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No Rest For The Ass
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Soldiers from 20 countries are to gather in Saudi Arabia for massive military exercises lasting 18 days, the official Saudi Press Agency (SPA) said. It comes as Riyadh has openly warned Syrian President Bashar Assad that he will be toppled.
The Saudi state agency made the announcement on Sunday, adding that participating troops will begin arriving in “the next few hours.”
The oil-rich nation described the exercises as “the largest and most important” military drills in the region’s history.
The so-called “Northern Thunder” exercise will take place in the north of the country and will include air, sea and land forces. SPA said that it will show that Riyadh and its allies “stand united in confronting all challenges and preserving peace and stability in the region.”
Among the participants will be Arab and African countries. The US and other Western powers have not been invited.
BREAKING: Saudi jets to fly missions in Syria from Turkish base https://t.co/w0CK8KzUiSpic.twitter.com/VCqbJFyEqN — RT (@RT_com) February 13, 2016
Sunday’s announcement comes as Saudi Arabia, which is a member of the US-led coalition against Islamic State (IS, formerly ISIS/ISIL), deployed military jets and personnel to Turkey’s Incirlik Air Base. The base is already used by the US Air Force for their planes conducting sorties in Syria.
Read more
While Riyadh says this necessary to “intensify” its operations against Islamic State in Syria, the move has sparked concern that the Saudis are getting ready for a full-scale ground invasion of war-torn Syria, where they are backing anti-government rebels battling Syrian President Assad.
In a recent interview with American media, the Saudi Foreign Minister flatly stated that Assad will be toppled if he does not leave during a political transition.
“Bashar al-Assad will leave – have no doubt about it. He will either leave by a political process or he will be removed by force,” Adel al-Jubeir told CNN.
At the same time, Saudi Arabia is leading a coalition that has been bombing Houthi rebels in Yemen since March. Riyadh went to war in Yemen to restore ousted President Abd Rabbuh Mansur Hadi, who fled from the Shiite Houthi rebels after his two-year term expired in January.
His predecessor, Ali Abdullah Saleh, who was formerly an opponent of the rebels, is now their ally and provides assistance them with tribal troops loyal to him.
READ MORE: Turkish, Saudi troops in Syria would be ‘catastrophic’ (OP-ED)
The Saudis also created a 35-member coalition to battle “terrorism” in Muslim countries last December.
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Sexy Babe Knows How To Suck A Cock
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John Griffin, 4th Baron Howard de Walden
Field Marshal John Griffin Griffin, 4th Baron Howard de Walden, 1st Baron Braybrooke (13 March 1719 – 25 May 1797), (born Whitwell), KB, of Audley End in Essex, was a British nobleman and soldier. He served as a junior officer with the Pragmatic Army in the Netherlands and Germany during the War of the Austrian Succession. After changing his surname to Griffin in 1749, he commanded a brigade of at least four battalions at the Battle of Corbach in July 1760 during the Seven Years' War. He also commanded a brigade at the Battle of Warburg and was wounded at the Battle of Kloster Kampen.
Origins
He was born John Griffin Whitwell, the son of William Whitwell by his wife Anne Griffin, sister and sole heiress of Edward Griffin, 3rd Baron Griffin of Braybrooke, and granddaughter of James Howard, 3rd Earl of Suffolk and 3rd Baron Howard de Walden (1619–1689).
Career
Whitwell was educated at Winchester College and commissioned as an ensign in the 3rd regiment of Foot Guards and lieutenant in the Army in 1739. He served with the Pragmatic Army in the Netherlands and Germany during the War of the Austrian Succession and was promoted to captain in his regiment and lieutenant colonel in the Army in March 1744.
Whitwell's aunt Elizabeth, Countess of Portsmouth agreed to leave him her interest in Audley End House if he changed his surname to Griffin: he did so in 1749, by Act of Parliament, becoming John Griffin Griffin. He became Member of Parliament for Andover in November 1749. Promoted to colonel on 29 May 1756 he became first major of his regiment on 9 May 1758. Promoted to major-general on 12 September 1759, he became colonel of the 50th Regiment of Foot in October 1759 and colonel of the 33rd Regiment of Foot in May 1760.
Griffin commanded a brigade of at least four battalions at the Battle of Corbach in July 1760 during the Seven Years' War. At Corbach, following the arrival of French reinforcements from Frankenberg, the allied army was forced to withdraw. He also commanded a brigade at the Battle of Warburg later that month where the allied army were more successful. He was present and wounded at the Battle of Kloster Kampen in October 1760.
Griffin was appointed Knight Companion of the Order of the Bath on 11 April 1761 and inherited Audley End House outright when his aunt died in 1762. Promoted to lieutenant-general on 26 March 1765, he became colonel of the 1st Troop, Horse Grenadier Guards in March 1766 and was promoted to full general on 14 April 1778. During the political crisis in the early 1780s at the end of the American Revolutionary War he was generally a supporter of William Pitt the Younger.
Pitt arranged for the Barony of Howard de Walden to be called out of abeyance in Griffin's favour, so elevating him to the House of Lords, on 3 August 1784 and for Griffin to be appointed Lord Lieutenant of Essex in November 1784. Griffin became colonel of the 4th Dragoons in March 1788, was additionally created 1st Baron Braybrooke on 30 August 1788 and was promoted to field marshal on 30 July 1796. He died at his home, Audley End House, on 25 May 1797 and was buried in the churchyard of St Mary the Virgin church at Saffron Walden.
Family
In 1749 he married Anna Maria Schutz and in 1765 he married Catherine Clayton; there were no children from either marriage.
References
Sources
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Category:1719 births
Category:1797 deaths
Category:People from Oundle
Category:Members of the Parliament of Great Britain for English constituencies
Category:British MPs 1747–1754
Category:British MPs 1754–1761
Category:British MPs 1761–1768
Category:British MPs 1768–1774
Category:British MPs 1774–1780
Category:British MPs 1780–1784
04
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Category:British field marshals
Category:British Life Guards officers
Category:Knights Companion of the Order of the Bath
Category:Lord-Lieutenants of Essex
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Filthy Milf Takes A Fist In Her Pussy And A Dick Up Her Ass
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Absorbing Man Multi-Media:Bio:
Carl "Crusher" Creel is a criminal and boxer when he is given a special Asgardian elixir by the villain Loki. The elixir gives Creel the ability to absorb the powers and properties of objects he touches. This power alliws Creel to become increasingly stronger, larger and more durable. He takes to carrying around a ball and chain that he uses both as a weapon and as a mean of gaining metal properties.
At one point Creel is nearly able to conquer all of Asgard. He is only stopped by Odin tricking him.
Relationships:
Creel has a romantic relationship with the super villainess Titania. Eventually, the two get married. He has joined numerous super villain groups.
Movies and TV:
A version of the Absorbing Man was the villain in Ang Lee's version of the Hulk. The movie is not considered part of Marvel's current cinema universe.
TV Agents of SHIELD
The Absorbing Man is set to appear in season 2 of Agents of SHIELD. I wonder if they will alter his origin to caused by Kraken rather than Loki.
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while redoing my 67 rs-ss, i purposely did not redo the engine for fear that the block would have to be decked. i put a timing chain in it along with nos oil pan and intake gaskets and that was it. i feel that if you have to replace the vin, you should not restamp it. my 05A Z-28 has the vin stamped by the oil filter, but had the block decked in 1979, before original was important. i dont "THINK" it is wrong to just put the engine numbers back as long as it does not include the vin. just my .02cents
This boils down to a question of ethics. If you lost your drivers license and it was cheaper to go down to Los Angeles to buy a replacement would you do it, most likely not because you would be encouraging the criminal element. I think the same applys here, the shops that do this type of work on not making money helping out poor guys who "mistakenly" ground off their Vin and engine numbers, they are making money helping people fake high dollar cars to get more money out of the sale at some point. I wouldn't restamp it because you cannot control the guy who owns the car 3 owners down the line who is selling it as original, someone will get burned by this car at some point.
I have a question to pose here. This won't help the discussion, but rather raise more questions.
Most of the COPO cars, Yenko cars, SS big blocks, Z/28's, etc. were bought with the intent of beating the pi$$ out of them. That being said, what is the liklihood that so many of these cars retained their original engines & transmissions post racing? Remember, back in the mid-1970's, big block engines were a dime-a-dozen. Also, who among us doesn't remember one or more late night engine swaps due to spun bearings, thrown rods, etc.?
I just wonder what will happen when an engine block shows up on eBay or else where that has the VIN of an "already existing"engine. just think of that recent sale of the tractor trailers full of GM muscle cars & engines. I wonder if any of those blocks haveduplicates already installed.
My 63 Corvette's block had been partially decked.3 of the original numbers are still visible. (off to one side)
A good friend of mine is a detective with the local police auto theft division.
He worked on my pad for few hours. We finally had to stop, The existing numbers were starting to suffer.
That stuff only works when you don't care what you end up with.In other words, it can turn the whole pad into shadows. The acid removes the metal, untill the shadow of the numbers are all that is visible.It works great when someone has tried to scratch out the numbers.Not so good when the top of the pad has been decked away.
I decided to just keep what little bit I had. Not going to restamp, NEVER - just going to leave it the way it is.Once it is stamped - it will alway be a restamp.
NCRS knows when those numbers are restamped. (because of the huge database)They deduct points same as if it is a repro part. With NO numbers - you would get a bigger deduction.
When I sell the car, I can honestly say that "those are the original numbers" - just some are missing.
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There have been proposed various kinds of a light receiving member for use in electrophotography. Among such known light receiving members, the public attention is now focused on such light receiving members having a photoconductive layer formed of an amorphous material containing silicon atoms as the main constituent atoms (hereinafter referred to as "A-Si") as disclosed in unexamined Japanese Patent Publication Sho. 54(1979)-86341 and Sho. 56(1981)-83746 since said photoconductive layer has a high Vickers hardness in addition to having an excellent matching property in the photosensitive region in comparison with that in other kinds of light receiving member and it is not harmful to living things as well as man upon the.
In concrete terms, said light receiving members have a photoconductive layer constituted with an A-Si material containing hydrogen atoms(H) and halogen atoms(X) [hereinafter referred to as "A-Si(H,X)"] and a surface layer being laminated on said photconductive layer which is constituted with a high-resistance amorphous material capable of allowing the transmittance of the light to be used, which serves as a layer to effectively prevent the photoconductive layer from being injected by electric chargein the electrification process and which also serves as a layer to improve the humidity resistance, deterioration resistance upon repeating use, breakdown voltage resistance, use-environmental characteristics and durability of the photoconductive layer.
There have been made various proposals on such surface layers to be disposed on a photoconductive layer of a light receiving member which exhibit the above mentioned functions for the photoconductive layer.
And among those known surface layers, a surface layer constituted with an A-Si(H,X) material containing at least one kind atoms selected from carbon atoms(C), oxygen atoms (O) and nitrogen atoms(N) [hereinafter referred to as "A-Si(C,O,N)(H,X)"] in a relatively small amount is generally evaluated as being the most preferred.
However, for the light receiving members having any of the known surface layers, even if it is the one that has such preferred surface layer as above mentioned, there are still unsolved problems particularly regarding the allowances for the kind of an usable light source and obtaining high quality images at high speed.
That is, firstly, it is extremely difficult to efficiently and to mass-produce the foregoing preferred surface layer having a uniform thickness and a stable film quality. The resultant surface layer will often become such that lacks uniformity of thickness and homogeneity of composition.
In addition, in any case, the light receiving member having such surface layer is to be repeatedly used, for instance, as in the case of an electrophotographic copying system. In that event, the surface layer will be gradually rubbed out by the mechanical actions of a copying sheet, toner, image developing device, cleaner etc. while being subjected to a locally partial abrasive force to thereby result in becoming uneven in thickness. These problems relative to the layer thickness of the surface layer will often bring about a local unevenness in the reflectivity of a light receiving member where there exists an interface between the surface layer and the photoconductive layer such that reflection of light is caused. This leads to making the light receiving member defective in photosensitivity and as a result, the images to be formed will be of an uneven image density which is a serious problem in electrophotography.
Further, as it is required for the above surface layer to be highly resistive in certain respects, there will be occasions which invite generation of residual voltage in the case of using the light receiving member repeatedly, particularly at high speed. In that case, there will be caused a problem that because of said residual voltage, the image quality will be reduced with the progress of the repeating use of the light receiving member. When using the light receiving member repeatedly for a long period of time, there will be another problem relative to the surface layer that its function to serve as a layer to prevent the occurrence of defective images will be gradually reduced to thereby invite the occurrence of defective images.
Further, there are still other problems for such light receiving members having the foregoing surface layer. That is, there will sometimes be such occasion that reflected ray occurs on the surface of the surface layer and another reflected ray occurs at the interface between the surface layer and the photoconductive layer being situated thereunder. In that case, the reflectivities of those reflected rays will be sometimes largely changed in accordance with the wavelength of the reflected ray, the layer thickness of the surface layer and the refractive index of the surface layer that results in bringing about unevenness in the color sensitivity of the photoconductive layer and in making the resultant images to be of uneven density.
The above problems relative to the surface layer were not serious and could be disregarded for the conventional ordinary-speed electrophotographic copying system but they are weighty problems which need to be settled in order for such light receiving members to be made effectively usable in high-speed continuous image-making systems such as a high-speed electrophotographic copying system using a coherent light laser beam as the light source, high-speed facsimile system and high-speed printer system and especially, in digital high-speed in a continuous image-making system.
There have been made the following proposals in order to solve the foregoing problems based upon eliminating relected ray at the interface between the surface layer and the photoconductive layer by adjusting the refractive index of the surface layer and that of the photoconductive layer at the interface: (a) a to make the composition of the surface layer to be closely resemble to or to be equivalent to that of the photoconductive layer at the interface between the two layers, (b) to make the optical band gap of the surface layer to be large enough in view of making light to be effectively impinged into the photoconductive layer and (c) a combination of (a) and (b).
However, any of these methods is not reliable to obtain such a desired light receiving member that can sufficiently satisfy the requirement for the high-speed continuous image-making systems, and there are still left some problems to be solved, which are chiefly directed to residual images and sensitivity related problems likely due to photocarriers to be generated as a result of the occurrence of light absorption at the interface between the surface layer and the photoconductive layer.
Against this background, digital high-speed continous image-making systems gradually have come into wide use. And there is an increased social demand for providing a desirable light receiving member which can sufficiently satisfy the requirements for such digital high-speed continuous image-making systems and which can stably exhibit the desired functions as the light receiving member for said systems.
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Federal land management, carbon sequestration, and climate change in the Southeastern U.S.: a case study with Fort Benning.
Land use activities can have a major impact on the temporal trends and spatial patterns of regional land-atmosphere exchange of carbon. Federal lands generally have substantially different land management strategies from surrounding areas, and the carbon consequences have rarely been quantified and assessed. Using the Fort Benning Installation as a case study, we used the General Ensemble biogeochemical Modeling System (GEMS) to simulate and compare ecosystem carbon sequestration between the U.S. Army's Fort Benning and surrounding areas from 1992 to 2050. Our results indicate that the military installation sequestered more carbon than surrounding areas from 1992 to 2007 (76.7 vs 18.5 g C m(-2) yr(-1)), and is projected to continue sequestering more carbon from 2008 to 2050 (75.7 vs 25.6 g C m(-2) yr(-1)), mostly because of the proactive management approaches adopted on military training lands. Our results suggest that federal lands might play a positive and important role in sequestering and conserving atmospheric carbon because some anthropogenic disturbances (e.g., urbanization, forest harvesting, and agriculture) can be minimized or prevented on federal lands.
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Busty MILF Cherie DeVille wants dick and she wants dick now!
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watch me suck off a dildo like it was your cock and cum
watch me suck off a dildo like it was your cock and cum
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Do you have a homeschooling conference coming up? I’d love to speak at your event!
I have 25+ years as a teacher of all ages and subject areas and 10+ years of experience homeschooling and working with homeschooling families. My master’s degree is in Education and I’ve worked with hundreds of homeschooling, unschooling, lifeschooling, natureschooling families just like you!
I speak to homeschooling and parenting audiences on the following topics:
Matching Curriculum to Learning Styles including teaching about Multiple Intelligences
Strategies for Special Needs Students
How to Skip Middle School
Commonly Asked Questions About High School Transcripts
How to Manage Schooling Multiple Children and Ages
Giftedness – What To Do After Your Child Has Gotten “The Label”
Caring for You and Your Family Naturally by Using Homeopathic Medicines
Services for Your Homeschool in Florida (and beyond!) Online Portfolio Evaluations Convenient online portfolio evaluations and assessments for all ages and grade levels. Special needs students are given extra care and attention. I’ve worked with hundreds of...
This guest post is part of our 30 Days of Homeschool: The Good, The Bad & The In-Between Blog Series
As part of our 30 Days of Homeschool series, Jan Burt tells it like it is after more than 25 years.
Taking on life as a mom to five is one thing….but homeschooling all five of them from preschool through high school graduation is something else entirely. Anybody who might tell you that homeschooling is dreamy-awesome and just blessing-blessing-blessing all day long is not telling you the whole truth. It is those things; it is also a whole lot of other things as well.
First, let me tell you about the good stuff.
Homeschooling allowed me to spend approximately THREE TIMES as much time with my children as compared to friends who sent their children to public school. That’s a big deal ~ an enormous deal! I was able to be thankful for all the time I had with them instead of resentful that they grew up and I never got to enjoy them (which often is the case with public education).(more…)
Can’t make it to all 25 sessions?
No problem! Click here to purchase your all-access pass for only $67. This is your pass for lifetime access to all the speakers’ sessions. Personally, I can never attend all of the online summits that I hope to attend because of life commitments, and I always end up purchasing the passes (if they are inexpensive like this one). Confession: I don’t usually even view them until summer when our life settles down and we have a bit more time. I like to really internalize what I’m learning and apply it to my next-year’s planning: summer is the best time for this for me.
Homeschooling High School
So many of my clients worry about the high school years. You don’t have to! This summit will cover things like high school courses, transcripts, credits, etc. sign up today!
Homeschool Burnout
If you have ever felt burn out this is for you! Do you have special needs children? New babies in the home? Are you caring for a sick loved one? Join the summit to hear more about how you can get through these times of “homeschool burn out.”
What Are Your Priorities?
You will hear lots of tools and tips that will help you identify your priorities so that you can balance everything and “fit it all in.”
Don’t spin your wheels trying to find tips and tricks. Instead, join us to learn from authentic people who will share their experiences and wisdom for making homeschooling enjoyable, peaceful, and purposeful.
Ready to receive
Christ-centered help and hope
for navigating your homeschool journey?
I am happy to post this at the request of one of my readers. Please help spread the word.
S a v e t h e D a t e !
Charlotte Mason Conference in South Florida
It may be that the souls of all children are waitingfor the call of knowledge to awaken them todelightful living.
—C.M. Mason
The Educating Mothers discussion group and Lark Rise co-op invite you to join us for an exciting 2-day seminar with homeschool speaker Sonya Shafer of Simply Charlotte Mason.
If you are looking for practical instruction and spiritual encouragement, Sonya Shafer comes alongside as a wise friend. Learn more about Charlotte Mason’s philosophy, experience her methods in action, and discover the joyful confidence they bring to parenting and education.
Friday, October 14 —Saturday, October 15, 2016
South Miami-Dade Area
Tickets will be $85 with spouse tickets available for $35. Registration has not yet opened. Visit the Educating Mothers page for continued updates and information on registration, location, and more.
Are you new to the Charlotte Mason philosophy? Do you wonder if it could be right for you? Watch Sonya Shafer’s “Five Flavors of Homeschooling” to compare CM with other popular methods.
Please feel free to forward this announcement to friends that might be interested in Charlotte Mason or education. We look forward to reaching educators throughout our area and beyond.
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‘Big Bang Theory’ Star’s House Burns Down in Huge California Fire
Big Bang Theorystar Johnny Galecki's California home burned down Monday night (June 26) in a fire that officials say could still be a danger to nearby neighborhoods and homes.
Galecki‘s San Luis Obispo ranch was totally lost in the flames, which erupted about 200 miles outside of Los Angeles. The fire has been dubbed "The Hill Fire," according to People, and is the product of two concurrent fires that developed earlier in the day. The flames now span more than 1,500 acres, and 250 people have been evacuated from the area.
Galecki spent the weekend performing at Chicago’s Country LakeShake Festival and was not around when the fire broke out, but People adds he plans to return to the site of the fire as soon as he's able to collect whatever memorabilia he can salvage.
The fire broke out at about 3:30 PM on Monday, according to local station KSBY. The site adds that the fire was about 60 percent contained by Tuesday night.
"My heart goes out to all in the area who are also experiencing loss from this vicious fire, the threat of which we live with constantly, which may seem crazy to some but we do so because living in our beautiful, rural area makes it worthwhile," Galecki said in a statement to TMZ.
"It's never the structures that create a community — it's the people. And if the people of Santa Margarita have taught me anything it's that, once the smoke has cleared, literally and figuratively, it's a time to reach out and rebuild."
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Kiska rejects all but one Smer-nominated judge
ONLY one of the six candidates nominated in a Smer-dominated vote in April to serve on the Constitutional Court for the next 12 years has met expectations that President Andrej Kiska and his team of advisors set for the top court. Thus Kiska will appoint only Supreme Court judge Jana Baricová, nominated by former president of the Supreme Court Štefan Harabin, to the Constitutional Court, where three judges will wrap up their term on July 4.
ONLY one of the six candidates nominated in a Smer-dominated vote in April to serve on the Constitutional Court for the next 12 years has met expectations that President Andrej Kiska and his team of advisors set for the top court. Thus Kiska will appoint only Supreme Court judge Jana Baricová, nominated by former president of the Supreme Court Štefan Harabin, to the Constitutional Court, where three judges will wrap up their term on July 4.
The president at the same time called on parliament to elect another four candidates so that he can pick the two remaining judges for the court, the SITA newswire reported. Kiska’s decision hit a raw nerve with Prime Minister Robert Fico and Speaker of Parliament Pavol Paška, who claimed that the president did not act in line with the constitution. Paška also said he does not see any reason to meet Kiska’s request to have submitted additional candidates.
Kiska has not offered any detailed explanation for why he picked Baricová.
“In the case of five candidates, I arrived at the conclusion that their professional qualities aren’t enough to perform as judges of the Constitutional Court,” said Kiska, as quoted by SITA. “I have not seen in their case a lasting interest in a constitutional judiciary, in constitutional law. Results of systematic work, which would prove their real interest in becoming the highest judges of this country, are lacking.”
According to Jozef Vozár, of the committee of presidential advisors, Baricová has displayed interest in constitutional law and also participated in an internship at the Constitutional Court, the Sme daily reported.
The president made his decision after conducting personal discussions with the candidates; he assessed information on the candidates from parliament as well as recommendations by experts in constitutional law. The president, however, has also said that his decision does not question the professional quality of the candidates for the positions where they currently perform.
Kiska noted that throughout his term all 13 judges of the Constitutional Court will change.
“It will be the fourth generation of constitutional judges who will take this top judicial job,” Kiska said.
The list of candidates elected by parliament included Baricová, Nitra Regional Court judge Ján Bernát, nominated by General Prosecutor Jaromír Čižnár; notary and university teacher Miroslav Duriš, nominated by head of the Chamber of Notaries Karol Kovács; Bratislava District Court chair Eva Fulcová, nominated by Kovács and dean of Comenius University’s Faculty of Law Pavol Kubíček; and Košice Regional Court chairman Imrich Volkai, a nominee of the dean of the Košice-based Faculty of Law of Pavol Jozef Šafárik University, Gabriela Dobrovičová. Juraj Sopoliga, a judge for the Košice Regional Court, nominated by Dana Bystrianska, president of the Slovak Association of Judges (ZSS) is the sixth nominee.
Watchdogs have panned Smer for its candidate list, suggesting that it stands in sharp contrast to Fico’s much publicised effort to purge the country’s judiciary, which became a key part of his failed presidential campaign.
Yet, Fico disagrees with Kiska’s proceeding and suggests that “the powers of the president start and end where he has the possibility to choose three of six” according to Sme.
The constitution says that the president ensures the normal operation of constitutional bodies of Slovakia, and in Fico’s opinion, Kiska has failed to do so. According to Fico, parliament has done everything it was supposed to do and the prime minister argues that he has not found any article of the law stating that if someone does not display a lasting interest in becoming a judge of the Constitutional Court, that this person cannot become such a judge.
