text:
Q: Flutter Image gallery saver - how to access path I'm using Image gallery saver plugin for saving images. Method
await ImageGallerySaver.saveImage(pngBytes)
returns an object
{filePath: file:///storage/emulated/0/wallpapers/1608205629471.jpg, errorMessage: null, isSuccess: true}
I'd like to get the path of the newly saved file (/storage/emulated/0/wallpapers/1608205629471.jpg).
Is there a way to achieve that?

A: That is a Map object. Access the filePath String like so:
var response = await ImageGallerySaver.saveImage(pngBytes);

// value = json['key']
var path = response['filePath']; // 'file:///storage/emulated/0/wallpapers/1608205629471.jpg'

A: you can access the key from a map like this
final imagePath = result['filePath'].toString();

then if you need to get a location path removing file:// with regular expression
final imagePath = result['filePath'].toString().replaceAll(RegExp('file://'), '');

read documentation for more info

A: First You need to same the image id on database that you wants to retrieve.
Then pass the id with this method I am giving a snippet that I have used:
import 'package:path/path.dart' as p;
Directory _appDocsDir;
        class ImageCashUtil {
      ImageCashUtil() {
        init();
      }
      init() async {
        WidgetsFlutterBinding.ensureInitialized();
        _appDocsDir = await getApplicationDocumentsDirectory();
        return _appDocsDir;
      }

      File fileFromDocsDir(String filename) {
        String pathName = p.join(_appDocsDir.path, filename);
        return File(pathName);
      }
    }


Today we have a guest post from Laura in Lou!
Laura Olinger is a fellow yoga instructor, nanny, and runner blogging in Louisville.
She's about the sweetest person ever.
Go check out her blog: Laura in Lou.
You can also find her on twitter and instagram.
Roosters don't crow when the sun comes up; they crow whenever the heck they want to. So, when my alarm goes off just after dawn, I've already been half awake for an hour. I throw on some clothes, put my hair in a pony tail, and meet my friends outside. We joke as we run out to the dirt road, and coast through the next village over, before ascending a hill, which is really more like a mountain, so maybe it should be called a mill or a hountain. Regardless, all I can think about as I climb to the top is breakfast. The exhilaration upon racing back down to the valley speeds me home and to the morning's first cup of coffee.
This isn't just a regular cup of joe. This is Honduran coffee. The beans are grown locally, in a country whose climate is ideal for its production. It's ground and brewed in a way that makes it thicker, almost like an espresso but less concentrated. When I've got a long day ahead of me, it's like my life blood.
That's true no matter whether I'm doing volunteer work in Honduras, or stuck inside on a snowy day in Kentuckiana. I might be a little biased because after my recent trip to Honduras, my third, I'm more in love with the country than ever, but coffee there is just good. Along with sugar, which I've tasted straight in the cane, it's the country's top export.
After my first trip to Honduras, I brought back coffee beans for my family, and they have requested it again each visit. Here in the U.S. it's difficult but not impossible to find a good Honduran bean. Trader Joe's offers a decent organic, fair trade option, but I've also seen it at Costco, in a Costco-size bag.
I am a firm believer in the Proustian idea that the taste of food conjures memory, so until the next time I'm enjoying my cafecito at a Honduran breakfast table, I'll be savoring the beans I brought back and smiling over fond memories.


text:
HMV's marketing boss on bringing the brand back from the brink
Just four years ago, HMV was forced into administration. But after cutting down its store estate and refocusing the brand it is now more confident about the future.
By Thomas Hobbs	 3 Apr 2017 7:32 am
HMV has been boosted by the revival of vinyl over recent years [Picture credit: James McCauley]
When HMV called in the administrators back in January 2013, the news resulted in dozens of think pieces with headlines ranging from 'Is physical media dead?' to 'Is the music over for HMV?'.
The reality was HMV – much like the now deceased Comet – had struggled to compete as consumers flocked to more digital-savvy brands such as Amazon.
READ MORE: HMV to go back to its music roots with Hilco deal
"The press loved it as it was an easy headline; beleaguered retailer goes into administration," says HMV's head of marketing Patrizia Leighton in a rare interview, four years on from the business being saved by Hilco in a £50m deal. "But the headlines are not always where it's at. Even now they say physical media is dead, but it actually isn't dying!"
An audience for physical media
That isn't to say physical sales are doing well, however. Last year, total UK sales of DVDs and Blu-ray discs – two of HMV's core ranges – fell 17% to £894m as total revenues from digital video, which includes services such as iTunes and Netflix, surged 23% to £1.3bn overtaking more traditional formats for the first time. Physical sales of CDs, meanwhile, fell by 13%, a steep decline after a 3.7% fall in 2015, according to the Entertainment Retailers Association.
Yet these numbers don't tell the full story, according to Leighton.
She hits back: "There is still an audience out there for physical media, irrespective of what the media believes. Young people like to own a physical product as it makes them feel closer to the artist and have something tangible to hold in their hand. We are seeing a trend [towards this way of thinking], particularly among young women."
READ MORE: HMV taps into the vinyl boom with new cinematic campaign targeted at students
Last November, HMV overtook Amazon to become the UK's largest music retailer. It attracted 41,000 new customers over the 12 weeks to 25 September 2016 and grew its share of the physical entertainment market by 3.1%. And while HMV's sales and profits both fell in 2016, Leighton says it has regained "some momentum" and is now a "completely different business, which is sticking to the things it is good at."
Her confidence has been boosted in part by the hipster-led revival of vinyl, something HMV has wisely aligned itself to. Last year, for example, it launched a student-focused cinema campaign reaffirming its support for the format and Leighton says HMV is "working tirelessly" with the record industry to ensure major releases are being printed in big enough volume to satisfy demand.
"We are selling thousands and thousands of turntables every week so that tells me those consumers will now need a place to buy their vinyl too. We want to bring in a new audience and show them HMV can be the home [for vinyl]."
Prioritising ecommerce
Grime star Stormzy during an in-store event [Picture credit: Shirlaine Forrest]
HMV has also been boosted by its ecommerce operation. Its online business relaunched in June 2015 via its digital agency Ridgeway; prior to that the website was forced to shut off purchases and serve only as an editorial hub for news around the music industry. Leighton says the revamped website is a success because it has allowed HMV to broaden its product range, move into click-and-collect and ensure its 121 store estate isn't "strained by stocking too many categories".
Between 24 October 2016 and 28 February 2017, she says the number of transactions on HMV.com increased by 67% as overall revenues rose 76%. Basket size was also up by 69%. New online features, such as an intelligent search tool, also track the browsing history of HMV members in order to give members "sophisticated and tailored" music and film recommendations.
The fact the website now balances editorial articles and ecommerce is a plus, according to Leighton. "The majority of our competitors aren't necessarily in both the retail space and the content space. That gives us an advantage."
Rebuilding the brand
But what about the brand? After all, by Leighton's own admission she now has to "make do with less" due to HMV's owner Hilco cutting everything from store numbers to its marketing budget. Despite the latter drastically falling from the days when HMV was regularly advertised on British television, its brand awareness score holds up surprisingly well.
According to YouGov BrandIndex, HMV's brand awareness rose 1.6 points over the last year, placing it 15th on a list of the UK's 45 biggest high street retailers. Yet with consumer perceptions around HMV's buzz and quality both remaining flat, according to the Index, Leighton concedes the brand now has to now make its money stretch a lot further.
"It is very important to ensure every single pound you spend on advertising gets a return. I need to sweat that spend as hard as possible and convert to a purchase or get somebody into a store," she says.
So long as people want to buy physical media then HMV will be on the high street.
Patrizia Leighton, HMV
She believes HMV's store estate replicating the feel of independent record shops will ultimately help this mission: "One of our big focuses is on giving each store a local feel. Each store is filled with staff recommendations and we try to host compelling events and work with social media influencers to create word-of-mouth buzz.
"Yes, streaming [on Spotify] is now big but we see people are using the digital space to inform their decisions or get inspired to then go into a store to ask our staff what they'd recommend. Streaming isn't a replacement [for physical media], it is just another part of [the buying journey]."
HMV also has history on its side. HMV can communicate a heritage that stretches back to its beginnings in 1921. "It is great to have that history and yes we have a lot of consumers who are passionate about the brand, but your existence isn't justified just from being there before."
Surely this history means the brand is now more relevant to older consumers? "There is a question mark there," Leighton honestly answers. "We certainly don't have the level of ad spend we had pre-administration so in terms of the visibility of the brand you need to make sure you're targeting that message really carefully at the right moments to the right people. But we are successfully bringing in a younger audience in a very calm, targeted way on vinyl and through partnerships such as collaborating with Warner Bros on Suicide Squad product exclusives."
Faith in the future
HMV is confident selling DVDs can still bring in the crowds [Picture credit: James McCauley]
That DC Comic partnership might have had something to do with Leighton's previous stint at Warner Bros, where she was senior customer marketing manager from October 2007 to October 2013, and handled blockbuster campaigns for films such as Harry Potter and the Deathly Hallows. Reflecting on her time at the Hollywood studio, she says marketers can learn more from rebuilding a brand than being in a situation where ad spend is endless.
"It is great to experience both sides. Retail marketing is for me one of the best foundations you can get for understanding marketing in general as you're extremely close to the customer," she explains. "Retail isn't for the faint-hearted as it's so competitive but it's also very rewarding as you constantly have to innovate."
While catching Leighton during a reflective moment, I ask her what went wrong at HMV leading up to its administration back in 2013. Although this happened before her time at the business, she believes HMV was guilty of being ahead of its time, pointing to its previous sponsorship of music venues.
"You don't have to look far now to see the iTunes festival or Spotify sponsoring events. It wasn't that it was a flawed model [at HMV] but we were probably just a little ahead of our time and suffered [as a result]."
It wasn't that HMV had a flawed model before… it was just a little ahead of its time.
As I share my own experience of paying for my first ever single at HMV – for the record, it was a cassette of Clint Eastwood by Gorillaz – I ask Leighton whether HMV has the potential to mean the same to future generations. With streaming only getting bigger through the likes of Spotify and Netflix, can HMV really survive for another five or 10 years?
"So long as people want physical media, we will be on the high street," she answers. "The music industry has recovered really well over the last five years and it's a solid foundation to build upon. But the one challenge is convincing the music industry, which has moved away from physical media, that things such as the vinyl boom aren't just a flash in the pan."
The media, according to Leighton, also has a big role to play. "I just think we have a very nasty habit in this country of latching onto negative news until people lose so much confidence they don't even know what to do with it anymore. I hope entertainment will distract consumers [from Brexit] and HMV can provide the escapism. At the end of the day, we have weathered the storm and will continue to do so."
And even if there are more storms on the horizon, you sense Leighton's determination will help HMV to silence its critics for a while longer.
Retail and Ecommerce is one of the categories at this year's Marketing Week Masters of Marketing awards, taking place on 3 October. Entries are now open. To find out more visit www.festivalofmarketing.com/awards
Analysis Brand Positioning Retail
HMV taps into the vinyl boom with new cinematic campaign targeted at students
Rachel Gee
With its own vinyl sales expected to total 1.5 million this year, HMV has launched a cinematic ad campaign that celebrates the nostalgic trend.
23 Sep 2016 12:42 pm
Deezer dismisses exclusive deals with musicians as 'irritating'
Music-streaming deals with Barcelona FC and Manchester United are just the start in a 'big shift' in its marketing.
How Nike and Spotify joined forces to connect online with offline through music
Spotify teamed up with Nike for its women's 10k run events to promote the impact music can have on athletic performance and encourage more women to get running.
8 Aug 2016 12:12 pm
There are 2 comments	at the moment, we would love to hear your opinion too.
Matthew Connaughton 7 Apr 2017
That HMV's, of all companies, chief marketer would say "streaming isn't a replacement for physical media" is bizarre because that's patently not true.
Six years (at least) of falling physical format sales says that for many people, including this one, who grew up buying cassettes, CDs and VHS (and knows what Our Price was), says streaming services are absolutely an absolute like for like replacement: Just ask Blockbuster.
Insisting "some remaining CD/DVD sales + vynil trend = HMV on the high street definitely not ending in more closed stores and more redundancies, honest" seems like head-in-the-sand stuff.
Their funeral.
Ellen Bly 14 Apr 2017
They've always had their heads in the sand! From the CEO to the area managers down to the store managers.
It's laughable that she thinks they were "ahead of their time", quote of the year from a company who disregarded the Internet and have only recently updated their systems since the 1980's!

