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NORTH LITTLE ROCK, AR -- The Arkansas Vending Council will gather industry members for a update on legislative and regulatory developments facing the industry, networking and family fun recreation. Its annual membership meeting and convention is set for May 17 and 18 here at the Wyndham Riverfront Hotel.
Here's what's on tap for Thursday, May 17:
12 noon-2 p.m. » AVC board member meeting.
5 p.m. » Group gathers in hotel lobby before walk to Dickey Stephens Park. Arkansas Travelers will host Springfield Cardinals in Minor League game.
6:10 p.m.- 8:10 p.m. » Barbecue at the Baggage Room picnic area, located along the pathway the ball players use when they take the field.
On Friday, May 18:
8 a.m. » Breakfast buffet followed by AVC business meeting and elections.
11 a.m.- 12 noon » Panel discussion
AVC lobbyist Camie Boggess of DBH Management will give an overview of the 2012 budget session and the political climate facing the Arkansas vending industry on Friday morning. Sheree Edwards, NAMA's southern regional legislative director, will present an update on legislative developments in Washington, DC.
Keynoting the meeting is Phil Elson, director of broadcasting and media relations for the Arkansas Travelers Baseball Club ("The Travs"). He will share his professional experiences. Elson joined The Travs before the 2001 season as the first full-time home-and-road broadcaster in the team's history. The sportscaster also calls radio play-by-play for the University of Arkansas at Little Rock Trojans women's and men's basketball teams along with Henderson State University football and is a professional voice-over actor. Elson was voted the 2009 Arkansas Sportscaster of the Year by the National Sportscasters and Sportswriters Association.
The convention registration fee is $75 a person; the baseball outing costs an additional $20. Registration is due April 26. Contact the NAMA Southern office at (678) 916-3852.
Room reservations can be made by calling the Wyndham Riverfront Hotel at (501) 371-9000 by April 26 to receive the AVC rate of $89.95.
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Never Trust a Doctor Who Uses Toothpicks for Acupuncture
Are you sure that your doctor is a real doctor? It can be difficult to tell! For example, if he gives you a bottle of pills called "Prosperous Farmer Dietary Supplements" that expired in 2002, he is probably not credentialed.
There are, in fact, any number of warning signs in this story of the Illinois gentleman who, responding to an ad in a Bulgarian newspaper, showed up to a clinic in late April:
The building appeared to be closed, though, with no other patients or employees around, except for the "doctor," who was dressed in a white lab coat, police said.
The "doctor" conducted an exam on the man and stuck toothpicks in his chest. He told the victim to take pills called "Prosperous Farmer Dietary Supplements" each day until the bottle was finished — though the expiration date on the bottle was February 2002, police said.
Can you spot them all? Here's one: When the guy returned with his son, the doctor "ran out of the building, locked the door behind him and ran eastbound on Golf Road." Everyone knows a real doctor would have ordered more tests! Hey-o!

subset: commoncrawl


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Summaries of EU Legislation
Summaries of EU legislation: direct access to the main summaries page.
- Archived: true
Maximum concentrations of certain industrial Mercury discharges
Directive 82/176/EEC sets limit values for mercury emissions standards in order to reduce discharges of mercury into waters in the European Union (EU). Furthermore, it establishes objectives for quality, methods of measurement and a monitoring procedure. This Directive is applicable until 22 December 2012.
Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry [See amending acts].
This Directive complements the provisions regarding the discharge of dangerous substances in the aquatic environment in the European Union.
This Directive:
- establishes limit values for emission standards for mercury for discharges from industrial establishments * (See Annex 1);
- sets quality objectives concerning mercury for the aquatic environment;
- establishes deadlines for compliance with the conditions set out in authorisations granted by the competent authorities in the Member States for existing discharges (See Annex II);
- sets reference methods of measurement enabling the mercury content in discharges and in waters to be determined (See Annex III);
- establishes a monitoring procedure for discharges (See Annex IV);
- invites Member States to harmonise their monitoring procedures in the event that discharges affect the waters of several Member States.
This Directive covers:
- inland surface waters;
- territorial waters; and
- internal coastal waters.
Groundwater is the subject of a specific directive. Consequently, it does not come under the scope of this Directive.
'Mercury' is defined as:
- the chemical element 'mercury';
- the mercury contained in any of its compounds.
All discharges require the prior authorisation of the Member State concerned. This authorisation must set the emission standards that are at least as stringent as those provided for in this Directive.
Member States may grant authorisations for new plants only if these authorisations contain a reference to the standards corresponding to the best technical means available for preventing discharges of mercury.
Member States must ensure the monitoring of the aquatic environment affected by discharges from industrial establishments. When the discharges affect the waters of several Member States, the Member States concerned must cooperate in order to harmonise monitoring procedures.
The monitoring procedure is instituted in order to check whether the discharges comply with the emission standards which have been fixed in accordance with the limit values laid down in Annex I. This procedure provides for the taking each day of a sample, the measurement of the mercury concentration and the measurement of the total flow of the discharge over a 24-hour period.
The daily quantity of mercury discharged is calculated at the end of the month. The monthly total is then divided by the installed chlorine production capacity.
This Directive is replaced by Directive 2008/105/EC establishing environmental quality standards applicable to surface water.
Key Terms of the Act
- Industrial establishment: the chlor-alkali electrolysis industry which uses mercury cathode cells.
Entry into force
Deadline for transposition in the Member States
Official Journal
Directive 82/176/EEC
OJ L 81 of 27.3.1982
Amending act(s)
Entry into force
Deadline for transposition in the Member States
Official Journal
Directive 91/692/EEC
OJ L 377 of 31.12.1991
Directive 2008/105/EC
OJ L 348 of 24.12.2008
The successive amendments and corrections to Directive 82/176/EEC have been incorporated in the basic text. This consolidated version has only documentary value.
Regulation (EC) No 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury [Official Journal L 304 of 14.11.2008]. This Regulation aims to ban exports of metallic mercury and certain mercury compounds and mixtures from the European Union. Furthermore, it aims to introduce an obligation to store metallic mercury under safe conditions.
Decision No 2455/2001/EC of the European Parliament and of the Council of 20 November 2001, establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC [Official Journal L331 of 15.12.2001].
Communication from the Commission of 28 January 2005 - "Community Strategy concerning Mercury" [COM(2005) 20 – Not published in the Official Journal]. In view of the risks posed by mercury to human health and the environment, the EU has drawn up a strategy based on six objectives, accompanied by specific actions, aimed mainly at reducing the quantity and circulation of mercury both within the EU and throughout the world, and reducing human exposure to this substance.
Last updated: 26.10.2010


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Highlights Gluconeogenesis
1. Gluconeogenesis is the pathway that is involved in the synthesis of glucose. It operates mostly in the liver and kidney. It uses 7 of the same enzymes as glycolysis by running the reactions in the opposite direction from glycolysis. The other three enzymes are replaced by four new enzymes in gluconeogenesis. The two of these are pyruvate carboxylase and phosphoenolpyruvate carboxykinase (PEPCK).
2. Pyruvate carboxylase is a biotin-containing enzyme that is found in the mitochondrion and it catalyzes the addition of a carboxyl group to pyruvate to make oxaloacetate. The reaction requires ATP
3. In the cytoplasm, PEPCK catalyzes the conversion of oxaloacetate to PEP and the reaction requires GTP. The next reactions for gluconeogenesis are the reversal of reactions of glycolysis up to PFK.
4. The PFK enzymatic reaction of glycolysis is replaced by the enzyme fructose-1,6bisphosphatase (F1,6BPase). It acts to remove a phosphate from F1,6BP, yielding F6P. This reaction is energetically favorable, since ATP is NOT regenerated (as it would be if the glycolysis reaction were reversed).
5. The hexokinase reaction of glycolysis is replaced by the enzyme glucose-6-phosphatase (G6Pase), which acts to remove a phosphate from G6P to yield free glucose. This reaction is energetically favorable, since ATP is NOT regenerated (as it would be if the glycolysis reaction were reversed).
6. Reciprocal regulation of glycolysis and gluconeogenesis is accomplished mainly by the molecule fructose-2,6-bisphosphate (F2,6BP). It acts to stimulate glycolysis by turning on PFK (your book calls it PFK-1) while at the same time acting to inhibit gluconeogenesis by turning off the corresponding enzyme, F1,6BPase. Thus, when F2,6BP is present, glycolysis is running and gluconeogenesis is inhibited. When F2,6BP is absent, gluconeogenesis is running and glycolysis is inhibited.
7. The Cori Cycle is a metabolic cycle in animal bodies that allows muscles to export lactate to the bloodstream. From there it goes to the liver, where gluconeogenesis acts to convert the lactate back to glucose. Glucose is dumped back into the blood where it arrives in the muscles and is used to continue the production of ATP in anaerobic glycolysis. Remember that under strenuous situations, oxygen is limiting, so lactate is produced initially in the muscles due to lack of oxygen. Oxygen is NOT limiting in the liver, however, so it can convert NADH back to NAD+ and also synthesize glucose.
Exam 3 material ends here.


text: Some people are known as string breakers; I think of myself as a shoe breaker. I've been using vapors the past few years. I wear out the soles, I get holes in the sides, I rip the laces..basically my shoes go through hell when I play. I slide on hard courts, I dive when a ball is just out of reach, etc. Basically, my play style is not kind to shoes. From what I gather vapors are known for poor durability, and barricades are known as the most durable. So despite me preferring Nike, I'm considering getting a pair of Barricades or two to wear instead of vapors. What I want to know is, will it really make that big of a difference? Are they that much more durable that I won't have to keep buying new pairs? If I'm going to have to buy multitudes of shoes, I'd rather stick with the ones that I'm used to and are comfortable. But if it's gonna save me a few hundred bucks, I would definitely make the switch to barricades. Thoughts?


