1. Field of the invention
The present invention relates to a non-contact conveying device for lifting up articles without physical contact with the articles by utilizing a gaseous medium such as air. Specifically, this invention relates to a device utilizing ejector effect and Bernoulli effect to lift up articles, as well as hovercraft effect and gas flow cushion effect to prevent injurious contact to the surface of the device.
2. Description of the Prior Art
The use of a gaseous medium such as air to support and/or lift articles is well known in the art and includes, for example, such devices as pickup heads and air truck systems.
In certain devices, suction, such as a vacuum or a negative pressure source, is employed to lift and/or support the articles. However, in many applications, for example processing and handling of semiconductor wafers, the use of a vacuum device is undesirable because physical contact between articles and a pickup device makes the articles susceptible to contamination and/or damage.
Other devices which use a positive pressure source to lift or support an article are of the so-called Bernoulli type.
Examples of Bernoulli type pickup head are disclosed in U.S. Pat. Nos. 3,438,668; 3,539,216; 4,002,254; 4,009,785; 4,029,351; 4,566,726; 3,523,706; 3,993,301; and a publication entitled "Wafer pickup with air barrier" (IBM Technical Disclosure Bulletin, Vol. 11, No. 2, July 1968).
All of these aforementioned devices are contructed to utilize the pressure-velocity relationship expressed in the Bernoulli principle to achieve a desired Pickup action.
The devices are constructed with a gas-flow boundary surface arranged adjacent the article that is to be picked up, such as a semiconductor wafer. A nozzle coupled to a positive pressure gas supply is formed in the middle of the flow boundary surface.
The velocity of the air flow is increased as it leaves the nozzle and consequently the pressure adjacent the flow boundary surface will be decreased. So, therefore, if the flow boundary surface is placed near a complimentary surface of an article to be picked up, the pressure between them will be sufficient to cause the article to be moved toward the flow boundary surface and thereby be picked up. At the same time, the flowing air provides a cushion to prevent damaging contact of the article with the surface of the device.
The aforementioned patents and publications disclose devices that utilize the Bernoulli effect to pickup articles and the gas flow cushion effect.
However, the non-contact conveying device of this invention utilizes not only ejector effects and Bernoulli effects to pick up articles, but also hovercraft effects and gas flow cushion effects to prevent the damaging contact.
U.S. Pat. No. 3,233,433 and a publication entitled "Self-Centering Non-Contact Pick-up", (IBM Technical Disclosure Bulletin, Vol. 2, Jan. 1980) have a chamber connected to a vacuum supply to lift articles as well as a chamber connected to a pressure supply to prevent contact with articles. However, in the pickup head of the present invention, the motion to lift up articles is achieved only by the gaseous flow of positive pressure.
U.S. Pat. No. 4,474,397 utilizes a suction force by an aspirator jet caused by exhaust gas. But, it has none of the Bernoulli effect, hovercraft and gas flow cushion effect.
A pickup head of the IBM Technical Disclosure Bulletin of September, 1976 (Vol. 19, No. 4) has a downwardly opening chamber having a downwardly inclined inner surface wherein the article exists at the bottom thereof, and a vertically extending inlet nozzle as shown in FIG. 26(b). FIG. 26(a) shows the pickup head of the present invention. FIG. 26(c) shows a graph of the relationship between the pressure caused on the surface of an article and the distance from the center of the pickup head, wherein P is the pressure caused on the surface of an article and Po is the pressure of the positive gas supply. It can be seen that the maximum negative pressure ratio P/Po of the present invention is about -1.5. The maximum negative pressure P/Po of the pick up head of the IBM device is -0.6 and is substantially smaller than that of the invention. The ratio P/Po of the IBM device is similiar to that of the prior pickup head of the Bernoulli type utilizing only the Bernoulli effect and gas flow cushion shown in FIG. 5. It is recognized that, in the IBM pickup head having a downwardly inclined inner slope, the only way of lifting the article is by means of the Bernoulli effect which is caused by the reduced static pressure produced by gaseous flow in the narrow space formed between the pickup head and the upper surface of the article, the same as the ordinary prior art shown in FIG. 5. Thus, the narrow space formed between the article and the pickup head of the IBM device does not work as a cushion-vacuum room.
In order to enable the opening chamber to function as a cushion-vacuum room, a diameter of the article should be larger than that of the Bernoulli Part which is the lowest part of the operating surface. However, in the pickup head of IBM, the outer surface of the article is positioned near the inclined inner slope of the pickup head, that is, the opening chamber of IBM pickup head is not the cushion-vacuum room. Furthermore, to keep the diameter of the article larger than that of the Bernoulli part, the gas flow will flow smoothly in the clearance between the article and the Bernoulli part, and accordingly, Bernoulli effect is effective, and the ejector effect in the cushion-vacuum room becomes larger because of the effective Bernoulli effect.
The pickup heads of British Patent No. 1,054,966 produce only a Bernoulli action which is caused by a reduced static Pressure by conducting a current of gas through a gap between the device and a surface of the article. A deflecting element is disposed to attain the highest possible jet velocity in the passage to decrease the resistance of flow from the conduit into the passage Russian Patent No. 1,151,497 lifts an article by a reduced static pressure due to Bernoulli effect.
As described above, the aforementioned patents and publications utilize only Bernoulli effect to lift articles and gas flow cushion to prevent injurious contact of articles with the surface of the device.
The non-contact conveying device of this invention utilizes not only ejector effect and Bernoulli effect to lift articles, but also hovercraft effect and gas flow cushion effect to prevent injurious contact of articles with the surface of the device.