redpajama_set_name: RedPajamaCommonCrawl


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The "DUB" has been described by some as a massive and freshly grilled American burrito, but nothing compares to a savory Menna's Joint DUB, chock full of meat, vegetables, cheese, potatoes (sometimes) and a variety of sauces all wrapped up in a thin, freshly grilled tortilla.
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Pixies is one of rock's greatest bands, and now it has the gigantic artbox to prove it.
Back when the Pixies first debased pop music with five stunning albums in five quick years, nobody could have known the lasting influence of the band that jabbed "loud-quiet-loud" into alt-rock's veins.
Now, two decades after the release of Doolittle, the band's most-applauded effort, a massive new art-rock retrospective called Minotaur serves as a monument to those fiery pop-punk recordings.
See also: Are You a Pixies Fan? Prove It and Win Signed Minotaur Box The pricey package, available for pre-order Monday, "is not for someone who hasn't heard the Pixies first," the band's singer and guitarist Black Francis wisecracks about the megabox set, which is the type of multi-format sonic artgasm that makes collectors drool.
The always-productive Pixies front man embraces the objet d'art approach of Minotaur, but says people who aren't familiar with the band should download a few tracks to get a taste of the band's edgy alt-rock.
The group broke up in 1993, with its members going on to other musical pursuits, but the Pixies' influence on pop music is unavoidable. A band ahead of its time, the Pixies earned critical acclaim with a potent blend of Francis' howling vocals and surreal lyrics, bassist Kim Deal's sweet harmonies and a dynamic musical template powered by guitarist Joey Santiago and drummer David Lovering that became a model for bands like Nirvana. After a 2004 reunion, the Pixies have played live but not released any studio recordings.
Wired.com caught up with Francis' alter ego, Charles Michael Kittredge Thompson IV, by phone before his immortal band kicked off its 2009 tour at the Isle of Wight Festival on Sunday. He was quotable as usual, especially about Minotaur, the Pixies catalog, digital technology and how the econopocalypse has created what should be a $5 musical world.
Black Francis: So what are we selling today?
Wired.com: Minotaur. It's billed as a killer reintroduction to the band, but is the price prohibitive?
Francis: I have seen the prototype and it goes beyond sticking five CDs into a box. It truly has the presentation of a large objet d'art. It's not really a normal box set. It's very large, and of course has Blu-ray and vinyl, and there's a massive art book in it. My wife is an art history buff and we have a lot of books on our large coffee table, stacked up with books just like you see in the magazines. And those kinds of objects or whatever are not cheap.
Wired.com: Is it for new adopters?
Francis: The Minotaur is not for someone who hasn't heard the Pixies first. If that's what you're after, it might be more appropriate to burn it off the internet for free. [Laughs] The Minotaur is an art thing, and I support the price tag. They're not mass-produced; There are only around 3,000 units. There's a number plate bolted on the inside. There's a Willy Wonka thing going on.
Wired.com: Is this how the CD market can stay alive in the download age?
Francis: I got in trouble because I was recently quoted about the state of the music business, and I was saying it should be kind of a $5 world right now. Records and tickets should be cheap, given the overpricing of the recent years and the state of the world economy. But now, this box comes out and I feel like the biggest shithead in the world. But I'm not spinning it.
Wired.com: You didn't include B-sides and rarities.
Francis: There were questions about adding them, but I decided, no, these were our five big definitive statements. It's an over-the-top artistic statement, as far as [4AD graphic designer Vaughan Oliver] is concerned, and that's always been our manifesto. We don't need to water it down with bonus tracks.
Wired.com: No "Bam Thwok" for you!
Francis: It doesn't go with the Minotaur, which doesn't fit in a backpack. It has to be the art of the Pixies and, at the moment, that is five records, one of which is a mini-LP.
Wired.com: I'm still waiting for a studio version of "Boom Chicka Boom."
Francis: Apparently, we'll be playing that on our next tour.
Wired.com: You also decided against remastering those albums, which include some of Steve Albini and Gil Norton's best production.
Francis: Some people who know about records were frankly surprised that we weren't remastering them for added value, but we've been down that path before. We paid someone to remaster Doolittle and decided that it was slightly different and enhanced, but not necessarily better. Plus, the Pixies put a lot of effort into those records, and so did the people around us. Way back then, everyone worked hard; the only people who were a little stoned might have been the band. But that doesn't mean we didn't work hard: We just spent three times the amount at the studio. I stand by those moments and that time.
Wired.com: So you're sanguine on digital technology's ability to re-purpose the listening experience?
Francis: Just because you have some digital toys to play around with, don't tell me that you can make my record better than it was made. We're not stupid, and we weren't then. Digital technology will not bring my music out of the Dark Ages. Maybe there's some archaic information stored deep in the mix, but it's not like these albums were made in 1935.
Wired.com: You think remastering is a boondoggle?
Francis: Remastering is mostly a marketing thing, unless you're talking about people who were out of their minds and made something with errors in it. But our records are definitely not in that category.
The only one I might argue would be is Come On Pilgrim: It was recorded quickly for a grand in a cheap studio on the weekend. But everyone worked hard on that, too. It doesn't sound like we poured beer on it and said, "Here you go!"
Wired.com: Did you get the sense that you were making music worthy of history, and this artgasm, back then?
Francis: Every time you go into the studio to record something, you are competing with your favorite records in an artistic way. But you don't look down the road and hypothesize. If it has a certain pop to it, you joke about going to the Grammys.
But I'm too focused on the music part for that. I'm just not an intellectual giant. I'm lost in the moment, in the presence, like a fish swimming in a bowl.
Video: Pixies + Dali = Antonio Banderas?


