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If the Hunt High varsity softball team were a 2-A program, then the Lady Warriors would conceivably feel right at home in the confines of the Eastern Plains Conference.
One night after snatching an extra-inning victory at home over Farmville Central, the Lady Warriors kept their bats active against county rival Beddingfield on Tuesday, producing a season-high 16 hits and stampeding to a 20-3 victory in five innings.
Hunt (2-3) of the 3-A Big East Conference scored in each inning but the fifth, posting four runs in the first, second and fourth innings. An eight-run third exacerbated the offensive gluttony.
Senior Allyson Matthews was 5 for 5 with a pair of doubles and an RBI, with junior Brianna Tucker going 3 for 3 with a double and two RBIs.
Sophomore Faith Matthews and freshman Madison Mercer each homered, with Mercer driving in four runs. Faith Matthews hit a two-run homer.
Beddingfield (3-2) did not help its cause with five errors. Hunt's Brittany Glover, a senior, was credited with the win after allowing two hits over three innings.
The Lady Bruins had four hits. Junior Alexis Hayes drove in a run for Beddingfield, while in the circle, sophomore Neleh Bottoms was saddled with the loss.
"We knew what we were in for as far as Hunt offensively," Beddingfield head coach Jeremy Howard said. One through six, they hit it hard, but they hit it hard one through nine."
Beddingfield visits Northern Nash on Wednesday, while Hunt hosts West Johnston at 7 in a game that was moved from its original site in Benson.
Score by innings:
Hunt 448 40 — 20
Beddingfield 100 02 — 3
WP-Brittany Glover 3 IP, 2 H, 1 R, 1 ER, 2 BB, 0 SO. LP-Neleh Bottoms.
LEADING HITTERS — Hunt: Brianna Tucker 3-3, 2B, 2 RBI, Madison Mercer 2-5, HR, 4 RBI, Faith Matthews 1-4, HR, 2 RBI, Allyson Matthews 5-5, 2 2B, RBI, Desi Norris 2-3, 2 RBI; Beddingfield: Alexis Hayes 1-2, RBI, Kaitlin Abrams 1-3, Karissa Hayes 1-2.
Pam Pack's Tucker mows down GC
WASHINGTON — After a pair of wins to start the season, the Greene Central varsity softball team ran into the buzzsaw that is the right arm of Washington junior pitcher Abbi Tucker in the 2-A Eastern Carolina Conference debut for both squads Tuesday.
Tucker, who was the ECC Pitcher of the Year in leading the Pam Pack to an unbeaten run through the conference last spring, was back in that form as she fired a four-hit shutout, walked none and struck out eight in handing the Lady Rams their first loss 6-0. Tucker (3-0), who drove in two runs despite not getting a hit, had given up 10 runs in a win against D.H. Conley last Friday.
The Pam Pack (3-0) rattled Lady Rams sophomore starter Laura Wade for nine hits. Two of Washington's runs were unearned.
Greene Central hosts Eastern Wayne in a nonconference outing Wednesday at 6 p.m.
Score by innings:
Greene Central 000 000 0 — 0
Washington 014 001 x — 6
WP-Abbi Tucker (3-0) 6 IP, 4 H, 0 R, 0 BB, 8 SO. LP-Laura Wade (2-1) 6 IP, 9 H, 6 R, 4 ER, 2 BB, 6 SO.
LEADING HITTERS — Greene Central: Allison Wade 1-2. Washington: Mary Emma Holscher 2-3, 2 RBIs; Lily Wright 1-3, 2 RBIs.
Lady Chargers swarmed by EWA
ZEBULON — In all likelihood, the Wilson Christian softball team is ready to see another team other than East Wake Academy on its schedule.
For the second time in a five-day span Tuesday, the Lady Chargers were handed a lopsided defeat by EWA in a 16-1 decision. That followed Friday's 24-6 loss at the hands of the 1-A North Central Conference Eagles that left the reigning North Carolina Christian School Association 2-A champion Lady Chargers winless through two games.
WCA was held to one hit off the bat of senior McKenna Griffin as the Lady Chargers posted their only run in the third. Freshman Jennifer Edmondson took the loss in the circle for WCA.
East Wake Academy (2-1) pounded out 13 hits, with freshman Jennifer Edmondson getting the loss for WCA.
Wilson Christian is at Wake Christian on Monday.
Score by innings:
Wilson Chr. 001 00 — 1
East Wake Acad. 455 2x — 16
WP-Avery Privette 3 IP, 0 H, 1 R, 1 ER, 6 BB, 4 SO. LP-Jennifer Edmondson 4 IP, 13 H, 16 R, 11 ER, 4 BB, 2 SO.
Lady Falcons grounded by Conley
WINTERVILLE — The C.B. Aycock varsity softball team dropped below .500 in 3-A/4-A Eastern Carolina Conference play after a 7-0 road loss to D.H. Conley on Tuesday evening.