Baricová
The senate of Baricová under the first government of Robert Fico confirmed the decision of the Bratislava Regional Court that the sittings of the government are not public and that the public is not entitled to hear recordings from these sittings. She is also known for accompanying Harabin on his foreign trips where, thanks to her knowledge of English, she interpreted for Harabin, according to Sme.
“We looked at the personality of the candidate and not who has proposed her,” Vozár said as quoted by Sme.
SUB: The parliament
“I respect Mr President and his view, but he must respect the legislative body,” said Paška, as quoted by SITA, who insists that parliament proceeded in line with the constitution.
Kiska, in his letter for Paška, explains his decision while referring to the committee that he established for reviewing the candidates. Yet, Paška responded that the constitution does not say that the president has to establish committees to screen nominees. The speaker also argued that all the elected judges met the conditions for appointment.
“The constitution does not talk about the suitability or unsuitability of the candidates,” Paška said, adding that he sees no reason for parliament to revise its decision.
The committee
Shortly after being nominated, Kiska established an advisory committee for assessing the suitability of candidates for the post of judges of the Constitutional Court.
Former Constitutional judge Ján Klučka, Supreme Court judge Zuzana Ďurišová, former Constitutional Court judge Juraj Babjak, former Judicial Council member and SAV member Jozef Vozár, and lawyer and advisor of the Constitutional Court Alexander Fuchs, sit on the committee.
The committee was to assess six candidates for the Constitutional Court and propose three, which Kiska would then actually appoint to the post. The recommendation of the committee was not binding for the president.
Kiska’s authorities
Meanwhile a discussion has emerged over the president’s authorities regarding the appointment of new constitutional judges.
Justice Minister Tomáš Borec, tasked by the government with examining the issue, turned to the Venice Commission and inquired whether the newly elected president may reject all of the proposed candidates and require parliament to submit a new list.
The Venice Commission on June 13 responded that the newly elected president “has no power under the constitution to reject all of the proposed candidates and require the National Council [parliament] to submit a new list”, according to an official release by the European Commission for Democracy through Law.
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Anal BDSM at it's best
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1. Field of the Invention
The present invention relates to a memory cartridge. More specifically, the present invention relates to a memory cartridge which is attachable to and detachable from a main unit of a personal computer or a home video gaming machine which includes a computer and is loaded in the main unit when used.
2. Description of the Prior Art
Home personal computers or the gaming machine which includes a computer called the "Nintendo Entertainment System" (trade mark) manufactured and sold by the assignee of the present invention and the one called the "MSX" (commodity name). Use an external memory cartridge in which a game or educational program or the like is written in advance is used, and the computer is enabled by loading such external memory cartridge in the main unit. The memory cartridge :includes a non-volatile memory (for example, ROM) for storing program data and/or character data for display.
When a central processing unit (CPU) located in the main unit of the computer accesses to the ROM of the memory cartridge, the maximum number of accessible addresses, that is, address space is limited by the performance (number of bits) of the central processing unit, and therefore the usable memory capacity of the ROM comprised in the memory cartridge is also limited naturally. For example, in the above-described "Nintendo Entertainment System", only a 256K-bit ROM can be used for program and a 64K-bit ROM for characters at a maximum. Thus, the maximum number of program steps is limited to the maximum address space accessible by the central processing unit, and therefore when such a computer is used as a gaming machine, for example, the length of story of the game, the extension of variation in the game, the number of display scenes and the number of characters capable of being displayed are limited.
One prior art approach which was proposed to eliminate such an inconvenience disclosed in is, for example, the Japanese Patent Laid-Open No. 112352/1984, laid open on June 28, 1984, which corresponds to the U.S. patent application Ser. No. 261,301 now U.S. Pat. No. 4,368,515.
In the above-identified prior art, an address from the central processing unit installed in the main unit of the gaming machine is given to a plurality of memory chips as a common address input, while that address is decoded by an address decoder. When a specific address is outputted by the central processing unit, the address decoder outputs a signal, and in response to the signal, a flip-flop or a latching circuit is operated From the flip-flop or the latching circuit, a chip select (CS) signal for selecting a chip corresponding to that specific address is outputted, and the chip select signal enables the corresponding memory chip. Accordingly, the memory area designated by the address of the selected memory chip can be accessed by the central processing unit.
The above-described prior art has an advantage that the memory capacity can be expanded without increasing the address ports from the central processing unit, but leaves the following problem to solve.
With the recent advance in the semiconductor technology, the degree of integration of integrated circuit chip is being more and more increased, but the above-described prior art cannot accommodate for such a one-chip, large-capacity memory. Because, output of the flip-flop or the latching circuit is used as a chip select signal, and such a chip select signal can only select enabling or disabling on a chip basis, and cannot perform enable/disable of the specific area in the one-chip memory. In other words, in the prior art, an arbitrary chip of the memory chips respectively having the number of addresses accessible by the central processing unit can be enabled to designate an address, but banks respectively having addresses accessible by the central processing unit of a one-chip memory having addresses of a number larger than the address space accessible by the central processing unit cannot be selected or addressed. Accordingly, by the prior art, the benefit of the up-to-date semiconductor technology cannot be given, and the ratio of the rise in cost to the increase in memory capacity is large, eventually resulting in a high price.
In addition, various other methods of changing over the memory banks have been proposed, but none of them relate to the memory cartridge intended by the present invention.
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Fuck
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Thursday, June 5, 2014
What Now, Masterpiece? Part I
TakaraTomy recently announced that they would be focusing future Masterpiece output on the Decepticons. This is good news, as we've been inundated with loads of Autobots over the past couple of years. Yes, we had a retooled Starscream, Soundwave, Soundblaster, and the cassettes, but that's only one new mold for the big guys.Since it's inception, the only Decepticons to be featured in the line are: Starscream, Skywarp, Thundercracker, Sunstorm, Megatron, Soundwave, Soundblaster, Rumble, Frenzy, Buzzsaw, Lazerbeak, Ravage, and Ratbat. That's seven molds. So, with this announcement, who can we expect to see? I have a few ideas.
If one looks at what has been released thus far in the Masterpiece line, it's pretty much been a first-two-season-of-the-cartoon line. There has been the odd third season figure like Ultra Magnus and Hot Rod, but those are pretty much outliers. Hot Rod was, I believe, designed and released to coincide with the Welcome to 2010 initiative that TakaraTomy was doing to celebrate the third season. At least, that's when he was announced. Ultra Magnus is pretty much a heavily retooled MP-10. And of course, the initial Ultra Magnus was nothing more than a repainted MP-01. Going by these guidelines, there aren't very many Decepticons to choose from, but I will go through those that I think we have the best chances of getting released.
The most obvious choice to me is Shockwave. He's at perhaps the peak of his popularity now, which is no small feat for a figure that was released nearly 30 years ago. Shockwave has featured prominently in the comics, and was even the main antagonist in the crossover from IDW comics. The time is right for TakarTomy to strike. Throw in the relatively recent release of Quakewave from FanToys, and all of the ingredients are there. It's well known that both Hasbro and TakaraTomy are eager to steal focus back from the 3rd party companies after several high profile releases. While Hasbro has nothing to do with concept, design, or release strategy with Masterpiece, designers from TakaraTomy must be under some pressure to out-do the unlicensed stuff out there. Let's face it, Quakewave was universally praised. So much so that I almost bought one. Can TakaraTomy out-do FanToys? I believe they can.
This is still a bit of a no-brainier, but less so that Shockwave. Megatron has already been released in the line, albeit in a much-maligned incarnation. Reports of tarnishing on the feet, instability, difficulty of transformation, and easy breakage have all contributed to Megatron being one of the most reviled figures in the Masterpiece line. A do-over is certainly in order. There's also the fact that Megatron is no longer in scale with the rest of the line. Well, certainly with the Autobots. He is in scale with the Decepticon releases, oddly enough; but he's still out of scale with MP-10. It's...a conundrum. At any rate, ToyWorld pretty much destroyed the TakaraTomy Megatron with their release of the Hegemon figure. By all accounts, it stands head and shoulders above Masterpiece Megatron. TakaraTomy certainly needs to go back to the drawing board with this figure.
The Insecticons are a curious choice. They are no doubt awesome. Due to the size they'd have to be, I can almost certainly see these being released as a three pack. Let's not forget that, according to the official scale guide from the series, the Insecticons pretty much stand at Megatron's knees. Now that I think about it, Bumblebee is being released as a stand-alone with a ton of accessories including a new Spike in exo suit. But what accessories could the Insecticons come with? Energon cubes? That is what came with the Takara Collection release. Still, seeing the Insecticons release would be interesting just to see how many people buy. The inclination, on my end at least, would be to buy at least two of each for the clone effect. Would I be willing to shell out $79.99 each for multiples? Maybe? Only time will.
TFWiki.net
Hey, if you're going to go all 1986, there is no better 'bot to go with than Galvatron. Who else is Rodimus Prime going to go toe-to-toe with? Soundblaster? Please. Besides, everyone needs a Galavtron to menace Ultra Magnus with. I actually think the odds of getting this guy within the next year are pretty great. My only hope is that the gun mode is completely abandoned.
I nearly forgot about the Triple Changers! Astrotrain is a definite must-have here. More importantly, I want to see if the designers at TakaraTomy are up to the task of creating a highly detailed and articulated triple changing transformer without a bunch of kibble. In my gut, I think that they are. Besides, who wouldn't kill for a purple Astrotrain with that head sculpt? Scale is of course going to be a huge concern with Astrotrain, but less so with Blitzwing. After all, Astrotrain routinely transported all of his brethren in his shuttle mode but was routinely shown to be about the size of the Autobot cars while in robot mode. I don't think TakaraTomy has the ability to make toys mass-shift. If they do, they're in the wrong business and are losing a ton of money just from government contracts. Maybe a bunch of sliding panels to make the space shuttle larger? That has the potential to make for a very brittle figure. I'm sure they'll find a happy medium.
The biggest want for me would have to be Masterpiece Devastator. Do I think it will happen? I don't really know. I do know that it has to happen if TakaraTomy is really serious about putting a dent into all of the money flowing into 3rd party pockets. There have been at least two 3rd party Devastators that I can think of: Hercules and Green Giant. I believe that they've also been released in various colors (colours for my European readers) as well. Designing the individual Constructicons should be easy. The only problem that I can see is all of the extra parts for the figures. It seems, and I could be wrong here, that a mandate of the Masterpiece line is to have as much as possible integrated into the figure. Weapons are one thing, but necessary parts have always been built in and included in the transformation. Partsforming is a thing of the past with this line. So what to do with all of the pieces needed for combining into Devastator? In the series, whenever the Constructicons merge, the parts are already there. Take Scrapper as an example. Whenever he forms Devastator's leg, the thigh is already there as part of the transformation. I can see Hook having a built in head for Devastator, but I'm not sure about Bonecrusher having a built in forearm and fist. Could this be why we haven't already been blessed with a TakaraTomy version? The only other reason that I can think of would be problems with scale. Robot scale shouldn't be much of a problem as I believe that they're roughly the size of the Autobot cars. Vehicle mode could pose a bit of a problem, as construction vehicles are a fair bit larger than a car. Who knows, maybe TakaraTomy will just surprise us.
I never really questioned why TakaraTomy went so Autobot heavy during this span of rapid releases. There are just a ton of Autobots compared to Decepticons. Besides, it makes sense from a business standpoint to go with the Autobots simply due to the number of repaints. For all of the Autobot releases from 2011 though May of 2014, there have only been four new molds. With two of those getting retooled into a total of seven releases with the eighth set to release this summer. It just makes sense for TakaraTomy to get the most bang for their buck since tooling a new toy is expensive. While figures for creating a mold are hard to come by, I can imagine it easily costing around $10,000 or more. By going with what can be retooled and repainted, TakaraTomy can actually make a bit of profit. Let's face it, with the exception of the Seekers, once a mold is made for a Decepticon, that's pretty much it. Maybe a repaint of Astrotrain as the white Japanese version is possible, but I can't see other versions of Blitzwing or Shockwave, and certainly not Galvatron or Megatron. Whichever way TakaraTomy decides to go with their Decepticon releases, I can't wait. Bring it on, Takara, bring it on.
6 comments:
I have to wholeheartedly disagree with you on the MP Magnus being a heavy retool. That thing is a completely new figure top to bottom, it just looks similar to MP-10. But that aside, I would hope Megatron is coming up soon, but I just don't see how they're going to do it justice. Virtually every release since MP-10 has been perfect, I would hate to see them screw it up. Who knows, Megatron may just not be possible realistically. Personally I'd like to see Reflector or the Insecticons as well, I think their small size could make for a pretty reasonable return on investment. I also predict TT will release a new Skywarp and Thundercracker in a two-pack based off the MP-11 remold. That way they can maximize sales for all those people who already bought Thundercracker in the U.S. No matter what, more MP's equals a good thing in my book!
I think they created the Magnus cab based on the original dimensions of MP-10, but it is an entirely different animal, at least from the scans we've seen so far. I believe it is mostly hollow so it can fold down into the trailer and I think it also contains Magnus's head. Check out the scans if you get a chance, the differences really are striking!
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FYI. so you have Brad's telephone number. Thanks. Lynn
---------------------- Forwarded by Lynn Blair/ET&S/Enron on 05/30/2001 07:01 AM ---------------------------
From: Ricki Winters/ENRON@enronXgate on 05/29/2001 08:07 AM
To: Donna Scott/FGT/Enron@ENRON, Sheila Nacey/ET&S/Enron@ENRON, Rick Dietz/ET&S/Enron@ENRON, Steven January/ET&S/Enron@ENRON, Mike Bryant/OTS/Enron@ENRON, Lynn Blair/ET&S/Enron@ENRON, Brad Holmes/ENRON@enronXgate
cc: Alma Carrillo/ET&S/Enron@ENRON, Ava Garcia/ET&S/Enron@Enron, Sharon Brown/ET&S/Enron@ENRON, Shelley Corman/ENRON@enronXgate, Pamela Daily/ENRON@enronXgate
Subject: Brad Holmes Phone Number
Please, make note that the churn request below did not happen, therefore Brad will be unable to receive phonemail today. Telecom was just here and informed me that it would take place tomorrow, May 30th. However, they could not tell me if his phone mod would take place AM or PM.
His e-mail is working, so Alma could pass this information on to his group.
Thank you,
Ricki
-----Original Message-----
From: Daily, Pamela
Sent: Thursday, May 24, 2001 7:09 PM
To: Salinardo, John; Martin, Judy
Cc: Winters, Ricki
Subject: Churn request #4017
Importance: High
John, I am submitting this online churn request #4017 as a modification to Bill Cordes' Houston information instead of a new request for Brad Holmes because Brad does not yet have a badge number. He will be assuming an existing office (EB4197) and phone number (x3-3432), previously assigned to Bill Cordes for his use when traveling to Houston. Please let me know if you need me to revise it later. Thanks!
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using System;
using System.Collections.Generic;
using System.Linq;
using System.Text;
using Jitter.Dynamics;
using Jitter.Collision.Shapes;
using Jitter.LinearMath;
using Jitter;
namespace JitterDemo
{
/// <summary>
/// Enumeration for the four car wheels.
/// </summary>
public enum WheelPosition
{
/// <summary>Front left wheel.</summary>
FrontLeft,
/// <summary>Front right wheel.</summary>
FrontRight,
/// <summary>Back left wheel.</summary>
BackLeft,
/// <summary>Back right wheel.</summary>
BackRight
}
/// <summary>
/// Creates the Jitter default car with 4 wheels. To create a custom car
/// use the Wheel class and add it to a body.
/// </summary>
public class DefaultCar : RigidBody
{
// the default car has 4 wheels
private Wheel[] wheels = new Wheel[4];
private World world;
private float destSteering = 0.0f;
private float destAccelerate = 0.0f;
private float steering = 0.0f;
private float accelerate = 0.0f;
/// <summary>
/// The maximum steering angle in degrees
/// for both front wheels
/// </summary>
public float SteerAngle { get; set; }
/// <summary>
/// The maximum torque which is applied to the
/// car when accelerating.
/// </summary>
public float DriveTorque { get; set; }
/// <summary>
/// Lower/Higher the acceleration of the car.
/// </summary>
public float AccelerationRate { get; set; }
/// <summary>
/// Lower/Higher the steering rate of the car.
/// </summary>
public float SteerRate { get; set; }
// don't damp perfect, allow some bounciness.
private const float dampingFrac = 0.5f;
private const float springFrac = 0.1f;
//World.WorldStep postStep;
/// <summary>
/// Initializes a new instance of the DefaultCar class.
/// </summary>
/// <param name="world">The world the car should be in.</param>
/// <param name="shape">The shape of the car. Recommend is a box shape.</param>
public DefaultCar(World world,Shape shape) : base(shape)
{
this.world = world;
//postStep = new World.WorldStep(world_PostStep);
//world.Events.PostStep += postStep;
// set some default values
this.AccelerationRate = 5.0f;
this.SteerAngle = 20.0f;
this.DriveTorque = 50.0f;
this.SteerRate = 5.0f;
// create default wheels
wheels[(int)WheelPosition.FrontLeft] = new Wheel(world, this, JVector.Left + 1.8f * JVector.Forward + 0.8f * JVector.Down,0.4f);
wheels[(int)WheelPosition.FrontRight] = new Wheel(world, this, JVector.Right + 1.8f * JVector.Forward + 0.8f * JVector.Down, 0.4f);
wheels[(int)WheelPosition.BackLeft] = new Wheel(world, this, JVector.Left + 1.8f * JVector.Backward + 0.8f * JVector.Down, 0.4f);
wheels[(int)WheelPosition.BackRight] = new Wheel(world, this, JVector.Right + 1.8f * JVector.Backward + 0.8f * JVector.Down, 0.4f);
AdjustWheelValues();
}
/// <summary>
/// This recalculates the inertia, damping and spring of all wheels based
/// on the car mass, the wheel radius and the gravity. Should be called
/// after manipulating wheel data.
/// </summary>
public void AdjustWheelValues()
{
float mass = this.Mass / 4;
foreach (Wheel w in wheels)
{
w.Inertia = 0.5f * (w.Radius * w.Radius) * mass;
w.Spring = mass * world.Gravity.Length() / (w.WheelTravel * springFrac);
w.Damping = 2.0f * (float)System.Math.Sqrt(w.Spring * this.Mass) * 0.25f * dampingFrac;
}
}
/// <summary>
/// Access the wheels. Wheel index follows <see cref="WheelPosition"/>
/// </summary>
public Wheel[] Wheels { get { return wheels; } }
/// <summary>
/// Set input values for the car.
/// </summary>
/// <param name="accelerate">A value between -1 and 1 (other values get clamped). Adjust
/// the maximum speed of the car by setting <see cref="DriveTorque"/>. The maximum acceleration is adjusted
/// by setting <see cref="AccelerationRate"/>.</param>
/// <param name="steer">A value between -1 and 1 (other values get clamped). Adjust
/// the maximum steer angle by setting <see cref="SteerAngle"/>. The speed of steering
/// change is adjusted by <see cref="SteerRate"/>.</param>
public void SetInput(float accelerate, float steer)
{
destAccelerate = accelerate;
destSteering = steer;
}
public override void PreStep(float timestep)
{
foreach (Wheel w in wheels) w.PreStep(timestep);
}
public override void PostStep(float timestep)
{
float deltaAccelerate = timestep * AccelerationRate;
float deltaSteering = timestep * SteerRate;
float dAccelerate = destAccelerate - accelerate;
dAccelerate = JMath.Clamp(dAccelerate, -deltaAccelerate, deltaAccelerate);
accelerate += dAccelerate;
float dSteering = destSteering - steering;
dSteering = JMath.Clamp(dSteering, -deltaSteering, deltaSteering);
steering += dSteering;
float maxTorque = DriveTorque * 0.5f;
foreach (Wheel w in wheels)
{
w.AddTorque(maxTorque * accelerate);
}
float alpha = SteerAngle * steering;
wheels[(int)WheelPosition.FrontLeft].SteerAngle = alpha;
wheels[(int)WheelPosition.FrontRight].SteerAngle = alpha;
foreach (Wheel w in wheels) w.PostStep(timestep);
}
}
}
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447 So.2d 356 (1984)
STATE of Florida, Appellant,
v.
Willie Joe WILLIAMS, Appellee.
No. AR-445.
District Court of Appeal of Florida, First District.
March 8, 1984.
Jim Smith, Atty. Gen., Andrew Thomas, Asst. Atty. Gen., Tallahassee, for appellant.
*357 P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellee.
SMITH, Judge.
The State appeals from a trial court order entered pursuant to appellee-Williams' Rule 3.850 motion for post-conviction relief setting aside judgment of conviction on two counts of burglary of a dwelling (pursuant to negotiated plea of nolo contendere), and granting a new trial. The State contends that the trial court erred in determining that a finding of competency to stand trial cannot be made retrospectively when raised by motion under Rule 3.850, Florida Rules of Criminal Procedure. We agree, under the circumstances of this case, that the court erred in failing to conduct an evidentiary hearing to determine appellee's competency at the time he entered his plea, nunc pro tunc. Reversed.
Appellee's Rule 3.850 motion alleged several grounds for relief. The only ground that concerns us on this appeal is that alleging incompetency at the time appellee entered his plea. Upon appellee's appeal to this court from the trial court's denial of his motion, this court reversed and remanded, directing the lower court to "either hold an evidentiary hearing, or attach to its order of denial `a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief ...' see Rule 3.850, Fla.R.Crim.P." Order, September 24, 1982, Case No. AL-360.
At the conclusion of several non-evidentiary hearings, the trial court entered its order finding that the record clearly refuted all grounds asserted in the motion excepting the one regarding competency at the time of the plea. The record discloses, as recited in the trial court's order, that a motion for psychiatric evaluation was filed by appellee's attorney on February 6, 1981, and upon agreement of the State the court entered an order for psychiatric evaluation on February 6, 1981. No action was taken until this order was amended on June 16, 1981, at which time the court appointed Drs. Jean S. Spruill, Ph.D., and Dr. Robert A. Wray, M.D., to perform psychiatric evaluations. The evaluations were subsequently made and the reports of the examiners were filed with the court, both indicating that appellant was competent at the time of the offense, and competent to stand trial. No hearing on the question of competency was held, nor was a specific finding of competency made by the court. Subsequently, on December 14, 1981, pursuant to negotiated plea, appellee entered a plea of no contest to two counts of burglary of a dwelling, at which time other charges pending against appellee were nolle prossed, or dismissed. On February 22, 1982, appellee was sentenced to concurrent fifteen year prison terms on each count.
Based upon the foregoing circumstances, the trial court ruled that when the issue of competency is raised Rule 3.210, et seq., Florida Rules of Criminal Procedure, mandates a hearing on the question of competency; that the defendant did not waive either directly or indirectly his right to a hearing by entering a plea after negotiations; and that a finding of competency cannot be made retrospectively when raised by a Rule 3.850 motion.
The trial court was undoubtedly persuaded by cases setting aside the judgment of conviction and ordering a new trial where before or during trial the trial court had reasonable ground to believe that the defendant was incompetent. Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975); Lane v. State, 388 So.2d 1022 (Fla. 1980); McCants v. State, 395 So.2d 278 (Fla. 1st DCA 1981). In the Drope case the court found there was sufficient indicia of incompetency to require the trial court to suspend trial pending a psychiatric examination, and ruled that the defendant's due process rights could not be adequately protected by merely remanding for a nunc pro tunc determination of whether defendant was in fact competent at the time of his trial approximately six and one-half years earlier. The court stated: "Given the inherent difficulties of such a nunc pro tunc determination under the most favorable circumstances, ... we cannot *358 conclude that such a procedure would be adequate here... . [citations omitted]."