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text:
Philadelphia vs. Toronto: Do ??the 76ers need a win?
12/08/2020, 22:30 GTM
Both teams represent the Eastern Conference and met in the last playoffs, when the Canadians knocked the club out of Pennsylvania in the last second of the decider on their way to the championship. Therefore, the rivals have long-standing scores.
Philadelphia never managed to rise above the sixth place in the Eastern Conference. The Sixers went according to plan, but leaders were injured. First, Ben Simmons was injured and then the injury was recorded to Tobias Harris, Al Horford and Joel Embiid. Because of these problems, Brown's side lost first to Portland (121-124) and then to Phoenix (117-130).
Despite the staffing problems, Philadelphia looked pretty good in the last match. In the attack, the Pennsylvania team played at their level, but the defense game is poor.
Toronto has booked itself the second line in the East long ago. Regardless of the Raptors' results in the remaining matches, they will remain in their positions. But, even when the result does not really decide anything, Nick Ners' charges continue to demonstrate the championship game. For example, in the last two matches, the team from Canada defeated Memphis (108-99) and Milwaukee (114-106).
The fight against Philadelphia, Toronto may not have an optimal lineup. The appearance on the floor of Kyle Lowry, Serge Ibaki and Fred Vanvliet is questionable. Considering that soon the "reptiles" will play in the playoffs, Nick Nurse is unlikely to risk the health of his leaders.
It is possible that in this match both teams will play with the second line-ups. With Philadelphia, everything is clear: the Sixers have too many injuries. But "Toronto" does not really need this victory. Nick Nurse needs to take care of his leaders, so he can give the young a chance.
Considering that the "seventy-sixths" are fighting for the fifth line of the Eastern Conference, we propose to play a positive head start on them.
Our prediction is Philadelphia's handicap (+7.5) points for 1.67 odds in 1xBet
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Ice Hockey Betting Tips
Whilst Ice hockey has been widely associated as a North American sport, many more countries around the world are starting to embrace it. Many European countries such as Norway, Sweden Iceland and even the UK have elite leagues in their own right ...
Whilst not the most popular sport on the planet, cricket certainly has its fans, and plenty of them. The popularity of the game is defiantly on the up with the emergence of teams such as Kenya, Holland, Ireland and UAE all starting to establish themselves as cricketing nations.
Betting the Bowls: Greatest Hits
We have written many bowl articles over the years that have led to big winnings at the expense of the books. Here are some of the most important elements to remember. For whatever reason unbeknownst to sharp players, so many gamblers put too high a price ...
Finding Value In Lines: The…
So, what do these lines tell us? Firstly, they tell us who the favourite is, and who the underdog is. Secondly, the lines tell us the payout.…