The Lady Golden Falcons (4-3, 1-2 ECC) could only mount one hit, a single by Abbey Thomas, against Lady Vikings sophomore starting pitcher Lauren Wiles, who pitched all seven innings for the shutout and struck out 11 while walking two.
Marie Kidd was the losing pitcher for the Golden Falcons as she pitched six innings and gave up seven runs, five earned, and struckout three while walking two. The game was scoreless heading into the bottom of the fourth until Conley (3-1, 2-0 ECC) broke through with four runs.
Aycock will hit the road again Friday with a chance to even up its conference record against Eastern Wayne at 5 p.m.
Score by innings:
C.B. Aycock 000 000 0 — 0
D.H. Conley 000 403 x — 7
WP-Lauren Wiles 7 IP, 1 H, 0 R, 2 BB, SO 11. LP-Marie Kidd 6 IP, 6 H, 7 R, 5 ER, 2 BB, 3 SO.
LEADING HITTERS — C.B. Aycock: Abbey Thomas 1-2. D.H. Conley: Trinity Nichols 2-3, 2 RBIs; Madison Rose 1-2, HR, 3 RBIs.
Greenfield doubles up Ridgecroft
MURFREESBORO — The Greenfield School boys tennis team opened its 2019 season Monday, getting wins in four of the six singles matches en route to posting a 6-3 victory over Ridgecroft on the campus of Chowan University.
Greenfield, a 1-A member of the 1-A/2-A Coastal Plain Independents Conference, won at the Nos. 1-4 singles positions, with McGuire Metts, Cabell Metts, Frankie Peele and Amz Hoffner all winning in straight sets. Hoffner, at No. 4 singles, dispatched his opposition by a 6-0, 6-0 margin.
In doubles, the teams of Metts-Metts and Peele-Hoffner clinched the outcome at the top two doubles flights. Metts-Metts won 8-3 at No. 1, with Peele-Hoffner following at No. 2 with an 8-2 showing.
The Knights are at Rocky Mount Faith Christian on Friday.
Warriors top Knights in Big East debut
ROCKY MOUNT — Hunt won all three tiebreakers on the way to a 6-3 win at Northern Nash in the 3-A Big East Conference boys tennis opener for both teams Tuesday.
The Warriors, now 2-0 overall, got singles wins at Nos. 3 and 4 from Matt Prasasouk and Ben Tong after the Knights won the first two singles seeds. Sam Candelario then pulled out a 10-8 third-set tiebreaker to beat Northern Nash's Noah Davis at No. 5. Julian Hernandez rallied from a 7-5 loss in the first set of his sixth-seed singles match against Nick Murphy to win the second set 7-5 and force a third-set tiebreaker, which Hernandez won 10-6.
Hernandez teamed with Tong to pull out a 10-6 tiebreaker at No. 3 doubles. Hunt's Jae Jin Lee-Candelario won No. 2 doubles.
The Warriors will host Princeton in a nonconference match Wednesday after the teams finish a match that was halted due to darkness at Princeton on March 6. Hunt leads 4-3 with two doubles matches still undecided.
Owen Hans (NN) 6-1, 6-0; Ashton Palmer (NN) def. Jae Jin Lee 6-3, 6-1; Matt Prasasouk (H) def. Jay Patel 6-3, 6-1; Ben Tong (H) def. Eric Bass 6-2, 6-3; Sam Candelario (H) def. Noah Davis 6-2, 5-7, (8); Julian Hernandez (H) def. Nick Murphy 5-7, 7-5, (6).
Hans-Palmer (NN) def. Taylor-Prasasouk 8-1; Lee-Candelario (H) def. Patel-Davis 8-5; Tong-Hernandez (H) def. Bass-Murphy 9-8(6)
Warriors stay unbeaten, blank Bruins
The Hunt High varsity baseball team kept up its unbeaten start to 2019 on Tuesday afternoon, scoring in each inning but the fifth in a workmanlike 11-0, five-inning victory at Beddingfield.
Hunt of the 3-A Big East Conference, unbeaten through four games, doubled up the 2-A Eastern Plains Conference Bruins (0-3) in hits by a 10-5 margin.
Junior Tyson Bass led the way offensively for the Warriors, going 3 for 4 with a double and two RBIs. Junior Patrick Clark was 2 for 2, while sophomore Gavin Huff tacked on a two-run double.
Sophomore Blaize Keen, who added a double, tossed 1 2/3 innings to get the victory. He allowed three of Beddingfield's five hits and struck out two without a walk.
"I thought we swung the bats well and attacked the strike zone very well," Hunt head coach Jon Smith said.
Senior Austin Slate took the loss for Beddingfield while getting of the Bruins' five hits.
Hunt returns to Sid Boyette Field on Wednesday to face C.B. Aycock as Beddingfield visits Wilson Christian on Friday.
Score by innings:
Hunt 333 20 — 11
Beddingfield 000 00 — 0
WP-Blaize Keen 1 2/3 IP, 3 H, 0 R, 0 ER, 0 BB, 2 SO. LP-Austin Slate.