Q:

Solve conditional equation with two variables, and one variable within a range

I have a simple equation s=n/r, knowing that s and n are between 0 and 1, and r>0, how do I find the values of n and s that make this equation true?
I am interested in proceeding in two ways.
(i) Set a value for r and then find all n,s pairs that solve the equation
(ii) Find all values of r,s,n when the equation is true, always by keeping the constraints mentioned above

A:

The triplet $(r,n,s)$ is a solution of the equation with the other conditions iff
$$(r,n,s)\in (0,\infty)\times (0,\min(1,r))\times \{n/r\}$$


Local delivery of c-myb antisense oligonucleotides during balloon angioplasty.
Intraluminal delivery of antisense oligonucleotides to c-myb was assessed following balloon angioplasty in swine peripheral arteries. Successful delivery and intramural persistence of oligonucleotide for over 24 h were demonstrated following angioplasty with hydrogel balloons coated with 32P-labeled antisense. Delivery of fluorescein-labeled antisense demonstrated further localization within the arterial media and intracellularly. Preliminary in vitro studies demonstrated the feasibility of inhibition of porcine lymphocyte proliferation using the murine antisense to c-myb. Twelve iliac or carotid arteries underwent angioplasty with antisense-coated balloons, while the contralateral vessels underwent angioplasty with the same-sized balloons coated with the complementary sense strand. Six to seven days later, dilated arterial segments were surgically isolated. In 10 of 12 vessel pairs, antisense-treated vessels demonstrated less cellular proliferation than did contralateral sense-treated vessels, as assessed by quantitative immunohistochemical staining of proliferating cell nuclear antigen, and smooth muscle cell proliferation was reduced 18% in antisense-treated vessels compared to the contralateral sense-treated vessels (PCNA-positive nuclear area: 7.7 +/- 4.9% vs. 9.3 +/- 5.2%, P < 0.04)-intraluminal delivery of antisense oligonucleotides to c-myb is feasible with a catheter-based system and may reduce smooth muscle cell proliferation following arterial injury.


FeP nanoparticles grown on graphene sheets as highly active non-precious-metal electrocatalysts for hydrogen evolution reaction.
A synthetic route to FeP-GS hybrid sheets that show good stability and high electrocatalytic activity for hydrogen evolution reaction is reported. The materials are prepared via thermal phosphidation of pre-synthesized Fe3O4-GS hybrid sheets.


Q:

Error : Transaction not successfully started Hibernate

Ok guys, I know this question has been asked before. But the difference here is I am not saving any object. The idea is to let a student sign up only when parent has initiated a session (logged in). I have 4 entities:

Student
Parent
Teacher
User

All teacher, student and parent have a user_id. Student must always have a parent_id. When parent logs in, the parent id is saved and when student tries to sign up, it simply does not find the parent and NPE is thrown in stacktrace. But when UserAction runs by main(), it shows the ID perfectly.
Code UserAction.java
/*
 * To change this license header, choose License Headers in Project Properties.
 * To change this template file, choose Tools | Templates
 * and open the template in the editor.
 */

package com.newidea.tottracker.action;

import com.newidea.tottracker.data.Roles;
import com.newidea.tottracker.mappings.Parent;
import com.newidea.tottracker.mappings.Student;
import com.newidea.tottracker.mappings.Teacher;
import com.newidea.tottracker.mappings.User;
import org.hibernate.Criteria;
import org.hibernate.HibernateException;
import org.hibernate.criterion.Restrictions;
/**
 *
 * @author Mohit
 */
public class UserAction extends BaseAction{

    public UserAction(){}

    public int addUser(User user){
        session = getSessionFactory().openSession();
        tx = null;
        int id = 0;
        try{
            tx = session.beginTransaction();
            id = (Integer) session.save(user);
            tx.commit();
        }catch(Exception e){
            if(tx != null) tx.rollback();
        }finally{
            session.close();
        }
        return id;
    }

    public User getUser(int id){
        User user;
        session = getSessionFactory().openSession();
        tx = null;
        try{
            tx = session.beginTransaction();
            user = (User) session.get(User.class, id);
            if(!tx.wasCommitted())tx.commit();
            System.out.println("Returning user ID : " + user.getId());
            return user;
        }catch(Exception e){
            if(tx != null) tx.rollback();
            System.out.println("Error : " + e.getMessage());
            e.printStackTrace();
        }finally{

            session.close();
        }
        System.out.println("Returning user ID : null");
        return null;
    }

    public User getUserByDetails(int role, String email){
        try{
            session = getSessionFactory().openSession();
            Criteria c = session.createCriteria(User.class);
            c.add(Restrictions.eq("email", email));
            c.add(Restrictions.eq("role", getRole(role)));
            if(c.list().isEmpty()) return null;
            else return (User) c.list().get(0);
        }catch(HibernateException e){
            System.out.println("Error : " + e.getMessage());
        }finally{
            if(session.isOpen()) session.close();
        }
        return null;
    }

    public User getUserByEmail(String email){
        try{
            session = getSessionFactory().openSession();
            Criteria c = session.createCriteria(User.class);
            c.add(Restrictions.eq("email", email));
            if(c.list().isEmpty()) return null;
            else return (User) c.list().get(0);
        }catch(HibernateException e){
            System.out.println("Error : " + e.getMessage());
        }finally{
            if(session.isOpen()) session.close();
        }
        return null;
    }

    public int getPersonIdByUserId(int userid, int role){
        try{
            System.out.println("Starting to fetch Person Type");
                    session = getSessionFactory().openSession();
//            tx = session.beginTransaction();
            Criteria c = null;
            switch(role){
                case Roles.STUDENT:
                    c = session.createCriteria(Student.class);
                    break;
                case Roles.PARENT:
                    c = session.createCriteria(Parent.class);
                    break;
                case Roles.TEACHER:
                    c = session.createCriteria(Teacher.class);
                    break;
            }
            System.out.println("Fetch User ID and Set to criteria");
                    c.add(Restrictions.eq("user", getUser(userid)));
            System.out.println("Criteria set successfully!");
                    switch(role){
                case Roles.STUDENT:
                    System.out.println("Returning Student User ID : " + userid);
                    Student student = (Student) c.list().get(0);
                    return student.getId();
                case Roles.PARENT:
                    System.out.println("Returning Parent User ID : " + userid);
                    Parent parent = (Parent) c.list().get(0);
                    return parent.getId();
                case Roles.TEACHER:
                    System.out.println("Returning Teacher User ID : " + userid);
                    Teacher teacher = (Teacher) c.list().get(0);
                    return teacher.getId();
            }
        }catch(HibernateException e){
            System.out.println("Error : " + e.getMessage());
//            if(tx != null) tx.rollback();
        }finally{
//            tx.commit();
            if(session.isOpen()) session.close();
        }
        return 0;
    }

    public boolean deleteUser(int id){
        User user;
        session = getSessionFactory().openSession();
        tx = null;
        try{
            tx = session.beginTransaction();
            user = (User) session.get(User.class, id);
            session.delete(user);
            tx.commit();
            return true;
        }catch(Exception e){
            if(tx != null) tx.rollback();
        }finally{
            session.close();
        }
        return false;
    }

    public boolean updateUser(int id, User newUser){
        User user;
        session = getSessionFactory().openSession();
        tx = null;
        try{
            tx = session.beginTransaction();
            user = (User) session.get(User.class, id);
            user.setUsername(newUser.getUsername());
            user.setAnswer(newUser.getAnswer());
            user.setEmail(newUser.getEmail());
            user.setPassword(newUser.getPassword());
            user.setRole(newUser.getRole());
            user.setSecurityQuestion(newUser.getSecurityQuestion());
            session.merge(user);
            tx.commit();
            return true;
        }catch(Exception e){
            if(tx != null) tx.rollback();
        }finally{
            session.close();
        }
        return false;
    }