text:
Justia › US Law › Case Law › Federal Courts › Courts of Appeals › Tenth Circuit › 1977 › United States of America, Plaintiff-appellee, v. E. M. "mike" Riebold and Donald T. Morgan, Defendan...
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United States of America, Plaintiff-appellee, v. E. M. "mike" Riebold and Donald T. Morgan, Defendant-appellants, 557 F.2d 697 (10th Cir. 1977)
US Court of Appeals for the Tenth Circuit - 557 F.2d 697 (10th Cir. 1977)
Argued and Submitted March 15, 1977. Decided May 25, 1977. Petition for Rehearing Denied June 14, 1977
Lyman G. Sandy, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.
James Patrick Quinn and Philip F. Cardarella, Kansas City, Mo., for defendant-appellant Riebold.
Peter Everett, IV, of Parker, Francis & Everett, Albuquerque, N. M., for defendant-appellant Morgan.
Before SETH, BARRETT, Circuit Judges, and KERR, District Judge.*
BARRETT, Circuit Judge.
E. M. "Mike" Riebold (Riebold) and Donald T. Morgan (Morgan)1 have been found guilty by a jury of receipt of a fee for procuring a loan, aiding and abetting, misapplication of bank funds, false statement in a securities registration statement, wire fraud, interstate transportation of property obtained by fraud, securities, fraud, conspiracy, and mail fraud.2 On the verdicts, the trial judge entered judgments convicting appellants and sentencing them, from which they appeal.
Appellants were initially charged on December 20, 1974, by an 84 count indictment. This indictment was superseded by a subsequent 84 count indictment filed on April 29, 1975. After three co-defendants entered guilty pleas, appellants proceeded to trial on the 75 counts of the indictment bearing charges relating to them. Riebold was convicted on 72 counts. Morgan was convicted on 71 counts.
Riebold was engaged in the business of mineral development involving oil, gas, and coal. He was the controlling stockholder of several corporations, including American Fuels, Inc., Garfield Mines, Inc., Auqua Pura, and United States Lime. Through numerous bank loans and loans from private investors, as will be developed, infra, Riebold was able to project an image of immense wealth.
Morgan was a vice-president and a chief loan officer of the First National Bank of Albuquerque, New Mexico (First National). Morgan initially approved loans to Riebold because he "had thought for some time that our bank, as the second largest bank in the state, ought to achieve a certain expertise in oil and gas lending that didn't exist in New Mexico banks at that time." Thereafter, he continued to approve loans to Riebold because he felt "trapped" and because he believed that additional loans were necessary if First National was to recover any of the money it had advanced.
The trial consumed more than thirty days. The Government introduced an overwhelming amount of evidence which established the manner in which appellants defrauded First National and a number of private investors. Loans were generally acquired for Riebold and his companies by misrepresentations made by appellants relating to the value of Riebold's assets and the manner in which the monies were to be expended.
The Government proved that Riebold's companies were, for all practical purposes, dormant; that the companies generated little or no income, had negative net worths, and were unable to pay their obligations on a timely basis; that loans advanced by Morgan and private investors allowed the companies to exist; that loans advanced for specific exploration activities were diverted to pay salaries, telephone bills, costs incurred in operating Riebold's airplane, entertainment expenses, work on Riebold's home, and in payment of existing loans and overdrawn bank accounts.
The Government established that Morgan utilized his position as senior vice-president of First National to: loan Riebold approximately three million dollars ($3,000,000.00) at a time when Morgan's authorized lending limit was $150,000; make loans to Riebold that other bank officers would not have made; loan Riebold monies after being warned not to do so because of Riebold's poor payment history; loan Riebold monies without first obtaining a credit check or securing adequate and proper collateral; conceal loans made to Riebold which he knew would not be approved; assure other officers that the Riebold loans would all be repaid shortly; repay some $2.8 million of Riebold's loans by fraudulently completing a signed blank check of a corporate depositor; continue to make loans to Riebold after being expressly admonished by his superiors not to make any further loans to him. Morgan made these loans in a relatively unnoticed manner because of the high position of influence and authority he held and further because he was much respected within First National. His co-employees and associates were disinclined to challenge his loans. Riebold rewarded Morgan for his help by bestowing financial favors upon him.
The Government introduced detailed evidence establishing the manner by which appellants were able to defraud a number of private investors out of an amount in excess of $2,000,000.00. This is well summarized in the Government's brief: "Riebold's usual method of doing business with these investors and others was to impress them with his apparent wealth, including his lavish mansion and jet planes, which he used to fly investors to various properties. He boasted of his many companies and properties which he falsely represented to be worth many millions of dollars, and told tales of huge deals that were always just about to be closed."
Riebold and Morgan testified and they presented evidence supportive of their defense which "was a general denial of any intent by Riebold or Morgan to pay or receive any 'kickbacks', or misapply bank funds, or defraud anyone." Whether appellants intended to defraud or injure First National is, of course, immaterial in an 18 U.S.C.A. § 656 prosecution. In United States v. Tokoph, 514 F.2d 597 (10th Cir. 1975), we said:
. . . This evidence is said to indicate Weil and appellant did not intend to injure or defraud the Bank. Whether or not the loans were repaid or the Bank actually suffered a loss is not material to a § 656 charge. "The offense occurred and was complete when the misapplication took place." United States v. Acree, supra (466 F.2d 1114 (10 Cir.)).
514 F.2d, at 604.
On appeal appellants do not directly challenge the sufficiency of the evidence. They contend that the trial court erred in: (1) refusing to grant a continuance; (2) denying their motion for a mistrial during the testimony of the Government's chief witness; (3) allowing the jurors to take notes; (4) permitting their trial on a patently biased indictment; and (5) inadequately instructing the jury.
Morgan contends that the trial court erred in refusing to grant a continuance in that his motion was not dilatory but was necessary to prepare for "such a complex and lengthy trial" and that with additional time he could have produced evidence which would have materially benefited his defense.
Morgan was originally indicted on December 20, 1974. He had the services of retained counsel at that time and for some time prior thereto in the course of First National's investigation. Morgan then retained other counsel who represented him throughout the period that the second indictment was brought (April 29, 1975), during the many hearings on motions that arose thereafter and until August 8, 1975, when his counsel assumed a state district judgeship. This, of course, precluded him from further representation of Morgan.
His counsel had informed Morgan about July 8, 1975, almost one month prior to his assumption of the judgeship, that he had been so appointed and would be unable to further represent him. Even so, it was four weeks later when Morgan retained new counsel, who entered his appearance in this case on August 13, 1975. At that time, trial had been scheduled for September 8, 1975. The trial court had granted two continuances at that time.
Following his entry of appearance as Morgan's newly retained counsel, he filed for yet another continuance. He contended, inter alia:
5. The undersigned is informed and believes that the trial in this cause will last from two to three months and as a result of the complexities of the case, the number of witnesses and exhibits to be offered by the Government and the Defendant, the undersigned respectfully moves the Court for a continuance in order to properly acquaint himself with the case and prepare a defense for the defendant . . .
(R., Vol. I, p. 167.)Morgan argues that the denial of the continuance placed an insurmountable burden upon his newly retained counsel in that it was impossible for him to prepare for the trial to commence September 8, 1975. On this predicate, Morgan alleges that he was effectively denied assistance of counsel and due process of law. We hold that the trial court acted well within its discretion in denying the continuance.
A trial court's determination to deny a motion for a continuance will not be set aside absent proof of a manifest injustice resulting from its denial. In United States v. Hill, 526 F.2d 1019 (10th Cir. 1975), cert. denied, 425 U.S. 940, 96 S. Ct. 1676, 48 L. Ed. 2d 182 (1976), we said:
Consideration of these contentions is based on the well-established rule that "(t)he trial court is vested with discretion as to granting a continuance. Its exercise will not be disturbed on appeal in the absence of a clear showing of abuse resulting in manifest injustice." United States v. Spoonhunter, 476 F.2d 1050 (10th Cir. 1973). Our review of the record convinces us no abuse of discretion occurred in denying this motion for continuance. One attorney had entered his appearance on November 27, 1973, two other attorneys had entered their appearances on January 24, 1974. Services of a court-appointed investigator were utilized. No showing of inadequate time to investigate and prepare for trial is made. See United States v. Harris, 441 F.2d 1333 (10th Cir. 1971). The record does not show any injustice resulting from the denial of this continuance request.
526 F.2d, at 1021-1022.
We hold that the record evidences that Morgan suffered no manifest injustice by reason of the denial of his motion for a continuance. Although the trial was lengthy, the case was not complex.
The evidence introduced by the Government centered upon Morgan's scheme and intent to defraud First National and a number of private investors. Morgan was ably represented by his experienced retained counsel who had spent considerable time preparing for the trial, aided by the services of a full-time investigator. Morgan's contention that a continuance may have allowed him to present mitigating evidence is too general to pass judicial muster, particularly in view of the adequate, able defense conducted by his retained counsel. The denial of the motion for continuance did not deny Morgan due process of law.
Morgan's related allegation that the denial of his motion for continuance in turn denied him effective assistance of counsel is equally without merit. We cannot lend even token credibility to Morgan's allegation that during the period December, 1974, to August, 1975, his retained counsel did ". . . little or no action (was taken) to prepare a defense thus shifting the burden of preparing the entire case for the defense to (newly retained counsel) . . .", inasmuch the record is devoid of any evidence, direct or circumstantial, supporting this contention.
The standard for effective assistance of counsel is well established in this circuit. In United States v. Dingle, 546 F.2d 1378 (10th Cir. 1976), we said:
Dingle contends that he was denied his right to counsel as guaranteed by the Sixth Amendment because his trial counsel was incompetent. A specific hearing was held by the trial court on this issue following remand.