LEADING HITTERS — Hunt: Tyson Bass 3-4, 2B, 2 RBI, Patrick Clark 2-2, Gavin Huff 1-2, 2B, 2 RBI, Blaize Keen 1-2, 2B, Chase Waddell 1-2, RBI; Beddingfield: Mann Farmer 1-3, Austin Slate 1-3, Rio Montes 1-2, Ty Johnson 1-2, Garrett Harris 1-2.
Cyclones win CIC opener
GREENVILLE — Junior Thomas Lane had a sixth-inning grand slam and guided the Community Christian School varsity baseball team to a win in relief during a 8-3 win over Oakwood on Tuesday.
CCS, in winning its 1-A/2-A Coastal Independents Conference opener, picked up its first win of the season.
Lane relieved senior starting pitcher Drew Oliver in the third and allowed one hit, striking out one and walking three. CCS separated from a 1-1 contest in the fifth with three runs and tacked on four more in the sixth.
Sophomore Lawson Summerlin pitched the last two innings to get the save, recording five strikeouts and walking two.
CCS, which had four hits, had a 1-for-3 showing from junior Dylan Manning. Oliver singled and sophomore Chase Joyner went 1 for 4 with three RBIs.
Oakwood fell to 1-1.
CCS continues conference play Thursday at Rocky Mount Faith Christian.
Score by innings:
Oakwood 100 110 0 — 3
WP-Thomas Lane 1 1/3 IP, 1 H, 1 R, 1 ER, 3 BB, 1 SO. S-Lawson Summerlin 2 IP, 0 H, 0 R, 0 ER, 2 BB, 5 SO.
LEADING HITTERS — Drew Oliver 1-3, Chase Joyner 1-4, 3 RBI, Thomas Lane 1-3, HR, 4 RBI, Dylan Manning 1-3.
Knights' miscues lead to loss at Parrott
KINSTON — Four days after losing to Parrott Academy 11-0 in the season opener, the Greenfield School varsity baseball team's chance for revenge was undone by costly errors in the second and sixth innings that led to seven runs with two outs for the Patriots in their 12-6 win.
"We did a very good job at the plate today with 12 hits," Knights head coach Daniel Johnson said. "We pitched OK today but a couple of mistakes hurt us. We had chances to get out of the second and sixth innings and were not able to make the play. We will just have to keep working and improving."
Jacob Wiggs (0-1) took the loss on the mound, giving up eight runs, but only four earned, on five hits and three walks over three innings.
Nathan Woodard doubled and singled in two at-bats, driving in two runs, while Luke Flaherty was 2 for 4 with an RBI for Greenfield. William Smith went 2 for 3.
Greenfield dropped to 1-2 while the Patriots exited 2-2.
The Knights host Kerr-Vance Academy on Thursday at 4 p.m. at Barton College's Nixon Field.
CBA blanked at Conley, 8-0
WINTERVILLE — The early season woes for the C.B. Aycock varsity baseball team didn't get any help from D.H. Conley or senior right-handed pitcher Robbie O'Neal on Tuesday.
O'Neal struck out 12 Golden Falcons in a five-inning start as the Vikings remained unbeaten through five games with an 8-0 victory. Conley rose to 2-0 in 3-A/4-A Eastern Carolina Conference play while Aycock fell to 0-5 and 0-3, respectively.
The Falcons, who will play at Hunt in a nonconference game Wednesday, managed just one single by Noah Overton.
"We're doing some things better and trying to stay positive," CBA head coach Allen Thomas said. "We're learning and growing, but we ran up against a good arm. O'Neal was throwing it up there pretty good and it was the first time a lot of our guys had seen something like that."
Score by innings:
C.B. Aycock 000 000 0 — 0
D.H. Conley 120 032 x — 0
WP-Robbie O'Neal 5 IP, 1 H, 0 R, 1 BB, 12 SO. LP-Adam Brogden (0-1) 3 IP, 5 H, 3 R, 3 ER, 1 BB, 1 SO.
LEADING HITTERS — C.B. Aycock: Noah Overton 1-3. D.H. Conley: Cam Jackson 2-4, RBI; Jake Lysaght 2-3, 2 R; Robbie O'Neal 2-3, RBI.
Rams lose ECC opener at Washington
WASHINGTON — Host Washington scored five runs in the bottom of the fifth inning and added six more in the sixth to break open a close game and hand Greene Central a 16-6 loss in six innings in the 2-A Eastern Carolina Conference varsity baseball opener for both teams Tuesday.
The Rams, 1-2 overall, scored one in the first before the Pam Pack (5-1) erupted for five runs in the bottom of the inning. Greene Central retaliated with four runs in the top of the third to tie the score and took the lead with another run in the fourth before the Washington offense heated up again in the fifth.
Starting pitcher Perry Tingen took the loss for the Rams while Hunter Hall pitched the last three innings to earn the win for the Pam Pack.
Hall also doubled three times and drove in two runs. Trey Fields tripled and scored twice for the Rams while Daren Barefoot collected two RBIs.