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- About MCS
- Admissions
- Academics
- Student Life
- Support MCS
- MCS Parents
Room 302 parents are invited to the classroom for a Thanksgiving celebration. In the interest of not disturbing other classrooms and in honoring your child in his/her class, we ask that siblings who would normally be enrolled in class at MCS remain in their classrooms in order to celebrate and participate with their classmates.
The meal is partly potluck and partly prepared in the class by the students. Your class parents and teachers will be in contact with more details. There will be a presentation by the students of Native American legends and poems.
We hope to see you all at our community Thanksgiving meal. It's always great to have parents join us for special occasions in the classroom.
For questions, please contact your room parent or one of the teachers.


text: ^^On one day he warmed up with Blake. On this particular day, I can't remember the name of the guy he warmed up with. Sup2Dresq knows. As for getting his sutograph on the shoes>>> you are right, I wouldn't be able to wear them. Also, I prefer the auto on the cap. looks much nicer.


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Because of some problems we've encountered in our travels, I've been trying to come up with a simple and inexpensive way to insure my spinning rods wouldn't get lost if our kayaks should tip over, if they got caught on a tree, or if one got snagged by a cast. All these incidents have happened and I lost a rod/reel (well over $100) in Briery Lake in Virginia and almost lost a brand new spinning rod in the Au Sable River in Michigan. I can't remember how many times I've flipped a kayak getting in or out, but that's usually in shallow water. The point being that kayakers can be prone to loosing rods occasionally.
I considered a number of ideas that were too complicated to be used every time, and I think simplicity is essential. My idea is to take a piece of foam Pool Noodle about 6-8 inches long and split it half way through so that the rod can slide through the slit and into the hole. Put it between the reel and the first line guide. the natural springiness keeps it on the rod.* I've tried these with my salt water rods and they float with the reel down (see photo) and the rod sticking up above the water. I showed it to some other kayakers by throwing the rods into the motel pool and they thought it was a great idea and got some pool noodles that evening. I tried it on some of my smallmouth rods (light and ultralight) and it worked, but the reels (1000 weight) didn't pull the rod upright but they floated flat on the water.
When fishing, we just take the foam off and lay it close by, then put it back on before putting the rod back in the rod holder. Most of our rod holders are flush mount type and positioned behind our left sides.
Bait casting rods may or may not work because of the size of the line guides. I'm sure I can modify the Pool Noodle float to work, but BassPro sells some rod floats with velcro straps...so that would work for those. I may also add a carabiner to a noodle float and clip it to the first line guide. Or, I can put the foam on the rod handle, close to the reel but leaving enough handle to go into the rod holder. Again, simple and quick.
I'm always interested in serious ways other people have solved this problem.


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Luna Guitars Americana Classic AMF 100 Folk Cutaway Acoustic-Electric GuitarProduct #H82586 Luna Guitars H82586 ABA 6 String Acoustic Guitars https://www.esnapw.com/rses/ESnapServlet?MerchantNumberSent=63655
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A medium-sized guitar with a solid spruce top and B-BAND electronics.
The Luna Americana Classic AMF 100 Folk Cutaway Acoustic-Electric Guitar is for folk guitar purists. It features an excellent combination solid spruce top and rosewood back and sides. Luna's specially designed neck profile creates a guitar that's particularly easy to chord and comfortable to play. B-BAND electronics include an onboard tuner for convenience and precision.
Luna is a line of comfortable guitars made for musicians of all ages and beautifully crafted to engage minds and spirits along with talent. Getting a Luna instrument is sort of like joining a tribe. There's a great vibe among "members" and a commitment on the part of Luna to help everyone succeed in fulfilling thier dreams. There's even a Luna University of free guitar lessons online to registered owners of Luna guitars.
T35 3-Band EQ with Tuner
The T35 is a single input preamp, with an LCD / LED chromatic tuner with ON / OFF button and signal output mute. The tuner can also be used the when preamp is not plugged-in. Other features include a three-band EQ, Phase button and drop-in installation. Case sold separately.
T35 Features:
Fully chromatic LCD / LED tuner with wide range and fast response
Tuner ON / OFF button. Tuner can be used without preamp being plugged-in
All-in-one, drop-in installation format
Single input - (for UST pickup)
HZZLess low noise / high output circuit
3-band EQ
LED low battery and "blink" switch-on status
Supplied with output jack / battery box one-piece assembly
- Folk Cutaway body
- Solid Spruce top
- Rosewood back and sides
- Mahogany neck
- Ebony fingerboard and bridge
- Wood binding
- Tortoise pickguard
- B-BAND T35 electronics with tuner
- Case sold separately
Turn your guitar playing experience into one endless Luna de miel. Order today.
Americana Classic AMF 100 Folk Cutaway Acoustic-Electric Guitar Specifications:
- Scale: 25-1/2"
- Nut Width: 1-5/8"
- Finish: Gloss


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Washington, January 11, 2010 – Seven organizations – representing state securities regulators, investors, and members of the investment adviser and financial planning professions – have written to members of the Senate Committee on Banking, Housing, and Urban Affairs expressing strong support for an investor protection provision in the Senate's draft regulatory reform bill that would require all those who offer investment advice to be held to the highest standard of care to their clients – the Investment Advisers Act fiduciary duty.
In a joint letter to Chairman Christopher Dodd (D-Conn.) and Ranking Member Richard Shelby (R-Ala.) of the Committee on Banking, Housing, and Urban Affairs, the organizations urged the Senate to resist industry efforts to cripple critical consumer protections provided by the "Restoring American Financial Stability Act of 2009" (RAFSA). The joint letter was accompanied by a "myths-facts" sheet that rebuts arguments and misinformation about the Senate regulatory reform bill's fiduciary requirement for investment advice.
Signing on to the letter were: the Consumer Federation of America, the North American Securities Administrators Association, Fund Democracy, the Investment Adviser Association, Certified Financial Planner Board of Standards, Inc., the Financial Planning Association and the National Association of Personal Financial Advisors.
In particular, the organizations noted that Section 913 of RAFSA accomplishes the goal of providing benefits to investors by imposing a fiduciary duty on all providers of investment advice "in a straightforward and sensible fashion by eliminating the broker-dealer exclusion from the (Investment Advisers) Act." The broker-dealer exemption allows brokers to avoid registering as advisers if the advice they provide to clients is "solely incidental" to selling securities.
"For too long, brokers have been free to market themselves as trusted advisers and offer extensive advisory services without having to meet the fiduciary standard appropriate to that role," the organizations said. The draft bill "eliminates the legislative loophole that has allowed this dual standard to persist."
"Unfortunately, some in the industry who have for years actively marketed themselves to investors as trusted advisers are resisting regulation as advisers," they added.
Investors will only benefit from the fiduciary provision of the Senate draft bill "if Congress resists efforts to scale back and water down critical protections provided by the legislation, efforts that have been advanced through a campaign of misinformation and mischaracterization. We urge you to stand up for investors by standing up to those who would undermine these important investor protections," they concluded.
Please access the Consumer Federation of America's Web site for copies of the joint letter and myths-facts sheet.
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UK Tour Announced
Arctic Monkeys will undertake a UK arena tour in October/November 2013. Commencing in Newcastle at the Metro Radio Arena on Tuesday 22nd October and culminating at the Motorpoint Arena in Sheffield on Saturday 2nd November, support comes from The Strypes.
Tickets go on sale at 9am on Friday 5th July via Gigs & Tours / Ticketmaster / Gigs in Scotland(Glasgow only).
Age restrictions are 16+ standing / 14+ accompanied by an aduly and must be seated. (For London 16+ standing / under 16's accompanied by an adult and must be seated).
Tues 22nd Oct Newcastle Metro Radio Arena
Wed 23rd Oct Manchester Arena
Fri 25th Oct London Earls Court
Mon 28th Oct Liverpool Echo Arena
Tues 29th Oct Cardiff Motorpoint Arena
Thurs 31st Oct Birmingham LG Arena
Fri 1st Nov Glasgow Hydro
Sat 2nd Nov Sheffield Motorpoint Arena
02.07.13 12:43 pm
I am buzzing for this tour
02.07.13 12:29 pm
Hope so too!! Cannot wait for this!!
02.07.13 11:06 am
Hope so!
02.07.13 10:57 am
iIs there gonna be a pre-sale for this???