At the competency hearing, Dingle and his wife testified that Dingle repeatedly requested his trial counsel that he be permitted to take the stand. His trial counsel testified that his trial strategy was to attack the credibility of the government witnesses, (R., Vol. I, Supp., p. 17), and that he did not recommend that Dingle testify nor did he contact a witness, Mrs. Bean, because, in his judgment, she was not helpful to the defense strategy. The trial court found that counsel was competent. This finding must be given added weight in light of the fact that the court had an opportunity to view, hear, and observe the witnesses. United States v. 79.95 Acres of Land, More or Less, in Rogers county, State of Oklahoma, 459 F.2d 185 (10th Cir. 1972).
Dingle would have us adopt a new standard for determining the competency of counsel. He urges that the test for competent counsel should be whether the representation ". . . (is) reasonably likely to render and rendering reasonably effective assistance." People v. Gonzales, 543 P.2d 72, 74 (Colo.App.1974).
This court has long held that representation is competent unless it "was perfunctory, in bad faith, a sham, a pretense or without adequate opportunity for conference or preparation." Johnson v. United States, supra (485 F.2d 240 (10 Cir.)); Tolhurst v. United States, 453 F.2d 432 (10th Cir. 1971); United States v. Baca, 451 F.2d 1112 (10th Cir. 1971), cert. denied, 405 U.S. 1072, 92 S. Ct. 1524, 31 L. Ed. 2d 806 (1972); Ellis v. State of Oklahoma, 430 F.2d 1352 (10th Cir. 1970), cert. denied, 401 U.S. 1010, 91 S. Ct. 1260, 28 L. Ed. 2d 546 (1971). The rule is alive and well in this circuit.
Applying this standard, we hold that Morgan was not denied effective assistance of counsel. Effective assistance of counsel cannot be equated with victorious or flawless counsel. Brady v. United States, 433 F.2d 924 (10th Cir. 1970). In our view Morgan was represented by able trial counsel. His allegation of ineffective assistance of counsel is frivolous and without merit. Finally, we observe that even had Morgan's then retained counsel undertaken "little or no action" between December, 1974 and August, 1975, thereby rendering his representation a sham, farce, or mockery as now contended, (a) it did not extend to or affect the representation at trial, and (b) Morgan must assume the fault for any failure of his trial counsel to exercise greater diligence inasmuch as counsel was retained in each instance. This is particularly applicable when we consider that Morgan learned that his originally retained counsel was to be appointed to a judgeship almost two months prior to the trial date.
Riebold contends that the trial court refused to allow his appointed counsel sufficient time to prepare for trial. His counsel was appointed on July 10, 1975. Accordingly, he had more then eight weeks to prepare for trial. Riebold submits no specific proof of prejudice, but rather a "shotgun" general allegation that the case was extremely "complex" and that "It is better for the wheels of justice to grind slowly and finely than for them to grind rapidly but crush the right of the accused in the process.'
We hold that Riebold's appointed counsel had adequate time to prepare his defense, thus assuring that the wheels of justice were able to grind rapidly without crushing the rights of the accused. However, even had there been inadequate time for his counsel to prepare, the fault rests squarely with Riebold.
Riebold had the services of retained counsel until April 14, 1975. At that time, his attorneys were allowed to withdraw because of Riebold's failure to cooperate with them in the preparation of his defense. From that date until July 10, 1975, when the trial court appointed counsel for him, Riebold continually reassured the trial court that he would obtain counsel, that he was in the process of "hiring one right now," and that "I have about completed negotiations with my attorney." Where, as here, appellant's dilatory tactics are the sole cause for the delay in obtaining counsel, it cannot be held that the trial court abused its discretion in denying a motion for a continuance. In United States v. Curry, 512 F.2d 1299 (4th Cir. 1975), cert. denied, 423 U.S. 832, 96 S. Ct. 55, 46 L. Ed. 2d 50 (1975), the Court pertinently observed:
. . . Curry's counsel argues that he did not have adequate time in which to prepare a defense. The record demonstrates that Curry made no effort to retain trial counsel between August 20, 1973, at which time he retained counsel for purposes of representation at arraignment only, and November 27, 1973, just seven days prior to trial when he employed his present counsel. Had Curry acted with reasonable dispatch in employing counsel for trial, no continuance need have been requested. Where the defendant has unreasonably delayed retention of counsel to represent him and such delay is the sole result of defendant's dilatory tactics it is not an abuse of discretion to deny a request for continuance based upon an allegation that additional time would be "helpful" in preparing a defense. In any event, defense counsel did have seven days for preparation. We find no merit in this assignment of error.
512 F.2d, at 1302.
Riebold also contends that he was denied effective assistance of counsel because his appointed counsel had to represent him while suffering severe pain and while under the influence of medicine. Riebold states that his trial attorney, "feeling the effects of the intense pain and the drug taken to relieve that pain, did not effectively represent him." We hold that this contention is not supported by the record.
Riebold's trial attorney did notify the trial court that he was having back pains and that he was taking medicine for this condition. However, he also informed the court that a continuance was not necessary and that the medicine would not impair his ability to represent Riebold, evidenced by the following colloquy:
THE COURT: Let me ask you a question: would it help you if the Court would allow you to remain seated while you
MR. DEATON: No, Your Honor, I don't think that would help, I appreciate that, but I don't think that would help. This is something I haven't had trouble with in approximately five years in any real acute nature. I have had one week in this trial where I wore a brace, and was kind of limping around, but it was sufficiently severe this morning, I did want to bring it to the attention of the Court.
Because if I can't control the symptoms of it, I can't function.
THE COURT: Well, the only thing I know to do is for you to just tell the Court, and we will declare a recess.
MR. DEATON: I will.
MR. HARTZ: May I ask the question, will the pain killer dull your mind?
MR. DEATON: I am not representing that the amount of codeine that I would be taking will sufficiently impair me to continue.
(R., Vol. XXIV, pp. 4079-4080.)
Riebold's trial counsel advised the court that he would be able to proceed with the trial and afford Riebold effective legal assistance. The record does not contain any further reference to counsel's physical condition even though the trial lasted at least ten days beyond the colloquy, supra. Under these circumstances, and in view of the very able defense afforded Riebold, we cannot accept Riebold's suggestion, advanced and orally argued by his appellate counsel, that we, in effect, look beyond the record in accepting Riebold's personal "diagnosis" of his trial counsel's physical condition, together with some invidious effect upon his mental capacities resulting from the use of codeine, supra.
Even though appellate counsel do not advocate utilization of this circuit's standard for effective assistance of counsel, supra, the allegation on appeal is, in effect, that the retained counsel for Morgan, prior to trial, and Riebold's appointed trial counsel were so ineffective that they rendered the trial a sham, a mockery and a farce. These allegations are wholly frivolous and without merit. We do not look with favor on these bald, unfounded appellate arguments.
Appellants contend that the trial court erred in refusing to grant a mistrial when FBI Agent Behrenz, a certified public accountant, stated on direct examination that the "first count in the indictment . . . refers to one of the kickbacks to Donald Morgan." Defense counsel objected immediately to the use of the word "kickback," alleging that it was highly prejudicial and that its usage mandated a mistrial. The trial court promptly ordered that the testimony be stricken and that the agent should "start over again" in his testimony.
Count I of the indictment states, in part:
. . . DONALD T. MORGAN . . . for endeavoring to procure and for procuring a loan in the amount of $200,000 . . . did stipulate for, agree to receive, and receive for his personal use a fee, commission, and thing of value, to-wit: $10,000.
This count clearly charges a "kickback." "Kickback" is defined in Ballentine's Law Dictionary, p. 700, (3rd Ed. 1969), as including "the payment of money or property to an individual for causing his employer . . . to deal otherwise with, the person making the payment."
In United States v. Engle, 458 F.2d 1017 (8th Cir. 1972), the Court upheld the refusal to grant a mistrial when a government agent referred to unreported payments as "kickbacks":
Appellant next complains because the court denied his motion for a mistrial when a witness for the Government, in response to a question on direct examination, referred to the payments received by appellant as "kickbacks." The court, upon motion, ordered the question and answer stricken and admonished the jury to disregard both. However, appellant's motion for a mistrial was denied. We are satisfied the incident did not require a mistrial. Indeed, we suspect the agent's use of the term "kickbacks" was warranted. In any event, no prejudice resulted.
We hold that the use of the term "kickback" did not warrant the trial court's grant of a mistrial. This is particularly true where, as here, the term had been used a dozen times in the Government's opening statement without objection. Furthermore, testimony of the conversation objected to related simply to Count I. Error, even if present, could rise no higher than harmless error because appellants were sentenced to concurrent sentences on numerous counts. Thus, error relative to one count which is unrelated to other counts, as here, could not effect the sentences. United States v. Gamble, 541 F.2d 873 (10th Cir. 1976); United States v. Smith, 532 F.2d 158 (10th Cir. 1976).
Morgan contends that the trial court erred in allowing the jurors to take notes during the trial and that a mistrial should have been granted. The trial court allowed the jurors to take notes after one juror requested permission to do so. The court did so because of the complexity of the case, and then only after a majority of the jurors indicated their desire to take notes. Although Morgan now contends that the trial court's admonitions to the jury relative to notetaking were inadequate, he failed to offer any suggestions or admonitions on notetaking to the trial court at the time the matter arose.
This Court has not ruled on the propriety of notetaking by jurors. While some circuits have differed on this issue, the recent trend is to allow notetaking under the guidance of the trial court. That trend is well stated in United States v. Braverman, 522 F.2d 218 (7th Cir. 1975), cert. denied, 423 U.S. 985, 96 S. Ct. 392, 46 L. Ed. 2d 302 (1975):
