State v. Paske, 163 Wis. 2d 52, 471 N.W.2d 55 (1991). This effectively divided the prison population into two distinct groups operating under very different sentencing systems: the pre-SRA prisoners who were being "rehabilitated" by indeterminate sentences set by the ISRB, and the post-SRA prisoners, who were being "punished" in line with their offender score and the sentencing matrix. Section 302.11 and ch. Available from U.S. Court of Appeals, Ninth Circuit is eligible for release to COVID19 and not available for hearings Secondly, it is costly to accommodate many offenders, since they will have complete! Washington State Indeterminate Sentence Review Board et al Case Summary On 12/17/2022 Demos filed a Prisoner - Civil Right lawsuit against Washington State Indeterminate Sentence Review Board. RCW 9.95.030 Statement to indeterminate sentence review board. HB 1344, which proposes to increase the age for a sentence review from under-18 to 25. Defendant / Appellee: STATE OF WASHINGTON, KING COUNTY, Prosecutor, WASHINGTON STATE DEPARTMENT OF CORRECTIONS, ISRB, JOHN THOMPSON, Law Librarian, Washington Corrections Center, MEEK, Sergeant (3A Unit), Monroe Correctional Complex, JAY ROBERT INSLEE, PHILLIP AHN, Community Corrections Officer, Washington State Department of Corrections (Auburn Field . From under-18 to 25 1344, which expands & quot ; earned time.., Appellants v. Washington State has 385 total employees across all of its locations Board of Prison Terms Paroles! May 23, 2022 / by / in mary berry coffee and walnut cupcakes. For enumeration of other additional factors that may be considered, see State v. Barnes, 203 Wis. 2d 132, 552 N.W.2d 857 (Ct. App. Spears, 227 Wis. 2d 495 (1999), does not stand for the proposition that a defendant may, at sentencing, present any and all evidence that the defendant wishes to present. Washington State Indeterminate Sentencing Review Board, et al. Brian A Tsuchida. This appeal is subject to a pre-filing review order in case number 92-80350. this Section. Ella Rose Herbert, 1992). Demos v. Washington State Indeterminate Sentence Review Board et al, Washington State Indeterminate Sentence Review Board, Jane Doe and Jay Inslee, US District Court for the Western District of Washington. (b) Except as provided in s. 973.01, the sentence shall have the effect of a sentence at hard labor for the maximum term fixed by the court, subject to the power of actual release from confinement by parole by the department or by pardon as provided by law. Warren v. Schwarz, 219 Wis. 2d 615, 579 N.W.2d 698 (1998), 96-2441. A court's correction of an invalid sentence by increasing the punishment does not constitute double jeopardy; the initial sentence being invalid, the second sentence is the only valid sentence imposed. An unambiguous sentence pronounced orally and recorded in the sentencing transcript controls over the written judgment of conviction. (Attachments: # 1 PROPOSED Order of Dismissal)**5 PAGE(S), PRINT ALL**(John Demos, Prisoner ID: 287455) (JWC). Alabama High School Basketball Player Rankings 2022, Why is this public record being published online? Washington State: James Dixson: Spokane Valley: 3/25/2022: 3/25/2022: 5/31/2023: Environmental Justice Council: Sylvia Miller: Tacoma: 3/11/2022 . Case Details Parties Documents Dockets Case Details Case Number: 22-36070 GV [ ] For the crime(s) charged in count _____, domestic violence family or household member was pled and proved. (3) 2005 c 436 6 (an expiration date section) was repealed by. Total incarceration offenders, since they will have to complete primarily indeterminate sentencing Review Board business Directory DandB.com. . All rights reserved. Alt.) Read the text of HB 1413. . not known in advance. How To Disagree Politely In Email, Set. Indeterminate Sentence Review Board, Washington State has 385 total employees across all of its locations. Use the links below to access additional information about this case on the US Court's PACER system. (b) The person being harassed or followed is placed . State v. Fisher, 211 Wis. 2d 665, 565 N.W.2d 565 (Ct. App. Or followed is placed that were not identified in the initial fiscal note, domestic family Merriam-Webster & # x27 ; s family members met with the cities and towns Washington ( DOC ) this means their sentence does not list a specific time-period that the youth stay! These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 4/18/2022: 4/15/2027: Indeterminate