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We are at that stage in the election campaign where nerves are getting frayed, people are getting testy, and sharp lines are being drawn. The question "Which side are you on?" in the form of "Who are you going to vote for?" is being posed with greater frequency and sharpness, and whips are being cracked to bring people into line. One of the things that puzzles me is the way partisans of one major party or the other react when other people say they will not vote for their preferred candidate. The most venom is directed against those who people think should vote with them but say they are going to vote for someone else.
Take that case of Conor Friedersdorf, who is a columnist for The Atlantic who wrote recently that he could not bring himself to vote for Barack Obama and gave the reasons why.
Tell certain liberals and progressives that you can't bring yourself to vote for a candidate who opposes gay rights, or who doesn't believe in Darwinian evolution, and they'll nod along. Say that you'd never vote for a politician caught using the 'n'-word, even if you agreed with him on more policy issues than his opponent, and the vast majority of left-leaning Americans would understand. But these same people cannot conceive of how anyone can discern Mitt Romney's flaws, which I've chronicled in the course of the campaign, and still not vote for Obama.
Don't they see that Obama's transgressions are worse than any I've mentioned?
I don't see how anyone who confronts Obama's record with clear eyes can enthusiastically support him. I do understand how they might concluded that he is the lesser of two evils, and back him reluctantly, but I'd have thought more people on the left would regard a sustained assault on civil liberties and the ongoing, needless killing of innocent kids as deal-breakers.
He lists the things that the US government has done under Bush and then Obama that he finds abhorrent.
We tortured.
We started spying without warrants on our own citizens.
We detain indefinitely without trial or public presentation of evidence.
We continue drone strikes knowing they'll kill innocents, and without knowing that they'll make us safer.
He concludes that because of all this, he will vote for Gary Johnson, the Libertarian candidate.
I thought that it was a thoughtful article about arriving at a difficult decision by someone who has always had libertarian leanings and his decision did not surprise me. But the folks at Balloon-Juice reacted with fury (see here and here) as if he had advocated child sacrifice or voting for the Nazis, accusing him of being a secret supporter of the most extreme right-wing interests, rather than treat him as someone who is an ally on almost all the issues they care about.
The problem is that each one of us has our own list of the things we value. Sometimes the lists differ quite sharply and so people vote differently based on that. For example, someone who thinks that tax cuts for even the wealthy are a good thing will clearly not vote for Obama, while someone who thinks that same-sex couples should have the right to marry will clearly not vote for Romney. But even when the lists are very similar, no candidate will fit all our requirements so we end up needing to have some decision rule and each of us has our own private one.
Oddly enough, most people do not get that angry with people with whom they disagree wildly. In such cases, they tend to be resigned and write off those on the other side of major issues as hopeless and not worth engaging with, unless they are close family or in the same social circles where one cannot avoid contact. The real anger is directed at those who pretty much agree on the same list of things they value but differ on the decision rules used when it comes to voting. And so we have this phenomenon of the angriest words being exchanged in intra-ideology political fighting, with epithets like RINOs (Republicans In Name Only) and DINOs (Democrats In Name Only) being hurled by other members of their own party, rarely by those of the opposing party.
This is why Friedersdorf and similar people are being reviled by some on the left-liberal spectrum as if they are somehow traitors and do not care about the poor or gay rights. This is unfair. They actually care about almost exactly the same things as their critics. One may disagree with how they weight their concerns and arrive at their final judgment but surely we should be able to see that they are allies in the broad fight for social justice and change
I recall the time when Dennis Kucinich was running for president in 2004 and was clearly the most progressive candidate in the race. At that time he was not pro-choice and the columnist for The Nation Katha Pollitt said that that fact alone, in her mind, disqualified him from consideration, even though she likely agreed with him on almost everything else. And she had every right to think that way and it would have been absurd to assert that because she rejected Kucinich on that one issue, she did not care about all the other progressive stances he took, such as ending Bush's wars abroad or on the poor at home.
This is less likely to happen if we had a preferential voting system, where one ranks the candidates in order of preference. In such systems, the first preferences of each voters are first tallied. Then after the votes are counted, the votes of the candidate with the lowest total are re-allocated according to their second preferences. The votes of the candidate with the new lowest total are again re-allocated, and so on, until we have a winner. It is actually a very simple system.
The oligarchy hates that system because it would give people a better way of expressing their true preferences, and thus would exert pressure on the two major parties to listen to those views. They much prefer the present situation where voters are forced to choose between voting for one of the two major parties as 'the lesser of two evils' or vote for someone who won't win and risk the greater of the two evils winning. This way the two parties can bribe us with a few issues we care about (gay rights, a better social safety net, abortion rights) while ignoring us on other issues that we also care about (such as war, civil liberties, human rights).
But since we are stuck with the system we have, we should not be suckered into making the system worse by reacting with fury at those who vote differently for specific candidates. We have to get used to the idea that it is the issues that matter and form shifting coalitions based on them. We should avoid the trap of reacting so harshly against those with whom we disagree with on some issues, or who vote a different way, that it makes it harder for us to join forces with them later on other issues on which we agree.


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30.0113 Articles of incorporation - Filing.Cite as [A.S.C.A. § 30.0113]
When articles of incorporation and amendments to articles of incorporation of domestic or foreign corporations are presented to the Treasurer for the purpose of being filed, and the Treasurer is satisfied, after consultation with the Attorney General, that they are in proper form to meet the requirements of law and that their plan for doing business is honest and lawful, he shall file them; but if he is of the opinion that they are not in proper form to meet the requirements of the law, or that their object is unlawful against public policy, or that their plan for doing business is dishonest or unlawful, he shall forward them to the Governor, who shall have the power to refuse to file them. The fact of filing shall not confer corporate status without the approval of the Governor.History: 1962, PL 7-20; 1968, PL 10-69.


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© 2008 MLB Advanced Media, L.P. All rights reserved.
Guardado ready for Opening Day
Rangers left-handed setup reliever eager to fill role in 2008
By T.R. Sullivan / MLB.com
SURPRISE, Ariz. -- Eddie Guardado sat comfortably in the Rangers' clubhouse earlier this week, leaning back in his chair, his feet propped up on the table and his work already done for the day in a Minor League game. He looked like a man who just needed a cocktail to complete his day. "That would get my energy going," Guardado laughed affably. Guardado had just thrown 19 pitches in his first appearance in a game in almost two weeks. A strained knee and a viral infection had held him back, and at one point there was some doubt if he would be ready for Opening Day. Guardado scoffed at such suggestions. If the Rangers need a left-hander to face Ichiro Suzuki in a crucial situation on Monday at Safeco Field, he's still the one to do it. "I'm ready to go," Guardado said. "Whatever inning they call me in, I'll be ready. It will be fun, getting the blood going, under the lights ... nothing like it. It separates the men from the boys." Guardado, 37, is back -- the oldest player on the Rangers -- a veteran of 15 Major League seasons and tied for eighth among active pitchers with 796 appearances. The Rangers signed him to a one-year deal in the offseason to be either the closer or a left-handed setup reliever. They know now it will be as a setup reliever. C.J. Wilson has been named the Rangers' closer and Guardado, who has 183 career saves, will be part of the setup brigade. "They haven't said anything to me," Guardado said. "Not a word about it. But whatever helps the team, whatever inning, I'll be ready to pitch. "If I have to setup, I will. I'm not a guy who complains. Don't get my wrong, I love closing, but if C.J. is doing the job or somebody else, I've got to do my job. If they put the right guys in the right situation and they do their jobs, this team has a chance." Why balk at your situation when you've been through worse over the past two seasons? Guardado has had to go through much just to get to the point where he could sit back and relax with propped-up feet and not worry about life. Guardado saved 36 games for the Mariners in 2005, then went 1-3 with a 5.48 ERA in 28 games with them to start the 2006 season. The Mariners traded him to the Reds on July 6 and he made 15 appearances there before going down with an elbow injury. He underwent Tommy John elbow reconstruction surgery on Sept. 8, 2006 and did not pitch in the Major Leagues again until Aug. 9, 2007. He made 15 appearances last year and had a 7.24 ERA.
News and features:
MLB.com coverage | Schedule | Ballpark | Tickets
Multimedia:Spring Training info:
Laird's thoughts on catching job 400K
Wilson reacts to getting closer gig 400K
Young on Ichiro's praise 400K
Millwood on first spring start 400K
Hamilton on spring in Arizona 400K
Mendoza feeling good 400K
MLB.com coverage | Schedule | Ballpark | Tickets
"It was tough," Guardado said. "It was tough the whole year, even the time when I was pitching the last month. But everything is good now. The more times I get out there, the better I feel. My delivery, I'm staying back more and getting my arm speed back. Let's get the lights on and let's go."Guardado throws fastballs and sliders to left-handed hitters and fastballs and changeups to right-handed hitters. He can get both sides of the plate out and had a career-high 45 saves for the Twins in 2002. He is not overpowering, but he has struck out 8.45 batters per nine innings in his career, the 21st-best ratio of all active pitchers. He is 17th lowest with 11.34 baserunners allowed per nine innings. The last two years have been tough and he is no longer in a prime-time role, but Guardado insists the fire is still inside of him. The Rangers pursued him hard this offseason and he appreciated the respect general manager Jon Daniels accorded him. The Yankees wanted him, too, but Guardado preferred to come to Texas. Besides Wilson, who will be limited to the ninth inning, Guardado is the only left-hander in the Rangers' bullpen. He may not be closing, but he'll still play a critical role. This is the guy who will face the opponent's big left-handed hitters in the late innings. Guardado embraces the challenge even thought it could cost him some serious money. His incentive-laden contract calls for up to $2.5 million in bonuses based on games finished. That's a category designed especially for a closer, but it doesn't seem to bother Guardado. "I love the game. I love the competition. I love the atmosphere playing under the lights," Guardado said. "I love big league competition. I love toeing the rubber. I missed it desperately last year, it's in my blood."
T.R. Sullivan is a reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.


text:
1st. Zetsu is a green son of a ***** for not showing his powers. What are the true limits of them really?
2nd. Kisame is alive that's coolio since I've thought that manga has gone ***gy since he died but will cencor ninjas notice him fast enough?
3rd. The samehada doesn't notice Kisame. This seems awfully weird to me
4th. The eyes of Itachi. Did Itachi know about the fact that Sasuke is going to use his eyes for evil and unlimited MS.
5th. The Kabuto is so badass now. He resemblaces much more of oro now when the transformation has gone further.
6th. Why is Kabuto capping Takigakure ninjas? Does this have something to do with the techs that Kakuzu used?


text:
The man formerly described by local drug agents as the "King of Crack" is seeking a new trial.
The man formerly described by local drug agents as the "King of Crack" is seeking a new trial.
Chester Lemar Scott, 44, arrived at the Marion County Jail at 11:30 p.m. Wednesday, after being transferred there from the Franklin Correctional Institution in Carrabelle.
Scott was expected within days of arrival to ask Judge Willard Pope, who sentenced him in April 2011, for a post-conviction relief — a new trial — but the hearing has been rescheduled to April 16.
Until then, Scott will remain in the jail.
In documents signed by Scott late last year, most of his arguments for a new trial are based on, he said, his then attorney James Reich not providing him with adequate counsel.
Other paperwork shows that Scott has waived his attorney client privilege with Reich. That means Reich, who was Scott's attorney during his trial, no longer represents him.
There is currently no attorney on file as representing Scott.
Even though Scott was reputed to be the leader of a cocaine ring that reportedly moved thousands of dollars' worth of the drug, he was dressed in sweat pants, flip-flops and a green camouflage bath robe he said cost $10 at Walmart when he was arrested Nov. 20, 2008. Drug agents recovered from his home a .45-caliber Tommy gun and a 9mm handgun, along with rare collectible coins and more than $20,000 in cash.
The arrest was part of an anti-drug raid that capped a year-long investigation.
Scott posted $550,000 bond and was released from jail two months later.
He was back in jail less than a year later when the same drug agents learned he was again was selling crack cocaine, using a lawn business to conceal the trade. Authorities maintained Scott was the leader of the cocaine ring and ran the day-to-day operations.
Nearly two years ago, Scott was sentenced on charges of conspiracy to commit sale/manufacture/delivery of cocaine, two counts of trafficking cocaine and two counts of sale/manufacturing/delivery of cocaine.
State records indicate Scott was incarcerated Oct. 19, 2011, and is set for release Dec. 7, 2056.
He declined an interview request from the Star-Banner.
Contact Austin L. Miller at 867-4118 or email@example.com.