We conclude that neither Drope v. Missouri nor decisions from the Florida courts support a per se rule requiring a new trial for failure to hold a competency hearing, regardless of the circumstances. The above quoted language from Drope has been interpreted as "not meant to be a per se rule, ... ." United States ex rel. McGough v. Hewitt, 528 F.2d 339, 343 (3rd Cir.1975). In this respect we agree with the analysis of the court in the Hewitt case, supra; and although we note the differing jurisdictional and procedural setting, in that Hewitt involved federal court review of state court action, the underlying issue due process is the same. In fact, we find certain of the circumstances present here quite similar to those in Hewitt. Although both Dr. Spruill and Dr. Wray found appellee sane at the time of the offense, and competent to stand trial, the report of Dr. Spruill discloses appellee's claim that he had been hospitalized several times for psychiatric reasons, and the doctor found that at the time of the examination appellee was functioning in the borderline to mild range of mental retardation, and that his intellectual ability was further lowered by depression and thought disorder. Alcohol and drug abuse apparently contributed greatly to his problems. Nevertheless, both doctors concluded that appellee was competent to stand trial upon analysis using the factors set forth in Rule 3.211, Florida Rules of Criminal Procedure. Similarly, in Hewitt, the state trial court at defendant's post-conviction hearing had before it a psychiatric report indicating the defendant was competent to stand trial. However, there were indications of mental disorder, a history of prior hospitalization, and a court-ordered commitment for sixty days for evaluation and study preceding the trial court's acceptance of the defendant's guilty plea. In comparison, the evidence raising the question of possible incompetency, therefore the need for an evidentiary hearing, was considerably stronger in Hewitt than in this case. Significantly, here as in the Hewitt case, it appears that both of the examining doctors will be present for their testimony and cross-examination at a competency hearing, since they were both present for testimony at a motion hearing before the trial court pursuant to our remand, and we would assume their continued availability, absent some suggestion to the contrary.
The facts in McCants and Lane differ so drastically from the present case that we do not feel they mandate application of the same remedy. In McCants, the defendant exhibited such bizarre behavior at the trial itself as to cast "considerable doubt" (395 So.2d at 278) concerning his competency at the time of trial. In Lane, the trial court denied a continuance notwithstanding the fact that none of three medical experts who testified at the continuance hearing was able to say that appellant was competent to stand trial. Lane had been found competent by only one examining physician, and that was approximately nine months previously. The Supreme Court rejected the state's contention that this finding of competency was sufficient to support the trial judge's ruling. "The finding of competency to stand trial made nine months prior to the hearing does not control in view of the evidence of possible incompetency presented by the experts at the hearing on the motion for continuance." 388 So.2d 1025 (emphasis supplied). A new trial was ordered in Lane, as in McCants.
In Fowler v. State, 255 So.2d 513 (Fla. 1971), the court ordered a nunc pro tunc competency hearing. The Lane opinion cites Fowler for the proposition that it is obligatory on the trial court to hold a hearing if there are reasonable grounds to believe the defendant is not competent to stand trial. 388 So.2d at 1025. The matter of whether there may be a retrospective competency determination, as ordered in Fowler, was not discussed in the Lane opinion. This aspect of Fowler has not been overruled, modified or explained by the Florida Supreme Court, to our knowledge. We observe, however, that the state does not rely upon or even cite Fowler in its briefs in this case (although it was cited *359 in argument below), very likely because the facts in Fowler are such that its application here is doubtful. In Fowler, the trial judge failed to order a plenary hearing, but simply entered an order of competency (in the presence of counsel for both sides), based upon his evaluation of conflicting medical reports as to the defendant's competency to stand trial. While no conclusion may need to be drawn as to Fowler's continued viability, we nevertheless find it significant that in the face of Fowler the Florida Supreme Court has not specifically adopted a per se rule disallowing a retrospective competency determination.
Although we agree with the trial court's findings that the issue of competency was sufficiently raised to invoke the rule requiring a hearing, Rule 3.210, Florida Rules of Criminal Procedure, there is nothing in the record at this point, in the light of the authorities above discussed, demonstrating that the failure of the court to hold a competency hearing before accepting appellant's plea necessarily mandates setting aside his conviction and granting a new trial. There is no evidence of conduct by appellant contemporaneously with the time of trial, nor any other evidence, suggesting incompetency at the time of trial. The two doctors' reports, prepared and filed less than six months preceding appellant's plea, both contained findings of competency to stand trial. These circumstances distinguish the case from McCants and Lane.
Our holding is a narrow one. We simply reject the trial court's conclusion that a determination of competency to stand trial can never be made retrospectively when the issue is raised in a 3.850 motion. Whether appellant's pre-conviction competency can be determined retrospectively in this case has not been determined. Upon our review of the entire circumstances as they appear from the record before the trial court, we find that it does not appear as a matter of law that a retrospective determination cannot be made. The trial court should proceed with an evidentiary hearing, which should include the testimony of Drs. Wray and Spruill, and such other evidence as the state or defense may produce. Should the evidence presented to the trial court convince the court that a retrospective determination of appellant's competency cannot be made with sufficient certainty to vindicate appellant's due process rights, then the court should so rule, set aside the conviction, and grant a new trial. On the other hand, should the court decide the issue adversely to appellant, the court should so rule and deny the motion for new trial. The party aggrieved by the trial court's ruling may seek review in this court by the appropriate means.
REVERSED and REMANDED.
WIGGINTON and NIMMONS, JJ., concur.
|
{
"pile_set_name": "FreeLaw"
}
| 0 |
Instantaneous multivariate EEG coherence analysis by means of adaptive high-dimensional autoregressive models.
This study presents an efficient algorithm for the fitting of multivariate autoregressive models (MVAR) with time-dependent parameters to multidimensional signals. Thereby, the dimension of the model may be chosen to equal the number of signal channels. The autoregressive (AR) parameter matrices are estimated by an extension of the recursive least squares (RLS) algorithm with forgetting factor. The estimation procedure includes a single trial as well as an ensemble mean approach. The latter approach allows the simultaneous fit of one mean MVAR model to a set of single trials, each of them representing the measurement of the same task. A particular advantage of this ensemble mean approach is that it requires only a low computation effort in comparison to well known procedures applied to single trials. Furthermore, the ensemble mean approach is linked with a high adaptation capability. The properties of the estimator are investigated using simulated time series. It can be demonstrated that the adaptation capability of the estimation (measured by its adaptation speed and variance) does not depend on the model dimension. The mean MVAR fit is applied to 19-dimensional EEG data, recorded during an elementary comparison procedure. The calculation of ordinary and multiple coherence is discussed. The sensitivity of the multiple instantaneous EEG coherence will be demonstrated.
|
{
"pile_set_name": "PubMed Abstracts"
}
| 0 |
'use strict';
var atob = require('./lib/atob');
var btoa = require('./lib/btoa');
module.exports = {
atob: atob,
btoa: btoa
};
|
{
"pile_set_name": "Github"
}
| 0 |
Charlie Murphy busty butt and boobs. A great nude sex scene from The Last Kingdom.
View Charlie Murphy Nude Sex Scenes
At ScandalPlanet
|
{
"pile_set_name": "OpenWebText2"
}
| 0.051095 |
Short-term immobilization-induced cancellous bone loss is limited to regions undergoing high turnover and/or modeling in mature rats.
Estrogen and calcium deficiencies increase both bone resorption and formation, whereas immobilization mainly decreases bone formation. How these functionally different risk factors for bone loss interact in cancellous bone undergoing modeling or remodeling activity is not well understood. Mature (6-month-old) female rats were subjected to sham operation (sham), ovariectomy (ovx), dietary calcium deficiency (LoCa, 0.1% Ca), and sciatic and femoral denervation (IM), ovx+IM, or LoCa+IM for 4 weeks. The primary spongiosa, the region of active modeling within 1 mm of the growth plate, in ovx, LoCa, and IM groups showed a decrease in cancellous bone volume, trabecular number, and connectivity when compared to sham controls. Groups combining two risk factors exhibited additive changes when compared with single risk factor groups. In the secondary spongiosa, an area with little modeling activity, ovx and LoCa groups, as expected, lost bone. In contrast with the primary spongiosa, IM alone did not induce bone loss in the secondary spongiosa, and the groups with a combination of IM and ovx or IM and LoCa showed a greater bone loss than either ovx or LoCa alone. Ovx and LoCa groups showed increases in both bone formation rate and eroded surface in the secondary spongiosa, while IM groups showed a decrease in bone formation rate. Combining IM with either ovx or LoCa resulted in increased eroded surface. The effects on cortical bone were assessed at the tibio-fibular junction. A trend toward decreased percentage of cortical bone area and an increase in marrow cavity area were observed in the combined deficiency groups only. These changes were the result of a statistically significant increase in endosteal eroded surface in IM+ovx and IM+LoCa groups. Our results demonstrate that immobilization-induced bone loss is restricted to the primary spongiosa where most modeling events occur. However, the inhibitory effect of IM on bone formation in the secondary spongiosa is unmasked in remodeling sites when a high turnover state is provided by either estrogen or dietary calcium deficiency. These results suggest that the presence of a risk factor, such as immobilization, which in the short-term causes inhibition of bone formation, does not predispose the skeleton to rapid cancellous bone loss except when accompanied by modeling or high turnover.
|
{
"pile_set_name": "PubMed Abstracts"
}
| 0 |
fuck it Why Not!
|
{
"pile_set_name": "OpenWebText2"
}
| 0.0625 |
Tommy Defendi loving the cock at an orgy
|
{
"pile_set_name": "OpenWebText2"
}
| 0.05 |
Aljoša
Aljoša () is a Serbo-Croatian given name, a diminutive of Aleksej and Aleksije. It may refer to:
Aljoša Kunac (born 1980), Croatian water polo player
Aljoša Žorga (born 1947), Slovenian former basketballer
Aljoša Vojnović (born 1985), Croatian footballer
Aljoša Štefanič (born 1982), Slovenian handballer
Aljoša Buha (1962–1986), Bosnian rock musician
Aljoša Asanović (born 1965), retired Croatian footballer
Aljoša Josić (1921-2011), French architect
Aljoša Čampara (born 1975), Bosnian politician
See also
Alyosha
Category:Serbian masculine given names
Category:Croatian masculine given names
|
{
"pile_set_name": "Wikipedia (en)"
}
| 0 |
(print "GitHub is for everyone!")
|
{
"pile_set_name": "Github"
}
| 0 |
X::X ->
|
{
"pile_set_name": "Github"
}
| 0.125 |
Psychic structure.
An attempt has been made to define psychic structure in strictly psychological terms. The concept of psychic structure refers to enduring aspects of the personality and to means-end functions that do not have to be created de novo each time one is faced with a similar situation. A psychic structure is a functional organization that generates a range of meaningful contents. Structures are categorical in nature and display relative functional equivalence. The above formulation provides a place for meaning in the theory and distinguishes structured functions from structured contents. The latter are the end product of a behavioural sequence and not centres of action. In this analysis, percepts, thoughts, images, wishes, fantasies, affects and internal objects are contents, not dynamic systems that make things happen. Only people make things happen, employing operational systems as tools of adaptation. Structure formation transform temporal sequences into the units of experience and action. The spatialization of temporal order fosters the treatment of mental processes as if they occupied space in the mind as a place. This error accounts for the ready confounding of structure and content. The present analysis accepts the traditional definition of psychic structure in terms of function and organization, but without recourse to a physicalistic theory of energy and force. The above analysis was applied to a number of special problems in the theory of structure. Consideration was also given to the concept's range of application, systemic relevance and heuristic value.
|
{
"pile_set_name": "PubMed Abstracts"
}
| 0 |
Acyclovir in hepatitis B antigen-positive chronic liver disease: inhibition of viral replication and transient renal impairment with iv bolus administration.
Six patients with hepatitis B virus (HBV) related chronic liver disease were treated with acyclovir, 5-15 mg/kg 8 hourly, given as an iv bolus or iv infusion over 1 h for up to 7 days. Two patients treated with 10 and 15 mg/kg 8 hourly showed a decrease in HBV-DNA polymerase and HBV-DNA when mean trough acyclovir plasma concentrations of 5.0 +/- 0.6 and 13.2 +/- 3.0 microM were attained. Inhibition of viral replication was not seen in patients treated with lower doses. Transient renal impairment was seen in two patients who received high dosage by the iv bolus mode of administration. This complication may be prevented by a high oral fluid intake or iv infusion of the drug over 1 h. Further study with acyclovir 15 mg/kg 8-hourly given as an iv infusion for longer periods is warranted.
|
{
"pile_set_name": "PubMed Abstracts"
}
| 0 |
I recently moved into a new apartment, across the country from where I lived before. So many of my beloved posters and wall scrolls and other nerd-related interior decoration objects had to be left behind in storage.
I've been slowly working to decorate my new place in between working the intense hours of a first-year teacher. But the progress has been minimal, and my apartment has lacked pizzazz. Until.
UNTIL.
My Sailor Moon Secret Santa came through with a super badass Sailor Mars poster from RedBubble. I love the style of it: a simple silhouette advertising the "Senshi Games" in Japanese (side note: I've also been super nostalgic for Japan lately, where I studied abroad, so I'm so happy to have a bit of Japanese writing in my room).
The poster is now occupying a formally sad, bare bit of white wall. It looks awesome. I am so pleased.
THANK YOU SECRET SANTA!!!
|
{
"pile_set_name": "OpenWebText2"
}
| 0 |
Q:
SVG: using "rotate" in animateTransform
In the file from https://upload.wikimedia.org/wikipedia/commons/9/97/Moire_Lines.svg
The animation rotates the lines with no issues in Chrome, Iron, Opera, Vivaldi browsers. It does not work in Firefox ver. 60.0.2 or Internet Explorer 11. It is understood that SMIL does not work in IE or Edge, but am hoping to find why it does not run in Firefox. I have reduced the lines of code below, but they still run the animation in browsers that support the animation. Are there any CSS alternatives that could be implemented?
<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE svg PUBLIC "-//W3C//DTD SVG 1.0//EN" "http://www.w3.org/TR/2001/REC-SVG-20010904/DTD/svg10.dtd">
<svg xmlns="http://www.w3.org/2000/svg" xmlns:xlink="http://www.w3.org/1999/xlink" viewBox="-2.4 -2.1 4.8 4.2" width="800" height="700">
<title>Line Moire</title>
<defs>
<path id="moire_arc_single" d="M 0,0 L 0,2 A 2,2 0 0,0 0.05235,1.99931 L -0.05235,-1.99931 A 2,2 0 0,1 0,-2 L 0,0" stroke="none" fill="black" />
<g id="moire_arc_group_a">
<use xlink:href="#moire_arc_single" transform="rotate( 0)" />
<use xlink:href="#moire_arc_single" transform="rotate( 3)" />
<use xlink:href="#moire_arc_single" transform="rotate( 6)" />
<use xlink:href="#moire_arc_single" transform="rotate( 9)" />
<use xlink:href="#moire_arc_single" transform="rotate( 12)" />
<use xlink:href="#moire_arc_single" transform="rotate( 15)" />
<use xlink:href="#moire_arc_single" transform="rotate( 18)" />
<use xlink:href="#moire_arc_single" transform="rotate( 21)" />
<use xlink:href="#moire_arc_single" transform="rotate( 24)" />
<use xlink:href="#moire_arc_single" transform="rotate( 27)" />
<use xlink:href="#moire_arc_single" transform="rotate( 30)" />
<use xlink:href="#moire_arc_single" transform="rotate( 33)" />
<use xlink:href="#moire_arc_single" transform="rotate( 36)" />
<use xlink:href="#moire_arc_single" transform="rotate( 39)" />
<use xlink:href="#moire_arc_single" transform="rotate( 42)" />
<use xlink:href="#moire_arc_single" transform="rotate( 45)" />
<animateTransform attributeName="transform" type="rotate" from="360" to="0" dur="60s" repeatCount="indefinite"/>
</g>
<g id="moire_arc_group_b">
<use xlink:href="#moire_arc_single" transform="rotate( 0)" />
<use xlink:href="#moire_arc_single" transform="rotate( 3)" />
<use xlink:href="#moire_arc_single" transform="rotate( 6)" />
<use xlink:href="#moire_arc_single" transform="rotate( 9)" />
<use xlink:href="#moire_arc_single" transform="rotate( 12)" />
<use xlink:href="#moire_arc_single" transform="rotate( 15)" />
<use xlink:href="#moire_arc_single" transform="rotate( 18)" />
<use xlink:href="#moire_arc_single" transform="rotate( 21)" />
<use xlink:href="#moire_arc_single" transform="rotate( 24)" />
<use xlink:href="#moire_arc_single" transform="rotate( 27)" />
<use xlink:href="#moire_arc_single" transform="rotate( 30)" />
<use xlink:href="#moire_arc_single" transform="rotate( 33)" />
<use xlink:href="#moire_arc_single" transform="rotate( 36)" />
<use xlink:href="#moire_arc_single" transform="rotate( 39)" />
<use xlink:href="#moire_arc_single" transform="rotate( 42)" />
<use xlink:href="#moire_arc_single" transform="rotate( 45)" />
<animateTransform attributeName="transform" type="rotate" from="0" to="360" dur="60s" repeatCount="indefinite"/>
</g>
</defs>
<use xlink:href="#moire_arc_group_a" transform="translate(0.2 0)" />
<use xlink:href="#moire_arc_group_b" transform="translate(-0.2 0)" />
</svg>
A:
As Robert Longson said, Firefox does not implement cloning animations via <use> elements. is The obvious solution is to first clone and then animate. Note the use of additive="sum" here to make sure both the animated and the static transformation on the <g> element are applied.
<svg xmlns="http://www.w3.org/2000/svg" xmlns:xlink="http://www.w3.org/1999/xlink" viewBox="-2.4 -2.1 4.8 4.2" width="800" height="700">
<title>Line Moire</title>
<defs>
<path id="moire_arc_single" d="M 0,0 L 0,2 A 2,2 0 0,0 0.05235,1.99931 L -0.05235,-1.99931 A 2,2 0 0,1 0,-2 L 0,0" stroke="none" fill="black" />
<g id="moire_arc_group">
<use xlink:href="#moire_arc_single" transform="rotate( 0)" />
<use xlink:href="#moire_arc_single" transform="rotate( 3)" />
<use xlink:href="#moire_arc_single" transform="rotate( 6)" />
<use xlink:href="#moire_arc_single" transform="rotate( 9)" />
<use xlink:href="#moire_arc_single" transform="rotate( 12)" />
<use xlink:href="#moire_arc_single" transform="rotate( 15)" />
<use xlink:href="#moire_arc_single" transform="rotate( 18)" />
<use xlink:href="#moire_arc_single" transform="rotate( 21)" />
<use xlink:href="#moire_arc_single" transform="rotate( 24)" />
<use xlink:href="#moire_arc_single" transform="rotate( 27)" />
<use xlink:href="#moire_arc_single" transform="rotate( 30)" />
<use xlink:href="#moire_arc_single" transform="rotate( 33)" />
<use xlink:href="#moire_arc_single" transform="rotate( 36)" />
<use xlink:href="#moire_arc_single" transform="rotate( 39)" />
<use xlink:href="#moire_arc_single" transform="rotate( 42)" />
</g>
</defs>
<g transform="translate(0.2 0)">
<use xlink:href="#moire_arc_group"/>
<use xlink:href="#moire_arc_group" transform="rotate(45)"/>
<use xlink:href="#moire_arc_group" transform="rotate(90)"/>
<use xlink:href="#moire_arc_group" transform="rotate(135)"/>
<animateTransform attributeName="transform" type="rotate" from="360" to="0" dur="60s" repeatCount="indefinite" additive="sum" />
</g>
<g transform="translate(-0.2 0)">
<use xlink:href="#moire_arc_group"/>
<use xlink:href="#moire_arc_group" transform="rotate(45)"/>
<use xlink:href="#moire_arc_group" transform="rotate(90)"/>
<use xlink:href="#moire_arc_group" transform="rotate(135)"/>
<animateTransform attributeName="transform" type="rotate" from="0" to="360" dur="60s" repeatCount="indefinite" additive="sum" />
</g>
</svg>
|
{
"pile_set_name": "StackExchange"
}
| 0 |
Opinions of the United
2007 Decisions States Court of Appeals
for the Third Circuit
10-25-2007
USA v. Introcaso
Precedential or Non-Precedential: Non-Precedential
Docket No. 05-4088
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007
Recommended Citation
"USA v. Introcaso" (2007). 2007 Decisions. Paper 302.
http://digitalcommons.law.villanova.edu/thirdcircuit_2007/302
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-4088
UNITED STATES OF AMERICA
v.
ALEXANDER M. INTROCASO,
Appellant
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Criminal Action No. 04-cr-00274)
District Judge: Honorable James K. Gardner
Argued April 24, 2007
Before: McKEE and AMBRO, Circuit Judges
ACKERMAN,* District Judge
*
Honorable Harold A. Ackerman, United States District
Judge for the District of New Jersey, sitting by designation.
(Opinion filed: October 25, 2007)
William T. Lawson, III, Esquire (Argued)
1420 Walnut Street
Philadelphia, PA 19102
Counsel for Appellant
Patrick L. Meehan
United States Attorney
Robert A. Zauzmer
Assistant United States Attorney
Chief of Appeals
Seth Weber (Argued)
Assistant United States Attorney
Office of the United States Attorney
504 West Hamilton Street
Allentown, PA 17901
Counsel for Appellee
OPINION OF THE COURT
AMBRO, Circuit Judge
We decide principally whether a 19th-Century shotgun
hanging on a defendant’s living room wall qualifies as an
2
“antique firearm” not subject to the general registration
requirement of the National Firearms Act, 26 U.S.C.
§§ 5801–72. A jury convicted Alexander M. Introcaso in the
United States District Court for the Eastern District of
Pennsylvania on two counts of violating the Firearms Act by
possessing an unregistered firearm (the shotgun) and
unregistered destructive devices (hand grenades). In addition to
Introcaso’s contention that the shotgun was an antique firearm,
he argues that the evidence presented at trial was insufficient to
prove that he was in possession of the hand grenades and that
the sentence imposed was unreasonable because the
Government failed to establish guilt on either count.
We disagree with Introcaso’s possession argument as to
the hand grenades, and thus affirm on that count. But after
examining the statutory text and its history as to whether the
Firearms Act required Introcaso to register the gun in question,
we conclude that the statute is ambiguous. In the face of this
ambiguity, we apply the rule of lenity (which instructs that
statutory ambiguities should be resolved in favor of the
defendant), and conclude that there has been no violation of the
Firearms Act on the firearm count. Accordingly, we reverse the
conviction and vacate the sentence on that count. As we shall
see, these actions have no effect on Introcaso’s sentence (save
the minimal special assessment).
3
I. Factual Background
On February 2, 2004, the Lehigh County Sheriff’s Office
in Pennsylvania responded to a Protection from Abuse (PFA)
order,1 which required Introcaso to “immediately relinquish” all
weapons to law enforcement, barred him from the marital
residence shared with his wife, Samia Introcaso, and prohibited
him from having any communication with her. Pursuant to the
PFA order, and at the direction of Introcaso’s wife, police
officers searched the house and found 28 firearms (including
handguns and rifles), a machete, 21 knives, seven swords, and
hundreds of pounds of ammunition. The police seized the
weapons, but physically were unable to take the ammunition,
which they left to retrieve later. One week later, Mrs. Introcaso
again called the sheriff’s office to inform them that she had
found still more firearms belonging to her husband that she
wanted removed from the house. One of the firearms was a
19th-Century shotgun that was displayed on a wall and not
registered; it forms the basis for Count 1 of the indictment
against Introcaso: knowing possession of a short-barreled rifle
(“sawed-off shotgun”) in violation of 26 U.S.C. § 5861(d). See
1
The Pennsylvania Protection from Abuse Act, 23 Pa. Cons.
Stat. Ann. §§ 6101–22, allows a plaintiff to obtain a PFA order
upon, inter alia, proof of abuse by a preponderance of the
evidence at a hearing. See 23 Pa. Cons. Stat. Ann. §§ 6107,
6108. A PFA order usually prohibits communication between
the plaintiff and the defendant, 23 Pa. Cons. Stat. Ann. §
6108(a)(6), and may, as here, entail other requirements.
4
also id. § 5845(a) (defining “firearm”), id. § 5871 (specifying
penalty).
Again, pursuant to the initial PFA order as well as Mrs.
Introcaso’s signed written consent to the search, the police
retrieved six more firearms (a Thompson submachine gun, an
M-14 rifle with a scope, a nine-millimeter pistol, two handguns,
and another rifle), plus several military-style ammunition boxes,
containing three live hand grenades and related components for
explosive devices (black gun powder and fuse wire). The latter
items were found inside a locked cabinet, for which the keys
that Mrs. Introcaso had given the police did not work, forcing
them to break open the lock (again with her consent). These
items form the basis for Count 2 of the indictment: possession
of unregistered destructive devices, also in violation of 26
U.S.C. § 5861(d). See also id. § 5845(f) (defining “destructive
device”), id. § 5871 (specifying penalty).