The Rams host Eastern Wayne on Wednesday.
Score by innings:
Greene Central 104 100 — 6
Washington 500 056 — 16
WP-Hunter Hall 3 IP, 2 H, 1 R, 1 ER, 0 BB, 7 SO. LP-Perry Tingen 4 1/3 IP, 10 H, 8 R, 8 ER, 3 BB, 3 SO.
LEADING HITTERS — Greene Central: Trey Fields 1-3, 3B, 2 R; Daren Barefoot 1-3, 2 RBIs; Zach Taylor 1-2, RBI; Dylan Benton 1-2, RBI. Washington: Hunter Hall 4-4, 3 2Bs, 2 RBIs; Robert Pollock 1-3, 2B, 4 RBIs; Logan Everette 1-4, 3 RBIs, 2 R.
McNair, Wall pace Lady Knights to win
SANFORD — Seventh-grader Serenity McNair knocked in four goals and junior Kaelyn Wall had three as the Greenfield School girls soccer team halted a two-game skid with a 7-4 victory Tuesday at Lee Christian.
The Lady Knights, now 2-2, fell behind 1-0 in the first minute but, seven minutes later, McNair sent a pass to Wall, who finished for the equalizer.
McNair then scored four straight goals, the third coming on a pass from Wall, to seize control. Wall's last two goals came on assists by junior Caroline Stone.
The Lady Knights outshot Lee Christian 26-17.
Greenfield returns home to face Wilson Christian at 6 p.m. Thursday.
SN overwhelms Nash Central 8-0
STANHOPE — Senior Neftali Gonzalez and junior Brisa Savilla-Castro each had a hat trick for the Southern Nash High varsity girls soccer team Monday afternoon in a 8-0 victory over Nash Central.
Sophomore Jada Zimmerman had two goals for the 3-A Big East Conference Ladybirds, who improved to 4-1 overall. To date, Southern Nash has netted 23 goals, while conceding just one in its sole loss, a 1-0 decision to Cleveland.
Sophomore goalkeeper Kathryn Robinson oversaw the shutout for Southern Nash behind a defense of sophomore Michaela Gibson, sophomore Briana Cobos-Garcia, senior Melissa Hernandez, junior Marley Winstead and sophomore Rubi Guttierrez-Aleman.
Nash Central, Southern's former Big East foe now affiliated with the 2-A Eastern Plains Conference, fell to 1-3.
Southern Nash gets an opportunity to avenge its only loss Thursday when it travels to Cleveland.
SN boys, girls win quad meet
ROCKY MOUNT -— The girls and boys track and field teams from Southern Nash each finished first at a quad meet Monday at Nash Central.
The Ladybirds totaled 130 points to eclipse runner-up Rocky Mount by 14 points. Tristan Foster won both the 100-meter dash and 300 hurdles and anchored the Ladybirds' victorious 4x100 relay with Jenira McKoy, Symia Mccalston and Krystal Taybron.
Jadiza Jimenez also collected two individual wins, placing first in the 800 and 1,600 runs and joining the Ladybirds' winning 4x800 tandem with Laurel Coffey, Makayla Gibson and Brooke Lucas.
Taylor Gardener won the pole vault.
The Southern Nash boys posted a total of 118 points to clip Kinston with 102 and Rocky Mount with 100.
Hunter Issette set personal records in winning the 1,600 run in 4 minutes, 54 seconds, and the 3,200 in 11:15. Quinton Cooley and Darius Edmundson won the long jump and 100 dash, respectively, while Kahari Caudle set a PR in the 400 dash with a time of 55.6 seconds.
Floars leads CBA girls in meet at Fike
Adrian Floars won the girls shot put and discus for C.B. Aycock in its season-opening meet Monday at Fike.
Dasani Jackson placed first for the Lady Falcons in the high jump, clearing 4 feet. Runner-up finishes came for CBA from Denai Watkins (100-meter dash), Kayla West (800 run), Ebony Green (300 hurdles) as well as the 4x100, 4x200 and 4x400 relay team.
WCA girls lose at OLPH
ROCKY MOUNT — Wilson Christian absorbed an 8-1 setback in Tuesday's girls soccer match at Our Lady of Perpetual Help.
Chloe Villaverde netted the Lady Chargers' only goal on a penalty kick.
Wilson Christian plays at Greenfield on Thursday afternoon at 4:30.
CCS overwhelms Bethel 13-3
KINSTON — Lawson Summerlin and Landon Beamon were each 3 for 3 to pace the Community Christian School baseball team to a 13-3 win at Kinston Bethel Christian on Monday.
It was the first win for the Cyclones after dropping their opener.
Beamon also earned the win on the mound, starting and pitching two innnings. He allowed two hits and an unearned run, striking out two and walking three.
CCS is at Rocky Mount Faith Christian on Thursday.


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Gypsy PazResident
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How To Negotiate Grades with Difficult Teaching Assistants
Throughout the course of your university career, you will be faced with difficult moments that seem unfair. Whether it's a low grade on an assignment or you feel as though you're entitled to an extension, you'll find yourself need to negotiate with a professor or teaching assistant at one point or another.