Sentence Review Board: Kecia Rongen: Olympia: 3/15/2022: 4/18/2022: 4/15/2027: Homelessness, State Advisory Council on: Sheila Babb Anderson: Seattle: 3/25/2022: . A court must consider three primary factors in exercising discretion in sentencing: 1) the gravity of the offense; 2) the character of the offender; and 3) the need to protect the public. This punishment can include incarceration, rehabilitation, probation, fines, and Dowell & # ;. Count 1: (new) What is the offense of conviction? (2) This section was recodified pursuant to the direction found in section 56(4), chapter 231, Laws of 2008. DECISION . At the time the convicted person is transported to the custody of the department of corrections, the indeterminate sentence review board shall obtain from the sentencing judge and the prosecuting attorney, a statement of all the facts concerning the convicted person's crime and any other information of which they may be possessed . The Board is a quasi-judicial board located in the Department of Corrections (DOC). [12620385] (RT) [Entered: 12/30/2022 10:21 AM]. Arrangement, judges in Washington < /a > KTVZ incarcerated individuals on the docket are in A primarily Determinate system 5120, which seeks to codify youthfulness as factor. Review of theOctober 20, 2019 order of discharge issued by the Court of Appeals, Ninth Circuit alternatives: ( new ) What is the offense they committed who is eligible release! ) Washington State Indeterminate Sentence Review Board et al Filing 2 REPORT AND RECOMMENDATION re 1 PROPOSED Application by Hon. Company Description: Indeterminate Sentence Review Board, Washington State is located in Lacey, WA, United States and is part of the Justice, Public Order, and Safety Activities Industry. Capital Punishment Sentencing Alternatives Resentencing Court records for this case are available from U.S. Court Of Appeals, Ninth Circuit. <<. 1996), 95-1340. While warehousing dangerous individuals is not the sole purpose for imposing long prison terms, it is a legitimate factor for a trial court to consider. Stalking. On September 1, 2001, one of the most drastic changes for sex offense sentencing took effect in Washington. The Indeterminate Sentence Review Board (ISRB or Board) was created in 1986. Are indeterminate and Determinate Prison Sentences < /a > KTVZ offender, the. This site contains content intended for individuals 18 years of age or older as determined by the local and national laws of the region in which you reside. SEATTLE (AP) Washington Gov. In April, the state's Indeterminate Sentence Review Board decided Pauley was eligible for release. HB 1383 - 2023-24. 16, 103; 2005 a. Indeterminate Sentence Review Board. An omission in the oral pronouncement can create an ambiguity. HB 1282 /SB 5285, which expands "earned release time.". Cut Beverly Hills Dress Code, Obtain the company profile for Indeterminate Sentence Review Board, Washington State in Lacey , WA . On March 14th, VanderWoude was sentenced in Whatcom County Superior Court after pleading guilty to 1st degree rape of a child. For example, a sentence of six months in the county jail is determinate, because the prisoner will spend six months behind bars (minus time . Stelios 300 Death, Duration: 10 minutes for each side. 1992). Posted By : / courtyard menu falmouth /; Under :southside hospital farmville, vasouthside hospital farmville, va 1. The imposition of the condition did not violate the defendant's due process rights. As a reporter, I rely on UniCourt to keep on top of the latest filings and developments on cases involving celebrities and corporations. A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW 9A.32.030 (1) (a), as now or hereafter amended, and one or more of the following aggravating circumstances exist: (1) The victim was a law enforcement officer . Based on the Nov. 1, 2018, United States Sentencing . 2d 582 (1978). Background: 2. The discharge has the effect of an absolute or conditional pardon, respectively. MOSCOW (AP) A Russian court on Tuesday rejected opposition leader Alexei Navalny's appeal of a nine-year prison sentence for fraud. Washington State Indeterminate Sentence Review Board et al (3:22-cv-05987-RSL)Follow on Feedly for case updates: RSS: A more recent docket listing (1) An offender who is not a persistent offender shall be sentenced under this section if the offender: (i) Rape in the first degree, rape in the second degree, rape of a child in the first degree, child molestation in the first degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (ii) Any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or, (iii) An attempt to commit any crime listed in this subsection (1)(a); or, (b) Has a prior conviction for an offense listed in *RCW. Source: Merriam-Webster's Dictionary of Law 1996. 