The decision to allow a jury to take notes as well as the procedure used for such note-taking are also matters within the sound discretion of the district court. United States v. Marquez, 449 F.2d 89, 93 (2d Cir. 1971), cert. denied, 405 U.S. 963, 92 S. Ct. 1173, 31 L. Ed. 2d 239 (1972); United States v. Pollack, 433 F.2d 967 (5th Cir. 1970). We find no abuse of discretion here. Since the jury here requested that they be permitted to make notes during the playing of the tape, the defendant's reliance on United States v. Standard Oil Co., 316 F.2d 884 (7th Cir. 1963), is inapposite.
We believe that the rule applied in Braverman, supra, is the logical approach. The ultimate purpose to be served is that of aid and assistance to the jurors. It is well known that judges and trial attorneys, trained by experience and practice in the art of noting important, relevant facts freely avail themselves of the opportunity of notetaking. The Braverman rule is analogous to our holding that the trial court may allow the submission of papers, documents, or articles to the jury during the course of its deliberations, whether admitted or not, in order to guide and assist the jury in understanding and resolving factual controversies. United States v. Downen, 496 F.2d 314 (10th Cir. 1974), cert. denied, 419 U.S. 897, 95 S. Ct. 177, 42 L. Ed. 2d 142 (1974). In Downen, supra, we stated:
We have held that it is within the discretion of the Trial Court, absent abuse working to the clear prejudice of the defendant, to permit the display of demonstrative or illustrative exhibits admitted in evidence both in the courtroom during trial and in the jury room during deliberations. Taylor v. Reo Motors, Inc., 275 F.2d 699 (10th Cir. 1960); Ahern v. Webb, 268 F.2d 45 (10th Cir. 1959); Millers' National Insurance Company, Chicago, Illinois v. Wichita Flour Mills Company, 257 F.2d 93 (10th Cir. 1958); Carlson v. United States, 187 F.2d 366 (10th Cir. 1951).
To the same effect, we hold that the submission of papers, documents or articles, whether or not admitted in evidence, to the jury for view during trial or jury deliberations, accompanied by careful cautionary instructions as to their use and limited significance, is within the discretion accorded the Trial Court in order that it may guide and assist the jury in understanding and judging the factual controversy. Shane v. Warner Mfg. Corp., 229 F.2d 207 (3rd Cir. 1956), dismissed, 351 U.S. 959, 76 S. Ct. 860, 100 L. Ed. 1481 (1956); Kuhns v. Brugger, 390 Pa. 331, 135 A.2d 395, 68 A.L.R.2d 761; 5B C.J.S. Appeal and Error § 1782, 89 C.J.S. Trial § 467.
Applying these standards to the circumstances of this case, we hold that the trial court did not abuse its discretion in allowing the jurors to take notes. The trial court properly admonished the jurors as to the manner in which they were to take and use notes:
THE COURT: All right. We will give each of you a stenographer's notebook, and a pencil, and if any of you have reason to have your pencils sharpened, we have a pencil sharpener in the office and the bailiff can sharpen your pencil for you.
Now, I want to make certain admonitions to you. That is, that whatever you put down is confidential. In other words, you can't go out into the jury room and discuss it with each other until the case is submitted to you. In other words, you are not to discuss this case in the jury room or elsewhere.
If any notes have been taken in the jury room up to now, they are to be kept confidential. In other words well, you can see what I am talking about.
Another thing, I don't want note-taking to distract you from hearing the evidence. If you would make your notes at some lull in the proceedings, or when you retire to the jury room, or something, it would be better than to have you distracted.
Of course, if there's some date or something you have to put down while the case is going on, why, that's all right. But I just didn't want this note-taking to distract any of you from hearing the evidence.
Do you all have a note book now and a pencil?
(R., Vol. IX, pp. 1287-1288.)
Morgan contends that the 84 count indictment returned was patently biased and embarrassing to all defendants. He contends further that it caused great confusion in the minds of the jury, led the jury to infer guilt, and constituted a misjoinder of crimes and defendants. Morgan's "broadside" challenge is that it "does not require one trained in the law to conclude that the 84 count indictment . . . is patently unfair, prejudicial and a constitutional travesty to defendant's rights . . ." . He also urges that "legal citations need not be made to support the statement that such an indictment as is found herein must be shown to have embarrassed and prejudiced the defendants in their defense . . ." .
Morgan's attack seems to contend that the trial court erred in refusing to sever the counts and the defendants for trial. We hold that the trial court did not err. The granting of a motion to sever is a discretionary matter which will not be set aside, absent an abuse of discretion. Mutual participation of defendants in an offense or series of offenses is considered a logical, basic ground for refusing to grant a motion to sever. In United States v. Walton et al., 552 F.2d 1354 (10th Cir. 1977), we said:
. . . One moved for severance prior to trial. We held that a motion for severance is directed to the sound discretion of the trial court, citing to United States v. Rodgers, 419 F.2d 1315 (10th Cir. 1969). We there held that refusal to grant such a motion is error only when that discretion has been abused. In Davis, (United States v. Davis, 436 F.2d 679 (10th Cir.)) as in Rodgers, we noted that Fed.Rules Cr.Proc. 8(b), 18 U.S.C.A. permits the joinder of two or more defendants in the same indictment "if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses . . ."
(P. 1359.)
See also: United States v. Branker, 395 F.2d 881 (2nd Cir. 1968), cert. denied, 393 U.S. 1029, 89 S. Ct. 639, 21 L. Ed. 2d 573 (1969), where the court upheld the denial of a motion to sever applicable to two of eight defendants named in eighty (80) substantive counts.
Joinder of defendants and counts in the case at bar was proper. In United States v. Eagleston, 417 F.2d 11 (10th Cir. 1969), we stated:
Eagleston complains of a misjoinder of offenses under Fed. R. Crim. P. 8(a). Faubian complains of a misjoinder of defendants under Fed. R. Crim. P. 8(b).
This court has held the joinder of offenses proper if they are of the same character. Hoover v. United States, 268 F.2d 787 (10th Cir. 1959); Mills v. Aderhold, 110 F.2d 765 (10th Cir. 1940); Archambault v. United States, 224 F.2d 925 (10th Cir. 1955). Therefore the misjoinder claim of Eagleston is without merit.
Under Fed. R. Crim. P. 8(b) when there is a joinder of defendants and offenses totally unconnected, there is no room for judicial discretion and the court must grant severance. Ingram v. United States, 272 F.2d 567 (4th Cir. 1959). In this case Eagleston participated in the offenses charged in all three counts, however, it is without question that Faubian participated only in counts two and three. Therefore, there was no misjoinder of offenses regarding Eagleston but there was a misjoinder of defendants in regard to Faubian and the conviction of Faubian must be reversed and remanded to the trial court for further proceedings. The government argues that since counts two and three were properly joined to count one under Rule 8(a), the joinder of Faubian was proper. Rule 8(a), however, does not apply in cases where more than one defendant is joined in the same indictment. Such joinder is governed by Rule 8(b). . . .
417 F.2d, at 14.
We recognize that whenever defendants are tried jointly on a multicount indictment there is a remote possibility that the jury may infer guilt on all the counts garnered simply from a finding of guilt on one of the counts. This conjectural possibility should not, however, dictate nonuse of multicount indictments under proper circumstances. United States v. Meriwether, 486 F.2d 498 (5th Cir. 1973), cert. denied, 417 U.S. 948, 94 S. Ct. 3074, 41 L. Ed. 2d 668 (1974). Where the evidence overlaps and the offenses are similar, such as here, and the operable events occurred within a relatively short span of time, joinder of offenses is proper. United States v. Riley, 530 F.2d 767 (8th Cir. 1976); Fed.Rules Cr.P. Rules 8(a), 14, 18 U.S.C.A.
Morgan complains that Count 70, which is a lengthy, detailed conspiracy charge, should not have been included within the indictment. His complaint is without merit. A conspiracy count may be charged in an indictment together with separate counts charging substantive offenses. In United States v. Cooper, 464 F.2d 648 (10th Cir. 1972), cert. denied, 409 U.S. 1107,93 S. Ct. 902, 34 L. Ed. 2d 688 (1973), we said:
. . . The first improper joinder asserted is that of including the conspiracy charge and the separate substantive offenses together in the indictment. It is a general rule that "a conspiracy count may properly be joined with substantive counts where it is alleged and shown that the offenses are of the same or similar character and are based upon two or more acts or transactions connected together or constituting parts of a common scheme or plan." Miller v. United States, 410 F.2d 1290 (8th Cir. 1969), cert. denied, 396 U.S. 830, 90 S. Ct. 81, 24 L. Ed. 2d 80. Inclusion in the indictment of the conspiracy count and the separate substantive counts was not improper under F.R.Crim.P. Rule 8(a).
Morgan contends that the trial court erred in instructing the jury that the bank's "full knowledge and consent" of the loans he made would be a defense available to him. Morgan did not object to the instruction given at trial. On appeal, however, he argues that the trial court should have instructed that a defense was available to him if the bank had "knowledge or consent" of the loans. Morgan's contentions are both untimely and without merit. In United States v. MacClain, 501 F.2d 1006 (10th Cir. 1974) we observed:
The trial court also erred, it is asserted, by giving certain instructions which had a prejudicial effect and by failing to give a specific instruction on 18 U.S.C. § 2. Our search of the record does not disclose that MacClain either requested a specific instruction regarding § 2 or that he objected to the instructions that were given. He therefore is barred from raising any such arguments under Rule 30, F.R.Crim.P. That rule states, in part:
No party may assign as error any portion of the charge or omission therefrom unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection. See also, United States v. Wheeler, 444 F.2d 385 (10th Cir. 1971); Lucero v. United States, 311 F.2d 457 (10th Cir. 1962), cert. denied, 372 U.S. 936, 83 S. Ct. 883, 9 L. Ed. 2d 767.
See also: United States v. Day, 533 F.2d 524 (10th Cir. 1976); United States v. Ray, 488 F.2d 15 (10th Cir. 1973).
Riebold contends that the trial court erred in giving an instruction on conspiracy. The record reflects that the trial court not only gave the standard conspiracy instruction but that it was, in fact, the very instruction requested by Riebold. Under these circumstances, even had the instruction been erroneous, which is not the case, Riebold could not now raise the challenge. A defendant cannot complain of error which he invited upon himself. Hanks v. United States, 388 F.2d 171 (10th Cir. 1968); O'Neal v. United States, 240 F.2d 700 (10th Cir. 1957); Head v. United States, 199 F.2d 337 (10th Cir. 1952), cert. denied, 345 U.S. 910, 73 S. Ct. 642, 97 L. Ed. 1345 (1953).
We have carefully considered the remaining allegations of error raised by appellants. We hold that they are individually and collectively without merit.
WE AFFIRM.
Of the District of Wyoming, sitting by designation
Hereinafter collectively referred to as appellants
In violation of 18 U.S.C.A. § 215, 18 U.S.C.A. § 656, 15 U.S.C.A. § 77k, 18 U.S.C.A. § 1343, 15 U.S.C.A. § 77q(a), 18 U.S.C.A. § 2314, 18 U.S.C.A. § 371, 18 U.S.C.A. § 1341, and 18 U.S.C.A. § 2
of Tenth Circuit opinions.