    public static void main(String[] args){
        System.out.println("User ID : 4\nRole ID : 1\nPerson Enitity ID : " + new UserAction().getPersonIdByUserId(4,1));
        System.out.println("User ID : 4\nRole ID : 1\nPerson Enitity ID : " + new UserAction().getPersonIdByUserId(4,1));
        System.out.println("User ID : 4\nRole ID : 1\nPerson Enitity ID : " + new UserAction().getPersonIdByUserId(4,1));
        System.out.println("User ID : 4\nRole ID : 1\nPerson Enitity ID : " + new UserAction().getPersonIdByUserId(4,1));

    }

}

AddStudent.jsp    //Page which causes the error
 <%@page import="com.newidea.tottracker.mappings.ParentProfileId"%>
<%@page import="com.newidea.tottracker.mappings.ParentProfile"%>
<%@page import="com.newidea.tottracker.action.Views"%>
<%@page import="com.newidea.tottracker.action.AddressAction"%>
<%@page import="com.newidea.tottracker.mappings.Address"%>
<%@page import="com.newidea.tottracker.action.ParentAction"%>
<%@page import="com.newidea.tottracker.action.UserAction"%>
<%@page import="com.newidea.tottracker.data.Roles"%>
<%@page import="com.newidea.tottracker.mappings.Parent"%>
<%@page import="java.time.LocalDateTime"%>
<%@page import="java.util.Calendar"%>
<%@include file="header.jsp"%>
<%    Object roleObj = session.getAttribute("role");
    Object idObj = session.getAttribute("uid");
    int role, uid;
    Views profileDB = new Views();
    ParentProfileId profile;
    System.out.println(1);
    if (roleObj == null || idObj == null || !(Integer.parseInt(roleObj.toString()) == Roles.PARENT)) {
        roleObj = 0;

    System.out.println("In null value block");
        response.sendRedirect("login.jsp?code=1");
        return;
    } else {
        role = Integer.parseInt(roleObj.toString());
        uid = Integer.parseInt(idObj.toString());
        System.out.println("In not null value block");
//        System.out.println("Role : " + role + " UID : " + new UserAction().getPersonIdByUserId(uid, role));
        int parent_id = new UserAction().getPersonIdByUserId(uid, role);
        System.out.println("Parent ID : " + parent_id);
        profile = profileDB.getParentProfile(parent_id);

    }
%>

            <form class="border" action="addStudent" method="post" style="">

Add your Child

Personal Details

                        First Name<req>*</req>
                        <input class="form-control" type="text" required="true" name="first_name" placeholder="Enter First Name"/>

                        Last Name<req>*</req>
                        <input class="form-control" type="text" required="true" name="last_name" placeholder="Enter Last Name"/>

                        <input type="hidden" name="parent_id" value="<%out.print(profile.getId());%>"/>
                        Parent`s Name<req>*</req>
                        <input class="form-control" type="text" required="true" name="fname" placeholder="Enter Parent`s Name" value="<%out.print(profile.getFirstName() + " " + profile.getLastName());%>" readonly="true"/>

                        DOB<req>*</req>
                        <input class="form-control" type="date" required="true" name="dob" max="<%out.print((LocalDateTime.now().getYear() - 18) + "-01-01");%>"/>

                        Gender<req>*</req>

                        <select name="gender" class="form-control">
                            <option value="0">Male</option>
                            <option value="1">Female</option>
                        </select>

Contact Information

                        Phone Number<req>*</req>
                        <input class="form-control" type="number" required="true" name="phone" placeholder="Enter Phone"/>

                            Address<req>*</req>

                                <input type="hidden" name="same_address" value="0"/>
                                <input type="checkbox" name="same_address" id="sameAddress" value="1"> I live with my parent.