In May 2004, a federal grand jury returned an indictment
charging Introcaso with illegal possession of an unregistered
firearm and possession of unregistered destructive devices. At
the conclusion of trial in January 2005, the Judge declared a
mistrial because the jury was deadlocked. At the end of a
second trial in May 2005, a jury returned a guilty verdict on both
counts of the indictment. Soon after, Introcaso filed post-trial
motions for acquittal, arrest of judgment, and for a new trial. At
a sentencing hearing in August 2005, the District Court denied
all of Introcaso’s post-trial motions and sentenced him to six
5
months’ imprisonment and six months’ supervised release on
count one; 46 months’ imprisonment and three years’ supervised
release on count two; a fine of $2,000; and a special assessment
of $200. The imprisonment terms were to run concurrently.
Introcaso now appeals to us, asserting three claims: (1)
that the Government failed to prove all the elements sufficient
to support a conviction for possession of an unregistered
firearm, as the gun at issue fell within an “antique” exception to
the firearm registration requirement; (2) that the Government
failed to prove all the elements to support a conviction for
possession of destructive devices, as he was not in sole
possession of the devices; and (3) that the sentence was
unreasonable. On the basis of these claims, Introcaso also
challenges the Court’s denial of his post-trial motions for
acquittal, arrest of judgment, and for a new trial.2
2
The District Court had subject matter jurisdiction over this
case under 18 U.S.C. § 3231. We have jurisdiction pursuant to
28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(1).
We review de novo a district court’s denial of a judgment
of acquittal pursuant to Rule 29. United States v. Flores, 454
F.3d 149, 154 (3d Cir. 2006). We must sustain the verdict if,
viewing the evidence in the light most favorable to the
Government, any rational trier of fact could have found the
essential elements of the crime beyond a reasonable doubt.
Jackson v. Virginia, 443 U.S. 307, 318–19 (1979); Flores, 454
F.3d at 154; United States v. Jannotti, 673 F.2d 578, 598 (3d
Cir. 1982) (en banc).
6
II. Statutory Analysis3
A. Statutory Text
The plain language of the statute is the “starting place in
our inquiry.” Staples v. United States, 511 U.S. 600, 605
(1994). “If the language of a statute is clear[,] the text of the
statute is the end of the matter. If the language is unclear, we
attempt to discern Congress’ intent using the canons of statutory
construction.” United States v. Jones, 471 F.3d 478, 480 (3d
Cir. 2006) (citations, quotation marks, and brackets omitted).
The Firearms Act generally requires firearms to be
registered in the National Firearms Registration and Transfer
Record, which is maintained by the Secretary of the Treasury.
We review a district court’s refusal to grant a new trial
pursuant to Rule 33 for abuse of discretion. United States v.
Jasin, 280 F.3d 355, 360 (3d Cir. 2002). “Unlike an
insufficiency of the evidence claim, when a district court
evaluates a Rule 33 motion it does not view the evidence
favorably to the Government, but instead exercises its own
judgment in assessing the Government’s case.” United States v.
Johnson, 302 F.3d 139, 150 (3d Cir. 2002).
3
We exercise plenary review over issues of statutory
interpretation and are limited to giving effect to congressional
intent. United States v. Whited, 311 F.3d 259, 263 (3d Cir.
2002).
7
26 U.S.C. § 5841. “Firearm” is defined as follows:
(a) Firearm.—The term “firearm” means (1) a
shotgun having a barrel or barrels of less than 18
inches in length; (2) a weapon made from a
shotgun if such weapon as modified has an
overall length of less than 26 inches or a barrel or
barrels of less than 18 inches in length; (3) a rifle
having a barrel or barrels of less than 16 inches in
length; (4) a weapon made from a rifle if such
weapon as modified has an overall length of less
than 26 inches or a barrel or barrels of less than
16 inches in length; (5) any other weapon, as
defined in subsection (e); (6) a machinegun; (7)
any silencer (as defined in section 921 of title 18,
United States Code); and (8) a destructive device.
The term “firearm” shall not include an antique
firearm or any device (other than a machinegun or
destructive device) which, although designed as a
weapon, the Secretary finds by reason of the date
of its manufacture, value, design, and other
characteristics is primarily a collector’s item and
is not likely to be used as a weapon.
26 U.S.C. § 5845(a) (emphasis added).4 For purposes of the
4
Possession of any unregistered “firearm” is a criminal act,
punishable by up to ten years’ imprisonment or fines not to
8
antique-firearm exception, “antique firearm” is defined as
follows:
(g) Antique firearm.—The term “antique firearm”
means any firearm not designed or redesigned for
using rim fire or conventional center fire ignition
with fixed ammunition and manufactured in or
before 1898 (including any matchlock, flintlock,
percussion cap, or similar type of ignition system
or replica thereof, whether actually manufactured
before or after the year 1898) and also any firearm
using fixed ammunition manufactured in or before
1898, for which ammunition is no longer
manufactured in the United States and is not
readily available in the ordinary channels of
commercial trade.
26 U.S.C. § 5845(g).
Neither party contests that Introcaso owned a pre-1899
shotgun that was not registered. The gun was double-barreled,
with an overall length measuring 18 5/8 inches, and a barrel-
length of 10 3/4 inches each. App. 371, 373 (Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) agent’s
testimony). These measurements meet the statutory
requirements for “firearm” under § 5845(a)(1)–(2), subjecting
exceed $10,000. 26 U.S.C. §§ 5861(d) & 5871.
9
this gun to a registration requirement unless it met the
specifications of the antique-firearm exception.5
Introcaso argues that he was exempt from a registration
requirement because the definition of “antique firearm”
encompasses all pre-1899 guns for which fixed ammunition
specifically designed for that gun is no longer made or readily
available.6 For support, he cites the expert testimony of an ATF
5
We note that the ATF agent testified that the gun may have
been modified from its original design because it appeared to
have a shortened stock and shortened barrel muzzles. See App.
366, 370–71, 394. He was unsure whether it was in fact
modified, when, or by whom. See App. 394–95. In any event,
we need not address any implications of redesign, as this issue
is not before us. The Government did not at trial, and does not
on appeal, contend that the gun fails to fit the definition of
antique because it was “redesigned.”
6
Introcaso does not contend that the shotgun is a “device . . .
which, although designed as a weapon, the Secretary finds by
reason of the date of its manufacture, value, design, and other
characteristics is primarily a collector’s item and is not likely to
be used as a weapon.” 26 U.S.C. § 5841(a). Nor is there any
indication that the Secretary has made—or, indeed, given the
Government’s position in this case, is likely to make—the
determination that the shotgun is primarily a collector’s item and
not likely to be used as a weapon. Accordingly, we consider
only whether the shotgun fits the “antique firearm” prong of the
exception.
10
agent who determined that the gun was manufactured between
1877 and 1893. See App. 366–67, 390–91. In addition, the
18.2-millimeter shot made for guns of this type is no longer
manufactured or readily available. See App. 396–97.7
7
An exchange between defense counsel and one ATF agent
highlights the central issue here:
ATF Agent: Underneath the barrels, and this was
common for Belgium made shotguns in
that period, there would be a number. In
this case . . . [it was] 18.2, which is in
millimeters, which designates the—the
caliber or the bore, which in this case
would be 12-gauge.
...
Counsel: [18.2] millimeters . . . transfers to 12-
gauge?
ATF Agent: Roughly, yes. . . . Well, it wouldn’t be
exactly 12-gauge. It’s an equivalent to 12-
gauge, but we would [not] designate 12-
gauge.
...
Counsel: I understand that [a 12-gauge
shotgun shell] may work in the gun,
but as far as what it was designed
to do?
11
ATF Agent: [T]he cartridge fits neatly in the
chamber. It’s not loose or too tight.
...
Counsel: Okay. Well, you’ll agree with me
that, for example, a [.]38[-]caliber
casing would fit inside a gun that
was designated to fire a [.]357 type
ammunition?
ATF Agent: That’s correct.
Counsel: So, I guess what I’m wondering is,
is there any designation on this gun
that says it’s a 12-gauge shotgun?
ATF Agent: Other than the marking 18.2
[millimeters], no . . . .
...
Counsel: [The] 12-gauge ammunition . . .
you fired in the gun . . . would not
have been available in the form in
which you used [it] when the gun
was manufactured in Belgium
between 1877 and 1893, correct?
ATF Agent: As far as the gauge size, it would
have been available. The type of
shell that I used had a plastic hole.
12
The Government contends that a gun is not antique, even
if manufactured before 1899, if it fits the definition for firearm
and if any fixed ammunition can be found in a commercial
market that can be used to fire the gun. Although 18.2-
millimeter shells are no longer available, an ATF agent testified
that the gun can fire fixed ammunition that is currently
commercially manufactured in the United States, namely 12-
gauge shotgun shells. See App. 364–69, 396–97. In fact, an
ATF agent testified that he had test-fired the gun successfully
with 12-gauge shotgun shells. See App. 368–70, 379–81. Thus,
we must decide whether the antique firearm exception applies
to pre-1899 guns for which the ammunition initially designed
for them is no longer available. If it does not, we will uphold
Introcaso’s conviction on count one, but if it does, we will
reverse it.
The plain text of the statute clearly exempts, inter alia,
antique firearms, but provides little guidance concerning the
precise question presented here.8 As the parties suggest, “for”
Back then they were paper shells,
but, basically, it was the same type
of shell . . . [but] [n]ot the identical
shell.
App. 396–97.
8
There is no dispute that the shotgun here uses fixed
ammunition; thus the first part of the definition in subsection
13
in the phrase “for which ammunition is no longer
manufactured,” § 5845(g), can be read two ways: in the sense of
“specifically designed for” (design) or “able to be used in”
(usability). If we read “for” to refer to design, that sense applies
to both predicate phrases: guns are antique if manufacturers
have stopped issuing ammunition of a specific design and if the
market likewise no longer provides ammunition (here shells) of
that design. The other reading would require us to understand
“for” in two different senses: guns are antique if manufacturers
have ceased to produce shells of a particular design for use in a
range of guns of a certain period (design) and if the market no
(g), referencing “rim fire,” does not apply. There is also no
dispute that this is not a weapon that the Treasury Secretary
already has designated as an antique; thus, the definition in
subsection (a) does not apply. Finally, as the Second Circuit
Court of Appeals has observed, while the phrase “any firearm
using fixed ammunition manufactured in or before 1898” is
potentially ambiguous because “‘manufactured in or before
1898’ could linguistically refer either to the firearm or to the
ammunition,” any doubt as to the meaning is resolved by “the
context and history of the provision[, which] make it clear that
the date refers to the time of manufacture of the gun.” United
States v. Tribunella, 749 F.2d 104, 109 n.2 (2d Cir. 1984); see
also id. (“[T]he insertion of 1898 in the then-pending legislation
was explained with the grammatically unambiguous statement
that it was intended to exempt ‘certain firearms using fixed
ammunition which were manufactured in 1898 or earlier.’”
(quoting 114 Cong. Rec. 14793 (1968) (remarks of Senator
Tower))).
14
longer has shells that can be used in these guns (usability). Id.
Although the first seems to us to be a better or more likely
reading, it does not reveal definitively congressional intent on
this matter.
B. Statutory Purpose
We next look to statutory purpose to the extent we can
discern it. See, e.g., Nugent v. Ashcroft, 367 F.3d 162, 170 (3d
Cir. 2004) (“[To resolve ambiguous terms,] courts should look
to the reading that ‘best accords with the overall purposes of the
statute’ . . . .”) (quoting Moskal v. United States, 498 U.S. 103,
116–17 (1990)). It is evident “from the face of the Act that the
[Firearms Act]’s object was to regulate certain weapons likely
to be used for criminal purposes.” United States v.
Thompson/Center Arms Co., 504 U.S. 505, 517 (1992); see also
S. Rep. No. 90-1097, at 2–3 (1968), as reprinted in 1968
U.S.C.C.A.N. 2113, 2113–14 (noting concerns that firearms be
kept away from those not legally entitled to possess them
because of age, criminal background, or incompetency in order
to decrease gun-violence); H.R. Rep. No. 90-1577, at 7–8
(1968), as reprinted in 1968 U.S.C.C.A.N. 4410, 4413 (listing
statistics of those killed by unlawful guns). At the same time,
by adding the antique-firearm exception in 1968, Congress also
“intended to preclude coverage of antique guns held by
collectors ‘in pursuance of the clearly indicated congressional
intent to cover under the National Firearms Act only such
modern and lethal weapons, except pistols and revolvers, as
15
could be used readily and efficiently by criminals or gangsters.’”
Thompson/Center, 504 U.S. at 517 (citing H.R. Rep. No. 83-
1337, at A395 (1954)); see also H.R. Rep. No. 90-1577, at 9, as
reprinted in 1968 U.S.C.C.A.N. 4410, 4415; 114 Cong. Rec.
26863 (1968) (remarks of Senator Long).
This legislative history does not determine our issue
because that history reveals two competing purposes: (1)
regulation of guns to control violence and (2) avoiding placing
undue burdens on museums and gun collectors.9 The facts here
may be read to meet the concerns of both—the former from the
perspective of the Government viewing Introcaso as a violence-
prone gun owner, and the latter from the perspective of
Introcaso as a gun collector.
C. Analysis of the Second Circuit Court of
Appeals
In its review of a similar case, the Second Circuit Court
of Appeals offered a different interpretation of the antique
firearm exception. United States v. Tribunella, 749 F.2d 104,
9
For a detailed recitation of the Firearm Act’s legislative
history, see Thompson/Center, 504 U.S. at 516–17 (arguing that
the congressional purpose was to regulate weapons useful for
criminal purposes, but applied only to “such modern and lethal
weapons . . . as could be used readily and efficiently by
criminals or gangsters”) (quoting H.R. Rep. No. 90-1337, at
A395 (1954)).
16
109 (2d Cir. 1984).10 In that case, Tribunella was convicted for
possession of an unregistered double-barreled sawed-off
shotgun that police found concealed in an area above the ceiling
tile of his basement bedroom. Id. at 106. A firearms expert
from the local police department examined the gun and testified
that its measurements fit the statutory ones for “firearm,” and
that he successfully test-fired it using standard 12-gauge shotgun
shells that were commercially available. Id. at 107. A dealer
and consultant in antique firearms gave his expert opinion that
the shotgun had been manufactured before 1899 “and was
designed to fire a type of fixed ammunition made before 1899
that is no longer commercially available in the United States.”
Id. Furthermore, he testified that while the gun—like many
other antiques—could fire ammunition not designed for it,
10
This Court is the only other Circuit Court to address our
issue in a precedential opinion. The Seventh Circuit Court has
addressed it in two non-precedential decisions on similar
facts—one of them relying on Tribunella. See United States v.
Turnbough, Nos. 96-2531, 96-2677, 114 F.3d 1992 (Table),
1997 WL 264475, at *3 (7th Cir. May 14, 1997) (non-published
order) (citing Tribunella, 749 F.2d at 108–11); United States v.
Hope, No. 93-2868, 56 F.3d 67 (Table), 1995 WL 309629, at *1
(7th Cir. May 18, 1995) (non-published order) (“The district
court expressly found at the sentencing hearing that the shotgun
was tested ‘using commercially available federal 10-gauge shot
shell[s],’ and that the test firing disclosed that the firearm was
‘capable of expelling a projectile by the action of an
explosive.’”).
17
“modern ammunition would eventually make the gun explode:
‘it could happen on the next shot, [or] it could be a hundred
shots down the line . . . .’” Id.
Construing the antique-firearm exception’s two
conditions (that ammunition for the gun “is no longer
manufactured” and that ammunition for the gun “is not readily
available”), the Court opined that “[a]lthough the first condition
appears to focus on ammunition designed specifically for the
pre-1899 gun, no such focus is spelled out in the second
condition.” Id. at 109. It rejected Tribunella’s interpretation of
the second condition “as requiring only that specifically
designed ammunition be unavailable,” though it acknowledged
that his view was “not definitely refuted by the language of the
condition.” Id. Instead, it adopted the Government’s
interpretation that “the second condition applies to any
ammunition and not to just specially designed ammunition [if
one] attributes to the word ‘for’ different connotations in the two
conditions: in the first, ‘for’ means ‘designed for use in’; in the
second, ‘for’ means ‘able to be used in.’” Id. Though this
reading “requires some interpolation,” the Court concluded that
it was “truer to the language Congress actually used,” as “[i]t is
more likely that Congress meant the word ‘for’ to have different
connotations in accordance with its context than that it used the
absolute word ‘not’ to denote the less absolute concept of ‘no
longer.’” Id. (emphasis added). Moreover, it acknowledged the
dual purposes behind the statute, id. at 110–11 (detailing the
statutory and legislative history), but determined that decreasing
18
gun violence was the “overriding concern.” Id. at 110. “If
ammunition made for other weapons is readily available in
commercial channels and is usable in a pre-1899 firearm,” it
reasoned, “it cannot safely be inferred that the pre-1899 firearm
is never likely to be used as a weapon.” Id. at 111. Therefore,
the Court concluded, the firearm exception “exclud[es] from the
definition of antique any firearm for which any usable
ammunition is readily available in ordinary channels of
commerce.” Id. at 109 (emphasis added).
D. Design versus Usability
Though its reasoning is plausible, we do not agree with
the Second Circuit Court of Appeals’ analysis. The Court
acknowledged that the statutory language was ambiguous and
the statutory purposes varied. Id. (acknowledging that
Tribunella’s interpretation was “not definitely refuted by the
language of the condition,” that the Government’s reading
“require[d] some interpolation,” but that “[i]t is more likely that
Congress meant the word ‘for’ to have different connotations”
in support of the Government’s view) (emphasis added).
When a criminal statute’s language is unclear, we cannot
satisfy ourselves with what we think Congress “more likely”
intended without some clear indication of what it actually
intended. See United States v. Gradwell, 243 U.S. 476, 485
(1917) (“[B]efore a man can be punished as a criminal under the
Federal law his case must be plainly and unmistakably within
19
the provisions of some statute.”) (citation and quotation marks
omitted); see also United States v. Wiltberger, 18 U.S. (5
Wheat.) 76, 95 (1820) (“The rule that penal laws are to be
construed strictly . . . is perhaps not much less old than
construction itself.”); Thompson/Center, 504 U.S. at 517–18
(applying the rule of lenity to the Firearms Act to conclude that
an arms manufacturer had no tax liability for “[m]aking” a
firearm because of ambiguity in the ambit of the statute and
because significant penal sanctions attached to violations of the
payment requirement). The rule is designed to ensure that
legislatures and not courts exact penal laws as well as to ensure
that individuals have fair notice of what the law requires so as
to avoid arbitrary enforcement. McBoyle v. United States, 283
U.S. 25, 27 (1931) (“Although it is not likely that a criminal will
carefully consider the text of the law before he murders or
steals, it is reasonable that a fair warning should be given to the
world[,] in language that the common world will understand, of
what the law intends to do if a certain line is passed.”);
Wiltberger, 18 U.S. (5 Wheat.) at 95 (“[T]he power of
punishment is vested in the legislative, not in the judicial
department. It is the legislature, not the Court, which is to
define a crime, and ordain its punishment.”); Smith v. United
States, 360 U.S. 1, 9 (1959) (applying the “the traditional canon
of construction which calls for the strict interpretation of
criminal statutes and rules in favor of defendants where
substantial rights are involved,” in part to avoid “oppressive and
arbitrary proceedings”).
20
As noted, the statutory text, history and legislative
purpose do not provide clarity, because they recognize opposing
interests in regulating guns that may be used for violence and in
avoiding placing burdens on gun collectors. With these
competing concerns, the question for us is what conduct
Congress intended to, and did, criminalize. “[B]ecause of the
seriousness of criminal penalties, and because criminal
punishment usually represents the moral condemnation of the
community, legislatures and not courts should define criminal
activity.” United States v. Bass, 404 U.S. 336, 348 (1971).
Thus, to criminalize possession of purported antique firearms
that may fit the technical definition of “firearm,” Congress must
have “‘spoken in language that is clear and definite.’” Jones v.
United States, 529 U.S. 848, 858 (2000) (quoting United States
v. Universal C.I.T. Credit Corp., 344 U.S. 218, 221–22 (1952)).
Here, where we are left with “no more than a guess,” Ladner v.
United States, 358 U.S. 169, 178 (1958), as to what it was more
likely that Congress intended, we should resolve the case in
Introcaso’s favor. Because Congress did not declare clearly an
intent to impose a registration requirement on pre-1899 firearms
in which any modern ammunition is usable (in addition to or
instead of guns for which ammunition is specifically designed),
we apply the rule of lenity to conclude that Introcaso is not
liable for failing to register the firearm in question.11 We will
11
Moreover, we note that it was apparently impossible for
Introcaso to register this gun. According to the ATF agent, this
gun—like other 19th-Century guns—did not have a serial
21
therefore reverse his conviction and vacate his sentence on the
first count of the indictment.
III. Unregistered Destructive Devices
Introcaso argues that he was not in direct possession of
the hand grenades and other destructive devices that the police
seized because he had been barred from going to the house
pursuant to the PFA order, and that the Government did not
otherwise prove that he was in possession of the devices. The
Government counters that there was sufficient evidence at trial
for a jury to conclude beyond a reasonable doubt that Introcaso
was in constructive possession of the devices. As this is a
sufficiency-of-the-evidence issue, we ask “whether there was
substantial evidence, viewed in the light most favorable to the
government, to support defendant[’s] conviction.” United States
v. Castro, 776 F.2d 1118, 1123 (3d Cir. 1985).
In order to convict for possession of unregistered
destructive devices, the Government must present sufficient
number, and without one it could not be registered. See App.
400. Apparently in 1934 and in 1968 there was an amnesty
period during which Introcaso (or whoever was alive and in
possession of the gun at that time) would not have been
prosecuted had he brought in the gun for registration. Id. at
400–01. But “at this point in time, there’s no provision to
register a firearm that’s already manufactured, and governed by
the [Firearms Act].” Id. at 401 (ATF agent’s testimony).
22
evidence to demonstrate that Introcaso was in possession of the
devices. This demonstration may be actual or constructive.
United States v. Brown, 3 F.3d 673, 680 (3d Cir. 1993). To
demonstrate constructive possession, the Government
must submit sufficient evidence to support an
inference that the individual “knowingly has both
the power and the intention at a given time to
exercise dominion or control over a thing, either
directly or through another person or persons.
Constructive possession necessarily requires both
‘dominion and control’ over an object and
knowledge of that object’s existence.”
Id. (quoting United States v. Iafelice, 978 F.2d 92, 96 (3d Cir.
1992) (citations omitted)). “Such dominion and control need
not be exclusive but may be shared with others.” United States
v. Davis, 461 F.2d 1026, 1035 (3d Cir. 1972). Mere proximity
is not enough to demonstrate constructive possession. United
States v. Jenkins, 90 F.3d 814, 818 (3d Cir. 1996) .
In Brown, the Court concluded that the evidence sufficed
to support a finding of constructive possession where the
defendant possessed a key to the house, came to the house
during the search, admitted that non-contraband items found in
the same room as the contraband items belonged to her,
established that she owned the house, and a Government witness
testified that the house was used to store and prepare drugs for
23
distribution. Brown, 3 F.3d at 680–81. Similarly here, the
Government established that Introcaso was the lessee of record
on the house and had occupied the house along with his wife up
until a week before the explosive devices were removed, he was
seen in the vicinity of the house when police returned for the
second search, his wife’s keys did not work to open the locked
cabinet in which the explosives were found, he likely knew
about the devices, as two former employees testified that they
had seen him store similar or identical hand grenades in a
similar or identical military ammunition box in his office and an
ammunition-filled box was in his basement during the search.
See App. 152–53, 161–63, 182–86, 193–94, 248–50, 298–303,
342–44, 465–66.
Viewing the evidence in the light most favorable to the
Government, we have no doubt that it presented evidence
sufficient to allow a jury to conclude that Introcaso was in
constructive possession of the explosive devices, and there is no
indication that its conclusion rested on mere proximity. Cf.