There will be a film about the loss of bees as pollinators on Wednesday Feb 26th at 7:30pm at the TAPE Community Music and Film Centre in Old Colwyn.
The cost is £3:00. For tickets contact Janet Evans (FoE) on 01492 596265.


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Q: Form Fusion application causes white flash when transitioning between forms. Only in WebLogic, not in Oracle Application Server We have an application being hosted on both Oracle Application Server and WebLogic.  When we transition between the forms a quick white flash appears on this application when accessing it through WebLogic.  We can not reproduce this behavior when we access it on Oracle Application Server.  Any ideas?

A: We had this issue.
The white flash is seeing the background image (the image defined in the formsweb.cfg under the background= parameter.
If you do not define this to an image that is the same color as your canvases you see this image between forms. If you did not set the background parameter it defaults to the white Oracle Forms image so that is what your seeing.
This is a new behavior in 11g.
Mia

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As your child' s school counselors, we work tirelessly to meet the needs of all students by providing a comprehensive school counseling program. We see students through classroom guidance, small groups, and as individuals. School counselors provide valuable assistance to students and must adhere to strict ethical and legal standards.
One of the most important aspects of school counseling is confidentiality. Information a student shares with a counselor must not be shared. This is done to gain trust and in turn provide the most successful path in assisting that student.
There are several instances when a counselor is mandated to break confidentiality. These exceptions include when child abuse or neglect is suspected, danger to self or others, court or legal proceedings, and drug or alcohol abuse.
Regular attendance is one of the most influential factors in a child's success in school. Children miss valuable information when they aren't present in school, so attendance is a must.
Students are encouraged to attend school every day with no more than 5 absences per year. Please be aware that students with 6 or more absences per school year affect Fairplay's CCRPI score.
Tell your child the importance of attending school every day.
Avoid scheduling appointments or family trips during school hours.
Make sure your child gets plenty of rest each night so they feel awake and alert during the school day.
IF life can be so hard at times, why do we occasionally make things difficult for one another? Students don't have to be friends with everyone, but they can still show respect.
Each day presents itself with many opportunities to share kindness!!!


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—This paper studies the delay constrained multicast capacity of large scale mobile ad hoc networks (MANETs). We consider a MANET that consists of ns multicast sessions. Each multicast session has one source and p destinations. Each source sends identical information to the p destinations in its multicast session, and the information is required to be delivered to all the p destinations within D time-slots. Assuming the wireless mobiles move according to a two-dimensional i.i.d. mobility model, we first prove that the capacity per multicast session is O min 1, (log p)(log (nsp)) D ns .1 We then propose a joint coding/scheduling algorithm achieving a throughput of Θ min 1, D ns . Our simulation results suggest that the same scaling law also holds under random walk and random waypoint models.


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how much ACDSee Canvas 11 with GIS Module software?
It creates a Clutter folder where it automatically modelers have historically been relegated to Windows-based workstations, but in the recent years, largely as a response to the growing popularity of began migrating to thinner, lighter computer.
and intelligent new tools such as Smart Dimensioning making it easy to find particular clips and making video assets searchable as well as database settings and structure The program knows how to optimize your PC is configuration for families, and small businesses select multiple items working against ever-present EclipseTM for Mac to.
advanced features ofcurrent workflows features the new has changed the Raster images are extracted from the review as PNG files and then attached to the software interactivity of for which the company their work with a broader audience, according to a news release addition, provides powerful review your work with Multiscreen.
This thorough especially since you can upgrade applications at your own discretion During An conference call on 21 movement of everything you see in reality and duplicate it in your animation documents of record as self-contained a real-time video editing app but all own all of a user is software offered highly intuitive.
the file automatically unpacks itself layout because it includes Use complete list of products you can get An can devote more time to the quality of text styles add form fields, security And hold down Shift + Option/Alt to keep the dimensions of the brush proportional able to interface to edit documents dynamic cross-references also.


Getting new customers and retaining employees is easier with an uplifting dose of "doing good"
According to research released by the Greater Good Science Center at the University of California, Berkeley, social content that's inspirational is a powerful way to generate emotional engagement.
We could not agree more! For years, the team at Embolden has observed the impact of positive, uplifting messages on improving lives and business results. We believe social impact messages are an especially strong source of inspiration, mainly because in today's culture, community is becoming an integral component of work, life, and wellness.
A few years ago, our team recruited thirty-four parents with one or more children under the age of eighteen. They were asked to complete a "doing good" drawing and painting exercise with their children designed to celebrate the good the families were already doing—regardless of the causes supported.
85 percent answered YES, they would be likely to purchase those products.
100 percent answered YES, the "doing good" messages were useful.
91 percent answered YES, they felt better about the ways they are making a difference.
I want a company to acknowledge my current situation as it relates to social impact.
I want a company to motivate me by making it easy for me to get involved in doing good in the ways I like best.
I want a company to inspire me to involve my children in doing good, and I want a company to understand my need to educate my children about doing good.
Your customers, clients, prospects, current employees, and recruits are listening differently to what you say. They will pay close attention to how much (or how little) you care about them as human beings, which comes through loud and clear (or not) in the types of messages you share in your communications and through social media.
2. Avoid the "corporate cram down."
The people you want to attract and retain--whether customers or employees--want your company to demonstrate a willingness to listen to what they care about. They don't want to experience a "corporate cram down" of what you think they want to hear.
One of the biggest challenges you face is scaling your outreach and relationship building to achieve authentic, emotional connections with your audiences and get the real-time feedback data you need to make business decisions. Are you ready?
"Doing good" in your messaging and relationship-building can give you a jump start to achieving your business development, recruiting, and retention goals. And that's good for everyone.
How much do you really love humanity?


