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United States District Court, M.D. Florida, Fort Myers Division
May 3, 2017
IMMANUEL T. GILCHRIST, Petitioner,v.UNITED STATES OF AMERICA, Respondent.
matter comes before the Court on petitioner's Motion
Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct
Sentence by a Person in Federal Custody (Cv. Doc. #1; Cr.
Doc. #60)[1] filed on June 17, 2016, by appointed
counsel pursuant to Johnson v. United States, 135
S.Ct. 2551 (2015) and Welch v. United States, 136
S.Ct. 1257 (2016). (Cr. Doc. #59.) On July 20, 2016, the
Court stayed the case pending review by the United States
Supreme Court in a case having direct impact on
petitioner's ability to obtain relief. (Cv. Doc. #8.) On
March 6, 2017, the United States Supreme Court affirmed the
Eleventh Circuit in Beckles v. United States, 137
S.Ct. 886 (2017), and determined that the Sentencing
Guidelines are not subject to a constitutional challenge for
vagueness possibly foreclosing relief for petitioner. As a
result, on March 20, 2017, the Court lifted the stay and
directed petitioner to notify the Court if the motion was due
to be dismissed, or if petitioner wished to proceed. (Cv.
Doc. #11.)
On May
1, 2017, the Federal Public Defender's Office filed an
Unopposed Motion to Withdraw as Counsel (Cv. Doc. #14)
seeking to withdraw from further representation. Counsel
notified petitioner by certified mail, received
acknowledgement that petitioner signed for the letter,
however petitioner has not indicated how he would like to
proceed. Counsel asks that petitioner be permitted to proceed
pro se. The Court will allow the Federal Public
Defender to withdraw as counsel of record.
On June
11, 2003, a federal grand jury in Fort Myers, Florida
returned a one-count Indictment (Cr. Doc. #7) charging
petitioner with possession with intent to distribute 5 grams
or more of crack cocaine. Petitioner entered a plea of guilty
pursuant to a Plea Agreement (Cr. Doc. #20), which was
accepted, and petitioner was adjudicated guilty. (Cr. Doc.
#24.) On December 16, 2003, the Court sentenced petitioner as
a career offender[1] to a term of imprisonment of 188 months,
to be followed by a term of supervised release. (Cr. Doc.
#29.) Judgment (Cr. Doc. #30) was filed on December 16, 2003.
Petitioner did not appeal to the Eleventh Circuit and the
conviction became final 14 days after the December 16, 2003
Judgment. See Mederos v. United States, 218 F.3d
1252, 1253 (11th Cir. 2000). Under the Antiterrorism and
Effective Death Penalty Act of 1996 (AEDPA), federal
prisoners have one year from the latest of any of four events
to file a § 2255 Motion:
(1) the date on which the judgment of conviction becomes
(2) the date on which the impediment to making a motion
created by governmental action in violation of the
Constitution or laws of the United States is removed, if the
movant was prevented from making a motion by such
governmental action;
(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the
exercise of due diligence.
28 U.S.C. § 2255(f). Petitioner filed his motion
pursuant to Section 2255(f)(3). However, it is clear from a
review of the underlying criminal docket that petitioner was
not sentenced under the Armed Career Criminal Act, and
therefore Johnson and Beckles do not apply
to extend the statutory time limitation of one year from the
date petitioner's conviction became final. Therefore, the
motion will be dismissed as untimely.
argues that Beckles may not have foreclosed relief
for petitioner, however because petitioner's motion was
based on Johnson, which does not entitle petitioner
to relief, the motion must be denied. The Court notes that
petitioner was released from his term of imprisonment on or
about April 7, 2017.[2] Any eligibility for a reduction in the
term of imprisonment is now moot.
it is hereby
1. The Federal Public Defender's Unopposed Motion to
Withdraw as Counsel (Cv. Doc. #14) is GRANTED. The Federal
Public Defender's Office is relieved of further
responsibility in this case, without prejudice, and no
further action will be taken with regard to the appointment.
The Clerk ...
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text:
5.5' Grass Bamboo Plant With Decorative Planter
5.5' Grass & Bamboo Plant w/ Decorative vase
Where to buy
- $119.99
- $154.39
Find the best deal for 5.5' Grass Bamboo Plant With Decorative Planter sorting the prices, lowest to higest and/or higest to lowest. Chose the store before you read the seller ratings. The merchants are responsible for providing GoShopping.com with correct and current prices. Although we make every effort to present accurate information, we are not responsible for inaccuracies.
Technical Details

subset: commoncrawl


text:
Today I put complements together - purple and yellow.
Wednesday, April 22, 2009
#4 Complements
Posted by Liz at 8:29 AM
2 comments:
Purple and yellow go hand in hand. These are making me hungry.ReplyDelete
You are always fishing for compliments! Glad you found some complements in the paint box and painted yourself some! Fabulous! Good to have Paul's at your fingertips for painting produce.ReplyDelete
A line of cards would be lovely by the check-out in a basket!
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Widespread availability of antibiotics has led to remarkably low use of health services in Azerbaijan, despite that a study reported symptoms of infectious diseases that would merit health center visits. This lack of use of health care services has possibly contributed to the development of antibiotic resistance in the Azerbaijani population.
Almost 20 percent of people in the study reported self-medicating with antibiotics. Only 1.3 percent of respondents reported seeing a health care provider for an infection, and less than four percent missed work or stayed in bed during the day in the last five years. In contrast, 338 illness episodes were reported in a five year period. Flu-like illness was the most prevalent infectious syndrome reported (33 percent).
1. Clark DV, Ismayilov A, Bakhishova S. Under-utilization of health care services for infectious diseases syndromes in rural Azerbaijan: A cross-sectional study. BMC Health Services Research 2011; 11: 32. (open access)