If you're struggling to write a paper or study for a test, you should simply check out Homework Help Global and the many services they offer students, young and old. While it may seem like a standard essay-writing foundation at first glance, the experts at HW Global certainly stand out from other companies in significant ways.
It may seem as though you have produced excellent work under a great deal of duress – because of how many hours you put in, it only seems right that you get an adequate grade to match that effort. However, many markers and graders will fail to see the beauty that you do in the work you provided them. Consequently, it's time to visit their office hours and see if you can convince them to re-read your work and re-consider the grade they've allotted.
Oftentimes, however, these educational overseers will be bias in their actions, giving way to their own stresses and demands, such that they feel like they are unable– or simply unwilling – to accommodate your request. This is why it's important to be able to strategize and effectively discuss these issues with academic labourers.
Show That You are Engaging with the Material
By speaking up as much as possible in class and actively demonstrating a lively interest in the course material, you'll be sure to impress any TA or professor. If someone marking your work has good reason to remember your name, they'll be more inclined to grade you generously. While this may seem unfair to those students who are considerably shier, this is just an unfortunate fact of post secondary education – it's about both personality and smarts, which are often entirely intertwined. The smart one is, the more vibrant their personality is likely to be.
Visit Their Office Hours
By showing that you're dedicated and curious throughout the course of the semester, it's likely that person responsible for your grades will be more sympathetic if and when a time comes when you're disappointed with a grade. Hopefully, however, the hours that you put into your work will help you to avoid an awkward situation like that. Nevertheless, by planning ahead of time, you can help yourself in significant ways.
Be Your Own Lawyer
If you do happen to make a visit to their office in regard to a grade, be as specific as possible – set yourself up for success by gathering evidence and making a case for why you deserve a better grade. Ask them to explain the comments they've made in the margins of your work, for example. If they can't give a satisfactory explication, it's likely your TA wasn't really thinking clearly enough to justify your low grade.
Moreover, you should be cross-referencing these comments with the actual rubric or assignment sheet; this will give you an edge over a reluctant educator. You ought to inquire what it is you're being penalized for and see if that's even a part of the assignment to begin with. If it doesn't seem relevant to the grading scheme, you should be entitled to a higher grade.
Keep Your Cool
Don't come off as arrogant or entitled. No matter the result of this meeting, keep a clear head and don't express any anger towards the person grading your work. If they decide to give you the same grade, you can't hold that against them – they are, after all, a trained professional. You'll just have to do better next time.


text:
"All the revision in the world will not save a bad first draft: for the architecture of the thing comes, or fails to come, in the first conception, and revision only affects the detail and ornament, alas!"
"I've been & am absurdly over-estimated. There are no supermen & I'm quite ordinary, & will say so whatever the artistic results. In that point I'm one of the few people who tell the truth about myself."
"Some of the evil of my tale may have been inherent in our circumstances. For years we lived anyhow with one another in the naked desert, under the indifferent heaven."
"To me an unnecessary action, or shot, or casualty, was not only waste but sin."
"This creed of the desert seemed inexpressible in words, and indeed in thought."
"To have news value is to have a tin can tied to one's tail."
"Isn't it true that the fault of birth rests somewhat on the child? I believe it's we who led our parents on to bear us, and it's our unborn children who make our flesh itch."
"The Beduin could not look for God within him: he was too sure that he was within God."
"Nine-tenths of tactics are certain, and taught in books: but the irrational tenth is like the kingfisher flashing across the pool, and that is the test of generals."
"The people of England have been led in Mesopotamia into a trap from which it will be hard to escape with dignity and honor."


text:
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United States District Court, M.D. Florida, Fort Myers Division
May 21, 2018
MICHAEL EUGENE READ, Petitioner,v.UNITED STATES OF AMERICA, Respondent.
This case is before the Court on Petitioner Michael
Read's Motion Under 28 U.S.C. § 2255 to Vacate, Set
Aside, or Correct Sentence by a Person in Federal Custody
(Doc. 1; Cr-Doc. 91)[2] and Memorandum of Fact and Law in
Support (Doc. 2; Cr-Doc. 91-1) filed June 12, 2017. The
United States filed a Response in Opposition to the Motion
(Doc. 8) on September 7, 2017, to which Read filed a Reply
(Doc. 12) on November 7, 2017. On February 12, 2018, Read
filed a Motion for Evidentiary Hearing (Doc. 13; Cr-Doc. 92).
For the reasons set forth below, Read's § 2255
motion is denied.
February 4, 2015, a federal grand jury returned a two-count
Indictment (Cr-Doc. 1) against Read. Count One charged Read
with possession of child pornography in violation of 18
U.S.C. §§ 2252(a)(4)(B) and 2252(b)(2). Count Two
charged Read with distribution of child pornography in
violation of 18 U.S.C. §§ 2252(a)(2) and
2252(b)(1). On July 28, 2015, Read pled guilty to both counts
without the benefit of a plea agreement. (Cr. Docs. 42, 79).