text:
Best Practices and the Big Squeeze
"When life gives you lemons, make lemonade" is a proverbial phrase often used to encourage optimism and a can-do attitude in the face of adversity or misfortune. When speaking with credit unions that are facing big challenges especially with earnings or growth, I like to tell them about Teri Robinson and the Pacific NW Ironworkers FCU.
Teri Robinson took over at the helm of Pacific NW Ironworkers FCU in March 2010 – just in time to receive a letter that would forever change her leadership path. The NCUA told her that her small Portland, Ore., credit union was in net worth restoration and had been downgraded.
She told me her credit union was struggling with loan losses and that she, as a new CEO, was wondering if she had set herself up for failure and if it was worth it.
Robinson isn't alone: smaller credit unions make up the majority of our numbers and are facing significant challenges ranging from earnings and growth. And smaller credit unions will need to adapt, learn, adjust, innovate and collaborate in order to survive.
Robinson decided that survival was the only option for her. She said her first step was convincing the NCUA that her credit union was determined to survive and keep its three-branch footprint – one in Portland, one in Tukwila, near Seattle, and one in Spokane, Wash. – up and running.
The second step, Robinson said, was to radically (and creatively) cut expenses. She said she called everybody the credit union did business with and that 90% of them did something to reduce the expense. Robinson also looked for ways she could run more efficiently, enlisting the help of her employees and overhauling the credit union's lending model as part of its net worth restoration plan.
The third step, she said, was getting in contact with the people who would provide support, including the National Federation of Community Development Credit Unions. The Federation leveraged Pacific NW Ironworkers' low-income designation for secondary capital and, slowly, the tide began to turn.
Now with $14 million in assets, Pacific NW Ironworkers his reporting loans up 40% and an 8% average loan yield. Robinson is one of hundreds of small credit unions leaders that have managed to turn foreboding and hopelessness into success.
And while each credit union turnaround comes with a different set of circumstances, these best practices are key to recovery:
Be willing to change and learn new things. The same actions more often than not lead to the same results. Accept that changes are on the way and utilize the experience to learn new best practices.
Communicate with examiners to find common ground. If yours is a credit union in net worth restoration (or getting too close for comfort), the best thing you can do is communicate with examiners early and often. Robinson said her faith in what she was doing, confidence she shared with her examiners, helped the regulators to relax.
Utilize credit union expertise. Sometimes, it's a matter of being in touch with the right people and looking for every opportunity to position yourself for success. Look to your mentor, your association, or to other credit unions in your area.
Create and commit to a plan. Reduce expenses and mitigate losses going forward. Robinson said her credit union reined in its loan underwriting to ensure the loans it made were no longer going to causes such losses.
Take action. Be willing to roll up your sleeves to save money. Sometimes you have to work the phones and pound the pavement to see your plan come to fruition.
Keep looking to the future: Hard times don't occur in a vacuum. Robinson did double-duty, implementing her plan to save Pacific NW Ironworkers while looking for ways to improve and innovate. In addition to developing new programs such as remote-capture, credit union staff got serious about member recruitment. Pacific NW Ironworkers wasn't taking advantage of its opportunities. Now it is.
Smaller credit unions are being squeezed tighter than ever, but Robinson's story proves that where there is a will, there is a way. The fight to save a struggling charter is not easy. But it's worth it for those credit union leaders who believe that their charter can still be relevant in the lives of their members.
Scott Butterfield is principal of Your Credit Union Partner in Sumner, Wash. He can be reached at (253) 507-2443 or scott@yourcredit unionpartner.com.


text: This course is a broad overview of crime, its measurement, attempts at explaining criminal behavior, and the structure and function of the criminal justice system. More specifically, the objectives of this course are: 1. To show how the definition of what is a crime changes over time and how other (more harmful) acts other than traditional street crimes have not traditionally been defined as criminal. 2. To introduce you to how scientific inquiry is conducted on criminal behavior or the behavior of criminal justice actors through the usage of theories as explanations. 3. To increase your understanding about the key distinction between "law on the books" (in the form of official rules or laws) and law in action (in terms of the actual behavior of criminal justice actors) within the criminal justice system). 4. To introduce you to the structure and process of the criminal justice system. 5. To expose you to the prevalence and implications of discretionary decisionmaking in the criminal justice system. Class Meeting: Two 50-minute lectures (Monday and Wednesday, 10:10- 11:00) and one 50-minute discussion section each week. Distribution Credit: S & H Instructor: Professor Richard Spano, Criminal Justice Department


text:
Manchester Police and Fire Logs: Feb. 17-23
February 17:
06:13 Responded to a residential false alarm on Main Street.
20:15 Responded to a citizen dispute on Dufresne Pond Road.
February 18:
10:24 Received a delayed report of a suspicious vehicle parked on Ways Lane.
13:26 Responded to a property dispute over motorcycle on Hillcrest Road.
23:13 Received a report of an audible alarm sounding on Main Street in the retail area.
February 19:
10:51 Received a report of a stolen sign from the Manchester Country Club.
13:35 Received a report of a citizen dispute at Stewart's.
14:40 Received a report of a violation of a restraining order on Spruce Brook Apartments Road.
15:09 Received a report of a gas drive off from Maplefields.
20:09 Received a request by Winhall Police Department to check if Route 11/30 going into their town is passable from Manchester.
22:27 Responded to a car off the road on Beech Street at High Meadow Way.
22:32 Received a report of a minor two car crash in Maplefields lot.
February 20:
02:52 Responded to a commercial false alarm at Kate Spade on Depot Street.
06:16 A female reported that she slid off the road on Bonnet Street during the night.
13:50 Received a report of teens raising funds in front of a local store, no violation.
February 21:
08:39 Assisted the Vermont State Police with a consent search on Depot Street.
11:53 Responded to a false residential alarm on West Road.
12:55 Responded to a trespassing complaint on the West Road and issued a Notice of Trespass.
15:52 The Vermont State Police requested a female Manchester officer to assist in a consent search on US Route 7 at the county line.
17:59 Assisted the Bennington County Deputy with a consent search on Depot Street.
19:16 Received a report of a dead bobcat in the road on Bonnet Street by Pig Pen Road.
21:59 Received a request to check for a possible person trespassing on the West Road.
February 22:
12:38 Discussed a partial custody situation and concerns with a parent.
13:47 A male reported his vehicle struck while parked in the Price Chopper lot, other operator left the scene.
16:26 Received a report of a pit bull running loose on Lorette Avenue.
17:58 Assisted with a vehicle lockout at the Chalet Morel annex.
February 23:
00:14 Located a reported suspicious juvenile female hiding in the bushes at the Spruce Brook Apartments.
01:15 Responded to a false glass break alarm at Friendly's on Depot Street.
09:07 Responded to a burglary at Manchester Woodcraft on Depot Street.
09:40 Received a report of a dog running at large on Bonnet Street by the Rec Park.
14:43 Received a report of a juvenile female out of control at a residence on Murray Hill South Road.
16:38 Received a report from a female that she thinks someone had been in her motel room.
18:44 A cell caller reported a vehicle operating erratically on US Route 7 and then Depot Street.
February 17:
08:23 Responded to a fire in the wall at 104 Bonnet Street.
February 20:
16:17 Responded to a residence for a smoking electrical outlet at 59 Side Road.
If you'd like to leave a comment (or a tip or a question) about this story with the editors, please email us. We also welcome letters to the editor for publication; you can do that by filling out our letters form and submitting it to the newsroom.


text:
Choo, Hanigan out of lineup with minor injuries
By Mark Sheldon / MLB.com
SURPRISE, Ariz. -- The Reds scratched a pair of regular players from Friday's starting lineup against the Royals.
Center fielder Shin-Soo Choo remained at the Reds' complex with tightness in his right quadriceps muscle. Catcher Ryan Hanigan had irritation in his left oblique area. Neither injury was considered serious.
"[Choo] is just tight. Hanigan is a little tight," Reds manager Dusty Baker said. "This is the aches and pains of Spring Training, and the aches and pains of not having much time [before games start]. Choo works hard and is in shape, so is Hanigan. They are hard-working guys. Both of them are off tomorrow, too."
The new Reds leadoff hitter after his trade from the Indians, Choo is batting .273 (3-for-11) in five games this spring. He's also making the position switch from right field to center field, which Baker felt was going well.
"My read is he's taking good routes," Baker said. "He backs up. He runs. He hustles. He can throw."
Hanigan, the Reds' primary catcher, is batting .200 (1-for-5) in three games.
Ryan LaMarre started in center field for Choo while Devin Mesoraco caught in Hanigan's place.
Latos feeling comfortable in second spring camp
SURPRISE, Ariz. -- The getting acquainted portion of his time with the Reds has long since passed for starting pitcher Mat Latos. Last spring, he arrived in the major off-season trade to help the club, making him the new kid on the block.
Latos, who made his spring debut with two scoreless innings against the Royals on Friday, is more comfortable with a year on the club behind him.
"It's comforting to know what to expect from the guys I am around," Latos said.
Latos began his start with back-to-back walks before he got a fly out to left field and an inning-ending 4-6-3 double play on the ground. With one exception, he threw all strikes in the second inning and allowed only a two-out double by Xavier Nady before escaping. Latos felt like he made the right adjustment in the second.
"I stayed on a straight line," said Latos, who threw 24 pitches overall, including 17 strikes. "Throwing in the first inning with a little adrenaline, I kind of opened up the front shoulder a little bit."
During his first season with Cincinnati, Latos was 14-4 with a 3.48 ERA, and his 33 starts and 209 1/3 innings pitched were both career highs.
The first month was rocky as Latos had a 5.97 ERA in five April starts before straightening out and finishing strong the rest of the way.
"A struggle early is better than a struggle late," Reds manager Dusty Baker said. "You're going to struggle. If you don't struggle, you don't win 20 games. You're going to struggle some if you win 20 games. I will just take more of the same. That's pretty good for a kid, to be 14-4 and struggle."
Broxton's strong spring continues
SURPRISE, Ariz. -- Expected Reds closer Jonathan Broxton has had only two outings this spring thus far, but has made them relatively quick work. Broxton has retired all six batters faced, including his one perfect inning on Friday against the Royals.
"I feel good. It's still early," Broxton said. "I'm still working on getting in shape, getting the arm there and working on my timing. All of my pitches aren't there. We've still got a month."
Broxton, who was re-signed to a three-year, $21 million contract in November, will be the team's closer if the Reds ultimately decide at the end of camp that former closer Aroldis Chapman will go into the rotation.
The Reds acquired Broxton in a July 31 trade with the Royals for Minor League pitchers J.C. Sulbaran and Donnie Joseph. It was the first time he worked against Kansas City.
"It felt a little weird out there going against the team I was with last year for a half season," Broxton said. "It doesn't matter, we're still professionals out there and you still have to go about your business, no matter what."
Mark Sheldon is a reporter for MLB.com. Read his blog, Mark My Word, and follow him on Twitter @m_sheldon This story was not subject to the approval of Major League Baseball or its clubs.