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- The Socrates Cafe discussion group now meets at the Lake Cable Clubhouse from 6-8 p.m. the last Monday of each month. The group used to meet at the Jackson Branch Library. The next meeting, "What makes something funny?" will be on Oct. 31. Bring a cartoon or joke to share. For more information, call Annjeanette Witmer at 330-499-8973.
- The Players Guild Theatre will present the one-man drama, "RFK," by Jack Holmes. Starring local actor and longtime Guild collaborator Aaron Brown, RFK will be presented in the intimate surroundings of the William G. Fry Theatre in Canton throughout November. Tickets for this Downstage Drama are $17 for adults and $13 for 17 years old and younger. Tickets may be purchased online at www.playersguildtheatre.com, or in person at the Players Guild Box Office, located in the Great Court of the Cultural Center for the Arts, 1001 Market Avenue N. Tickets may also be purchased by phone: 330-453-7617. Celebrate opening night on Nov. 4 with the Guild in the Green Room after the show to celebrate with a 1960s themed political party. This event is open to the first 50 guests who purchase their tickets. The total price is $37.00 per guest and includes the backstage pass to the opening night event and a ticket to the performance.
Oct. 29
- Jason Drake from Drake Enterprises of Ohio will lead a workshop on creating ghoulish Halloween makeup. The event is open to teens and adults at 2 p.m. at the North Canton Library, 185 North Main Street. Register in advance. Visit ncantonlibrary.org for more information.
- Stark County District Library invites genealogy buffs to an evening of family history research on from 6 p.m. to midnight at Diggin' in the Dark. The free evening is a marathon genealogy event open to all skill levels and will be held at the Main Library in downtown Canton. Trained genealogy staff will be on hand throughout the evening to help both new and experienced researchers dig into their family history using databases. Registration is requested for this free event. For questions, call 330-452-0665 or visit StarkLibrary.org/Genealogy. The Main Library is at 715 Market Avenue N.
Oct. 31
- Trick or Treat around the North Canon Library for children of all ages from 10:30 to 11:30 a.m. or 4:30 to 5:30 p.m. Wear a costume to trick or treat at different stations in the library. The library is at 185 North Main Street. Call 330-499-4712 for more information.
Nov. 1
- Children are invited to read to dogs from 6 to 7:30 p.m. at the Massillon Public Library, 208 Lincoln Way E. Reading to and petting the dogs helps kids relax and become engaged in the reading instead of their insecurities. The program is free and no registration needed. For more information, call 330-832-5037 or visit :www.massillonlibrary.org. The Second Street entrance is handicapped accessible.
Nov. 3
- The Women's Board of Aultman Hospital is hosting a fashion show, Angels on the Runway: Fashion for a Cause from 6 to 9:30 p.m. at The Historic Onesto Hotel in downtown Canton. The runway show will start at 7:45 p.m. Featured fashions will include a Joan Onesto Private Collection, Kent State School of Fashion, Chico's, Mainstream Boutique, Vita, Laura of Pembroke, Red Bar, Steve's Tailoring and Men's Store, Charleston Shoe Company and more. Reservations are available for purchase by visiting www.aultmanfoundation.org or call 330-363-6198 for tickets or questions. Proceeds from this event will benefit the board's pledge of $5 million to the Aultman Cancer Center. The Onesto Hotel is located at 225 Second Street NW.
- The community is invited to an opening reception hosted by Friends of the Little Art Gallery from 5:30 to 7 p.m. to kick off the exhibit "Fabrical and Digital: The Art of Karen and Bogdan: Celebrationg 50 Years Together." Hors d'oeuvres and resfreshments will be served. The exhibit runs from Nov. 3 to Dec. 4.
- A visit with author Linda Castillo, writer of Amish thrillers, will take place at 6:30 p.m.at the Massillon Public Library, 208 Lincoln Way E. Castillo will discuss her newest book, "Among the Wicked." The event is free and open to the public. Reservations are recommended and can be made by calling 330-832-9831, ext. 312. The Second Street entrance is handicapped accessible.
Nov. 4
- Quick Books I for beginners will be held from 8:30 a.m. to 4:30 p.m. Learn how to use the accounting software to create meaningful financial statements; profit and loss reports; budgets and forecasts and more to grow your business. Registration and payment for the session must be made online atwww.CantonSBDC.org. Click on QuickBooks and choose the available date. Visa, MasterCard and Discover are accepted. For more information, contact the Small Business Development Center at 330-244-3290 or email@example.com.
Nov. 5
- The Massillon Public Library invites kids grades 4 through 8 to attend a special Tween Time from 1:30 to 3 p.m. It will be a fun and messy afternoon of science experiments. The program is free and registration is required in person, by phone at 330-832-5037 or www.massillonlibrary.org. The library is at 208 Lincoln Way E. The Second Street entrance is handicapped accessible.
- The arts community continues its collaboration with the Stark County Hunger Task Force to fight local hunger by staging Palette2Palate charity art event at the Joseph A. Saxton Gallery of Photography in Canton. Talented local artists donate their work to be featured for purchase inlive and silent auctions with proceeds going to help alleviate hunger in Stark County. Every dollar raised provides up to seven pounds of groceries for residents struggling to put food on their table. Doors open at 7 p.m. For tickets, visit www.starkhunger.org – a pre-sale price of $50 continues through Saturday, after the price increases to $55. The event is held at 520 Cleveland Ave NW.
Nov. 6
- With lights, fog, a unique sound track and loads of action, FamBlitz Live will be held at 6 p.m. at Canton's First Friends Church. Live is a fast-paced, high-octane event for the entire family. In a Super Bowl atmosphere, families will witness the Mama's Pajama Jump, Grandpa's Rubber Face, the Ultimate FX Live Chicken and Bone Challenge, the Gator Snot Drop and The Flying TP Blast. Tickets are free for kids aged 18 and under and $5 for adults. Tickets can be purchased in advance at the church located at 5455 Market Avenue N, or at the door the night of the event. For more information, call 330-966-2800 or visit the church's website at www.firstfriends.org.
Nov. 7
- The Ohio Small Business DevelopmentCenter at Kent State University at Stark is sponsoring an information session in starting a small business or for those who are in the early stages of business formation. The session will be held from 5 to 7 p.m. at the Kent State University at Stark Conference Center, 6000 Frank Avenue NW, Jackson Township. There is a $10 fee per person for program materials. Registration and payment must be made online at www.cantonsbdc.org. For more information, contact the SBDC at 330-244-3290 or email email@example.com.
Nov. 9
- The Celebration of the Life and Legacy of Mother Teresa will be held in Walsh University's Barrette Business and Community Center, 2020 East Maple Street, North Canton. The event is free and open to the public at begins at 7 p.m. Registration preferred as seating is limited. Register online at www.walsh.edu/motherteresa. For questions, contact Molly Romano at 330.490.7581 firstname.lastname@example.com.
Nov. 10
- Pregnancy Choices will present "An Evening with Scott Klusendorf" from 6 to 9 p.m. at the Conference Center of Kent State University at Stark, 6000 Frank Ave. NW, Jackson Towsnhip. Special music will be provided by recording artist Renee Welsch, best known for her album "All I Want to Say." There will be an opportunity to partner financially with Pregnancy Choices. Make reservations by calling 330-455-7500 or online at www.pregnancychoicesforme.org.
Nov. 12
- Lil' Lambs Closet toy sale will be held from 8 a.m. to 2 p.m. Brand new and like new toys, games, books, puzzles, electronics, arts and crafts, sports, play furniture and more. Thirty percent of all proceeds go to local Children's Charities. The sale is located at Church of the Lakes United Methodist Church, 5944 Fulton Road, at the corner of Fulton and Brunnerdale in Jackson Township. For more information, visit www.cotl-lillambscloset.com.
- The Massillon Public Library, 208 Lincoln Way E., invites readers to join in the free local Author Fair from 11 a.m. to 4 p.m. The fair provides a platform for local writers to showcase their work, connect with interested readers and network with other area authors. It is also an exciting event for readers to explore new authors, talk with them, and peruse their books. For more information, call 330-832-9831, Ext. 312, or visit www.massillonlibrary.org. The Second Street entrance is handicapped accessible.