Jackson v. Byrd, 105 F.3d 145, 148–50 (3d Cir. 1997)
(apartment lessee who exercised control over parts of it was in
constructive possession of its contents); United States v. Wahl,
290 F.3d 370, 376–77 (D.C. Cir. 2002) (jury may infer that a
person exercises constructive possession over items found in his
or her home).12
12
Introcaso also argues that proof of constructive possession
requires an affirmative act linking the accused to the contraband
24
IV. Sentence: Reasonableness13
Introcaso received a sentence of six months’
imprisonment and six months’ supervised release on the firearm
count (Count I), 46 months’ imprisonment and three years’
supervised release on the grenades count (Count II), a fine of
item. In support of his argument, he cites United States v. Moye,
422 F.3d 207, 212–13 (4th Cir. 2005), erroneously stating that
it is a Third Circuit opinion following and elaborating upon
Brown. Appellant’s Br. at 14. Moye was a Fourth Circuit
opinion, and it was vacated by an en banc panel last year. 454
F.3d 390 (4th Cir. 2006) (en banc). The en banc opinion stated
no such “affirmative act” element of constructive possession,
and instead reiterated a standard similar to the one we
articulated in Ianelli: “Constructive possession is established if
it is shown ‘that the defendant exercised, or had the power to
exercise, dominion and control over the item.” Id. at 395
(citations omitted). The Court concluded that the circumstantial
evidence in that case sufficed to allow a jury to conclude that the
defendant, who never was seen with the gun on his person, was
nevertheless in constructive possession of it. Id. Moye thus
provides no support for Introcaso’s claims.
13
We review sentences for reasonableness. United States v.
Booker, 543 U.S. 220, 261 (2005); see also United States v.
Grier, 475 F.3d 556, 561 (3d Cir. 2007) (en banc).
Reasonableness review “merely asks whether the trial court
abused its discretion” in imposing a sentence. Rita v. United
States, 551 U.S. __, 127 S. Ct. 2456, 2465 (2007).
25
$2,000, and a special assessment of $200 (reflecting a
mandatory assessment of $100 on each count). The sentences
were to run concurrently. Though we reverse Introcaso’s
conviction and vacate his six-month sentence on the first count,
we affirm his conviction on the second count. Thus, it is
necessary for the Court to determine whether the sentencing
court’s imposition of a 46-month sentence on the second count
was reasonable.
Introcaso’s argument that 46 months’ imprisonment is an
unreasonable sentence is no more than a rehashing of his
challenge to the conviction. In challenging the sentence, he
merely reiterates that he was not in possession of the destructive
devices “secured” in the basement, and that no one intended to
“utilize any item in this case for a destructive or otherwise
illegal purpose.” Appellant’s Br. at 17. He argues that these
facts “combine to render the sentence imposed unreasonable
under the circumstances and therefore same should be reversed.”
Id.
A review of the sentencing hearing reveals that the
District Court complied with the three-step sentencing procedure
we set out in United States v. Gunter, 462 F.3d 237, 247 (3d Cir.
2006).14 It performed the initial Guidelines calculation based on
14
We have interpreted Booker to require the following three
steps in the sentencing process:
26
the Pre-Sentencing Report, it ruled on Introcaso’s downward
departure motion, and it exercised discretion in imposing a
sentence in the middle of the Guidelines range. See Supp. App.
70–85. We discern no abuses of discretion, and thus have no
reason to hold the sentence unreasonable.
Finally, though we reverse Introcaso’s conviction on
Count I and vacate his sentence thereupon, a remand for
resentencing is unnecessary because our actions with respect to
(1) Courts must continue to calculate a
defendant’s Guidelines sentence precisely as they
would have before Booker.
(2) In doing so, they must formally rule on the
motions of both parties and state on the record
whether they are granting a departure and how
that departure affects the Guidelines calculation,
and take into account our Circuit’s pre-Booker
case law, which continues to have advisory force.
(3) Finally, they are required to exercise their
discretion by considering the relevant [18 U.S.C.]
§ 3553(a) factors in setting the sentence they
impose regardless whether it varies from the
sentence calculated under the Guidelines.
Gunter, 462 F.3d at 247 (internal citations, brackets, and
quotation marks omitted).
27
Count I do not affect his sentence under Count II.15 Our
15
The District Court assessed the base offense level to be 18
pursuant to U.S.S.G. § 2K2.1(a)(5) for violation of, inter alia,
§ 5845(a) of the Firearms Act. It added two points pursuant to
§ 2K2.1(b)(1)(A), for an offense involving three to seven
firearms, on the ground that Introcaso possessed one
unregistered shotgun and three hand grenades. The Court then
added another two points for possession of the three hand
grenades pursuant to § 2K2.1(b)(3)(B), resulting in a total
adjusted offense level of 22. This offense level—combined with
a criminal history category of I—corresponds to an
imprisonment range of 41 to 51 months, a supervised release
range of two to three years, and a fine range of $7,500 to
$75,000.
Removing the shotgun count from the sentencing
calculation yields the same advisory Guidelines range. The two-
point addition under § 2K2.1(b)(1)(A) remains unchanged
because the hand grenade count is sufficient to meet the
requirements of the Guidelines’ provision. Within the
Guidelines range of 41 to 51 months, the District Court
determined that a term of imprisonment of 46 months was a
proper penalty to address the severity of Introcaso’s conviction
on the grenades count. See Supp. App. 82 (“A lesser sentence
than 46 months in my view would not adequately promote
respect for the law under [sic] grenade offense, and would
depreciate the seriousness of the offense[,] and . . . would not be
sufficiently just punishment.”). Finally, the Court imposed a
below-Guidelines-range fine of $2,000 because of Introcaso’s
inability to pay, and the fine remains unaffected by our reversal
on the shotgun count.
28
decision to reverse Introcaso’s conviction and vacate his
sentence on the first count materially changes his sentence in
only one way: he was initially sentenced to a $200 mandatory
special assessment, reflecting an assessment of $100 on each
count. Because we are vacating the sentence on count one, the
mandatory special assessment should be $100, reflecting an
assessment on the second count only.
V. Conclusion
Concluding that the statute was ambiguous as to whether
the antique firearm exception applied to the gun in question, we
apply the rule of lenity to reverse Introcaso’s conviction on that
count. But because the Government’s evidence was sufficient
to establish that he was in possession of the hand grenades, we
affirm the conviction on the second count. While we vacate the
portion of Introcaso’s sentence relating to count one and affirm
the conviction and sentence for count two, there is no need to
remand for resentencing because (but for our eliminating a $100
special assessment) his sentence remains the same.
29
ACKERMAN, District Judge, concurring in part and dissenting
in part:
I join the majority’s opinion insofar as it affirms
Introcaso’s conviction on count two, for possession of
unregistered destructive devices. I also concur with the
majority’s conclusion that the sentence imposed on Introcaso
was not unreasonable. However, I must respectfully dissent
from the majority’s decision to reverse Introcaso’s conviction as
to count one, possession of an unregistered sawed-off shotgun.
For the reasons stated by the Second Circuit in United States v.
Tribunella, 749 F.2d 104 (2d Cir. 1984), I would conclude that
the antique-firearm exception does not apply in this case and
would affirm Introcaso’s conviction on this count.
As the majority suggests, in enacting the National
Firearms Act, Congress had several purposes, including not
placing undue burdens on museums and gun collectors and
decreasing the violent use of guns. Tribunella, 749 F.2d at 109-
11. However, the mere fact that Congress had multiple and
perhaps competing purposes does not automatically render the
statute ambiguous. As the court in Tribunella reasoned, the
Act’s restrictive definition of antique “in terms of the type of
ammunition the weapon could use reveals that Congress’s
30
overriding concern was for decreasing the violent use of guns.”
Id. at 110. Thus, Congress intended “to exclude from regulation
only those weapons that are unlikely to be usable for violent
acts.” Id. Accordingly, there is no need to resort to the rule of
lenity: The Second Circuit’s reasonable construction of §
5845(g) as “excluding from the definition of antique any firearm
for which any usable ammunition is readily available in ordinary
channels of commerce,” id. at 109, comports with the statute’s
plain text and congressional intent. Therefore, I must
respectfully dissent from the majority’s opinion regarding
Introcaso’s conviction for possession of an unregistered firearm.
31
|
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"pile_set_name": "FreeLaw"
}
| 0 |
Anal and use in Bondage for Redhead
|
{
"pile_set_name": "OpenWebText2"
}
| 0.057143 |
Thai Girl Made To Suck Cock Of Old Man
|
{
"pile_set_name": "OpenWebText2"
}
| 0.052632 |
Q:
What is the RMS value of this waveform
I would like to know what is the RMS value of this waveform. I would like to see the mathematics. I ve done the mathematics but it seems that the result has a lot of terms ... If some approximations are made, please tell me in which conditions these approximations can be done.
Thank you very much !
A:
Your waveform is poorly labeled.
See this example
And we have:
$$I_{AV} = \frac{I_{max}+ I_{min}}{2}$$
$$I_{RMS} = \sqrt{I_{AV}^2 +\frac{(I_{max}-I_{min})^2}{12}} \approx I_{AV}$$
Now you can try to figure it out yourself.
|
{
"pile_set_name": "StackExchange"
}
| 0 |
Coperta Religie, Sf. Mina, cls. I Foto: ASUR
Contrapagina Religie, Sf. Mina, cls. I Foto: ASUR
Manualul de Religie de la Editura Sf. Mina, clasa I, le exemplifica elevilor ce patesti daca minti sau daca faci rau."Dintre manualele incriminate pana acum, unul singur a fost scos de pe lista manualelor aprobate de catre Minister in anul scolar 2012-2013, dar el se afla in continuare in uz, un exemplu fiind chiar scoala din Bucuresti la care invata fata mea", a sustinut Toma Patrascu. "Faptul ca Ministerul Educatiei a scos acest manual de pe lista celor aprobate nu a rezolvat problema. Au scos doar un manual din multe altele incriminate si, in practica, el e folosit fara probleme in scoli", a declarat pentru HotNews.ro vicepresedintele ASUR, Toma Patrascu.Acesta a precizat ca manualul de fata "a fost scos de pe lista manualelor aprobate de catre Minister in anul scolar 2012-2013, dar el se afla in continuare in uz, un exemplu fiind chiar scoala din Bucuresti la care invata fata mea, la clasa folosindu-se acest manual"."Cu toate ca am sesizat aceasta situatie conducerii scolii, raspunsul primit in urma consultarii a fost: ne pare rau, Ministerul nu are fonduri sa cumpere alte manuale, asa ca il folosim in continuare pe acesta. Este un manual pentru clasa I", a afirmat pentru HotNews.ro Toma Patrascu.(MEN) au declarat pentru HotNews.ro ca "in invatamantul obligatoriu trebuie sa se predea numai dupa manualele aflate in catalogul manualelor scolare aprobate de catre MEN". "In cazul in care se intampla situatii de genul acesta, responsabila este conducerea scolii pentru utilizarea unui manual care nu se afla pe lista manualelor aprobate de Minister, respectarea acestei liste fiind obligatorie", au precizat reprezentantii Ministerului.In ceea ce priveste analizarea cazului de fata, aceasta se poate realiza de catre Inspectoratul Scolar, in urma unei sesizari. "Daca exista aceasta sesizare si se constata o abatere, sanctiunile sunt stabilite de catre Inspectorat si de catre Consiliul de Administratie, unde cazul respectiv trebuie analizat", sustine MEN.Vicepresedintele Asociatiei Secular-Umaniste din Romania a afirmat ca in afara acestui manual care oficial a fost scos de pe lista manualelor aprobate de MEN, "toate celelalte la care Asociatia a facut referire in comunicatele publicate anii trecuti sunt in continuare aprobate de catre Minister. Se pot vedea in catalogul manualelor aprobate scolare valabile pentru acest an scolar si ele nu au fost incriminate doar de asociatia noastra, ci inca din 2007 prin raportul Ligii Pro Europa".Potrivit lui Patrascu, inca se preda la clase, la Religie, dupa manuale care au exercitii in care copiii trebuie sa raspunda unor intrebari precum:"Ce porunca incalca un crestin care:a) poarta la gat alte semne decat sfanta cruce?(...)c) face glume despre Dumnezeu, Biserica si cele sfinte?d) in zilele de sarbatoare sau duminica - Ziua Domnului - se distreaza sau merg in alte locuri, in afara de biserica, negandindu-se deloc la Dumnezeu?"Toma Patrascu, vicepresedintele ASUR, a declarat pentru HotNews.ro ca si fisele de lucru pentru clasa pregatitoare "induc ideea de obedienta si de supunere in fata preotului". "Aproape nu exista pagina in care sa nu existe copil in pozitie de supunere", a precizat Patrascu.Religie, cultul ortodox, cls. a III-a; Nicolae Vladu; Ed. Corint, 2008, pag. 9Religie, cultul ortodox, cls. a IV-a; Cornelia Muha, Maria Orzetic, Elena Mocanu; Ed. Sf. Mina, 2008, pag. 9Religie, cultul ortodox, cls. a IV-a; Cornelia Muha, Maria Orzetic, Elena Mocanu; Ed. Sf. Mina, 2008, pag. 12Pagina 47 - fragmentReligie, cultul ortodox, cls. a IV-a; PS Varsanufie Prahoveanul episcop vicar (coordonator), L. Teodorescu, I. Martin, A. Chirila; Ed. Aramis Print, 2006, pag. 12
|
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"pile_set_name": "OpenWebText2"
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| 0 |
Anon knows how to remix
|
{
"pile_set_name": "OpenWebText2"
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| 0 |
#include "FastSimulation/Tracking/interface/SeedFinderSelector.h"
// framework
#include "FWCore/Framework/interface/EventSetup.h"
#include "FWCore/Framework/interface/Event.h"
// track reco
#include "RecoTracker/MeasurementDet/interface/MeasurementTracker.h"
#include "RecoTracker/TkHitPairs/interface/RecHitsSortedInPhi.h"
#include "RecoTracker/TkHitPairs/interface/HitPairGeneratorFromLayerPair.h"
#include "DataFormats/SiPixelDetId/interface/PixelSubdetector.h"
#include "RecoTracker/TkSeedGenerator/interface/MultiHitGeneratorFromPairAndLayers.h"
#include "RecoTracker/TkSeedGenerator/interface/MultiHitGeneratorFromPairAndLayersFactory.h"
#include "RecoTracker/Record/interface/CkfComponentsRecord.h"
#include "RecoPixelVertexing/PixelTriplets/interface/HitTripletGeneratorFromPairAndLayers.h"
#include "RecoPixelVertexing/PixelTriplets/interface/HitTripletGeneratorFromPairAndLayersFactory.h"
#include "RecoPixelVertexing/PixelTriplets/interface/CAHitTripletGenerator.h"
#include "RecoPixelVertexing/PixelTriplets/interface/CAHitQuadrupletGenerator.h"
#include "RecoPixelVertexing/PixelTriplets/interface/OrderedHitSeeds.h"
#include "RecoTracker/TkHitPairs/interface/IntermediateHitDoublets.h"
// data formats
#include "DataFormats/TrackerRecHit2D/interface/FastTrackerRecHit.h"
SeedFinderSelector::SeedFinderSelector(const edm::ParameterSet &cfg, edm::ConsumesCollector &&consumesCollector)
: trackingRegion_(nullptr),
eventSetup_(nullptr),
measurementTracker_(nullptr),
measurementTrackerLabel_(cfg.getParameter<std::string>("measurementTracker")) {
if (cfg.exists("pixelTripletGeneratorFactory")) {
const edm::ParameterSet &tripletConfig = cfg.getParameter<edm::ParameterSet>("pixelTripletGeneratorFactory");
pixelTripletGenerator_ = HitTripletGeneratorFromPairAndLayersFactory::get()->create(
tripletConfig.getParameter<std::string>("ComponentName"), tripletConfig, consumesCollector);
}
if (cfg.exists("MultiHitGeneratorFactory")) {
const edm::ParameterSet &tripletConfig = cfg.getParameter<edm::ParameterSet>("MultiHitGeneratorFactory");
multiHitGenerator_ = MultiHitGeneratorFromPairAndLayersFactory::get()->create(
tripletConfig.getParameter<std::string>("ComponentName"), tripletConfig);
}
if (cfg.exists("CAHitTripletGeneratorFactory")) {
const edm::ParameterSet &tripletConfig = cfg.getParameter<edm::ParameterSet>("CAHitTripletGeneratorFactory");
CAHitTriplGenerator_ = std::make_unique<CAHitTripletGenerator>(tripletConfig, consumesCollector);
seedingLayers_ = std::make_unique<SeedingLayerSetsBuilder>(
cfg,
consumesCollector,
//calling the new FastSim specific constructor to make SeedingLayerSetsHits pointer for triplet iterations
edm::InputTag("fastTrackerRecHits"));
layerPairs_ = cfg.getParameter<std::vector<unsigned>>("layerPairs"); //allowed layer pairs for CA triplets
}
if (cfg.exists("CAHitQuadrupletGeneratorFactory")) {
const edm::ParameterSet &quadrupletConfig = cfg.getParameter<edm::ParameterSet>("CAHitQuadrupletGeneratorFactory");
CAHitQuadGenerator_ = std::make_unique<CAHitQuadrupletGenerator>(quadrupletConfig, consumesCollector);
//calling the new FastSim specific constructor to make SeedingLayerSetsHits pointer for quadruplet iterations
seedingLayers_ =
std::make_unique<SeedingLayerSetsBuilder>(cfg, consumesCollector, edm::InputTag("fastTrackerRecHits"));
layerPairs_ = cfg.getParameter<std::vector<unsigned>>("layerPairs"); //allowed layer pairs for CA quadruplets
}
if ((pixelTripletGenerator_ && multiHitGenerator_) || (CAHitTriplGenerator_ && pixelTripletGenerator_) ||
(CAHitTriplGenerator_ && multiHitGenerator_)) {
throw cms::Exception("FastSimTracking")
<< "It is forbidden to specify together 'pixelTripletGeneratorFactory', 'CAHitTripletGeneratorFactory' and "
"'MultiHitGeneratorFactory' in configuration of SeedFinderSelection";
}
if ((pixelTripletGenerator_ && CAHitQuadGenerator_) || (CAHitTriplGenerator_ && CAHitQuadGenerator_) ||
(multiHitGenerator_ && CAHitQuadGenerator_)) {
throw cms::Exception("FastSimTracking")
<< "It is forbidden to specify 'CAHitQuadrupletGeneratorFactory' together with 'pixelTripletGeneratorFactory', "
"'CAHitTripletGeneratorFactory' or 'MultiHitGeneratorFactory' in configuration of SeedFinderSelection";
}
}
SeedFinderSelector::~SeedFinderSelector() { ; }
void SeedFinderSelector::initEvent(const edm::Event &ev, const edm::EventSetup &es) {
eventSetup_ = &es;
edm::ESHandle<MeasurementTracker> measurementTrackerHandle;
es.get<CkfComponentsRecord>().get(measurementTrackerLabel_, measurementTrackerHandle);
es.get<TrackerTopologyRcd>().get(trackerTopology);
measurementTracker_ = &(*measurementTrackerHandle);
if (multiHitGenerator_) {
multiHitGenerator_->initES(es);
}
//for CA triplet iterations
if (CAHitTriplGenerator_) {
seedingLayer = seedingLayers_->makeSeedingLayerSetsHitsforFastSim(ev, es);
seedingLayerIds = seedingLayers_->layers();
CAHitTriplGenerator_->initEvent(ev, es);
}
//for CA quadruplet iterations
if (CAHitQuadGenerator_) {
seedingLayer = seedingLayers_->makeSeedingLayerSetsHitsforFastSim(ev, es);
seedingLayerIds = seedingLayers_->layers();
CAHitQuadGenerator_->initEvent(ev, es);
}
}
bool SeedFinderSelector::pass(const std::vector<const FastTrackerRecHit *> &hits) const {
if (!measurementTracker_ || !eventSetup_) {
throw cms::Exception("FastSimTracking") << "ERROR: event not initialized";
}
if (!trackingRegion_) {
throw cms::Exception("FastSimTracking") << "ERROR: trackingRegion not set";
}
// check the inner 2 hits
if (hits.size() < 2) {
throw cms::Exception("FastSimTracking") << "SeedFinderSelector::pass requires at least 2 hits";
}
const DetLayer *firstLayer =
measurementTracker_->geometricSearchTracker()->detLayer(hits[0]->det()->geographicalId());
const DetLayer *secondLayer =
measurementTracker_->geometricSearchTracker()->detLayer(hits[1]->det()->geographicalId());
std::vector<BaseTrackerRecHit const *> firstHits{hits[0]};
std::vector<BaseTrackerRecHit const *> secondHits{hits[1]};
const RecHitsSortedInPhi fhm(firstHits, trackingRegion_->origin(), firstLayer);
const RecHitsSortedInPhi shm(secondHits, trackingRegion_->origin(), secondLayer);
HitDoublets result(fhm, shm);
HitPairGeneratorFromLayerPair::doublets(
*trackingRegion_, *firstLayer, *secondLayer, fhm, shm, *eventSetup_, 0, result);
if (result.empty()) {
return false;
}
// check the inner 3 hits
if (pixelTripletGenerator_ || multiHitGenerator_ || CAHitTriplGenerator_) {
if (hits.size() < 3) {
throw cms::Exception("FastSimTracking")
<< "For the given configuration, SeedFinderSelector::pass requires at least 3 hits";
}
const DetLayer *thirdLayer =
measurementTracker_->geometricSearchTracker()->detLayer(hits[2]->det()->geographicalId());
std::vector<const DetLayer *> thirdLayerDetLayer(1, thirdLayer);
std::vector<BaseTrackerRecHit const *> thirdHits{hits[2]};
const RecHitsSortedInPhi thm(thirdHits, trackingRegion_->origin(), thirdLayer);
const RecHitsSortedInPhi *thmp = &thm;
if (pixelTripletGenerator_) {
OrderedHitTriplets tripletresult;
pixelTripletGenerator_->hitTriplets(
*trackingRegion_, tripletresult, *eventSetup_, result, &thmp, thirdLayerDetLayer, 1);
return !tripletresult.empty();
} else if (multiHitGenerator_) {
OrderedMultiHits tripletresult;
multiHitGenerator_->hitTriplets(
*trackingRegion_, tripletresult, *eventSetup_, result, &thmp, thirdLayerDetLayer, 1);
return !tripletresult.empty();
}
//new for Phase1
else if (CAHitTriplGenerator_) {
if (!seedingLayer)
throw cms::Exception("FastSimTracking") << "ERROR: SeedingLayers pointer not set for CATripletGenerator";
SeedingLayerSetsHits &layers = *seedingLayer;
//constructing IntermediateHitDoublets to be passed onto CAHitTripletGenerator::hitNtuplets()
IntermediateHitDoublets ihd(&layers);
const TrackingRegion &tr_ = *trackingRegion_;
auto filler = ihd.beginRegion(&tr_);
//forming the SeedingLayerId of the hits
std::array<SeedingLayerSetsBuilder::SeedingLayerId, 3> hitPair;
hitPair[0] = Layer_tuple(hits[0]);
hitPair[1] = Layer_tuple(hits[1]);
hitPair[2] = Layer_tuple(hits[2]);
//extracting the DetLayer of the hits
const DetLayer *fLayer =
measurementTracker_->geometricSearchTracker()->detLayer(hits[0]->det()->geographicalId());
const DetLayer *sLayer =
measurementTracker_->geometricSearchTracker()->detLayer(hits[1]->det()->geographicalId());
const DetLayer *tLayer =
measurementTracker_->geometricSearchTracker()->detLayer(hits[2]->det()->geographicalId());
//converting FastTrackerRecHit hits to BaseTrackerRecHit
std::vector<BaseTrackerRecHit const *> fHits{hits[0]};
std::vector<BaseTrackerRecHit const *> sHits{hits[1]};
std::vector<BaseTrackerRecHit const *> tHits{hits[2]};
//forming the SeedingLayerSet for the hit doublets
SeedingLayerSetsHits::SeedingLayerSet pairCandidate1, pairCandidate2;
for (SeedingLayerSetsHits::SeedingLayerSet ls : *seedingLayer) {
SeedingLayerSetsHits::SeedingLayerSet pairCandidate;
for (const auto p : layerPairs_) {
pairCandidate = ls.slice(p, p + 2);
if (p == 0 && hitPair[0] == seedingLayerIds[pairCandidate[0].index()] &&
hitPair[1] == seedingLayerIds[pairCandidate[1].index()])
pairCandidate1 = pairCandidate;
if (p == 1 && hitPair[1] == seedingLayerIds[pairCandidate[0].index()] &&
hitPair[2] == seedingLayerIds[pairCandidate[1].index()])
pairCandidate2 = pairCandidate;
}
}
//Important: hits of the layer to be added to LayerHitMapCache
auto &layerCache = filler.layerHitMapCache();