text:
This study is provided by ICPSR. ICPSR provides leadership and training in data access, curation, and methods of analysis for a diverse and expanding social science research community.
Family and Population Control Study: Puerto Rico, 1953-1954 (ICPSR 7062)
Principal Investigator(s): Back, Kurt W.; Hill, Reuben; Stycos, J. Mayone
This study was conducted in 1953 and 1954 in both urban and rural areas of Puerto Rico. The interviews explored the relationship between husband and wife in questions about family organization and role, degree of intimacy, sexual relations, and satisfaction with the marriage. Further variables probed attitudes toward children: ideal family size, the importance of children in marriage, and parent-child relations. The study also examined the respondents' attitudes toward birth control, knowledge of where to obtain birth control materials, and birth control methods the respondents used. Derived measures include several Guttman scales. Of the total sample, 566 interviews were conducted with wives only, and 322 with husbands and wives together.
Access Notes
One or more data files in this study are set up in a non-standard format, such as card image format. Users may need help converting these files before they can be used for analysis.
Data in this collection are available only to users at ICPSR member institutions. Please log in so we can determine if you are with a member institution and have access to these data files.
ASCII + SAS Setup SPSS Setup Stata Setup
Study Description
Back, Kurt W., Reuben Hill, and J. Mayone Stycos. Family and Population Control Study: Puerto Rico, 1953-1954. ICPSR07062-v2. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 2009-11-13. https://doi.org/10.3886/ICPSR07062.v2
Persistent URL: https://doi.org/10.3886/ICPSR07062.v2
Export Citation:
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- EndNote XML (EndNote X4.0.1 or higher)
Scope of Study
Subject Terms: birth control, children, families, family planning, family size, husbands, marital relations, population, rural areas, sexual attitudes, wives
Geographic Coverage: Global, Puerto Rico, West Indies
- 1953--1954
- 1953--1954
Universe: Nuclear families in Puerto Rico, with the husband and wife married 5 to 20 years and living together, having at least one child, and with an education level of six grades or less.
Sample: Two sampling designs were used in this study: an area probability sample to determine the extent and knowledge of contraception, and a quota sample drawn to include a sufficient number of families with different birth control experiences. The quota sample was selected from two subsamples of families that had attended outpatient departments and pre-maternal clinics of nine public health centers representing different regions (seven rural, two urban) of Puerto Rico. These families fell into four different categories: those who had never used birth control devices, active users of these devices, those who had stopped using methods of birth control, and those who had been sterilized. In addition, the quota sample was stratified by rural-urban residence and length of marriage.
personal interviews
Extent of Processing: ICPSR data undergo a confidentiality review and are altered when necessary to limit the risk of disclosure. ICPSR also routinely creates ready-to-go data files along with setups in the major statistical software formats as well as standard codebooks to accompany the data. In addition to these procedures, ICPSR performed the following processing steps for this data collection:
- Created variable labels and/or value labels.
Original ICPSR Release: 1984-05-10
- 2009-11-13 SAS, SPSS, and Stata setups have been added to this data collection.
Related Publications
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If you're looking for collection-level metadata rather than an individual metadata record, please visit our Metadata Records page.


text:
Seratu wrote:Out of curiosity, is there anything like the East Train Alliance going to Prime? This year is my second East, and I kind of want to see the con that started the fun, and it seems like an awesome way to get there.
01-13-12 Some of you have been wondering...
PAX Prime 2012 will take place over Labor Day Weekend, from August 31st through September 2nd.
zerzhul wrote:1) yes and yes
2) yeah
3) $60 was last year, it might go up, but not by much (for a 3-day pass, which is what you want). There are no special all-access or whatever passes that people can get.
4) PAX works with a 3rd party hotel service, OnPeak, to get great deals on great hotels. You want to use that unless you can get some super awesome deal without it. The link will go up on these forums and via twitter (and on the front page of the pax website, but twitter and here are better places to look). It will go up within a month (most likely) after PAX East is over. Just check obsessively ;)
5) All of them. Only BYOC (basically a LAN party at pax) requires you to bring your own PC. It is a very awesome but very small part of pax as a whole. To get an awesome idea about what happens at pax, go to http://www.paxcommunitydvd.net/ and get the East 2010 community dvd. While the venue is obviously different, and the content won't be the exact same stuff, it's an awesome primer for the "stuff" at pax.
6) all of the above. There's a pax-people led tour of the city that happens the Wednesday and Thursday prior to pax, even if you don't participate directly, the thread (which goes up in the summer usually) has great ideas about where to go and what to see.
7) you answered that in 2, but if you want more details, it's 10am-2:30am Friday and Saturday, and then 10am-7pm Sunday
8) keep an eye on the forums for PAX Prime events, after PAX East is over (April) for TONS of prime information... we're mostly focused on East right now. Also, you need to follow official_pax on twitter for official announcements (link)
Nirem wrote:6. What else is there to do in seattle? (Will be there for 8 days) (museums, metal/rock concerts/ tourist attractions / restaurants / malls)
8. What else should I know?
Waterfiend wrote:Out of curiosity, when the OnPeak deals become available, what are the best hotels for the money? Best "good" hotel? Best budget hotel? Thanks.
perinigricon wrote:Any idea as to when Enforcer application starts for Prime '12 (assuming I haven't missed it already?)
wynnie wrote:Hello! I have previously been accepted to speak at PAX East, and would like to make a submission for PAX Prime. Seattle is my hometown, so I am always excited to attend the Prime! Is there a specific form to be submitted for this? Thanks!
Programming Submission: "The Healthy Gamer: Living a Totally Awesomesauce Balanced Life."
Does your lvl 85 Shaman have a hot Blood Elf girlfriend, but you are afraid to talk to girls in rl? Does your entire social life consist of your guildies or raid group? This is the case for many of us dedicated gamers (including myself!). If this sounds familiar, let's talk about building social skills and maintaining a healthy life balance whilst still participating in the online worlds that we love. Topics of discussion are physical health, especially for some of us whose arteries are clogged with hot pockets, and social health and balance- which includes maintaining healthy relationships, maintaining employment, and remembering to take a shower! With a little grinding in the right areas, you too can complete the quest-chain that earns you the title "Totally Awesomesauce Healthy Gamer!"


text:
Trembley appreciates relationship with O's players
By Brittany Ghiroli and Chris Abshire / MLB.com
HOUSTON -- There are still seven players remaining on the Orioles' roster who were managed by Astros third-base coach Dave Trembley, who was the skipper in Baltimore from June 18, 2007, until June 4, 2010. He joined the Astros prior to this season.
The players Trembley managed are Adam Jones, Nick Markakis, Matt Wieters, Jim Johnson, Troy Patton, Chris Tillman and Brian Matusz. Trembley was the first big league manager for Tillman, Matusz and Jones, and he had Markakis in the instructional league.
"They've all become Gold Glove, All-Star players," Trembley said. "They had a tremendous amount of ability and they learned to play Major League Baseball at the Major League level. All of them spent limited time in the Minor Leagues, much like the young man they have over there in [Manny] Machado. It was because of their makeup that they could handle it."
Trembley keeps in touch with as many of the players as he can and takes pride in their careers.
"I'm very proud and appreciative of the relationship I've had with those guys," he said. "I think if you ask all those guys, they would be very honest and say we were patient with them and very supportive."
Showalter appreciates McLouth's baserunning instincts
HOUSTON -- Largely lost in the Orioles' 4-1 win over the Astros on Tuesday night was the continued presence of left fielder Nate McLouth on the basepaths.
McLouth manufactured an add-on run in the eighth inning, connecting for a leadoff single off Astros reliever Wesley Wright and stealing second base with Manny Machado at the plate. After Machado struck out, McLouth stole third and dashed home as catcher Jason Castro's throw skipped into left field, extending his team lead to 21 steals.
"He can really accelerate into the bag on a slide," manager Buck Showalter said of McLouth. "A lot of guys slide and they lose about a half a step slowing down or tucking the legs. He almost accelerates. I was telling Adam [Jones] about that in the dugout the other day, by the time he stole second [Tuesday night], Adam said, 'Like that?' The last 10 feet last night he looked like he was going to be out, but he finishes real well at the bag. It's a nice element to have."
McLouth entered Wednesday tied for the American League lead with Jacoby Ellsbury and is 33-for-35 since joining the Orioles during the 2012 season.
Worth noting
• Eight players and associated staff visited the NASA facility prior to Wednesday's game and got a special tour.
• Triple-A Norfolk outfielder Lew Ford will undergo groin surgery on Thursday in Philadelphia with Dr. William Meyers. The procedure, which will remove some scar tissue from this winter's sports hernia, doesn't necessarily rule him out to return this season, but it's unlikely he'll return.
• Wilson Betemit (right knee injury) started hitting in the cage for the first time on Tuesday, but Showalter said it will be a long rehab as the team eases him back in and wants to make sure he builds up the proper strength in that area. There is no timetable for his return.
• Wei-Yin Chen (left oblique strain) did another 25 throws from 60-75 feet in extended spring training on Wednesday, repeating Tuesday's work, and continues to report no pain.
• The Casey Cares Foundation's fourth annual Casey Cares 5K will take place on Saturday, Aug. 3, at 8 a.m. ET at Camden Yards in partnership with OriolesREACH. Outfielder Nick Markakis and his wife Christina will serve as race ambassadors for the event with proceeds benefitting the Casey Cares Foundation, which provides uplifting and ongoing programs with a special touch to critically ill children and their families. Registration for the race is open now through Aug. 3, and both teams and individuals are encouraged to register. Entry fees are $30 per person through June 7; $35 per person June 8 - Aug. 2; and $40 on race day. To register, visit http://www.caseycares5k.org.
• The Orioles have announced a series of Vote Orange rallies aimed to further boost the efforts of the Vote Orange Campaign launched in April. The Vote Orange Street Team will be accompanied by The Oriole Bird and will give away game tickets, Vote Orange gear, and other promotional items to reward fans who #VoteOrange. The current list of rally dates and locations can be found on www.orioles.com/voteorange.
Brittany Ghiroli is a reporter for MLB.com. Read her blog, Britt's Bird Watch, and follow her on Twitter @britt_ghiroli. Chris Abshire is an associate reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.