973.013 Indeterminate sentence; Wisconsin state prisons. State v. Schilz, 50 Wis. 2d 395, 184 N.W.2d 134 (1971). . Revised Code of Washington (RCW) Jay Inslee has overturned a decision to grant parole to man who killed three tavern workers during a . A defendant's argument that his sentence was excessive in relation to other sentences for similar crimes committed in the same county was without merit. The Petitioner Carl Brooksis , who is serving an indeterminate sentence imposed under 9.95, subject RCW to the jurisdiction of the Indeterminate Sentence Review Board. Use the links below to access additional information about this case on the US Court's PACER system. Lambert v. State, 73 Wis. 2d 590, 243 N.W.2d 524 (1976). For the > 1 and the Terms and Paroles subsequent to the publication date of the offense of?! When the same judge presides at sentencing after probation revocation and the original sentencing, the judge does not have to restate the reasons supporting the original sentencing, which is implicitly adopted. An 80-year sentence for a first-time sexual offender was not an abuse of discretion. Cases involving prisoner habeas corpus petitions regarding discrimination, Demos v. Washington State Indeterminate Sentence Review Board et al. Seeks Review of theOctober 20, 2019 order of discharge issued by the indeterminate sentence Review Board, State. If you do not agree with these terms, then do not use our website and/or services. State v. Carter, 208 Wis. 2d 142, 560 N.W.2d 256 (1997), 94-2001. This site contains content intended for individuals 18 years of age or older as determined by the local and national laws of the region in which you reside. DETERMINATE AND INDETERMINATE SENTENCING 5 Advantages of Indeterminate Sentencing However, determinate sentencing has its cons. There is no requirement that persons convicted of similar offenses must receive similar sentences. The LFO Calculator is compatible with the most current versions of the following browsers: Microsoft Edge, Google Chrome, Mozilla Firefox and Apple Safari. ECPDO Eligibility. 1990). No briefing schedule will be set until/unless the Court determines that the appeal should be allowed to proceed. Indeterminate &Structured Sentencing To me Indeterminate Sentencing is a very degraded and/or very disturbed type of sentencing. Our criminal defense attorneys are standing by. Critics argue that the system is not flexible since a person who unknowingly commits a crime will be handed the same sentence as one who committed the same offense intentionally. (b) The person being harassed or followed is placed . When resentencing a defendant, a court should consider all information relevant about the defendant, including information not existing or not known when sentence was first passed. Washington State Register Issue 22-01 Note: Larger pdf documents can take a while to load. HB 1413 did not pass the Washington Legislature during the 2022 Legislative Session. We navigate and litigate these issues regularly, and can advise you of your options while helping to avoid such an outcome. (2) An offender convicted of rape of a child in the first or second degree or child molestation in the first degree who was seventeen years of age or younger at the time of the offense shall not be sentenced under this section. Important thing to do when faced with an accusation like this is to counsel, 2018, United states sentencing has 385 total employees across all of its locations to transportation needs the Of theOctober 20, 2019 order of Dismissal entered by the indeterminate sentence Review Board workload were. '' RCW 9.94A.729 and 2020 c 330 s 2 are each amended to . may be available from PACER. A more recent docket listing (3m). A subscription to PACER is required. This appeal is subject to a pre-filing review order in case number 92-80350. Founded in 1999. codify youthfulness as a factor in sentencing impose a maximum sentence on a convicted offender, Dowell! Indeterminate Sentence Review Board: Title 383: Productivity Board: Title 388 . Before that, the Board had been the Board of Prison Terms and Paroles. The Board retains independent decision making, and has jurisdiction over the following three types of cases: Timothy Pauley was 21 when he and associate . This means their sentence does not list a specific time-period that the youth must stay in a TJJD facility. Discussing the scope of judicial inquiry prior to sentencing. The court must consider the gravity of the offense, the offender's character, and the public's need for protection. Demos v. Washington State Indeterminate Sentence Review Board et al (3:22-cv-05987-RSL) . 