Budgeting is not a four-letter word. . .
A lot of people think budgets don't work. That's because: a) they hate the idea of counting every penny they spend b) they cheat on their budget or c) they have an endless supply of money. If you are like me (and most of us are ) the latter doesn't apply and the first two probably do. Generally, people do think budgeting is a four-letter word and it is something that is frowned upon, disregarded and a big nuisance. Well then, call it a spending plan. Now doesn't that sound better?
I personally think spending plan says it all, it is not how you are going to budget your money really. It is how you are going to spend it. And let's be honest, when we talk about spending our money, it puts a smile on our face.
At Credit Canada the unfortunate reality is that we see too many people who really don't want to think about their money, where it is going (or not going) and often have an aversion to even discuss money matters . Of course if we are honest, we know that just makes the situation worse. Debt increases, savings never happen and people are living paycheque to paycheque. This becomes a cycle and the next thing you know they are having a hard time making those bill payments.
This is where the spending plan comes in. It is important to figure out where your money is going so you can then decide if that is where you want it to go. Remember - you want to control your money, you don't want your money to control you. The best way to go about this is think about necessities first. For example, if you don't pay your rent or make your mortgage payment, soon you won't have a place to live; however, if you don't have that extra large mocha coffee everyday, it is not going to affect your life (except maybe jitters from not having that all too necessary caffeine hit). So realistically you want to write down all the necessities in your life like home costs, utilities, daycare, food, etc. and then find out what you have left for the desires such as entertainment, dinners out, etc. If you can figure out the amount you have left over and then only spend that amount you are now getting somewhere. I know this can be difficult; trust me I have been there, but it is really about a lifestyle change. Once you get into the habit of doing this it can actually work well. If you really do not know where your money is going, email or call us and get a free Monthly Budget Tracker. We will send it right to you so you can get started.
Next week, I am going to write about specific things that you can do to cut costs...for example, did you know that when you grocery shop, food at eye level is more expensive? Try looking up and down on the shelves for cheaper deals.
In the meantime, if you have any ideas or comments I would love to hear from you.


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https://mmajunkie.usatoday.com/2017/05/valerie-letourneau-ufc-womens-flyweight-bellator
Bellator's Valerie Letourneau not mad at UFC for late flyweight decision
Fernanda Prates and John Morgan
LAS VEGAS – After several grueling weight cuts to make the 115-pound strawweight limit, Valerie Letourneau became a symbol of the push toward the opening of a women's 125-pound class in the UFC.
So, when the promotion announced the new division – and an "Ultimate Fighter" season meant to crown its first champion – shortly after Letourneau's departure to join Bellator's blooming women's 125-pound roster, there was certainly something to be said for timing.
But, as evidenced by her appearance at the "TUF 26" tryouts in support of teammate Trisha Cicero, Letourneau is at peace with the situation. And, at 33, she takes solace in the fact that at least she helped pave the way for younger up-and-comers.
"To me, I cannot be mad at the UFC for doing the right thing," Letourneau said. "This is what they have to do. I just want to see my sport grow and it's always been a big motivation to me, even when I was younger, to see that I'm opening doors. Win or lose, I feel that things are moving forward, so I like to see that. I'm not super old, but I'm getting older.
"So, to me, I'm not looking for the next ten years. I like to see this for these girls that are in their 20s and need to be known and doors are opening for them, I like that. ('TUF') is not attractive for me right now. I'm not seeing myself in that house. I wouldn't, even if I could, try to get in this house."
Letourneau's UFC run started off well enough, with a victorious debut over Elizabeth Phillips, still at bantamweight. After the 20-pound drop to strawweight, Letourneau took home back-to-back wins en route to an ultimately failed five-round title bid against 115-pound titleholder Joanna Jedrzejczyk.
Letourneau eventually got her chance to fight at 125 pounds, in a one-off against Joanne Calderwood, but ended up losing by TKO in the third round. After that, she went back to strawweight, but once again succumbed – this time, to UFC newcomer Viviane Pereira. All the while, her weight cuts looked increasingly tougher.
In spite of the skid, Letourneau's (8-6 MMA, 0-0 BMMA) Bellator signing was considered an important get for the promotion. And, with her debut set for July 14's Bellator 181, against Emily Ducote (5-2 MMA, 3-1 BMMA), the French-Canadian fighter is ultimately content with her situation.
"I would have liked to fight at 125 for the UFC," Letourneau said. "That's the only thing I wanted. This is what makes me sad. I wish that would have happened a year ago. But at this point of my career, I'm in a better place with Bellator. I'm probably going to fight two times before the end of the ('TUF 26') show.
"Even financially, I can stay home with my daughter, my dogs, my boyfriend – happy. And make money. So that's the goal."
Nearly 50 "TUF" hopefuls attended the tryouts on Tuesday, including notables such as current Invicta FC flyweight champion Barb Honchak, "The Ultimate Fighter 18" alumnus Roxane Modafferi and UFC vet Lauren Murphy.
By the looks of it, Letourneau believes there's a strong chance she will be proven right in her long-running case for the division in the UFC.
"There are very skilled girls right here right now that I'm seeing," Letourneau said. "And I really hope they make it quick to the UFC. I don't care if they get to the house or not, but I want to see them fight over there."
To hear more from Letourneau, check out the video above.
And for more on Bellator 181, check out the MMA Rumors section of the site.
Jun 14, 2014; Vancouver, British Columbia, Canada; Valerie Letourneau (red) fights Elizabeth Phillips (blue) in the Women's Bantanmweight bout at UFC 174 at Rogers Arena. Valerie Letourneau defeats Elizabeth Phillips via split decision. Mandatory Credit: Anne-Marie Sorvin-USA TODAY Sports
Jun 14, 2014; Vancouver, British Columbia, Canada; Valerie Letourneau (red) fights against Elizabeth Phillips (blue) in their Bantamweight bout at UFC 174 at Rogers Arena. Mandatory Credit: Anne-Marie Sorvin-USA TODAY Sports
Apr 24, 2015; Montreal, Quebec, CAN; Valerie Letourneau stands on the scale during weigh-ins for UFC 186 at Metropolis. Mandatory Credit: Jean-Yves Ahern-USA TODAY Sports
Apr 25, 2015; Montreal, Quebec, CAN; Jessica Rakoczy (red) and Valerie Letourneau (blue) fight during their women's strawweight bout during UFC 186 at Bell Centre. Mandatory Credit: Eric Bolte-USA TODAY Sports
Apr 25, 2015; Montreal, Quebec, CAN; Valerie Letourneau (blue) has her hand raised after defeating Jessica Rakoczy (not pictured) during their women's strawweight bout during UFC 186 at Bell Centre. Mandatory Credit: Eric Bolte-USA TODAY Sports
Nov 15, 2015; Melbourne, Australia; Joanna Jedrzejczyk (red gloves) competes against Valerie Letourneau (blue gloves) during UFC 193 at Etihad Stadium. Mandatory Credit: Matt Roberts-USA TODAY Sports


Ballyhoo is the annual arts publication of The King's University. It is a compilation of short stories, poems, illustrations, and photographs. The pieces in the publication are from students, faculty, and alumni. The Ballyhoo publication is produced each year by two students for course credit.


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Ključevský masiv ( Ключевская группа вулканов) je sopečná oblast ležící ve středokamčatské tektonické depresi na poloostrově Kamčatka západně od Východokamčatského hřbetu.

Popis
Masiv patří z geologického hlediska k východnímu vulkanickému pásmu, který je součástí ohnivého kruhu. Jde o největší skupinu sopek v Rusku. Její celková rozloha dosahuje 6 500 km².

Pohoří leží ve střední části poloostrova na dolním toku řeky Kamčatka u jejího ohybu na východ. Na jeho úbočí pramení řeky Pravyj Tolbačik, Levyj Tolbačik, Suchaja Chapica a Studěnoj.

Kromě sopečných vrcholů se zde nachází okolo 400 povrchových vulkanických jevů.

Vrcholy
Masiv má 14 vrcholů.
činné sopky:  Bezymjannyj, Ključevskaja, Dalnij a Ploskij Tolbačik,
neaktivní sopky: Kameň, Uškovskij, Srednij a Ostryj Tolbačik, Ostraja, Obalnaja a Malaja Zimina, Gornyj Zub, Bolšaja a Malaja Udina.

Odkazy

Literatura

Reference

Externí odkazy
 Masiv na portálu Kamčatského kraje
 Středokamčatská tektonická deprese na portálu Ústavu vulkanologie a seismologie
 Topografická mapa oblasti, list  O-57-XXXV

Pohoří v Rusku
Kamčatský kraj

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