text:
Fitting finishing touch by Mariano
Yankees knew title was theirs when Mo exited bullpen door
By Brittany Ghiroli / Special to MLB.com
And as closer Mariano Rivera came trotting out of the bullpen in short, understated strides, there was only one thought coursing through Jeter's mind: It's over.
"That's it," Jeter said. "It's over. It's the same feeling you have every single time he comes out of the bullpen."
With his black glove safely tucked into his right hand, Rivera joined the group of infielders surrounding the mound with the Yankees up, 7-3, and five outs away from seizing a World Series title from the defending-champion Phillies.
And as the record-setting crowd of 50,315 got to its feet -- proudly holding signs reading "Mo Town" and "We Save the Best for Last" -- Rivera put the finishing touches on the Yankees' Game 6 World Series-clinching win with the same dominance that has made the 14-year veteran a baseball legend.
"He's human; he's going to give up some runs here and there," Jeter said. "But a four-run lead? C'mon, man. We could have gone and played another nine innings."
And statistically speaking, Jeter's right. The Yankees are 203-1 all-time when Rivera pitches with a four-run lead.
Rivera's 1 2/3 scoreless innings on Wednesday night extend his World Series scoreless streak to 9 1/3 frames. In 11 postseason appearances this year, Rivera didn't blow a single save and allowed just one run, which came from the Angels in the American League Championship Series.
Mighty Mo
|Harry Brecheen
|32 2/3
|Babe Ruth
|Sherry Smith
|30 1/3
|Sandy Koufax
|Mariano Rivera
|36 1/3
|Monte Pearson
|35 2/3
|Christy Mathewson
|101 2/3
The All-Star closer entered Wednesday's game in place of reliever Damaso Marte and sandwiched a strikeout and a foul popup in between Raul Ibanez's double to end the eighth inning.
With equal parts adrenaline and emotion, Rivera admitted he used every bone in his body to try to scale back the excitement in what would be his fourth and final World Series appearance. After issuing a one-out walk to Carlos Ruiz, Rivera induced a flyout from Jimmy Rollins. As soon as Shane Victorino connected for a ground ball to second base, the Yankees' dugout emptied onto Rivera, just seconds after Robinson Cano made it official with a throw to first baseman Mark Teixeira.
"I mean, that's what you want to get to," a champagne-soaked Alex Rodriguez said of the moment the bullpen door swung open for No. 42. "Mo is obviously the greatest."
And he needed to be on Wednesday night, as Rivera tossed a personal World Series-high 41 pitches to seal New York's 27th World Series championship.
"I can't be happier than what I am right now with this special team that we have," Rivera said. "We worked hard for this one."
Rivera's 5 1/3 scoreless innings in the World Series lowered his career Fall Classic ERA to 0.99. The 39-year-old closer has been the finishing pitcher in the final game in each of the Yankees' past six World Series appearances and in 14 overall playoff series.
Wednesday marked the fourth time in Rivera's storied career that he was on the mound in the final game of all three of the Yankees' postseason series.
"It's indescribable," Rivera said of his fifth World Series ring.
Just then, several Yankees began to chant "Mo" and pour champagne on their beloved teammate.
"I think tomorrow I will feel it," he said. " [I will] sit down and say, 'You know what? We won.' And I thank God for that."
But on Wednesday night, like so many nights prior, the Yankees thanked God for Rivera.
Brittany Ghiroli is a contributor to MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.


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DETROIT - Cobo Center in downtown Detroit is undergoing a dramatic makeover.
The Regional Authority that operates the center is in its third phase of construction. The project includes removing the panels from the circular structure, which makes it possible to stand on Jefferson Avenue in downtown Detroit, look through the building, and see across the Detroit River to Canada.
"I feel a great deal of pride and happiness and joy that the City is taking another big step forward," said Bob Shuman, co-chairman of the 2014 North American International Auto Show.
Read more: Cobo renovations and Monica who?
The authority plans to spend a quarter of a billion dollars to make Cobo into a new show place along the riverfront.
The authority released a computer-generated flyover video of what Cobo is expected to look like once the work is complete, including a large glass exterior and increased convention floor space with a hydraulic rising stage.
Shuman said the upgrades are needed to keep the auto show a world class event.
"We have to do more than just stay up with these shows. We have to stay ahead of them and we have to have a world class facility or our show will fail," said Shuman. "It'll go back to being a smaller show and we don't want that, it's not good for the city, it's not good for the region."
Copyright 2012 by ClickOnDetroit.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


text:
Inter stumble at Parma
Inter Milan failed to take advantage of Juventus' defeat to AC Milan on Sunday as they fell to a 1-0 defeat at Parma.
Last Updated: 26/11/12 10:34pm
Inter Milan failed to take advantage of Juventus' defeat to AC Milan on Sunday as they fell to a 1-0 defeat at Parma.
Nicola Sansone scored the only goal of the game 15 minutes from time to give Parma a deserved win at the Stadio Ennio Tardini.
Inter were once again off colour, losing for the second time in three games since beating Juve 3-1 in Turin.
It was an indication of what was to come when Walter Samuel almost turned a cross into his own goal in the fourth minute, but Samir Handanovic was alert to the danger.
Parma certainly had no fear and continued to attack their opponents, whose only shot in the first half came from Esteban Cambiasso, but the ball was blocked on the line.
Jonathan Biabiany was particularly inspired against his former club and his shot in the 44th minute flew just wide of the far post with Handanovic standing idly by, unable to intervene even had the shot been on target.
Five minutes into the second half, Biabiany flicked a header just wide of the far post as Parma continued to dictate affairs.
A free-kick from Jaime Valdes was deflected off the knee of Cambiasso, but Handanovic had the shot covered.
Parma gained a deserved lead in the 75th minute when Sansone picked up possession inside his own half and set off on a 30-yard run which culminated in a low shot into the bottom left-hand corner of Handanovic's goal.
Inter had 15 minutes left to muster an equaliser, but it was Parma who seemed more likely to score with Yohan Benalouane's header tipped over the crossbar five minutes from time.
Parma easily held on to the win which lifted them to seventh in the table and above AC Milan, maintaining an unbeaten home record that stretches back to March.