//doublets for CA triplets from the allowed layer pair combinations:(0,1),(1,2) and storing in filler
const RecHitsSortedInPhi &firsthm = *layerCache.add(
pairCandidate1[0], std::make_unique<RecHitsSortedInPhi>(fHits, trackingRegion_->origin(), fLayer));
const RecHitsSortedInPhi &secondhm = *layerCache.add(
pairCandidate1[1], std::make_unique<RecHitsSortedInPhi>(sHits, trackingRegion_->origin(), sLayer));
HitDoublets res1(firsthm, secondhm);
HitPairGeneratorFromLayerPair::doublets(
*trackingRegion_, *fLayer, *sLayer, firsthm, secondhm, *eventSetup_, 0, res1);
filler.addDoublets(pairCandidate1, std::move(res1));
const RecHitsSortedInPhi &thirdhm = *layerCache.add(
pairCandidate2[1], std::make_unique<RecHitsSortedInPhi>(tHits, trackingRegion_->origin(), tLayer));
HitDoublets res2(secondhm, thirdhm);
HitPairGeneratorFromLayerPair::doublets(
*trackingRegion_, *sLayer, *tLayer, secondhm, thirdhm, *eventSetup_, 0, res2);
filler.addDoublets(pairCandidate2, std::move(res2));
std::vector<OrderedHitSeeds> tripletresult;
tripletresult.resize(ihd.regionSize());
for (auto &ntuplet : tripletresult)
ntuplet.reserve(3);
//calling the function from the class, modifies tripletresult
CAHitTriplGenerator_->hitNtuplets(ihd, tripletresult, *eventSetup_, *seedingLayer);
return !tripletresult[0].empty();
}
}
//new for Phase1
if (CAHitQuadGenerator_) {
if (hits.size() < 4) {
throw cms::Exception("FastSimTracking")
<< "For the given configuration, SeedFinderSelector::pass requires at least 4 hits";
}
if (!seedingLayer)
throw cms::Exception("FastSimTracking") << "ERROR: SeedingLayers pointer not set for CAHitQuadrupletGenerator";
SeedingLayerSetsHits &layers = *seedingLayer;
//constructing IntermediateHitDoublets to be passed onto CAHitQuadrupletGenerator::hitNtuplets()
IntermediateHitDoublets ihd(&layers);
const TrackingRegion &tr_ = *trackingRegion_;
auto filler = ihd.beginRegion(&tr_);
//forming the SeedingLayerId of the hits
std::array<SeedingLayerSetsBuilder::SeedingLayerId, 4> hitPair;
hitPair[0] = Layer_tuple(hits[0]);
hitPair[1] = Layer_tuple(hits[1]);
hitPair[2] = Layer_tuple(hits[2]);
hitPair[3] = Layer_tuple(hits[3]);
//extracting the DetLayer of the hits
const DetLayer *fLayer = measurementTracker_->geometricSearchTracker()->detLayer(hits[0]->det()->geographicalId());
const DetLayer *sLayer = measurementTracker_->geometricSearchTracker()->detLayer(hits[1]->det()->geographicalId());
const DetLayer *tLayer = measurementTracker_->geometricSearchTracker()->detLayer(hits[2]->det()->geographicalId());
const DetLayer *frLayer = measurementTracker_->geometricSearchTracker()->detLayer(hits[3]->det()->geographicalId());
//converting FastTrackerRecHit hits to BaseTrackerRecHit
std::vector<BaseTrackerRecHit const *> fHits{hits[0]};
std::vector<BaseTrackerRecHit const *> sHits{hits[1]};
std::vector<BaseTrackerRecHit const *> tHits{hits[2]};
std::vector<BaseTrackerRecHit const *> frHits{hits[3]};
//forming the SeedingLayerSet for the hit doublets
SeedingLayerSetsHits::SeedingLayerSet pairCandidate1, pairCandidate2, pairCandidate3;
for (SeedingLayerSetsHits::SeedingLayerSet ls : *seedingLayer) {
SeedingLayerSetsHits::SeedingLayerSet pairCandidate;
for (const auto p : layerPairs_) {
pairCandidate = ls.slice(p, p + 2);
if (p == 0 && hitPair[0] == seedingLayerIds[pairCandidate[0].index()] &&
hitPair[1] == seedingLayerIds[pairCandidate[1].index()])
pairCandidate1 = pairCandidate;
if (p == 1 && hitPair[1] == seedingLayerIds[pairCandidate[0].index()] &&
hitPair[2] == seedingLayerIds[pairCandidate[1].index()])
pairCandidate2 = pairCandidate;
if (p == 2 && hitPair[2] == seedingLayerIds[pairCandidate[0].index()] &&
hitPair[3] == seedingLayerIds[pairCandidate[1].index()])
pairCandidate3 = pairCandidate;
}
}
//Important: hits of the layer to be added to LayerHitMapCache
auto &layerCache = filler.layerHitMapCache();
//doublets for CA quadruplets from the allowed layer pair combinations:(0,1),(1,2),(2,3) and storing in filler
const RecHitsSortedInPhi &firsthm = *layerCache.add(
pairCandidate1[0], std::make_unique<RecHitsSortedInPhi>(fHits, trackingRegion_->origin(), fLayer));
const RecHitsSortedInPhi &secondhm = *layerCache.add(
pairCandidate1[1], std::make_unique<RecHitsSortedInPhi>(sHits, trackingRegion_->origin(), sLayer));
HitDoublets res1(firsthm, secondhm);
HitPairGeneratorFromLayerPair::doublets(
*trackingRegion_, *fLayer, *sLayer, firsthm, secondhm, *eventSetup_, 0, res1);
filler.addDoublets(pairCandidate1, std::move(res1));
const RecHitsSortedInPhi &thirdhm = *layerCache.add(
pairCandidate2[1], std::make_unique<RecHitsSortedInPhi>(tHits, trackingRegion_->origin(), tLayer));
HitDoublets res2(secondhm, thirdhm);
HitPairGeneratorFromLayerPair::doublets(
*trackingRegion_, *sLayer, *tLayer, secondhm, thirdhm, *eventSetup_, 0, res2);
filler.addDoublets(pairCandidate2, std::move(res2));
const RecHitsSortedInPhi &fourthhm = *layerCache.add(
pairCandidate3[1], std::make_unique<RecHitsSortedInPhi>(frHits, trackingRegion_->origin(), frLayer));
HitDoublets res3(thirdhm, fourthhm);
HitPairGeneratorFromLayerPair::doublets(
*trackingRegion_, *tLayer, *frLayer, thirdhm, fourthhm, *eventSetup_, 0, res3);
filler.addDoublets(pairCandidate3, std::move(res3));
std::vector<OrderedHitSeeds> quadrupletresult;
quadrupletresult.resize(ihd.regionSize());
for (auto &ntuplet : quadrupletresult)
ntuplet.reserve(4);
//calling the function from the class, modifies quadrupletresult
CAHitQuadGenerator_->hitNtuplets(ihd, quadrupletresult, *eventSetup_, *seedingLayer);
return !quadrupletresult[0].empty();
}
return true;
}
//new for Phase1
SeedingLayerSetsBuilder::SeedingLayerId SeedFinderSelector::Layer_tuple(const FastTrackerRecHit *hit) const {
const TrackerTopology *const tTopo = trackerTopology.product();
GeomDetEnumerators::SubDetector subdet = GeomDetEnumerators::invalidDet;
TrackerDetSide side = TrackerDetSide::Barrel;
int idLayer = 0;
if ((hit->det()->geographicalId()).subdetId() == PixelSubdetector::PixelBarrel) {
subdet = GeomDetEnumerators::PixelBarrel;
side = TrackerDetSide::Barrel;
idLayer = tTopo->pxbLayer(hit->det()->geographicalId());
} else if ((hit->det()->geographicalId()).subdetId() == PixelSubdetector::PixelEndcap) {
subdet = GeomDetEnumerators::PixelEndcap;
idLayer = tTopo->pxfDisk(hit->det()->geographicalId());
if (tTopo->pxfSide(hit->det()->geographicalId()) == 1) {
side = TrackerDetSide::NegEndcap;
} else {
side = TrackerDetSide::PosEndcap;
}
}
return std::make_tuple(subdet, side, idLayer);
}
|
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}
| 0 |
// This file is part of Eigen, a lightweight C++ template library
// for linear algebra.
//
// Copyright (C) 2009 Gael Guennebaud <gael.guennebaud@inria.fr>
//
// This Source Code Form is subject to the terms of the Mozilla
// Public License v. 2.0. If a copy of the MPL was not distributed
// with this file, You can obtain one at http://mozilla.org/MPL/2.0/.
#ifndef EIGEN_ARRAYBASE_H
#define EIGEN_ARRAYBASE_H
namespace Eigen {
template<typename ExpressionType> class MatrixWrapper;
/** \class ArrayBase
* \ingroup Core_Module
*
* \brief Base class for all 1D and 2D array, and related expressions
*
* An array is similar to a dense vector or matrix. While matrices are mathematical
* objects with well defined linear algebra operators, an array is just a collection
* of scalar values arranged in a one or two dimensionnal fashion. As the main consequence,
* all operations applied to an array are performed coefficient wise. Furthermore,
* arrays support scalar math functions of the c++ standard library (e.g., std::sin(x)), and convenient
* constructors allowing to easily write generic code working for both scalar values
* and arrays.
*
* This class is the base that is inherited by all array expression types.
*
* \tparam Derived is the derived type, e.g., an array or an expression type.
*
* This class can be extended with the help of the plugin mechanism described on the page
* \ref TopicCustomizingEigen by defining the preprocessor symbol \c EIGEN_ARRAYBASE_PLUGIN.
*
* \sa class MatrixBase, \ref TopicClassHierarchy
*/
template<typename Derived> class ArrayBase
: public DenseBase<Derived>
{
public:
#ifndef EIGEN_PARSED_BY_DOXYGEN
/** The base class for a given storage type. */
typedef ArrayBase StorageBaseType;
typedef ArrayBase Eigen_BaseClassForSpecializationOfGlobalMathFuncImpl;
typedef typename internal::traits<Derived>::StorageKind StorageKind;
typedef typename internal::traits<Derived>::Index Index;
typedef typename internal::traits<Derived>::Scalar Scalar;
typedef typename internal::packet_traits<Scalar>::type PacketScalar;
typedef typename NumTraits<Scalar>::Real RealScalar;
typedef DenseBase<Derived> Base;
using Base::operator*;
using Base::RowsAtCompileTime;
using Base::ColsAtCompileTime;
using Base::SizeAtCompileTime;
using Base::MaxRowsAtCompileTime;
using Base::MaxColsAtCompileTime;
using Base::MaxSizeAtCompileTime;
using Base::IsVectorAtCompileTime;
using Base::Flags;
using Base::CoeffReadCost;
using Base::derived;
using Base::const_cast_derived;
using Base::rows;
using Base::cols;
using Base::size;
using Base::coeff;
using Base::coeffRef;
using Base::lazyAssign;
using Base::operator=;
using Base::operator+=;
using Base::operator-=;
using Base::operator*=;
using Base::operator/=;
typedef typename Base::CoeffReturnType CoeffReturnType;
#endif // not EIGEN_PARSED_BY_DOXYGEN
#ifndef EIGEN_PARSED_BY_DOXYGEN
/** \internal the plain matrix type corresponding to this expression. Note that is not necessarily
* exactly the return type of eval(): in the case of plain matrices, the return type of eval() is a const
* reference to a matrix, not a matrix! It is however guaranteed that the return type of eval() is either
* PlainObject or const PlainObject&.
*/
typedef Array<typename internal::traits<Derived>::Scalar,
internal::traits<Derived>::RowsAtCompileTime,
internal::traits<Derived>::ColsAtCompileTime,
AutoAlign | (internal::traits<Derived>::Flags&RowMajorBit ? RowMajor : ColMajor),
internal::traits<Derived>::MaxRowsAtCompileTime,
internal::traits<Derived>::MaxColsAtCompileTime
> PlainObject;
/** \internal Represents a matrix with all coefficients equal to one another*/
typedef CwiseNullaryOp<internal::scalar_constant_op<Scalar>,Derived> ConstantReturnType;
#endif // not EIGEN_PARSED_BY_DOXYGEN
#define EIGEN_CURRENT_STORAGE_BASE_CLASS Eigen::ArrayBase
# include "../plugins/CommonCwiseUnaryOps.h"
# include "../plugins/MatrixCwiseUnaryOps.h"
# include "../plugins/ArrayCwiseUnaryOps.h"
# include "../plugins/CommonCwiseBinaryOps.h"
# include "../plugins/MatrixCwiseBinaryOps.h"
# include "../plugins/ArrayCwiseBinaryOps.h"
# ifdef EIGEN_ARRAYBASE_PLUGIN
# include EIGEN_ARRAYBASE_PLUGIN
# endif
#undef EIGEN_CURRENT_STORAGE_BASE_CLASS
/** Special case of the template operator=, in order to prevent the compiler
* from generating a default operator= (issue hit with g++ 4.1)
*/
Derived& operator=(const ArrayBase& other)
{
return internal::assign_selector<Derived,Derived>::run(derived(), other.derived());
}
Derived& operator+=(const Scalar& scalar)
{ return *this = derived() + scalar; }
Derived& operator-=(const Scalar& scalar)
{ return *this = derived() - scalar; }
template<typename OtherDerived>
Derived& operator+=(const ArrayBase<OtherDerived>& other);
template<typename OtherDerived>
Derived& operator-=(const ArrayBase<OtherDerived>& other);
template<typename OtherDerived>
Derived& operator*=(const ArrayBase<OtherDerived>& other);
template<typename OtherDerived>
Derived& operator/=(const ArrayBase<OtherDerived>& other);
public:
ArrayBase<Derived>& array() { return *this; }
const ArrayBase<Derived>& array() const { return *this; }
/** \returns an \link Eigen::MatrixBase Matrix \endlink expression of this array
* \sa MatrixBase::array() */
MatrixWrapper<Derived> matrix() { return derived(); }
const MatrixWrapper<const Derived> matrix() const { return derived(); }
// template<typename Dest>
// inline void evalTo(Dest& dst) const { dst = matrix(); }
protected:
ArrayBase() : Base() {}
private:
explicit ArrayBase(Index);
ArrayBase(Index,Index);
template<typename OtherDerived> explicit ArrayBase(const ArrayBase<OtherDerived>&);
protected:
// mixing arrays and matrices is not legal
template<typename OtherDerived> Derived& operator+=(const MatrixBase<OtherDerived>& )
{EIGEN_STATIC_ASSERT(std::ptrdiff_t(sizeof(typename OtherDerived::Scalar))==-1,YOU_CANNOT_MIX_ARRAYS_AND_MATRICES); return *this;}
// mixing arrays and matrices is not legal
template<typename OtherDerived> Derived& operator-=(const MatrixBase<OtherDerived>& )
{EIGEN_STATIC_ASSERT(std::ptrdiff_t(sizeof(typename OtherDerived::Scalar))==-1,YOU_CANNOT_MIX_ARRAYS_AND_MATRICES); return *this;}
};
/** replaces \c *this by \c *this - \a other.
*
* \returns a reference to \c *this
*/
template<typename Derived>
template<typename OtherDerived>
EIGEN_STRONG_INLINE Derived &
ArrayBase<Derived>::operator-=(const ArrayBase<OtherDerived> &other)
{
SelfCwiseBinaryOp<internal::scalar_difference_op<Scalar>, Derived, OtherDerived> tmp(derived());
tmp = other.derived();
return derived();
}
/** replaces \c *this by \c *this + \a other.
*
* \returns a reference to \c *this
*/
template<typename Derived>
template<typename OtherDerived>
EIGEN_STRONG_INLINE Derived &
ArrayBase<Derived>::operator+=(const ArrayBase<OtherDerived>& other)
{
SelfCwiseBinaryOp<internal::scalar_sum_op<Scalar>, Derived, OtherDerived> tmp(derived());
tmp = other.derived();
return derived();
}
/** replaces \c *this by \c *this * \a other coefficient wise.
*
* \returns a reference to \c *this
*/
template<typename Derived>
template<typename OtherDerived>
EIGEN_STRONG_INLINE Derived &
ArrayBase<Derived>::operator*=(const ArrayBase<OtherDerived>& other)
{
SelfCwiseBinaryOp<internal::scalar_product_op<Scalar>, Derived, OtherDerived> tmp(derived());
tmp = other.derived();
return derived();
}
/** replaces \c *this by \c *this / \a other coefficient wise.
*
* \returns a reference to \c *this
*/
template<typename Derived>
template<typename OtherDerived>
EIGEN_STRONG_INLINE Derived &
ArrayBase<Derived>::operator/=(const ArrayBase<OtherDerived>& other)
{
SelfCwiseBinaryOp<internal::scalar_quotient_op<Scalar>, Derived, OtherDerived> tmp(derived());
tmp = other.derived();
return derived();
}
} // end namespace Eigen
#endif // EIGEN_ARRAYBASE_H
|
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"pile_set_name": "Github"
}
| 0 |
07:07
Gay Hairy Couple Have Anal Sex and Get Ass Creampie 0% 866
|
{
"pile_set_name": "OpenWebText2"
}
| 0.061538 |
per-directory-history plugin
----------------------------
This plugin adds per-directory history for zsh, as well as a global history,
and the ability to toggle between them with a keyboard shortcut. This is a
bundle of the [official plugin by @jimhester][5].
To use it, add `per-directory-history` to the plugins array in your zshrc file:
```zsh
plugins=(... per-directory-history)
```
This is an implementation of per-directory history for zsh, some implementations
of which exist in bash[1][],[2][]. It also implements a toggle-history function
to change from using the directory history to using the global history. In both
cases the history is always saved to both the global history and the directory
history, so the toggle state will not effect the saved histories. Being able to
switch between global and directory histories on the fly is a novel feature.
## Usage
The default mode is per directory history, interact with your history as normal.
Press ^G (the <kbd>Control</kbd> and <kbd>G</kbd> keys simultaneously) to toggle
between local and global histories. If you would prefer a different shortcut to
toggle set the `PER_DIRECTORY_HISTORY_TOGGLE` environment variable.
## Configuration
* `HISTORY_BASE` is a global variable that defines the base directory in which the
directory histories are stored (default `$HOME/.directory_history`).
* `per-directory-history-toggle-history` is the function to toggle between local
and global histories.
* `PER_DIRECTORY_HISTORY_TOGGLE` is the key binding used to run the toggle-history
function above (default `^G`)
## History
The idea/inspiration for a per directory history is from [Stewart MacArthur][1]
and [Dieter][2], the implementation idea is from [Bart Schaefer][3]. The
implementation is by [Jim Hester][4] in September 2012.
[1]: http://www.compbiome.com/2010/07/bash-per-directory-bash-history.html
[2]: http://dieter.plaetinck.be/per_directory_bash
[3]: https://www.zsh.org/mla/users/1997/msg00226.html
[4]: https://jimhester.com
[5]: https://github.com/jimhester/per-directory-history
|
{
"pile_set_name": "Github"
}
| 0 |
Overwatch lead designer Jeff Kaplan says Blizzard is testing the change to see how it affects role queue wait times. Typically, if you play a damage-dealing character like Genji or Tracer, you can wait up to 10 minutes or more in some situations to get into a single match. The hope is the tweak won't break Overwatch's delicate gameplay balance while speeding up queue times for dedicated DPS players.
As part of the experiment, Blizzard is also rebalancing heroes such as D.Va, Roadhog and Zarya so that they can better swing it as lone tanks. The hero balance tweaks will only make their way into the standard game if Blizzard decides to implement the 3/2/1 system into standard play.
"The experimental card is really focused on radical gameplay changes or things that we want to try out and get your direct player feedback on," said Kaplan. "We are unsure of these." To that effect, some of the tweaks Blizzard ends up testing through the system could be abandoned completely.
Since announcing Overwatch 2, Blizzard has taken a more community-focused approach to its work on Overwatch and has shown a greater willingness to try things out even if they don't stick. We saw that earlier this year when the studio announced the new Hero Pools system it plans to trial in March.
|
{
"pile_set_name": "OpenWebText2"
}
| 0 |
Sexy
|
{
"pile_set_name": "Github"
}
| 0.2 |
Sarah Palin emails: An uneventful final batch released
The state of Alaska released the last emails in the most recent Sarah Palin message dump Wednesday, concluding one of media history's most anti-climatic moments.
About 30 days of emails, 54 pages in all, had not been included with the rest of the roughly 24,000 pages that spanned Palin's time as governor until September 2008.
Much like the rest of the earlier email dump, there was barely any there, there. Perhaps this is because the emails were heavily redacted. (There's one black page that is appears to be a letter to Alaskans, signed by Sarah Palin). Or perhaps it's because Palin was, in the beginning at least, what she always claimed to be: a small town mayor from Wasilla who often talked about the need for transparency in government and regularly reached out to engage members of the media in the discussion.
It also could be that much of her most interesting correspondence took place far away from official state email addresses.
In any case, the tendency to withdraw and rely on a few select confidants was apparent in one surprisingly un-redacted email, where she was obviously upset with John Bitney, her new legislative liaison and former Wasilla High School classmate. In an email to Bruce Anders, who worked for the Department of Natural Resources and was on her gas line team, she took Bitney to task for talking about candidates for attorney general. In response to a long, redacted email from him, Palin wrote on December 12, 2006:
"I'm very disappointed that Bitney continues to speak of candidates when I'm not ready for those candidates' names to be discussed yet. I am finding my circle of confidants to be shrinking daily."
The email was sent only a week after her inauguration. Palin would fire Bitney about seven months later, after he began dating the soon to be ex-wife of Todd Palin's good friend.
In another email on that same day, she wrote about what she would like to see for her attorney general.
"All I have been looking for is a good legal mind, someone totally committed to ethical government, a less political, unpretentious long-time Alaskan who is free from the influence of any of the 'more of the same' circles running in Juneau."
The next day it was announced that Palin tapped Talis Colberg, a Matanuska-Susitna Borough Assembly member -- a near completely unknown name in Alaska's political circles. He had no obvious experience in oil and gas cases or criminal law.
On Feb. 9, 2009, about three months back in Alaska after Palin's run for vice president, Colberg submitted his resignation letter. Colberg had been grilled in public and sharply criticized by state legislators for trying to kill subpoenas ordering Palin aides to testify in Troopergate, the inquiry over the firing of Walt Monegan as public safety commissioner.
|
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"pile_set_name": "Pile-CC"
}
| 0 |
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Use of a combination of an anti-inflammatory corticosteroid, an antibacterial agent and an antifungal in the local post-operative treatment of cutaneo-mucosal diseases following cryosurgery.
Forty-two patients undergoing cryosurgery for skin diseases were treated by means of the simultaneous application of three creams, the respective bases of which were beclomethasone dipropionate, sodium fusidate and ketoconazole. The treatment produced excellent results, preventing bacterial and/or mycotic superinfections and relieving the edema and erythema caused by the operation in 97.6% of cases. Local tolerance was optimal in all cases; no adverse reactions of any kind being reported.
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New genetic technologies, combined with a well-characterized genome, make the mouse the preferred mammalian model for human disease. The generation and characterization of mouse strains harboring genetically predetermined pathobiological syndromes is critical to biomedical research, and researchers at the Jackson Laboratory (TJL) are at the forefront of this endeavor. Full exploitation of mouse models rely on access to critical technologies. Over 35% of TJL's research staff rely heavily on flow cytometric techniques to carry out studies in the areas of immunology, diabetes, hemopoietic stem cell biology, gene therapy and cancer research. Flow cytometry constitutes an essential tool for quantitative multiparameter measurements of membrane and internal proteins on individual cells, for gene expression analysis and cell cycle regulation. TJL's current flow cytometry instrumentation is overburdened and it is becoming too outmoded to meet the demands of our NIH funded research projects. The basic data collection limitations make it more costly to carryout multiparameter analyses and thus limit the application of emerging flow technologies necessary to remain competitive. The Becton-Dickinson FACSCalibur Flow Cytometry System has proven its reliability in both clinical and research settings. Because of its automated sample loader, flexible and efficient sorting capability and user friendly interface, the FACSCalibur is a cost-efficient solution enabling investigators to maximize the potential of their mouse models. Funds are requested to purchase the FACSCalibur Flow Cytometry System, to be operated by the institution's Flow Cytometry Service thus providing a cost-effective way to fill an urgent and unmet need of TJL Staff.