text:
My friends have ALL abandoned me. Yes, Varsha, you bitch, you too.
The fault is mostly mine. I have been very, very, very busy at work and now, even though I have no friends, I finally have a magazine to my credit. Anyhow, this post is not about my fabulousness.
My friends are either chasing tail (yes Varsha, you), or over-involved with their spawns and devoted husbands and when confronted with my swinging singleness, try to make me feel bad by saying, "don't your parents worry about you?" "Don't you feel alone?" "Don't you want a family?" My answers scare them ( "No, remember, my parents are way cooler than yours and they were the ones who ignited the flame beneath the bra, so No", "No, I actually wish I had time to be alone so I could go for long vacations", "NO! Remember, I think the planet is overcrowded already. Didn't I always say I would never ever be a producer and I really do not want to be a part of the guilt circle") and the sorry losers they try to match me with make me retch. I have made up my mind that the next time it happens, I will remind them of their ex-boyfriends, how they won debates on sexual empowerment and how affronted they felt when professors told them that their tags would help them hook better husbands (it worked).
Women, please do not make me remind you of things that will make you inwardly cringe.


text:
Pines Polo Hat
Unisex Snapback Caps
-40% € 21,00 € 35,00
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Graffitishop is rated 5 out of 5.
Only snapback hat, constructed of a sanded cotton twill. Features a front woven label and fabric strap closure.
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