text:
SoccerTimesfront page
List of Americans Abroad
Ching, Johnson goals down T&T 2-0, earn quarterfinal berth.
Despite shutout of T&T, U.S. leaves room for improvement.
U.S. Gold Cup win over Guatemala should have been easier.
Dempsey strike is enough for U.S. to down Guatemala 1-0 in Gold Cup.
Young Americans have easy time in dropping China 4-1.
First friendly abroad is scheduled for Sweden in August.
Keller gets 46th clean sheet in 0-0 draw with Guatemala.
U.S. men take a step back in Guatemala draw.
Donovan strikes three times to down Ecuador 3-1.
Donovan displays fine form, leading U.S. to bury Ecuador.
Guatemala, T&T and El Salvador are Gold Cup group opposition.
Argentina, Colombia, Paraguay will be Copa opponents.
Supposedly outmanned, U.S. handles Mexico in usual fashion.
Despite not being in top form, U.S. downs Denmark for successful Bradley debut.
Bradley to become interim coach, Klinsmann is not out of picture.
Gulati denies saying Pekerman would soon be hired to replace Arena.
Myernick, 51, dies four days after suffering heart attack.
McBride retires from international competition.
Arena is hired by Red Bulls to revive flagging fortunes.
Arena was not fired for failure, but need of new direction.
Reyna confirms his retirement from national team after fourth World Cup ends.
U.S. men
FOXBOROUGH, Mass. (Tuesday, June 12, 2007) - Midfielder DaMarcus Beasley struck twice, while forwards Landon Donovan and Taylor Twellman also found net for the United States which cruised to a 4-0 decision over El Salvador to complete a 3-0 record and win Group B of the CONCACAF Gold Cup before 26,523 at Gillette Stadium tonight.
The U.S. will stay in Boston, but will not learn its opponent in Saturday's quarterfinal until Group C is completed Saturday night. The American opponent will either be Guadeloupe, the Group A third-place finisher or the third-place team from Group C.
"We are happy with the results from the first three games, but we know it is going to be tough the rest of the way," Beasley said.
The U.S. did not allow a shot on goal in rolling over El Salvador, holding a 10-5 shots advantage, 9-0 on frame. The Americans are the only team among 12 in the Gold Cup to win, or have the possibility to win, all three group matches, and the only one not to concede a goal after opening with a 1-0 defeat of Guatemala and then dropping Trinidad & Tobago 2-0, both at The Home Depot Center in Carson, Calif.
Downing El Salvador was "a good win for us," said U.S. coach Bob Bradley, who has lead his team to a 7-0-1 record since being hired in December. "It's especially nice, that when the game opened up in the second half, to see some of the soccer that we put together. That's a nice reward for the hard work early in the match. In tournaments like this, the beginning of the tournament always starts with games that are pretty tight, and we knew that right away against Guatemala. So today we had a good chance to finish on a different note. Certainly we know going into the knockout stage that things will tighten up again. We look forward to it."
Despite total dominance, the U.S. did not manage a lead until Beasley scored in the 34th minute. Continual American pressure resulted in a left-side corner kick which Donovan sent into a crowd at the near post. The ball caromed out to Beasley who, facing the left post from 16 yards out, poked an easy shot into the unattended right side of the net for a 1-0 lead. Goalkeeper Miguel Montes dove to his left, but didn't come close to the shot.
"I just kind of threw my foot at it and it went in," Beasley said. "I think the turning point of the game was Landon's penalty kick (for a 2-0 advantage three minutes into first half stoppage time). That really threw them on their heels. They threw a lot at us in the first 15 minutes of the second half, but after that we were in control. It was important to get the first goal. We knew El Salvador was going to be very compact and difficult to break down. Teams know us now and know what the United States brings."
The Americans doubled its margin to 2-0 after a bizarre sequence just before intermission. After taking a pass from Donovan, midfielder Benny Feilhaber approached they top right of the penalty area and attempted to cross to the far post. Retreating El Salvador midfielder Alfredo Pacheco knocked the ball down with his left hand just as it entered the box.
Montes dove to his right to stop Donovan's first attempt on the subsequent penalty kick. The ball bounced across the face of the goal back to Donovan who tucked a shot into the right side of the net, but the goal was disallowed and the PK was ordered to be retaken because U.S. midfielder Michael Bradley had encroached into the box before Donovan shot.
On his second try, Donovan drove his shot behind Montes as he moved to his left, making it 2-0 in the fourth minute of time added to the first half. Had Donovan not put away the rebound of his PK miss, play would have continued and Donovan would not have been given a second chance.
Twellman replaced Donovan at the break and made it 3-0 in the 73rd minute. Beasley tackled a ball deep in his defensive area and charged down the left flank from before crossing to striker Brian Ching in the middle. Ching carried forward before finding Twellman approaching the top right of the box. Fropm about 15 yards out, Twellman drilled his low shot at Montes, but the ball squirted through the legs of the sliding keeper into the net for his sixth international goal.
Donovan's 31st international goal is three behind all-time leader Eric Wynalda's 34. With a record 25 career assists, Donovan has all-time best 87 points, three more than Wynalda. The tally was also Donovan's ninth in the Gold Cup, tying him with Wynalda for the most by an American in the tournament.
In the 89th minute, Ching made a long run from his side of the center stripe down the left center of the field, touching right to midfielder Clint Dempsey as the approached the box. Just before crossing the 18-yard line, Dempsey fed Beasley, who was approaching the right post. Beasley had an easy finish from seven yards out for his 15th international goal to make it 4-0.
Notes: Midfielder Pablo Mastroeni returned to the U.S. lineup after completing a three-game suspension from his red card against Italy last June in the World Cup. Only "official" matches -- those in major competitions -- counted in the ban.
Feilhaber was the only player to start for the U.S. in all three Group B matches.
Making its ninth tournament appearance, the U.S. is 21-0-1 in Gold Cup group matches.
Lineups: United States - Tim Howard, Jonathan Spector (Frank Simek 81), Oguchi Onyewu, Michael Parkhurst, Jonathan Bornstein, Michael Bradley (Brian Ching 64), Pablo Mastroeni, Benny Feilhaber, Landon Donovan (Taylor Twellman 46), DaMarcus Beasley; Clint Dempsey. El Salvador - Miguel Montes, Leonel Guevara (Manuel Salazar 46), Jose Henriquez, Ramiro Carballo (Julio Martinez 46), Ramon Sanchez, Dennis Alas, Alexander Escobar, Alfredo Pacheco, Jose
Martinez, Juan Campos (Cesar Lario 77), Ronald Cerritos
United States - Beasley (unassisted) 34.
United States - Donovan (penalty kick) 49+.
United States - Twellman (Ching) 73.
United States - Beasley (Dempsey) 89.
Shots: United States 10, El Salvador 5
Shots on goal: United States 9, El Salvador 0
Saves: United States 0, El Salvador 4
Corner kicks: United States 3, El Salvador 1
Fouls: United States 15, El Salvador 11
Offside: United States 3, El Salvador 0.
Yellow card cautions: United States - Bradley 10, Mastroeni 46+, Onyewu 56; El Salvador - Guevara 19, Campos 29, Cerritos halftime.
Referee: Benito Archundia (Mexico).
Referee's assistants: Jose Luis Camargo (Mexico), Alejandro Azofeifa (Costa Rica).
Fourth official: - Javier Jauregui (Antigua & Barbuda).
Attendance: 26,523 at Gillette Stadium in Foxborough, Mass.
Weather: 65 degrees, cloudy.
Do you have a comment on this story or something to say about soccer in general? Send us a letter.