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Q:
GitLab reference submodule in Readme.md
A gitlab project at contain submodule and both the project and submodule also contain a readme.md file. The readme.md of the top project is given
Top Readme.md
=============
[Link to folder](folder)
[Link to submodule folder](sub)
[Link to submodule Readme.md](sub/README.md)
The first link work as the brower opens at the subfolder but the other two link does not work, I get a page not found message.
How do you create links to files in a submodule as well as to the submodule as is self?
A:
Try instead to use the full https URL (https://gitlab.com/JohanVdBerg/doc-submodule) for the sub or sub/README.md file.
Your main repo only includes a reference (called gitlink) to the submodule, not the file itself.
The OP adds:
it is needed to point to the branch to which the submodule points to
Then the URLs would be:
for sub: https://gitlab.com/JohanVdBerg/doc-submodule/tree/<abranch>
for sub/README.md: https://gitlab.com/JohanVdBerg/doc-submodule/blob/<abranch>/README.md
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| 0.12731 |
Q:
Why is U2F login a two-step protocol?
In theory, logging-in with a registered token could be accomplished in a single step...
server sends challenge with the login form
user responds with username, password and signed challenge.
However the FIDO protocol adds an additional step...
user submits username/password
server sends challenge to the user
client submits signed challenge
What is the security rationale for the additional step?
A:
Short answer
Because there are several keys on the FIDO U2F device and anonymity/privacy is assured between different services.
Details
Each time a user associates (enrollment/registration step) a FIDO U2F device (USB Token/Security Key or NFC Card or BLE device soon) with his online service account, a new key pair is created for this identity with a reference id (Key Handle), public key and key handle are sent and stored on server side. Key pairs (identities) are not shared between different online services (e.g. the key pair created for a Gmail account won't be used for a Facebook account).
Once a key pair is created, when the user sends his username and password (the authentication step), server checks which key handle(s) is/are already associated with this account and key handle(s) is/are sent with server challenge to the client (browser then FIDO U2F device) in order to ask for the right private key to be used for the signature.
Side Note: One FIDO U2F device can be associated with several online services accounts. One service account can be associated with several FIDO U2F devices.
More details
Here is a quick FIDO U2F CHEAT SHEET I made to better understand registration and authentication steps because it is easy to get lost inside official FIDO U2F specification:
http://www.neowave.fr/pdfs/FIDO-U2F-CHEAT-SHEET.pdf
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Effects of Co and Mn doping in K0.8Fe2-ySe2 revisited.
Accumulated evidence indicates that phase separation occurs in potassium intercalated iron selenides, a superconducting phase coexisting with the antiferromagnetic phase K2Fe4Se5, the so-called '245 phase'. Here, we report a comparative study of substitution effects by Co and Mn for Fe sites in K0.8Fe2-ySe2 within the phase separation scenario. Our results demonstrate that Co and Mn dopants have distinct differences in occupancy and hence in the suppression mechanism of superconductivity upon doping of Fe sites. In K0.8Fe2-xCoxSe2, Co prefers to occupy the lattice of the superconducting phase and suppresses superconductivity very quickly, obeying the magnetic pair-breaking mechanism or the collapse of the Fermi surface nesting mechanism. In contrast, in K0.8Fe1.7-xMnxSe2, Mn shows no preferential occupancy in the superconducting phase or the 245 phase. The suppression of superconductivity can be attributed to restraining of the superconducting phase and meanwhile inducing another non-superconducting phase by Mn doping.
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Q:
List of questions with votes to close?
There are a number of old buried questions which I have voted to close as duplicates, too localized, etc... Most of them, I'm the only vote so far. I imagine that there are many other open questions that should be closed that are hanging around with one or two close votes. How can I find them in order to kill them? Is there a list of questions with votes to close?
A:
We also now have: https://askubuntu.com/review-beta/close
A:
There is a list here but I think it's part of the 10k rep tools.
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City Park Community Yard sale coming
The Gallipolis City Park Community Yard Sale will be held Aug. 18 in rain or shine.
File photo
GALLIPOLIS — The City of Gallipolis will hold its second annual Community Yard Sale, Saturday, Aug. 18 in the Gallipolis City Park from 8:30 a.m. until 3 p.m. There will be no rain date, so the sales will take place rain or shine. Individuals will be allowed 16 foot by 30 foot sections around the perimeter of the Gallipolis City Park.
A non-refundable permit fee of $10 for each section will be charged for this event. You must pre-register at the City Manager’s Office at the Gallipolis City Building, 333 Third Avenue and pick your location. Application will be taken starting on Aug. 1. Hours are 7:45 a.m. – 3:45 p.m.
Set up will be on day of sale only. All items are to be removed from the park after the sale. All trash to be put in proper containers. No vehicles allowed in the park during the sale permits are to be displayed during the sale. No weapons of any type may be sold. Vendors to supply their own tables and chairs. No blocking sidewalks or crosswalks. No monuments or trees used for display purposes.
For more information call the Gallipolis City Building at 446-1789 ext. 522 or visit the city’s website at cityofgallipolis.com.
The Gallipolis City Park Community Yard Sale will be held Aug. 18 in rain or shine.
https://www.mydailytribune.com/wp-content/uploads/sites/42/2018/08/web1_DSCN1126.jpgThe Gallipolis City Park Community Yard Sale will be held Aug. 18 in rain or shine. File photo
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Q:
GitLab post-receive hook not firing
Apologies if this isn't the right stackexchange.
I have a GitLab install. It was installed over the top of a gitolite install that was only a few days old, and I assume this non-standard setup is at the root of my problem, but I cannot pin it down.
The problem is straightforward: post-receive hooks are not fired. This prevents 'project activity' appearing in GitLab. The problem looks like:
$ git push
#...
error: cannot run hooks/post-receive: No such file or directory
Hook Exists
The post-receive hook/symlink exists and is executable:
-rwxr-xr-x 1 git git 470 Oct 3 2012 .gitolite/hooks/common/post-receive
lrwxrwxrwx 1 git git 45 Oct 3 2012 repositories/project.git/hooks/post-receive -> /home/git/.gitolite/hooks/common/post-receive
It's Executable By GitLab
The gitlab user can execute the script (I have removed the /dev/null redirect and fed in blank input to get an 'OK' as output):
sudo su - gitlab -c /home/git/.gitolite/hooks/common/post-receive
OK
GitLab Can Find It
GitLab is looking for hooks in the correct location:
$ grep hooks /srv/gitlab/gitlab/config/gitlab.yml
hooks_path: /home/git/.gitolite/hooks/
and
$ bundle exec rake gitlab:app:status RAILS_ENV=production
# ...
/home/git/.gitolite/hooks/common/post-receive exists? ............YES
GitLab Runs As Correct User
The GitLab software is being run by the gitlab user:
$ ps U gitlab
PID TTY STAT TIME COMMAND
3650 ? Sl 0:59 unicorn_rails master -c /srv/gitlab/gitlab/config/unicorn.rb -E production -D
3671 ? Sl 0:43 unicorn_rails worker[0] -c /srv/gitlab/gitlab/config/unicorn.rb -E production -D
3674 ? Sl 0:42 unicorn_rails worker[1] -c /srv/gitlab/gitlab/config/unicorn.rb -E production -D
# ...
Environment
The env -i line in the hook is commonly cited as an issue. I think that would occur after this problem, but for completeness, redis-cli is found OK:
$ env -i redis-cli
redis>
I've run out of debugging ideas on this one. Does anybody have any suggestions?
A:
OK, figured this one out. It's remotely possible this situation will apply to other people, so I've documented it.
Our infrastructure has all external SSH connections landing on a particular machine1. This isn't the machine running gitlab. This wasn't obvious because gitolite+gitlab works despite this. Our homedirs are NFS mounts and both the SSH machine and the gitlab machine see the gitolite files as 'local'. The one problem with this 'distributed' gitolite+gitlab is that the post-receive hook tries to call redis-cli, a binary which doesn't exist on the machine running the hook.
To solve the problem, I installed the redis-server package on the machine accepting SSH connections (unfortunately the redis-cli binary doesn't appear to be available separately). I then modified the redis line in /home/git/.gitolite/hooks/common/post-receive to the following:
redis-cli -h hostname rpush "resque:queue:post_receive" "{\"class\":\"PostReceive\",\"args\":[\"$reponame\",\"$oldrev\",\"$newrev\",\"$ref\",\"$GL_USER\"]}" > /dev/null 2>&1
The -h hostname switch is the only addition. This causes the redis rpush command to be sent to redis on the correct machine.
The missing binary error didn't surface due to the > /dev/null 2>&1 redirect in the hook script. Although I did remove it during debugging, I must have restored it before I attempted to trigger the hook via a git push, which otherwise would have echoed the error.
My assumption about my slightly nonstandard gitlab installation turned out to be incorrect. This problem would have occured regardless; it's due to a networking quirk. Anyhow, I hope this will be of use to somebody.
In the case of git, we use external URLs even within the local network so that project URLs are consistent regardless of network environment.
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"pile_set_name": "StackExchange"
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| 0 |
First hardcore anal
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{
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{
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{
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{
"pile_set_name": "OpenWebText2"
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| 0.058824 |
Stroke incidence, case fatality, and mortality in the WHO MONICA project. World Health Organization Monitoring Trends and Determinants in Cardiovascular Disease.
This report compares stroke incidence, case fatality, and mortality rates during the first years of the WHO MONICA Project in 16 European and 2 Asian populations. In the stroke component of the WHO MONICA Project, stroke registers were established with uniform and standardized rules for case ascertainment and validation of events. A total of 13,597 stroke events were registered from 1985 through 1987 in a total background population of 2.9 million people aged 35 to 64 years. Age-standardized stroke incidence rates per 100,000 varied from 101 to 285 in men and from 47 to 198 in women. The combined stroke attack rates for first and recurrent events were approximately 20% higher than incidence rates in most populations and varied to the same extent. Stroke incidence rates were very high among the population of Finnish men tested. The incidence of stroke was, in general, higher among populations in eastern than in western Europe. It was also relatively high in the Chinese population studied, particularly among women. The case-fatality rates at 28 days varied from 15% to 49% among men and from 18% to 57% among women. In half of the populations studied, there were only minor differences between official stroke mortality rates and rates measured on the basis of fatal events registered and validated for the WHO MONICA stroke study. The WHO MONICA Project provides a unique opportunity to perform cross-sectional and longitudinal comparisons of stroke epidemiology in many populations. The present data show how large differences in stroke incidence and case-fatality rates contribute to the more than threefold differences in stroke mortality rates among populations.
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| 0 |
Q:
How to find the name of the parent program that started us?
We want a program of ours in D7 to know if it was run via a ShellExecute command from one of our apps, or directly started by the user.
Is there a reliable way for a Delphi 7 program to determine the name of the program that ran it?
We of course could have our parent program use a command line argument or other flag, but we'd prefer the above approach.
TIA
A:
There's no way to do what you want, I'm afraid. The application isn't told whether it's being run pro grammatically via ShellExecute (or CreateProcess), via a command line, a shortcut, or a double-click in Explorer.
Raymond Chen did an article a while back on this very topic, if I remember correctly; I'll see if I can find it and update my answer here.
A:
Based on another answer and some code on Torry.net, I came to this function to get the parent process id. It seems to return a relevant number on Windows 7, and the windows functions it uses should be available at least since Win 2000.
uses Tlhelp32;
function GetProcessInfo(ProcessId: Cardinal; out ParentProcessId: Cardinal; out ExeFileName: string): Boolean;
var
hSnapShot: THandle;
ProcInfo: TProcessEntry32;
begin
hSnapShot := CreateToolHelp32Snapshot(TH32CS_SNAPPROCESS, 0);
if (hSnapShot <> THandle(-1)) then
try
ProcInfo.dwSize := SizeOf(ProcInfo);
if (Process32First(hSnapshot, ProcInfo)) then
repeat
if ProcInfo.th32ProcessID = ProcessId then
begin
ExeFileName := string(ProcInfo.szExeFile);
ParentProcessId := ProcInfo.th32ParentProcessID;
Result := True;
Exit;
end;
until not Process32Next(hSnapShot, ProcInfo);
finally
CloseHandle(hSnapShot);
end;
Result := False;
end;
procedure Test;
var
ProcessId, ParentProcessId, Dummy: Cardinal;
FileName: string;
begin
ProcessId := GetCurrentProcessId();
// Get info for current process
if GetProcessInfo(ProcessId, ParentProcessId, FileName) then
// Get info for parent process
if GetProcessInfo(ParentProcessId, Dummy, FileName) then
// Show it.
ShowMessage(IntToStr(ParentProcessId) + FileName);
end;
A word of caution! The parent process may no longer exist. Even worse, it's ID may have been recycled, causing this function to give you a different process than you asked for.
A:
The simple answer is "No".
A more complex answer is "Not as easily as simply passing a command line param would be".
:)
What you need to do is identify the parent process of your process. Obtaining this is possible but not straightforward. Details of how to go about it can be obtained in this CodeProject article.
The biggest problem is that there is not strict hierarchical relationship between processes in Windows and PID (Process ID's) may be re-used. The PID you identify as your "parent" may not be your parent at all. If the parent process has subsequently terminated then it's PID may be re-used which could lead to some seemingly perplexing results ("My process was started by calc.exe? How is that possible?").
Trying to find bullet, water and idiot proof mechanisms to protect against the possible ways such a process might fail will be significantly more effort than simply devising and implementing a command line based convention between your launcher applications and the launchee by which the latter may identify the former.
A command line parameter is one such option but could be "spoofed" (if someone figures out what you are passing on the command line and for some reason could derive some value or benefit from mimicking this themselves).
Depending on how reliable and tamper proof you need the mechanism to be, this could still be enough however.
|
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5 (c) 5 (d) -0.4 (e) -36
d
What is the nearest to 0.8 in 19, 1/13, 2, -0.2?
1/13
Which is the closest to -17? (a) 1/5 (b) 0.1 (c) -0.2 (d) 35
c
What is the closest to -2/13 in -5, -622, 1/4, -2?
1/4
Which is the closest to 9998? (a) 1/3 (b) -0.4 (c) -4
a
Which is the closest to -12? (a) 2 (b) 2/19 (c) 30
b
What is the nearest to 10/11 in -120, 5, -0.5?
-0.5
What is the nearest to -5/6 in 1, 1/5, 65.3?
1/5
Which is the closest to 26/11? (a) -2 (b) -0.5 (c) -1/6 (d) -1/8
d
What is the nearest to -0.9 in -11433, -5/3, -1?
-1
Which is the nearest to 2/7? (a) 2 (b) -41 (c) 182
a
What is the nearest to -3/11 in -4, 1/204, -1, -3?
1/204
What is the nearest to 2 in 10098/5, -3, 2/7?
2/7
Which is the closest to -2/5? (a) 30 (b) -0.09 (c) 141 (d) 0.03
b
What is the closest to 0.01471 in 5, 0.1, 2?
0.1
Which is the closest to 1? (a) 0 (b) 3/4 (c) 0.036 (d) -11 (e) 1
e
What is the closest to -2 in -5, -0.2, -2.2, -32, 19?
-2.2
Which is the nearest to 5? (a) 0.4 (b) 2/11 (c) 1/182 (d) 5/2
d
What is the nearest to 1599 in -0.4, 3/4, 2?
2
What is the nearest to -103/19 in 4, 0.5, -2/643?
-2/643
Which is the nearest to -1? (a) 1/3 (b) 12 (c) -71 (d) -10
a
What is the nearest to 2 in -120, 6, -2/9, 2/3?
2/3
What is the closest to 7 in -1402, 0, 2/9?
2/9
What is the closest to 2 in 5.2, -21, -4, 0.5?
0.5
What is the closest to 1 in 1/2, 10, -0.5, 1, -7?
1
Which is the closest to -11? (a) 6 (b) -120 (c) -3/5 (d) -0.4
c
What is the nearest to -40 in -0.1, -1.32, -5/3, -1/4?
-5/3
Which is the closest to 0.4? (a) 152.59 (b) -3 (c) -1
c
Which is the nearest to 0.5? (a) 10 (b) 1240 (c) 0.2 (d) -2/5 (e) 3/5
e
What is the nearest to 0.2 in 16/17, -2/3, 2, 4?
16/17
What is the nearest to 1/10 in 0.7, 41.4, -4?
0.7
What is the closest to 0.0111 in 56, -1, 0.1?
0.1
What is the closest to -2 in 0.4, -18, -5, -0.3, -5/2?
-5/2
Which is the closest to -3/5? (a) -6 (b) -0.6 (c) -5 (d) -8/3
b
What is the closest to 1/3 in 1/91, 4, 0.2, -4?
0.2
Which is the nearest to -3? (a) -0.3 (b) 2/7 (c) 22 (d) -2.84
d
What is the nearest to -95 in -0.13, 1, 2, 4?
-0.13
Which is the closest to 0? (a) -2/61 (b) 5 (c) 1 (d) 0.4 (e) -5/4
a
Which is the closest to -3/58? (a) 2/9 (b) 1/2 (c) -1/3 (d) 18 (e) 1/4
a
What is the closest to -4/7 in 0.37, 11/2, -5?
0.37
Which is the closest to -63? (a) -1/12 (b) -0.43 (c) 0.2 (d) -0.5 (e) -0.2
d
Which is the nearest to 1? (a) 3/5 (b) -0.11 (c) 3 (d) 1.5
a
What is the nearest to 0 in -2/587, -4, -1/38, 0.03?
-2/587
Which is the closest to -0.5? (a) -1 (b) 6/11 (c) -35 (d) 5 (e) 3
a
Which is the closest to 10? (a) 4/7 (b) -2/51 (c) 0.4 (d) 2/23 (e) 12
e
What is the nearest to -0.2 in 0.4, 21, -2/55, -3?
-2/55
What is the closest to 2/7 in 0.65, -3724, 0.3?
0.3
What is the nearest to -2/3 in -8, 2, -0.142, -0.5?
-0.5
Which is the closest to 0? (a) -5 (b) -3 (c) 241582 (d) -4/3
d
What is the nearest to -0.39 in 0.1, 2/17, 2/7?
0.1
What is the nearest to -1 in 0.3, -3/7, -0.619, 2/21?
-0.619
What is the closest to 0 in 111, 5, -12, 0.01?
0.01
What is the closest to -2/7 in -5, -110119, -3, -2, 2/5?
2/5
Which is the nearest to 0.2? (a) -1/9 (b) -8/5 (c) -4 (d) 35 (e) -3/14
a
What is the nearest to -3 in -0.12, 0, -1, 3.5?
-1
Which is the nearest to -116? (a) 10/9 (b) -6 (c) 0.1 (d) 1/11
b
What is the nearest to -2/3 in 827, -1/21, 4?
-1/21
What is the nearest to -2 in 22, -0.4, 214?
-0.4
Which is the nearest to -0.1? (a) 0.1 (b) 146 (c) -12/5 (d) 3
a
Which is the nearest to -1? (a) -0.07 (b) -161 (c) 0.2 (d) 10 (e) -1/5
e
Which is the nearest to -23? (a) 2 (b) 0.08 (c) 57 (d) 4 (e) 3/2
b
Which is the closest to 1? (a) -2 (b) -0.034 (c) 1 (d) 0
c
Which is the nearest to 0? (a) -2/11 (b) 2 (c) -0.054 (d) -53
c
Which is the nearest to -4? (a) 31 (b) -4/11 (c) 20 (d) -1/6 (e) -0.1
b
Which is the nearest to 2? (a) -0.3 (b) 6 (c) -1.3
a
What is the closest to -1388 in 3, -0.1, 0.4, 0.3?
-0.1
What is the nearest to -2/9 in 0, 2391, 13?
0
What is the nearest to -1.9 in -2/11, -2/43, -3, 2?
-3
What is the closest to -1 in -0.3, 4/7, -4, -1, 37?
-1
What is the closest to 5 in -23, -0.5, -638/5?
-0.5
Which is the nearest to -0.1? (a) -0.3 (b) 10 (c) 2/33 (d) 1/4 (e) 0.4
c
What is the nearest to 0.2 in -7, 4, 49456?
4
Which is the closest to 2/3? (a) 1/8 (b) 3/5 (c) -2/25 (d) -4
b
Which is the closest to -2? (a) -4 (b) 174/7 (c) 160
a
What is the nearest to 0 in -3, 1, -0.01, 1.3, -7?
-0.01
Which is the closest to 0.09? (a) 6 (b) -0.5 (c) 1/8 (d) 3/2 (e) 18
c
Which is the nearest to 384? (a) 45 (b) -3 (c) 0.2
a
Which is the closest to -6.9? (a) 3/5 (b) -2/7 (c) -0.4 (d) 2/31
c
Which is the closest to -1/5? (a) 4 (b) -4 (c) -2 (d) -2/2259
d
What is the closest to 7905 in -1/5, -1/8, -0.01?
-0.01
What is the nearest to 2487/19 in -5, -1, -2, 2?
2
Which is the closest to -4? (a) 2/9 (b) 0.2 (c) 159 (d) 4
b
What is the nearest to -4 in 0.2, -4747, -3?
-3
What is the closest to -0.1 in -11/4, 0.3, -1, 4, -4?
0.3
What is the closest to -4/5 in -2/13, -2/7, -0.31?
-0.31
Which is the nearest to 0.09? (a) 0.3 (b) -5 (c) -2/735 (d) 3/4
c
What is the nearest to 9 in -3, 2.1, -1/3?
2.1
What is the closest to -2 in -4, -0.3, 1/2, 1/18, -3/25?
-0.3
What is the nearest to -1580 in 25, 5, 0.3, 1/2?
0.3
Which is the closest to 3? (a) 1 (b) -4 (c) 298 (d) -1/2
a
What is the nearest to -3/5 in 13, 0.08, 160?
0.08
Which is the closest to -2/7? (a) -2/11181 (b) 0.6 (c) 1/2
a
What is the nearest to 0 in -4/5, -9, -0.4, 7, 241/5?
-0.4
What is the closest to 0 in -30, 2, -4, -5, 1/41?
1/41
Which is the nearest to -63? (a) 0 (b) 0.15 (c) 10 (d) 4
a
Which is the nearest to -3? (a) -3/136 (b) 6 (c) -0.1
c
Which is the closest to 31? (a) -1 (b) 5 (c) -5 (d) 18 (e) 1/8
d
Which is the nearest to 18? (a) 24 (b) -3 (c) -1/5
a
Which is the nearest to -49584? (a) -4 (b) -0.3 (c) 1/5
a
What is the nearest to 0 in -5, 1/5, 3, -254, -11?
1/5
What is the closest to 2 in -5, 2, 6/11, 2/9, -5/72?
2
What is the closest to 1 in -2, -198, -1/2?
-1/2
Which is the nearest to 0.8? (a) -1/6 (b) -0.17 (c) 0.3 (d) -5 (e) -0.5
c
Which is the nearest to 2/11? (a) -333 (b) 10 (c) 4.5
c
What is the closest to -0.5 in 31, -0.1, 2.7, -0.2, 5?
-0.2
Which is the closest to 13/11? (a) -2/3 (b) -3/2 (c) 0.5 (d) -1/2
c
Which is the nearest to 2/7? (a) -714 (b) 4 (c) 1/2 (d) -0.07
c
Which is the nearest to 2.6? (a) 3/2 (b) -3/8 (c) 8/5 (d) -1/3
c
What is the nearest to 0 in 1/2, 100, -35/12?
1/2
Which is the closest to -5? (a) 18 (b) 17 (c) 3 (d) -1/2 (e) -3
e
What is the closest to -0.1 in -110, 2/3, -60?
2/3
Which is the nearest to 2/5? (a) 1/4 (b) -105 (c) -48 (d) 1/7
a
Which is the nearest to -6? (a) -5 (b) 1341/4 (c) -1
a
What is the nearest to -0.1 in 3, 2, -21/2, 1/3?
1/3
What is the nearest to -21 in 0.42, 5, 2/11, 1/7?