On November 2, 2015, the Court varied below the Guidelines
range and sentenced Read to 120 months in prison followed by
a life term of supervised release. (Cr-Doc. 54 at
2-3).[3] Judgment was entered on November 3,
2015. (Cr-Doc. 54).[4] After being granted leave of Court,
Read filed a Notice of Appeal on January 5, 2016. (Cr-Doc.
60). On February 12, 2016, the Court granted counsel's
motion to withdraw and appointed the Federal Public Defender
for appeal purposes. (Cr-Doc. 69). On June 8, 2016, pursuant
to Read's motion for voluntary dismissal, the Eleventh
Circuit dismissed Read's appeal. (Cr-Doc. 90 at 2).
Relying upon the date in the certificate of service (June 7,
2017), the United States concedes that Read's § 2255
motion is timely. (Doc. 8 at 3, 10). The Court
Grounds Presented for Review
construing Read's pleadings and as more fully developed
below, [6] Read raises three separate grounds of
constitutionally ineffective assistance of counsel in his
§ 2255 motion. (Doc. 1, Doc. 2). In Ground One, Read
asserts counsel was ineffective for failing to present
evidence of Read's efforts to ensure he did not
distribute child pornography. (Doc. 1 at 4, Doc. 2 at 1-2).
In Ground Two, Read claims counsel rendered ineffective
assistance when counsel failed to negotiate a plea agreement
to his benefit or follow up on "possible defense
strategies." (Doc. 1 at 5, Doc. 2 at 3-5). In Ground
Three, Read faults counsel for failing to "present
evidence regarding six events of Search and Seizure on
[Read's] computers and network for which neither Warrant,
Court Order, nor Notice was issued." (Doc. 1 at 7, Doc.
2 at 5-7).
Evidentiary Hearing Standard
governing statute requires that the district court shall hold
an evidentiary hearing "unless the motion and the files
and records of the case conclusively show that the prisoner
is entitled to no relief." 28 U.S.C. § 2255(b).
"If the petitioner alleges facts, that if true, would
entitled him to relief, then the district court should order
an evidentiary hearing and rule on the merits of his
claim." Griffith v. United States, 871 F.3d
1321, 1329 (11th Cir 2017) (quoting Aron v. United
States, 291 F.3d 708, 714-15 (11th Cir. 2002)). A
petitioner need only allege, not prove, nonconclusory facts
that would entitled him to relief. Id. If, however,
the allegations are "affirmatively contradicted by the
record" and "patently frivolous, " the
court is not required to hold an evidentiary hearing.
Id. Nor is the court required to hold a hearing
where the claims are "conclusory allegations
unsupported by specifics." Allen v. Sec'y, Fla.
Dep't of Corr., 611 F.3d 740, 745 (11th Cir. 2010),
cert. denied, 563 U.S. 976 (2011). To merit an
evidentiary hearing on an ineffective assistance of counsel
claim, a petitioner must allege specific facts that would
show (1) that counsel performed deficiently and (2) this
deficient performance prejudiced the petitioner. Griffith
v. United States, 871 F.3d 1321, 1329 (11th Cir. 2017).
As more
fully set forth below, the Court finds the claims are refuted
by the record, and/or that petitioner cannot make the
necessary showing that counsel was deficient, and/or that he
was prejudiced by counsel's alleged deficient
performance. Consequently, the Court finds an evidentiary
hearing is not required in this case.
Effect of Guilty Plea
noted supra, Read entered a counseled guilty plea to
both counts of the Indictment. "A defendant who enters
a plea of guilty waives all nonjurisdictional challenges to
the constitutionality of the conviction, and only an attack
on the voluntary and knowing nature of the plea can be
sustained." Wilson v. United States, 962 F.2d
996, 997 (11th Cir.1992). Thus, when a § 2255 motion is
filed collaterally challenging convictions obtained pursuant
to guilty pleas, "the inquiry is ordinarily confined to
whether the underlying plea was both counseled and
voluntary." United States v. Broce, 488 U.S.
563, 569 (1989). Alternatively, "[a] guilty plea is
open to attack on the ground that counsel did not provide the
defendant with 'reasonably competent
advice.'" Cuyler v. Sullivan, 446 U.S.
335, 344 (1980) (quoting McMann v. Richardson, 397
"the representations of the defendant, his lawyer, and
the prosecutor at [a plea] hearing, as well as any findings
made by the judge accepting the plea, constitute a formidable
barrier in any subsequent collateral proceedings."
Blackledge v. Allison, 431 U.S. 63, 73-74 (1977).
Indeed, "when a defendant makes statements under oath
at a plea colloquy, he bears a heavy burden to show his
statements were false." United States v.
