "codes" brought on by Cascone's cardiac emergencies, Gilbert pulled out a small glass vial from her pocket and asked her if she wanted some
Similarly, the Government may introduce the evidence summarized in sub-paragraph 2f, the conviction for making a bomb threat to the VAMC. The applicable federal statute specifies a maximum sentence of ten years for this offense. See 18 U.S.C. § 844(e). Moreover, the threat required evacuation of the patients at the VAMC's Ward C and Ward C annex to another building several hundred yards away. See United States v. Gilbert, 181 F.3d 152, 155 (1st Cir.1999). This hasty relocation put a number of patients at grave risk, as the defendant surely knew. The bomb threat has already been proven beyond a reasonable doubt, satisfying the reliability requirement. Its presentation should be fairly straightforward, and its probative value as to defendant's character is not outweighed by unfair prejudice. Defendant's motion to strike sub-paragraph 2f will therefore be denied.
In sub-paragraph 2e, the Government seeks to introduce "statistical evidence of the extremely high association of patient deaths and the defendant's presence on duty" during her tenure at the VAMC. This testimony was excluded from the Government's case-in-chief because of its unreliability and its potential for unfair prejudice. The matter needs no further discussion in this context, except to note that the concerns that drove the court's prior ruling are even more pertinent here, given the enhanced reliability required in a capital sentencing hearing and the lower threshold at which prejudice outweighs probative value. See 18 U.S.C. § 3593.
2. Factor 3—Future Dangerousness.
Defendant next challenges various sub-paragraphs of Factor 3 in the Government's notice, regarding the "future dangerousness of the defendant." The prosecution concedes that the jury must evaluate defendant's "future dangerousness" in the context of life in a prison setting, because if defendant is convicted, the only punishment that may be imposed other than the death penalty is life imprisonment without the possibility of parole. See, e.g., United States v. Cooper, 91 F.Supp.2d 90, 111-12 (D.D.C.2000); Peoples, 74 F.Supp.2d at 932; United States v. Nguyen, 928 F.Supp. 1525, 1542, n. 14 (D.Kan.1996). Defendant argues that none of the information summarized as part of Factor 3 has any relevance to her future dangerousness in a prison setting. Counsel point out that many of the sub-paragraphs do not describe violent tendencies at all. For example, sub-paragraphs 3b, 3c, and 3h allege that defendant tried to obtain medications or syringes through theft or false pretenses, and 3f states that she abused her position as a nurse. Sub-paragraph 31 alleges that defendant has feigned being overmedicated.
The Government in oral argument contended that these factors show that even in prison defendant will continue to be dangerous, because she is a "poisoner," and will use guile and cunning to obtain medications to poison staff or other inmates. The court cannot agree. The proposed information lacks any substantial relevance to defendant's dangerousness in a prison setting. It is simply inconceivable that, if defendant is convicted of first degree murder in this case, she will ever have the remotest opportunity to obtain poison or medication again. Any maximum security prison to which she is likely to be sentenced for the remainder of her life will be fully aware of the circumstances of her
Two other sub-paragraphs offer further evidence under the heading of "future dangerousness." The first of them, sub-paragraph 3j, describes an attempted breaking and entering into the home of defendant's extramarital lover, James Perrault. This, again, is of insufficient relevance to the jury's decision on the death penalty. The Government has failed to explain why this incident has any bearing on defendant's dangerousness in prison, where she would be under lock and key. Nor is it a prior criminal act of sufficient gravity that it would be relevant as a freestanding non-statutory aggravating factor.
Finally, sub-paragraph 3k describes a 1996 incident in which defendant allegedly threatened to stab Glenn Gilbert and tore a telephone off the wall at his residence in Florence, Mass. The incident was reported during the bitter divorce noted above. Even if the incident happened in the way described, it essentially amounts to a confused and angry outburst during a heated domestic dispute, conduct of insufficient weight to count towards the death penalty. As the court stated in Davis,
Davis, 912 F.Supp. at 945. Although tearing the telephone off the wall is admittedly an "affirmative act" accompanying the alleged verbal threat, the incident as a whole simply lacks sufficient gravity to be included among the factors that could lead to the defendant's execution.
For the foregoing reasons, defendant's motion to strike the Government's nonstatutory aggravating factors is hereby ALLOWED as to sub-paragraphs 2a, 2b, and 2e. Factor 3 is stricken in its entirety, defendant's motion having been ALLOWED as to all sub-paragraphs not waived by the Government. As to sub-paragraphs 2c, 2d and 2f, the motion is DENIED.
It is So Ordered.


text: Electric Costs The CPUC approves the amount that each electric utility can collect from its customers. This is a utility's "revenue requirement" and it is based on the cost of operating, maintaining, and financing the infrastructure used to run the utility; and on the cost of its procured fuel and power. The revenue requirement forms the basis for how electric rates get determined for each customer class. The CPUC regulates California's three large investor owned electric utilities – Pacific Gas and Electric (PG&E), Southern California Edison (SCE), and San Diego Gas and Electric (SDG&E) – as well as three smaller, multi-jurisdictional utilities: Bear Valley Electric Service, PacifiCorp, and Liberty Utilities. These multi-jurisdictional utilities provide electric services to small areas of California and outside the state. While the ratemaking for multi-jurisdictional utilities has some similarities to that of the big three, it also differs in several ways. For more information, see (More about ratemaking for the multi-jurisdictional electric utilities) The following types of regulatory proceedings determine the revenue requirements for California utilities. See links below for more specific information about proceedings and proceeding types: General Rate Case (GRC) proceedings authorize the amounts utilities can charge their customers for the cost to own, operate, and maintain their facilities.GRCs occur on a three year cycle for each of the big three utilities, and less frequently for the multi-jurisdictional utilities. (More about GRCs) Energy Resource Recovery Account (ERRA) proceedings (and their multi-jurisdictional utility counterpart proceedings) authorize the amounts the utilities can charge customers for the cost of purchasing fuel and power. (More about ERRAs) Nuclear issues before the Commission deal with the electric costs of power plants, ratepayer funding of and disbursement from the decommissioning trust funds, seismic studies at Diablo Canyon, and the SONGS investigation, among others. (More about Nuclear) Cost of Capital (COC) proceedings set the utilities' costs to acquire funds to finance the company's investment and operation. The Cost of Capital is the weighted average cost of debt, preferred, and common stock utilities have issued to finance their investments.(More about COC) At the end of each proceeding, the Commission issues a decision. (See Historical Decisions) For historical data on cost information and analysis by utility, click here. In addition to the above proceedings, there are others that approve smaller amounts of revenue requirement, including but not limited to: California Solar Initiative (CSI) The Self-Generation Incentive Program (SGIP) Demand Response (DR) programs Public purpose programs such as Energy Efficiency and the California Alternate Rates for Energy Program (CARE) DWR power and bond charges ** Public Utilities Code section 451 requires that the CPUC determine whether a utility's proposed rates, services, and charges are just and reasonable. **