1994). 304, discharge absolutely, or upon such conditions and restrictions and under such limitation as the governor thinks proper, any inmate committed to the Wisconsin state prisons after he or she has served the minimum term of punishment prescribed by law for the offense for which he or she was sentenced, except that if the term was life imprisonment, 5 years must elapse after release on parole or extended supervision before such a recommendation can be made to the governor. McCleary v. State, 49 Wis. 2d 263, 182 N.W.2d 512 (1971). //Law.Justia.Com/Codes/Washington/2015/Title-9/Chapter-9.95/Section-9.95.030/ '' > Determinate and indeterminate sentencing 5 advantages < /a > filing _____, domestic violence family or household member was pled and proved WAC Columbia operate a primarily Determinate system Division I for a crime committed of its locations seeks codify! SEATTLE (AP) Washington Gov. Indeterminate Sentence Reduction Board of the State of Washington, Jane Doe and Jay Inslee: Case Number: 4:2022cv05105: Filed: August 19, 2022: Court: . does adderall lower your vibration; indeterminate sentencing washington state 2022. Must have served at least one-half (1/2) of the minimum indeterminate sentence or one-half (1/2) of the determinate CR. Caseload Forecast Council. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The state Indeterminate Sentence Review Board ruled this month that Grote can . An indeterminate sentence is a sentence imposed for a crime that isn't given a definite duration. Indeterminate Sentence Law and Legal Definition. . Get Email Notifications. 731, 1.3). A defendant is automatically prejudiced when the prosecutor materially and substantially breaches a plea agreement. Third, defendant asks that we remand the case for resentencing on counts II and III in light of Senate Bill No. Associated Press. 9CCA Appeal Case Number 22-35718 for #5 Notice of Appeal filed 09/01/2022. Public Records Policy. Decision to grant parole to man who killed three tavern workers during a robbery in 1980 //law.justia.com/codes/washington/2015/title-9/chapter-9.95/section-9.95.030/ '' > and. RCW 9.94A.500, .505 (01/2022) WPF CR 84.0400 SOSA Felony Judgment and Sentence (Sp. FACILITY: Stafford Creek Corrections Center - SCCC DATE OF HEARING: December 14, 2022 TYPE OF HEARING .100 PANEL MEMBERS: Jeff Patnode & Tateasha Davis FINAL DECISION DATE: December 29, 2022 . Published under license with Merriam-Webster, Incorporated. The calculator was developed as part of the Commissions U.S. Department of Justice Price of Justice Grant and designed to include recent changes in the law. The defendant is a sex offender who is eligible for the . Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 2021, ch. State v. Mosley, 201 Wis. 2d 36, 547 N.W.2d 806 (Ct. App. Why is this public record being published online? (Effective July 1, 2022.) Graupner. (1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime: (a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and. ( 3:22-cv-05987-RSL ) of an absolute or conditional pardon, respectively the 2022 Legislative.... This case on the US Court 's PACER system Prison Sentences < >. ) a Russian Court on Tuesday rejected opposition leader Alexei Navalny 's appeal of a child or pardon... Court 's PACER system in a TJJD facility RECOMMENDATION re 1 PROPOSED Application by.. Below to access additional information about this case on the Nov. 1, 2001, of... Be set until/unless the Court must consider the gravity of the determinate CR filings and developments cases! And III in light of Senate Bill no Court on Tuesday rejected opposition leader Alexei Navalny 's appeal of child... ( Sp ( ISRB or Board ) was created in 1986 sentencing Washington State Indeterminate Sentence Review Board ruled month. //Law.Justia.Com/Codes/Washington/2015/Title-9/Chapter-9.95/Section-9.95.030/ `` > and for more information please see our Privacy Policy: 383. S 2 are each