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American Samoa Gov' t v. Whitney,
AMERICAN SAMOA GOVERNMENT, Plaintiff
SCOTT WHITNEY, Defendant
High Court of American Samoa
Trial Division
CR No. 26-91
November 1, 1991
The overlap of the statutes defining sodomy and deviate sexual assault does not violate a criminal defendant's due process. A.S.C.A. § 46.3611 and A.S.C.A. § 46.3612.
There is no need for application of the rule of lenity, where two statutes that overlap do not possess internal conflict or ambiguity.
When the statutes in question clearly define the conduct proscribed and the punishment [20ASR2d30] available under each, due process is satisfied.
In passing both a sodomy and a deviate sexual assault statute, the Fono has indicated that a prosecutor has the discretion to chose between charging a Class B or Class C felony for the same conduct, A.S.C.A. § 46.3611, § 46.3612
As each of two statutes has its own penalty provisions, neither a prosecutor nor a defendant is free to choose among various sentencing provisions.
It is unclear to what extent equal protection apples in American Samoa, because the Revised Constitution of American Samoa contains no equal protection clause.
Before KRUSE, Chief Justice, LOGOAI, Associate Judge, and BETHAM, Associate Judge.
Counsel: For Plaintiff, Thomas E. Dow, Assistant Attorney General
For Defendant, Robert A. Dennison III
The defendant Scott Whitney ("Whitney") has moved to dismiss the information, claiming "ambiguity" in the Sodomy statute under which he has been charged. He argues that the elements of the crimes of Sodomy and Deviate Sexual Assault impermissibly overlap, since either crime could be charged under the American Samoa Code when a person has deviate sexual intercourse with a person aged 14 or under, as Whitney allegedly did, or without the consent of the other person.(1) [20ASR2d31]
Whitney contends that the overlapping statutes are ambiguous because the potential maximum penalties for Sodomy, a Class B felony, and Deviate Sexual Assault, a Class C felony, vary widely (15 or 7 years respectively; Defendant's Brief, at 2). He claims that this overlap violates due process because it fails to notify the defendant of the conduct proscribed and the penalty imposed. Accordingly, he argues that the information charging him is defective and should be dismissed. Alternatively, he asserts that he must be sentenced only under the lesser penalty available for Deviate Sexual Assault, if he is found guilty as charged.
For reasons given below, we hold that the overlap in the statutes do not violate due process, and that the motion for dismissal is denied. The arguments tendered by Whitney are the very sort of arguments that were addressed and rejected by the United States Supreme Court in the case United States v. Batchelder, 442 U.S. 114 (1979).
I. Batchelder
This case dealt with two overlapping provisions (one in Title IV, one in Title VII) of the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act). Both statutes prohibit a convicted felon from receiving firearms, but they authorize different maximum penalties. Id. at 116. The defendant in Batchelder was convicted under the statute with the longer sentence.
The Court of Appeals below had held that only the lesser penalty provision could be applied. In reversing this decision, the Supreme Court reasoned that the Court of Appeals' analysis had erroneously relied on three principles of statutory construction: the rule of lenity, implied repeal, and avoidance of constitutional issues. [20ASR2d32]
The Court of Appeals had also suggested three possible constitutional violations: due process, through lack of notice; equal protection, through selective enforcement; and equal protection, through delegation of a legislative power (fixing available sentences) to the executive. These suggestions were similarly dismissed by the Supreme Court.
A. Statutory Construction
The Supreme Court first considered the rule of lenity: that "ambiguities in criminal statutes must be resolved in favor of lenity." Id. at 121. The Court stated that, while this principal of construction applied to sentencing as well as to substantive law, it saw no ambiguity in the provisions of the Omnibus Act in question. The Court went on to note that
[r]espondent unquestionably violated § 922(h), and § 924(a) unquestionably permits five years' imprisonment for such a violation. That § 1202(a) provides different penalties for essentially the same conduct is no .justification for taking liberties with unequivocal statutory language.
Id. at 122. Thus, the Court concluded, "[w]here ...'Congress has conveyed its purpose clearly, ...we decline to manufacture ambiguity where none exists."' Id. (quoting United States v. Culbert, 435U.S. 371, 379 (1978). Here, contrary to Whitney's arguments, we find no "internal conflict and uncertainty" existing in the present case necessitating resort to rules of statutory construction. The defendant's application of the rule of lenity is misplaced since there is no ambiguity presented in the statutory language under consideration.
B. Constitutional Issues
1. Due Process
The Batchelder Court next considered whether the statutes concerned were void for vagueness. The Court noted that a "criminal statute is [void for vagueness] ...if it 'fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden.'" Id. at 123 (quoting United States v. Harriss, 347 U.S. 612, 617 (1954). Again, the Court stated that this doctrine also applied to vague sentencing provisions. But in applying this doctrine to the Omnibus Act, the Court [20ASR2d33] concluded that
[t]he provisions in issue here, however, unambiguously specify the activity proscribed and the penalties available upon conviction.
[cite omitted] That this particular conduct may violate both Titles does not detract from the notice afforded by each. Although the statutes create uncertainty as to which crime may be charged and therefore what penalties may be imposed, they do so to no greater extent than would a single statute authorizing various alternative punishments.
Id. at 123. Likewise, the American Samoa Code provisions at issue clearly define the conduct proscribed and the punishment available under each statute. Although the statutes considered in Batchelder did pose some uncertainty "as to which crime may be charged and therefore what penalties may be imposed," this is not the uncertainty with which the Due Process Clause is concerned.
2. Unfettered Discretion
The Batchelder Court also dismissed as "factually and legally unsound" the claim of the .defendant that the differing provisions permitted the prosecutor "unfettered discretion" and thus implicated due process and equal protection concerns. Id. at 124. The Court noted that selective enforcement is subject to constitutional constraints, but held that the choice between two statutes enacted by the legislature does not constitute "unfettered discretion". Id. at 125, cited with approval in American Samoa Government v. Macomber, 8 A.S.R.2d 182, 185 (1988) aff'd, 12 A.S.R.2d 29 (1989). The government may exercise discretion to choose the statute under which to prosecute when an act violates more than one criminal statute, so long as it does not discriminate against a class of defendants. Batchelder, supra, at 123-24; Macomber, supra, at 185 (the legislature may discriminate against the conduct of driving with a license suspended for drunk driving, as opposed to all other suspensions). As the Supreme Court further explained,
there is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements.... [20ASR2d34] ...The prosecutor may be influenced by the penalties available upon conviction, but this fact, standing alone, does not give rise to a violation of the Equal Protection or Due Process Clause.
Batchelder, supra, at 125.
Thus, if a defendant had deviate sexual intercourse by forcible means, the prosecution would have the discretion to charge either Sodomy, which explicitly includes force as an element, or Deviate Sexual Assault, even though it does not mention force. The Supreme Court's explanation shows that there is no difference between this discretion and the discretion available in deciding to prosecute under the Sodomy statute or the Deviate Sexual Assault statute when the defendant has allegedly had deviate sexual intercourse with someone 14 years of age and under.
A prosecutor also has the discretion to charge a Class B or a Class C felony for Deviate Sexual Assault if the perpetrator inflicts serious bodily injury or displays a deadly weapon. Thus, contrary to Whitney's claims, the Fono did indicate "that the prosecution should have discretion in deciding to charge a Class B or Class C felony for the same prohibited conduct." Defendant's Brief, at 5.
Furthermore, it is unclear to what extent equal protection applies in American Samoa, because the Revised Constitution contains no equal protection clause. However, as this Court has previously held, "[i]f any equal protection clause applies to this case it is the one construed definitively in Batchelder." Macomber, supra, at 188.
3. Delegation of Legislative Power
Finally, the Court discussed the alleged delegation of the legislative power to fix penalties to the executive branch, but quickly concluded that th legislature had fixed the range of penalties by passing the statutes, having the executive to choose within these fixed boundaries. Batchelder, supra, at 126.
II. Distinguishing Batchelder?
Whitney alternatively submits that Batchelder is distinguishable by arguing that the statutes here considered are part of a "comprehensive scheme" while the Batchelder statutes are "independent statutes" and thus could not have "internal uncertainty." Defendant's Brief, at 5. The [20ASR2d35] argument alludes to certain discussion in the Batchelder opinion regarding Congressional intent "to enact two independent gun control statutes... [as] is confirmed by the legislative history of the Omnibus Act." Id. at 119 (emphasis added).
We think the reliance is misplaced. As noted above, the Court of Appeals had held that Congress had intended that all defendants convicted under either of the statutes should be sentenced under the statute with the lesser penalty.(2) In light of this holding, the Supreme Court was establishing that "each Title unambiguously specifies the penalties available to enforce its substantive proscriptions," Id., and that Congress clearly understood that the prosecution could not pick and choose among the sentencing provisions available under the Omnibus Act. Id. at 121.(3) In other words, each statute had its corresponding penalties, and the links between them were not interchangeable. The American Samoa statutes in question likewise each have their own penalty provisions, showing that neither the prosecutor nor the defendant is free to pick and choose among the various sentencing provisions. Batchelder is therefore not distinguishable on this basis.
Also noteworthy is the fact that the federal statutes were, if not "enacted as a whole," at least enacted as part of the same Omnibus Act in 1968.(4) Both the House and the Senate briefly considered the relationship between Title IV and Title VII just before passing Title VII, and both were reassured that the two would complement one another. Id. at 119. This history indicates that there would be nearly the same [20ASR2d36] potential for "internal conflict and uncertainty" as in the American Samoa Code sections, and yet the Supreme Court regarded the statutes as independent for the purposes of its Batchelder analysis. Again, this interpretation emphasizes that the "independence" at issue meant only that each provision was complete, with its own sentencing provision.
Even if a distinction exists, it is a distinction without a difference. The uncertainty created by such a "comprehensive scheme" would be no more than that of" a single statute authorizing various alternative punishments," Id. at 123, which was approved by the Supreme Court in Batchelder.
The defendant may be charged under either Sodomy or Deviate Sexual Assault, and he may be sentenced (if found guilty) under the sentencing provisions corresponding to the charged offense. Motion to dismiss is denied.
It is so Ordered.
(a) A person commits the crime of sodomy if:
(1) he has deviate sexual intercourse with another person to whom he is not married without that person's consent or by the use of forcible compulsion; or
(2) he has deviate sexual intercourse with another person who is 14 years of age or less.
§ 46.3612 Deviate Sexual Assault: (a) A person commits the crime of deviate sexual assault if he has deviate sexual intercourse with another person to whom he is not married without consent or who is incapacitated or who is 14 years of age or less.
The statutes do differ in some details. Only Deviate Sexual Assault may be charged when a person has deviate sexual intercourse with an incapacitated person, and only Sodomy expressly includes in the definition having deviate sexual intercourse by use of forcible compulsion.
2. In Batchelder, the lesser penalty was the lesser prison sentence; See footnote 7 of the opinion, which discusses the anomalies caused by this construction of these two statutes, because the statute with the shorter prison sentence also has the larger fine.
3. Footnote 7 of the opinion clarifies this even further: "The anomalies created by the Court of Appeals' decision further suggest that Congress must have intended only the penalties specified in § 924(a) to apply to violations of § 922(h)." Batchelder, 442 U.S. at 121 n.7.
4. "Four months after enacting the Omnibus Act, the same Congress amended and re-enacted Titles IV and VII as part of the Gun Control Act of 1968." Batchelder, 442U.S. at 120, n.6. Thus, they were eventually "enacted as a whole," and this Gun Control Act, too, "treats the provisions of Titles IV and VII as independent and self-contained."


text:
LAKE CITY, Fla. -- Lake City (Fla) Columbia Rivals100 offensive tackle Laremy Tunsil is usually not big on doing interviews and never has been one to take credit for his athletic achievements.
But on Friday the five-star prospect received another great accolade when he was presented his jersey for the Army All American Bowl, an experience Tunsil said was very humbling.
"I'm very excited right now to get this jersey, it's great," Tunsil said. "I don't really know what else to say but 'Thank God.' "
The 6-foot-6, 295-pounder's high school head coach, Brian Allen, played his college ball at Florida State. He said looking back at all the talented players he spent time around playing college ball reminds him a lot of his left tackle.
"Being his coach and watching him get this makes you feel really special, not only for myself but for this community," said Allen. "I am also born and raised in Lake City, and to see these guys grow up here to and make that next level ... it makes us proud that we have a product like that coming out of this community. I've played with great players in both college and the NFL, and this kid reminds me a lot of them already at the high school level."
Aside from football, Allen praised his prized tackle's attributes.
"He is just a humble individual. Some of these kids his age are all over the place doing all these crazy things, but Laremy is humble. That's not just a credit to me but his parents that have been there and stayed firm. That's just going to help his career in the long run with his humility."
Tunsil's former high school teammate and current Florida State Seminole Timmy Jernigan was also an Army All-American in the class of 2011. Tunsil said that is when he knew he also wanted to be a part of this event.
"Timmy told me I'm next [when he received his jersey]."
With regard to his recruitment, Tunsil had previously stated Georgia and Alabama were the top schools he was considering for his services. While those two schools still may be on top, there are two other teams still in the running.
"They're still on top," Tunsil said of the Bulldogs and Tide. "I have a relationship with all the coaches, and that's the main part in my recruiting process. Florida State is number three and Florida is right there in the mix."
Tunsil plans to take all five of his official visits at the end of the season and said Alabama, Georgia, LSU, USC, and Ole Miss are still his destinations.
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text: Venardhi, I hope you don't take this in a negative way, because it's not the intent. I have no idea about Rama and his lifestyle so I can't speak for him. I'd love to have his size lol but that's very hard to achieve even for me who can put on muscle relatively easy. The biggest problem for me is that I am an endomorph, so sure, I can put on muscle, but I usually end up putting on fat even easier. So dude you're not the only one who struggles with that. The way I structure my eating habits right now is that I think of cheat meals as something to look foward to. So for example, I will probably have Popeye's today for lunch. But I'll order 2 pieces with no fries, and a diet soda. I find I stop the cravings for junk food like this, while keeping my calories low. My other meals are super lean, either Protein shakes, or salad with tuna/chicken breasts, etc. To keep the weight off what you need is to do it build muscle. I see so many guys that don't lift weights. There's one guy in particular who is like 140lbs and still has a bit of a belly. He's obsessed with losing it, but it won't happen if he doesn't lift weights, as he's weak and small everywhere else. I'll sum it up with something I saw on someone's desk a while back. It was a saying: "Nothing tastes as good as skinny feels". It's up to you to decide if that applies to your life.