1/7
What is the closest to 2/7 in 4, 0.3, -1164, -5, 0.5?
0.3
Which is the nearest to -1? (a) 0.1 (b) -0.2 (c) 0.15 (d) 4 (e) -24/553
b
What is the nearest to 0.2 in -4, -9.6, -0.35?
-0.35
What is the closest to 1/2 in 8, -0.8, -0.02, -0.15, -4?
-0.02
What is the closest to 0.067 in 0.03, 1/5, -2/11, 0, -251?
0.03
Which is the nearest to 1/85? (a) -10/59 (b) -2 (c) -0.5
a
What is the closest to -2 in 4/9, -1.2, -184, 1?
-1.2
What is the closest to 0 in 0.03, -71444, -2/9, -3?
0.03
What is the nearest to 0 in 2, 25, -0.2, -7/5?
-0.2
Which is the closest to 0? (a) -91 (b) -363 (c) -1/5
c
Which is the nearest to 1/2? (a) 0 (b) -54/5 (c) -3 (d) 0.5 (e) -1/39
d
Which is the nearest to -2/21? (a) -1 (b) 11 (c) 8 (d) -0.17
d
Which is the closest to -0.031? (a) -8/15 (b) 0.4 (c) -2/7
c
Which is the nearest to -0.1? (a) -0.1 (b) 2/25 (c) -83
a
What is the nearest to 614 in 1/7, 4, -0.7?
4
What is the closest to -0.1 in 0.2, 0.0373, -2/343?
-2/343
Which is the nearest to -189? (a) 4 (b) -0.5 (c) -2/13 (d) -4
d
Which is the nearest to 0.06? (a) 0.3 (b) -23 (c) -183 (d) 4 (e) -3
a
Which is the nearest to 0? (a) 3 (b) 1/3 (c) 51 (d) -4
b
Which is the closest to 3/4? (a) -2/229 (b) 0.1 (c) 0.17
c
Which is the closest to 2? (a) -0.5 (b) 0.144 (c) -5 (d
|
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{
"pile_set_name": "OpenWebText2"
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"pile_set_name": "Pile-CC"
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{
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| 0.05 |
872 So.2d 400 (2004)
Leslie G. ASH, Appellant,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellee.
No. 1D03-1095.
District Court of Appeal of Florida, First District.
May 4, 2004.
Archie Hayward, Jr., Esquire, Florida Rural Legal Services, Inc., Ft. Myers, for Appellant.
Geri Atkinson-Hazelton, General Counsel; John D. Maher, Deputy General Counsel, Tallahassee, for Appellee.
PER CURIAM.
Leslie Ash appeals the order of the Unemployment Appeals Commission which determined that she was ineligible to receive unemployment compensation benefits. We reverse.
When Interstate Brands Corporation, her employer, discharged her from a job at *401 the bread store where she had worked for almost ten years, Ms. Ash applied for unemployment compensation benefits. A claims examiner found her eligible but an appeals referee ruled otherwise, after hearing her testimony and that of Michael Douglas Kirkland, a retail sales manager for Interstate Brands. The appeals referee made the following findings of fact:
The claimant was employed as a lead clerk from August 22, 1994, through September 12, 2002. The claimant was responsible for stocking the store, taking orders and doing light cleaning. The claimant was scheduled to start work at approximately 8:00 a.m. until close. The claimant left the job site at approximately 2:15 p.m. to go to the bank. The claimant became ill and telephoned the job site to tell the other employee she would not be back until later in the day. The claimant returned to the store at approximately 6:15 p.m. and did inventory. The claimant left the job site after 8:00 p.m. when she had worked all of the hours she was absent earlier in the day. The claimant completed her time card prior to leaving the job site at 2:15 p.m. Company policy states that a time card is not to be completed prior to the hours worked. The claimant gave her time card to the employee that submits time with it signed as having worked the hours as indicated on the time card. The claimant's supervisor was aware of the fact that the claimant was absent from the job site for the majority of the afternoon and had no knowledge of the claimant working after hours. The claimant was not authorized to work after the store had closed. The claimant's time card did not reflect the hours that were worked due to it being submitted in her absences [sic] to payroll. The claimant was discharged for falsifying her time card.
Based on these findings, the appeals referee concluded that Ms. Ash's actions constituted misconduct as defined in section 443.036(29), Florida Statutes (2002), and ordered that unemployment benefits be denied. The Unemployment Appeals Commission affirmed.
The Commission and the appeals referee erred in concluding that Ms. Ash engaged in "misconduct" disqualifying her for unemployment compensation benefits. Section 443.036(29), Florida Statutes (2002), provides:
"Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other:
(a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his or her employee; or
(b) Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer.
"In defining misconduct, courts are required to liberally construe the [unemployment compensation] statute in favor of the employee." Mason v. Load King Mfg. Co., 758 So.2d 649, 655 (Fla.2000).
"Whether an employer has the right to terminate an employee's employment and whether a terminated employee meets the disqualification criteria set out in the unemployment compensation statute are separate issues. See Cooks v. Unemployment Appeals Comm'n, 670 So.2d 178, 180 (Fla. 4th DCA 1996); Livingston v. Tucker Constr. & Eng., Inc., 656 So.2d 499, 500 (Fla. 2d DCA 1995); Hummer v. Unemployment Appeals Comm'n, 573 *402 So.2d 135,137 (Fla. 5th DCA 1991)." Lusby v. Unemplmt. App. Comm'n, 697 So.2d 567, 568 (Fla. 1st DCA 1997). A single, isolated act of negligence does not constitute disqualifying misconduct. See, e.g., Cooks, 670 So.2d at 180; Johnson v. Unemplmt. App. Comm'n, 513 So.2d 1098, 1099 (Fla. 3d DCA 1987). "While a violation of an employer's policy[1] may constitute misconduct, `[r]epeated violations of explicit policies, after several warnings, are usually required.' Barchoff v. Shells of St. Pete Beach, Inc., 787 So.2d 935, 936 (Fla. 2d DCA 2001)." Cooksey-James v. Unemplmt. App. Comm'n, 869 So.2d 1209 (Fla. 2d DCA 2004).
In Seger v. Danner Construction Co., 611 So.2d 82 (Fla. 2d DCA 1992), an employee was warned when he failed to show up for work one Saturday and terminated when he was absent again the following Saturday, without notifying the employer beforehand. While the Second District concluded that the employee was guilty of poor judgment, it also concluded that the poor judgment did not rise to the level of misconduct. We reach a similar conclusion with regard to the actions of Ms. Ash in the instant case.
Her failure to correct her timecard was understandable in light of the fact that making corrections was impossible by the time she returned to the store, because the cards had been removed by then. The only departure from company policy proven was in filling the timecard out before the whole day had been worked. Ms. Ash came back to the store and made up the hours she had missed due to her illness.
"[T]he conduct complained of was, at most, an isolated incident of poor judgment that did not rise to a level of `misconduct,' as the claimant was not acting willfully, wantonly, or in substantial disregard of the employer's interest. See §§ 443.036(29), 443.101, Fla. Stat. (2001); McKnight v. Florida Unemployment Appeals Comm'n, 713 So.2d 1080 (Fla. 1st DCA 1998); Betancourt v. Sun Bank Miami, N.A., 672 So.2d 37 (Fla. 3d DCA 1996); Bulkan v. Florida Unemployment Appeals Comm'n, 648 So.2d 846 (Fla. 4th DCA 1995); Smith v. Krugman-Kadi, 547 So.2d 677 (Fla. 1st DCA 1989), review denied, 558 So.2d 20 (Fla.1990); Erber v. Federal Express Corp., 409 So.2d 522 (Fla. 5th DCA 1982)." Cohen v. Unemplmt. App. Comm'n, 868 So.2d 664 (Fla. 3d DCA 2004).
REVERSED AND REMANDED.
WEBSTER and BENTON, JJ., concur; ALLEN, J., concurs in result only.
NOTES
[1] The findings of fact of the appeals referee are supported by competent, substantial evidence except that the referee's finding that appellant knowingly violated a store policy by working after hours is contradicted by Ms. Ash's testimony that she was unaware of such a policy. The employer offered no evidence to the contrary. Thus, there was no evidence on which to base a finding that the employee knowingly violated this policy.
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The US clothing retailer GAP has released a new advertising campaign in Los Angeles, which features a gay couple embracing under one t-shirt, and has predictably drawn the wrath of the anti-gay group, One Million Moms.
The billboard which features the photo reads: “Be Bright, Be One.”
One Million Moms, which has previously targeted JCPenny and Urban Outfitters for their pro-gay ads, has been quick to condemn the ad, and has called on its members and supporters to boycott GAP and its subsidiaries, including Old Navy, Banana Republic, Piperlime and Athleta.
These brands, a letter posted on their website claims, “does not [sic] deserve, nor will it get, money from conservative families across the country.”
The letter adds: “Supporting GAP is not an option until they decide to remain neutral in the culture war. GAP needs to seriously consider how their immoral advertising affect the youth of our nation.”
“Christians should urge for the removal of GAP’s offensive billboard in Los Angeles and any other city where it is located,” the letter continues. “GAP will also need to cancel any plans to use the “Be One” ad campaign elsewhere including store-front posters, its website, and in print magazine ads.”
GAP has yet to comment on these threats.
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Who knew when the Carolina Panthers used a third-round pick on a 5'9 receiver in the 2001 NFL draft that it would be one of the best decisions the franchise has made. Smith, who has been with the Panthers for over a decade, agreed to a three-year contract extension with the Panthers, according to Pro Football Weekly. The move will keep him under contract through the 2015 season and it also includes an option for 2016.
Smith's deal is believed to be similar to Reggie Wayne's deal with the Colts, according to the report.
Although financial numbers were not immediately available, Smith was due to earn $7.75 million in 2012, and the Panthers likely will pay more than that amount, including guaranteed money up front, for this season. Smith's deal is believed to be structured similarly to that of the one signed by WR Reggie Wayne with the Colts earlier this offseason, in terms of his guaranteed money and base salaries for the next three seasons.
Wayne received a three-year, $17.5 million deal with a $7.5 million signing bonus.
Smith is 32 years old but it's hard to make an argument out of age when he's coming off one of his best seasons -- 79 receptions, 1,394 receiving yards and seven touchdowns. He started all 16 games and really started to develop a rapport with Cam Newton. This move ensures that Newton has his No. 1 receiver for the next few years.
For more on the Smith's new deal, visit Cat Scratch Reader.
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Kirschley – Classic Sex And Cumshot In The Pussy NR345
760
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Fucking The Cum Out of Him
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Sexy mom gets cum in her
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Pathology of spontaneous malignant fibrous histiocytoma in a Japanese white rabbit.
Spontaneous malignant fibrous histiocytoma (MFH) of the chest wall was found in a 10-year-old male Japanese white rabbit. Histologically, the MFH consisted mainly of areas of storiform, pleomorphic and myxoid patterns. Positive reactions for acid phosphatase (Ac-P), non-specific esterase (N-SE) and beta-glucuronidase (beta-GL) were demonstrated in fibroblast-like, histiocyte-like and giant cells. Moreover, a strongly positive fibronectin (FN) reaction was observed mainly in histiocyte-like and giant cells. In electron microscopy, tumor cells were composed morphologically of various types of cells such as fibroblast-like, histiocyte-like, undifferentiated and giant cells. This case was quite similar to those reported in man or other animals.
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The first week of the baseball season is a special time for players and their gloves. The night before Opening Day, Reds second baseman Brandon Phillips explained the five gloves he had carefully placed in his locker. He has three practice gloves, all significantly smaller than his game glove; a smaller glove helps him look the ball into his glove a little better and a little longer. He has a backup game glove and his game glove, which was placed, pocket side down, with a batting glove strategically placed where his hand enters the glove.
"You can touch my practice gloves, but no one touches my game glove, no one," Phillips said with a smile, though he wasn't kidding. "I put the batting glove on top of my glove so I'll know if someone has touched my glove. If the batting glove has moved, someone touched my glove. [Reds pitcher Mat Latos] held my glove this spring, but he didn't put it on. Hey, defense is important to me. If he'd put his hand in my glove, we'd have fought."
A player's glove, especially for a good defensive player, is his most personal piece of equipment, and it is treated with great respect and care. Cubs second baseman Darwin Barney takes five gloves -- all the exact same model and size -- with him on all road trips.
"I am very particular about my glove," Barney said. "I never use my game glove except to play in the game. I don't use it during BP. I don't play catch with it before a game. The first time I touch it on the day of game is when I'm running out to my position to start the game. If I play catch with it too often, it can make the pocket too deep. The other four gloves, I rank them. My No. 2 glove is next in line. Last year in Washington, I went to my backhand and the ball popped out of my glove. That was it for that glove. I put it away and never used it again. It lasted a year and a half, but that was it. I couldn't use it anymore."
His No. 2 glove became his game glove that day. "Each glove I have is at a different level of being broken in," he said. "My No. 5 glove isn't ready to be a gamer, but it will be."
Cubs utility man Jeff Baker is nearly as particular about his many gloves. He has a glove to play second base, another to play third base, one for the outfield and a mitt for first base.
"No one touches my glove for second base or my glove for third," he said. "They are different. My glove for second base is 11½ inches, my glove for third is 12 inches. At second, I need a smaller glove because I have to know when I reach into my glove to grip the ball, it has to be in the same place every time, it can't get lost in my glove. If someone puts my glove on his hand, and stretches out my glove, and now it's a quarter of an inch off, then we have problems. That may be the difference between making the double play or not. At third base, I need the extra half inch in the glove. The ball hit down the line, that half inch might be the difference between getting an out, or the ball going for a double. The ball hit to my left, that half inch might be the difference between a hit and a double play. Even on the ball hit right at me at third, mentally I feel better with that extra half inch."
Baker said he isn't as particular about his outfield glove or his first baseman's mitt.
Because "defense is important to [him]," Brandon Phillips is very serious about the glove he uses during games. Frank Victores/US Presswire
"I have [Cubs pitcher] Kerry Wood break in my first baseman's mitt because he loves to take throws at first base during BP, and he has really big hands, and I also don't have time to break in four different gloves during spring training," he said. "I have our video guy [Naoto Masamoto] break in my outfield glove because he loves to shag during BP. But I would never let either guy touch my other gloves. Kerry's big hands would ruin those gloves. But all my gloves, I'm working about a year behind on each. The four I will use this year, I had broken in last year. The gloves I'm breaking in this year, I'll use next year."
These are stories from three players, but there are similar stories from almost any current player. It wasn't always this way. Maybe 70-100 years ago, players would, on occasion, leave their glove on the field after an inning, and sometimes the shortstops from each team would use the same glove in a game. In one game in the 1990s, the Giants' Willie McGee and the Cardinals' Vince Coleman shared a glove, leaving it on the field between innings.
"And it was a blue glove!" said then-Giants catcher Terry Kennedy.
Now the technology of the gloves is so advanced, as is the emphasis on defense, a player won't go on the field wearing something foreign on his hand. That love for the glove has been going on for several decades. In 1980, a young writer made the mistake of asking Mark Belanger, the Orioles' brilliant defensive shortstop, if he could try on his glove, just to see how it felt. Belanger said, "I would kill you before I'd let you put my glove on your hand."
He might not have been kidding. Years later, Indians second baseman Roberto Alomar walked through the clubhouse yelling angrily, "Who touched my glove! Someone put his hand in my glove! Who was it?" A strange hand in a player's glove can ruin the perfect form of that glove. The game glove of former Orioles second baseman Billy Ripken, a great defensive player, was once used by teammate Bob Milacki, a pitcher, during batting practice. "Big Bird's [Milacki] hands stretched out my glove," Ripken said. For the rest of that season, Ripken had to wear a batting glove under his glove in order to get the right feel.
One of Ripken's former teammates, Rene Gonzales, another excellent defensive player, would carry his glove on road trips in a Wonder Bread bag. "Their slogan," he said, "is no holes."
Almost every player has a different philosophy about the use of a glove. Former A's/Braves shortstop Walt Weiss used the same glove for most of his career, including college; he called it The Creature. Omar Vizquel, certainly one of the two greatest defensive shortstops of all time, breaks in a new glove every spring training, uses it for a season, then breaks one in the next spring. Hall of Fame second baseman Joe Morgan used a glove that was as small as Brandon Phillips' practice glove because Morgan not only had great hands, but didn't ever want the ball to get lost in a bigger glove when he reached in it to make the transfer on the double play. And former White Sox second baseman Ray Durham's hands weren't as good as Morgan's, so he used a much bigger glove.
"I wanted all the help I can get," Durham said.
Diamondbacks outfielder Gerardo Parra, a Gold Glover, wears a little red glove, which he had specially made in Mexico, to help improve his hand-eye coordination. The glove is so small, it barely fits on his hand. "It has made my hand stronger, and it helps me focus on the ball a lot better," Parra told the Arizona Republic. "It has made me know that if I can just get my hands on the ball, I'm going to catch it."
Utility men carry all sorts of sizes and shapes of glove. Jeff Manto, now the hitting coach for the White Sox, was a utility guy for years as a player. He carried 13 gloves on road trips, including two catcher's mitts and two first baseman's mitts (a catcher and a first baseman use a mitt, because it has no fingers; all other players use a glove, because it has fingers). "The guys call me, 'The Store,'" Manto said. "The equipment man hates me."
“ The four [gloves] I will use this year, I had broken in last year. The gloves I'm breaking in this year, I'll use next year. ” -- Cubs utility man Jeff Baker
Even pitchers are finicky about the glove they use. Greg Maddux used a really big glove in hopes that a bigger glove would help him catch that ground ball up the middle that another pitcher might miss; Maddux won 17 Gold Gloves, the most of any player at any position. Former Indians pitcher Brian Anderson once forgot his glove on a spring training bus trip to Winter Haven, Fla., so, in full uniform, he borrowed a car to go buy a glove, he saw a Walmart and said, 'Hey, Walmart has everything tires produce it must have a baseball glove.' I found one: $29.95, already broken in. It was a softball glove. A Wilson. It was awful. Of course, I got three comebackers to the mound, and I caught them all because my new glove was as big as a butterfly net. It made Maddux's glove look small."
Roger Clemens, at least in his Yankee years, always liked to wear a new glove, one that didn't have any give to it because with an old, flimsy glove, the hitter might be able to detect what pitch Clemens might be throwing by the way the glove bent when he set his grip.
"Do you see that little flap on the outside of the pitcher's glove? I invented that," Orel Hershiser told a writer as the two watched a game on TV. "Sometimes, when I would throw a breaking ball, my [left] index finger [the one that he kept on the outside of his glove] would wiggle. And the hitter could see it, and would know a curveball was coming. So I had the glove company build a little flap on the outside of the glove so I could keep my finger outside my glove, but the hitter couldn't see my finger."
A's coach Mike Gallego was a terrific defensive player for 13 years in the big leagues -- his glove kept him there, not his .239 lifetime average. Here's how much he valued his glove.
"Earthquake Series," Gallego said of the A's-Giants World Series in 1989. "We [the A's] are in the clubhouse at 5 p.m. The earthquake hits, the lights go out, everything is dark. The place is shaking. Guys are running all over the clubhouse, trying to get out of there. I was halfway out when I realized that I had forgotten my glove. I ran back into the clubhouse -- we didn't know if the place was going to collapse -- and found my locker in the dark. I got my glove. I couldn't leave my glove behind. That's my livelihood, my glove."
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In regard to the reason why Sisi included Tanzania and Rwanda in his tour, the official, who declined to be named, said, “We are well-aware of how dangerous it is to rely on a single country as mediator in the Nile water issue. Uganda tried to bring views closer between Egypt and the rest of the upstream countries. But nothing has been achieved yet. Based on that, direct bilateral contacts with the Nile Basin countries were necessary — not only to make the Egyptian views clear but also to create direct interests that would reduce tension and fear and highlight Egypt's keenness to achieve development and assist the Nile Basin countries away from any monopoly over the Nile waters.”
An official at the Egyptian Ministry of Foreign Affairs, who is informed about the African dossier and accompanied Sisi on his African tour, told Al-Monitor, “Our plan centers on intensive political, diplomatic and technical efforts to revitalize strategic focal areas in East and West Africa, without relying on mediators who have strong ties with the continent’s countries, such as the Gulf countries.”
Although legal differences over the Nile water management were not resolved during the Nile Basin Heads of State Summit held June 22 in Uganda, Egypt is carrying on with a policy of rapprochement and creation of mutual interests to bring African countries, especially the Nile basin countries, on its side.
Sisi's visits carried messages from the Egyptian political administration, most notably among them that Egypt intends to provide Chad and Gabon with immeasurable military and security support , in terms of capacity building and export of military equipment. This is in addition to Egypt’s desire to address the water issue indirectly by prompting the upstream countries to resort to other energy sources, such as wind energy and solar energy, instead of the Nile waters to generate electricity. The president also expressed the Egyptian desire that the Nile waters be used without causing harm to Egyptian interests, stressing that in the eyes of Egypt, the Nile water issue is a matter of life or death that requires the dispute to be resolved.
CAIRO — With the objective of advancing his country's interests in the African continent, Egyptian President Abdel Fattah al-Sisi paid visits to Tanzania , Rwanda , Chad and Gabon on Aug. 14-17. The agenda included issues related to Egyptian national security, most prominently the Nile water dossier , and the military and technical support in countering terrorism in West Africa.
The official added, “There is reassessment of the Egyptian political, security and strategic perception in dealing with the African region. The yearslong social and political negligence has severely harmed Egyptian interests.”
Prior to Sisi’s visit to Chad, the Egyptian Ministry of Defense signed a joint military and security cooperation protocol with Chad on Aug. 2. Also, the Arab Organization for Industrialization expanded the export of military equipment to a number of African countries. This highlights direct cooperation between African countries to promote military capabilities.
The official said, “The rising terrorism expansion in West Africa and deteriorating situation in Libya were behind the shift in the way Egypt deals with African countries at the security level, changing the strategy of distancing itself from areas of conflict and of refraining from taking sides.”
Sisi’s trip was widely welcomed by a number of observers in Egypt who considered it to be a step toward restoring strong Egyptian-African ties, after they were neglected for years under the rule of former President Hosni Mubarak. This was following the attempted assassination of Mubarak in Addis Ababa, Ethiopia, in June 1995, which resulted in Egypt refraining from taking part in African summits at the presidential level.
Ayman Abdel Wahab, a researcher at the Al-Ahram Center for Political and Strategic Studies, told Al-Monitor, “The extensive effort toward Africa would promote Egypt's position in the political, trade and military balance of power in Africa, and in facing the risks to Egyptian interests in terms of the Nile waters — in light of the upstream countries’ aspirations for development and exploitation of the Nile waters.”
Abdel Wahab believes that “the political administration’s focus on interests in the restoration of ties with the African countries is necessary to overcome the old sensitivities and accusations that Egypt wants to monopolize the Nile waters. Besides, deterrence is no longer fruitful with the political administration in African countries.”
He said, “Cairo’s focus on promoting ties with Tanzania and Rwanda — following their harsh stances against Egypt during the Nile Basin negotiations — is designed to break the Ethiopian control over the upstream countries’ positions regarding Egyptian interests.” However, he added, “While it is too early for the balance of interests to be shifted, Cairo does not have enough time to lessen the anticipated harm to its water security, particularly since Ethiopia is nearing the completion of the Renaissance Dam.”
In contrast, during Ethiopian Prime Minister Hailemariam Desalegn's visit to Sudan Aug. 17, the bilateral talks focused on the Nile waters and the Renaissance Dam. This Sudanese-Ethiopian rapprochement started to annoy Egypt, particularly since Sudan is backing up the Ethiopian stance after it was once a strategic ally of Egypt in the Nile waters dossier.
Hani Raslan, an expert on African affairs, told Al-Monitor, “Egypt now needs to try to break the Ethiopian alliance with the Southern Nile Basin countries against the majority — in addition to [breaking] the mobilization against Egypt, which was promoted by the Ethiopian claims on Egypt’s absolute sovereignty over the Nile waters. The Egyptian quest for a rapprochement does not need to necessarily result in an alliance with the Nile Basin countries. Yet at least to do without enemies.”
The Egyptian political administration has no option other than to work in the long run to maintain its direct interests in the region and secure its basic Nile water resources in particular. This dossier is one of utmost complexity, as the upstream countries insist on exploiting the resources, based on the principle of fair and equitable use of the Nile waters.
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