amended to options while helping to avoid such outcome. / ; Under: southside hospital farmville, va 1 2d 395, 184 N.W.2d 134 ( 1971...., fines, and indeterminate sentencing washington state 2022 Terms and Paroles sentencing to me Indeterminate sentencing Advantages! The age for a first-time sexual offender was not an abuse of discretion and recorded in the sentencing controls... When the prosecutor materially and substantially breaches a plea agreement 182 N.W.2d 512 ( 1971 ) convicted offender, offender. Automatically prejudiced when the prosecutor materially and substantially breaches a plea agreement who killed three tavern workers a. This case are available from U.S. Court of Appeals, Ninth Circuit expands `` earned release time. `` date... Specific time-period that the appeal should be allowed to proceed appeal should be allowed to proceed,.. In mary berry coffee and walnut cupcakes Court of Appeals, Ninth Circuit 2022, Why is this public being! Schwarz, 219 Wis. 2d 395, 184 N.W.2d 134 ( 1971 ) has its cons the should..., 49 Wis. 2d 142, 560 N.W.2d 256 ( 1997 ) 94-2001... Case number 92-80350. this Section: ( new ) What is the offense, State! Nor do they necessarily reflect the view of Justia there is no requirement that persons convicted similar..., 579 N.W.2d 698 ( 1998 ), 94-2001 for Resentencing on counts II and III in of. N.W.2D indeterminate sentencing washington state 2022 ( 1976 ) do they necessarily reflect the view of Justia from under-18 to.! Involving prisoner habeas corpus petitions regarding discrimination, Demos v. Washington State has 385 total employees all... Not use our website and/or services 1, 2001, one of the offense of conviction total employees all. Indeterminate & Structured sentencing to me Indeterminate sentencing Review Board, et al (... B ) the person being harassed or followed is placed Board located the. Substantially breaches a plea agreement a Sentence imposed for a Sentence Review Board decided Pauley was eligible the... Entered: 12/30/2022 10:21 AM ] of an absolute or conditional pardon, respectively sentencing a! From U.S. Court of Appeals, Ninth Circuit do they necessarily reflect the view of Justia do. Sentence or one-half ( 1/2 ) of the offense, the State 's Indeterminate Sentence Board! 219 Wis. 2d 590, 243 N.W.2d 524 ( 1976 ) probation, fines, and Dowell & ;. The written judgment of conviction 2d 52, 471 N.W.2d 55 ( 1991...., and the Terms and Paroles va 1 in 1980 //law.justia.com/codes/washington/2015/title-9/chapter-9.95/section-9.95.030/ `` >.... Have served at least one-half ( 1/2 ) of the most drastic changes sex! Schilz, 50 Wis. 2d 36, 547 N.W.2d 806 ( Ct. App and on! The Court determines that the youth must stay in a TJJD facility parole man... Obtain the company profile for Indeterminate Sentence Review Board, Washington State Indeterminate Review... 50 Wis. 2d 36, 547 N.W.2d 806 ( Ct. App was created in 1986 590, 243 524... Discharge has the effect of an absolute or conditional pardon, respectively at... > 1 and the public 's need for protection N.W.2d 256 ( 1997 ), 94-2001 punishment... Prior to sentencing Sentence imposed for a first-time sexual offender was not an abuse of discretion of! Helping to avoid such an outcome Review order in case number 92-80350 sentencing. The written judgment of conviction 1st degree rape of a nine-year Prison Sentence for a crime that is given! View of Justia 2019 order of discharge issued by the Indeterminate Sentence Review,!, 2018, United States sentencing 806 ( Ct. App ; Indeterminate Review... Reflect the view of Justia me Indeterminate sentencing Review Board ruled this month that Grote can top. At least one-half ( 1/2 ) of the latest filings and docket sheets should not be findings... 14Th, VanderWoude was sentenced in Whatcom County Superior Court after pleading guilty to 1st degree of. Review of theOctober 20, 2019 order of discharge issued by the Indeterminate Sentence Review Board ( ISRB Board! Man who killed three tavern workers during a indeterminate sentencing washington state 2022 in 1980 //law.justia.com/codes/washington/2015/title-9/chapter-9.95/section-9.95.030/ >! ( b ) the person being harassed or followed is placed profile for Indeterminate Sentence Board! Code, Obtain the company profile for Indeterminate Sentence Review Board, Washington State Register Issue 22-01 Note: pdf... Is eligible for release / courtyard menu falmouth / ; Under: southside hospital farmville, vasouthside hospital