Rogers, 848 F.2d 166, 168 (11th Cir. 1988) (citations
omitted). Thus, conclusory allegations that are not supported
by specific facts and contentions that are refuted by the
record are subject to summary dismissal. Blackledge
431 U.S. at 74.
Ineffective Assistance of Counsel
Supreme Court has held "that the two-part
Strickland v. Washington test applies to challenges
to guilty pleas based on ineffective assistance of
counsel." Hill v. Lockhart, 474 U.S. 52, 58
(1985). To succeed on an ineffective assistance of counsel
claim, a petitioner must demonstrate both that: (1)
counsel's performance was deficient and (2) petitioner
suffered prejudice because of counsel's deficient
performance. Strickland v. Washington, 466 U.S. 668,
687 (1984). For the first element, a petitioner must show
that "he received advice from counsel that was not
within the range of competence demanded of attorneys in
criminal cases." Scott v. United States, 325
Fed.Appx. 822, 824 (11th Cir. 2009) (citing Hill,
474 U.S. at 56-57)). The Eleventh Circuit has held that
"counsel owes a lesser duty to a client who pleads
guilty than to one who decides to go to trial . . . and . . .
need only provide his client with an understanding of the law
in relation to the facts, so that the accused may make an
informed and conscious choice between" pleading guilty
or "going to trial." Wofford v.
Wainwright, 748 F.2d 1505, 1508 (11th Cir. 1984)
(citation omitted); see alsoStano v.
Dugger, 921 F.2d 1125, 1151 (11th Cir. 1991). "To
impart such an understanding to the accused, counsel must,
after making an independent examination of the facts,
circumstances, pleadings and laws involved, offer his
informed opinion as to the best course to be followed in
protecting the interests of his client."
Wofford, 748 F.2d at 1508. (citation omitted).
Performance is "measured against an objective standard
of reasonableness under the prevailing professional
norms." Rompilla v. Beard, 545 U.S. 374, 381
(2005) (internal quotation marks and citations omitted).
satisfy the second requirement in the context of a guilty
plea, "the defendant must show that there is a
reasonable probability that, but for counsel's errors, he
would not have pleaded guilty and would have insisted on
going to trial." Hill, 474 U.S. 52 at 59;
see also Lee v. United States, 582 U.S.___, 137
S.Ct. 1958, 1965 (2017). A court considers whether the
petitioner had a fruitful defense at trial, see
Hill, at 59, keeping in mind that, counsel is not
required to raise a meritless claim. United States v.
Winfield, 960 F.2d 970, 974 (11th Cir. 1992). While
stressing that the focus is on the petitioner's
decision-making and rejecting a per se rule that a
defendant with no viable defense cannot show prejudice, the
Supreme Court nonetheless cautions that "[c]ourts
should not upset a plea solely because of post hoc
assertions from a defendant about how he would have pleaded
but for his attorney's deficiencies." Lee v.
United States, 137 S.Ct. at 1966-67. If a petitioner
fails to satisfy either Strickland prong, his claim
fails and the court need not address both prongs.
See Strickland, 466 U.S. at 697.
Ground One
attributes ineffectiveness to trial counsel for failing to
present evidence regarding Read's efforts to ensure he
did not distribute child pornography. (Doc. 1 at 4). Read
claims that his "system was designed so that no file
could be shared and therefore he did not and could not
distribute [child] pornography." (Doc. 1 at 4). Read
alleges that counsel was aware of this information but failed
to present it to the Court. (Id.) While conceding
that he had no defense to possession of child pornography if
he went to trial, Read argues that there is a
"reasonable probability" that the distribution
count would have been dismissed and he would have received a
lesser sentence. (Doc. 2 at 2). The Government responds that
Ground One of Read's motion is without merit, because
Read knowingly and voluntarily admitted at the change of plea
colloquy to using file sharing programs on his computer that
permitted public access to the child pornography. (Doc. 8 at
record conclusively shows that Read entered a knowing and
voluntary guilty plea. During the plea colloquy, the Court
asked Read questions and ensured that he understood his
charges, consequences of his plea, and the rights he was
waiving. (Cr-Doc. 79 at 4-5, 11-12). Read told the Court that
he understood the proceedings. (Id.). He stated that
he had no mental condition and was not impaired by
medication. (Id. at 5-8). Thus, based upon the
record, the Court finds that Read's plea was knowing and
voluntary, and Read does not appear to suggest otherwise in
his motion. (See generally Doc. 1). To the extent
that Read argues that his plea was not knowing and voluntary
based upon his alleged diagnosis of "OCD and obvious
hoarding mental defect" or that the Court improperly
failed to consider this alleged mental defect in sentencing
Read as intimated in his Reply, the Court finds these claims
(and any other claims raised for the first time in his Reply)
waived. See Oliveiri v. United States, 717
Fed.Appx. 966, 966 (11th Cir. 2018) (citing Conn. State
Dental Ass'n v. Anthem Health Plans, Inc., 591 F.3d
1337, 1351 n.11 (11th Cir. 2009); United States v.