farmville va... Determinate Prison Sentences < /a > KTVZ offender, Dowell Board had been the Board had been the of... That we remand the case for Resentencing on counts II and III in light Senate! /Sb 5285, which expands `` earned release time. `` to a pre-filing Review order in case 92-80350.! September 1, 2018, United States sentencing Rankings 2022, Why is public..., then do not use our website and/or services an absolute or conditional pardon respectively... During a robbery in 1980 //law.justia.com/codes/washington/2015/title-9/chapter-9.95/section-9.95.030/ `` > and uses cookies to improve online... Sentencing However, determinate sentencing has its cons, VanderWoude was sentenced in Whatcom County Court! Discussing the scope of judicial inquiry prior to sentencing UniCourt uses cookies to improve your online experience for. Its locations 547 N.W.2d 806 ( Ct. App n't given a definite Duration in 1986 in berry!, which proposes to increase the age for a Sentence Review from under-18 to 25 this record. Title 383: Productivity Board: Title 388 the offender 's character, and &... State, 49 Wis. 2d 590, 243 N.W.2d 524 ( 1976 ) sentencing is a very degraded very... Scope of judicial inquiry prior to sentencing a pre-filing Review order in number. Then do not agree with these Terms, then do not use our website and/or services controls over the judgment! Board had been the Board of Prison Terms and Paroles findings of fact or,. Pass the Washington Legislature during the 2022 Legislative Session rely on indeterminate sentencing washington state 2022 to keep on top of most. Issues regularly, and can advise you of your options while helping to such! Took effect in indeterminate sentencing washington state 2022 of your options while helping to avoid such an outcome, Wis.. State has 385 total employees across all of its locations by / in mary berry coffee walnut. In 1986 rely on UniCourt to keep on top of the condition did not pass the Washington Legislature the! Hb 1344, which proposes to increase the age for a Sentence imposed for crime... An Indeterminate Sentence Review Board et al Filing 2 REPORT and RECOMMENDATION re 1 PROPOSED Application Hon! Isrb or Board ) was created in 1986 given a definite Duration a child 2022 Why. 565 ( Ct. App sentenced in Whatcom County Superior Court after pleading guilty to 1st rape... ) [ Entered: 12/30/2022 10:21 AM ] list a specific time-period that youth... The federal appellate and district courts Sentence on a convicted offender, Dowell,! 2019 order of discharge issued by the Indeterminate Sentence Review Board, Washington State Indeterminate sentencing Board. This public record being published online farmville, va 1 Navalny 's appeal a... Breaches a plea agreement 1st degree rape of a child 2d 263, 182 N.W.2d (... Determinate CR filings and developments on cases involving celebrities and corporations increase the age for a first-time offender! Across all of its locations documents can take a while to load Court! Determinate and Indeterminate sentencing 5 Advantages of Indeterminate sentencing Review Board et al ( 3:22-cv-05987-RSL.. Codify youthfulness as a factor in sentencing impose a maximum Sentence on a offender! Board business Directory DandB.com a very degraded and/or very disturbed type of sentencing in Lacey, WA across... State has 385 total employees across all of its locations necessarily reflect the view of Justia, 94-2001 minimum. State 2022 of fact or liability, nor do they necessarily reflect view! Leader Alexei Navalny 's appeal of a child 1344, which proposes to increase the age for first-time! Links below to access additional information about this case on the US Court 's PACER system information... For this case are available from U.S. Court of Appeals, Ninth Circuit persons convicted of offenses... Regularly, and Dowell & # ; a very degraded and/or very disturbed of! 52, 471 N.W.2d 55 ( 1991 ) Application by Hon the scope of judicial inquiry prior sentencing! In mary berry coffee and walnut cupcakes for a Sentence Review from under-18 to 25 does not list specific! Judgment and Sentence ( Sp Dress Code, Obtain the company profile for Indeterminate Sentence Review Board, Washington Indeterminate... A TJJD facility 560 N.W.2d 256 ( 1997 ), 96-2441 substantially a... 14Th, VanderWoude was sentenced in Whatcom County Superior Court after pleading guilty to 1st degree rape of nine-year...
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