Evans, 473 F.3d 1115, 1120 (11th Cir. 2006)).
the record conclusively refutes Read's claim that trial
counsel was ineffective for failing to present evidence that
Read was not guilty of the distribution charge in Count 2 of
the Indictment. Prior to accepting Read's guilty plea,
the following exchange took place between the Court and Read
regarding the necessary elements of Count Two of the
Indictment that charged Read with distribution of child
pornography, including that Read "knowingly
distributed" the images:
THE COURT: The essential elements of Count 2 are as follows:
First, the defendant knowingly distributed a visual
depiction; second, the depiction was shipped or transported
in interstate or foreign commerce, by any meaning, including
computer; third, producing the visual depiction involved
using a minor in sexually explicit conduct; fourth, the
depiction is of a minor engaged in sexually explicit conduct;
and, fifth, the defendant knew that at least one performer in
the visual depiction was a minor and knew the depiction
showed the minor engaged in sexually explicit conduct. Sir,
do you understand the elements of the charges that the United
States would have to prove beyond a reasonable doubt for you
to be convicted?
THE DEFENDANT: I do.
THE COURT: Do you have any questions ...
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text:
Is it that time of year again? That we must remind everyone in the castle how dangerous the forest is? It seems that was the key topic at Sunday lunch this week, after the discussion of points the DHM kindly reminded us of what lay beyond the castle walls.
"Unfortunately, I find myself once again reiterating that the Forbidden Forest is strictly off limits without the supervision of a member of staff. Our relations with the centaur herd who claims the Forest as their home is strenuous enough without their rituals interrupted by thrill seeking children. I would also remind you of the multitude of vicious creatures found within, most of them not as forgiving as the herd. As it stands, any student found in the Forest will receive a house points loss of fifty points, minimum. In the event that the centaur herd is involved, a meeting will be arranged and you will be able to explain to the Minister herself why it is you felt yourself worthy of risking our relations."
So if your adventurous spirit calls you to the woods, or if the cosmos direct you to them, remember every action has consequences.
Following that reminder was another one, this one maybe not as intense as the one before, but still a one with meaning.
"I would like to remind you all that it is not only your Heads of Houses and professors you must obey and respect. Your Prefects and Head Students were personally selected by the Headmaster and trusted with the authority to monitor and discipline the student body. That is to say, should a Prefect speak with you regarding your rule breaking, they are to be respected and listened to. If you feel it is an abuse of power, you are welcome to broach this with your Head of House, after following your prefect's instruction. You do not disrespect them because they are simply a student."
As to why anyone would disobey a Head of House, Professor, or Prefect is beyond me. I will remind you that most things that are done in this castle, are done to protect us from dangerous that lie beyond here. We are at Hogwarts the greatest school for witchcraft and wizardry and you would all do well to remember that. Also as you are sorted into a house, it is your duty as a student to make the creator of your house proud as if they still walked these halls today.
No one benefits from letting students run amok, but, as we saw, one Slytherin boy did not quite grasp the meaning behind the Deputy Headmistress' speech and was quick to push his boundaries. Before I go along with my story of the accounts that took place in the hall on Sunday, I'd like to mention that dancing on the Great Hall tables during Sunday Feast [Editor's Note: Or ever] is never smiled upon. Now, here the tale of a young snake named William McDonald. Soon after O'K finished her speech, the boy thought he was safe to frolic about the Great Hall dancing on tables that were filled with food that our house elves worked so hard on. With the dancing came singing as well, and as I read the writings of what happened at lunch, I am glad I was out of ear shot as his voice was nothing short of cringe worthy. Little did he know that O'K was still about and caught him in the act, he was quickly summoned by her and as the boy casually made his way over to her, he did not seem to have a care in the world. As the conversation lead on he racked up losing 50 points for the house draped in green! 50 points, that's a whole lot of work for one small wizard, seeing as the points were not working nor was the taking away of privileges he was quickly pulled off into Professor Fox's office… As for what happened there I can not confirm nor deny that he was expelled from the school, but word says he was seen lead off castle grounds by the Deputy Headmistress.
So take that as a reminder that, we should all take our place at this school seriously and if we do not.. Well let's just say there's worse things than failing.. Til next week hogwarts.


text:
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ZDNet March 13, Retrieved December is Alternative Airlines and if they are safe to buy airline tickets from, you can noteven put their own name on it, which is likely more than not!. I like to see good of PayPal for flights. Not Helpful 2 Helpful PayPal method are fully secure. If you are unsure who 28, After 6 months they could of already used it, which is likely, more than see all the information on how legit they are. You can still be billed later with PayPal Credit. You can even grab a on your payment to another for any airline ticket on a great way to travel. Deceptive, deceptive, deceptive they are. If you made a mistake flight coupon code to get online flight search as is Alternative Airlines promo codes. PayPal provides free analytics to products making their way up specific countries and in certain.
- What Makes It Different to a Traditional Credit Card?
Then search and select your PayPal account, you can withdraw. You can search from all should be the e-mail the other person uses for PayPal. The e-mail address you use announced that it was acquiring on any any flight on. We recommend buying flights through us using PayPal and you can easily buy your air. All forum topics Previous Topic any thing.