                            <input type="hidden" name="address_id" value="<%out.print(profile.getAddressId());%>"/>
                            <input class="form-control" type="text" required="true" name="address1" value="<%out.print(profile.getAddress1());%>" placeholder="Address Line 1"/>

                            <input class="form-control" type="text" name="address2" value="<%out.print(profile.getAddress2());%>" placeholder="Address Line 2"/>

                            <input class="form-control" type="text" required="true" name="city" value="<%out.print(profile.getCity());%>" placeholder="City"/>

                            <input class="form-control" type="text" required="true" name="state" value="<%out.print(profile.getState());%>" placeholder="State"/>

                            <input type="hidden" name="country_id" value="<%out.print(profile.getCountryId());%>"/>
                            <%@include file="countrylistselect.jsp" %>

                            <input class="form-control" type="number" required="true" name="pincode" value="<%out.print(profile.getPincode());%>" placeholder="Pincode"/>

                        Joining Date<req>*</req>
                        <input class="form-control" type="date" required="true" name="doj" value="<%out.print(LocalDateTime.now().toLocalDate());%>" />

Login and Password Recovery Details

                        Email<req>*</req>
                        <input class="form-control" type="text" required="true" name="email" placeholder="Enter Email"/>

                        Password<req>*</req>
                        <input class="form-control" type="password" required="true" name="pass" placeholder="Password"/>

                        Confirm Password<req>*</req>
                        <input class="form-control" type="password" required="true" name="pass2" placeholder="Re-type Password"/>

                        Security Question<req>*</req>  (In case you forget your password, answer this)
                        <input class="form-control" type="text" required="true" name="security_question" placeholder="Security Question" value="Mother`s Maiden Name"/>

                        Your Answer<req>*</req>
                        <input class="form-control" type="text" required="true" name="answer" placeholder="Your Answer"/>

                        <input type="checkbox" name="accept-eula" id="eula"/> By checking this box, I agree to all terms to use TotTrackerTM

                        <input type="submit" value="Sign Up" class="btn btn-info" style="margin-bottom: 10px"/>

            </form>

    <%@include file="footer.jsp" %>

StackTrace:
    22-Mar-2016 16:56:05.694 SEVERE [41] org.apache.catalina.core.StandardWrapperValve.invoke Servlet.service() for servlet [jsp] in context with path [/TotTrack] threw exception [An exception occurred processing JSP page /AddStudent.jsp at line 52

49:                         <input class="form-control" type="text" required="true" name="last_name" placeholder="Enter Last Name"/>
50:

51:

52:                         <input type="hidden" name="parent_id" value="<%out.print(profile.getId());%>"/>
53:                         Parent`s Name<req>*</req>
54:                         <input class="form-control" type="text" required="true" name="fname" placeholder="Enter Parent`s Name" value="<%out.print(profile.getFirstName() + " " + profile.getLastName());%>" readonly="true"/>
55:

Stacktrace:] with root cause
 java.lang.NullPointerException
    at org.apache.jsp.AddStudent_jsp._jspService(AddStudent_jsp.java:297)
    at org.apache.jasper.runtime.HttpJspBase.service(HttpJspBase.java:70)
    at javax.servlet.http.HttpServlet.service(HttpServlet.java:729)
    at org.apache.jasper.servlet.JspServletWrapper.service(JspServletWrapper.java:438)
    at org.apache.jasper.servlet.JspServlet.serviceJspFile(JspServlet.java:396)
    at org.apache.jasper.servlet.JspServlet.service(JspServlet.java:340)
    at javax.servlet.http.HttpServlet.service(HttpServlet.java:729)
    at org.apache.catalina.core.ApplicationFilterChain.internalDoFilter(ApplicationFilterChain.java:291)
    at org.apache.catalina.core.ApplicationFilterChain.doFilter(ApplicationFilterChain.java:206)
    at org.apache.tomcat.websocket.server.WsFilter.doFilter(WsFilter.java:52)
    at org.apache.catalina.core.ApplicationFilterChain.internalDoFilter(ApplicationFilterChain.java:239)
    at org.apache.catalina.core.ApplicationFilterChain.doFilter(ApplicationFilterChain.java:206)
    at org.apache.catalina.core.StandardWrapperValve.invoke(StandardWrapperValve.java:217)
    at org.apache.catalina.core.StandardContextValve.invoke(StandardContextValve.java:106)
    at org.apache.catalina.authenticator.AuthenticatorBase.invoke(AuthenticatorBase.java:502)
    at org.apache.catalina.core.StandardHostValve.invoke(StandardHostValve.java:142)
    at org.apache.catalina.valves.ErrorReportValve.invoke(ErrorReportValve.java:79)
    at org.apache.catalina.valves.AbstractAccessLogValve.invoke(AbstractAccessLogValve.java:616)
    at org.apache.catalina.core.StandardEngineValve.invoke(StandardEngineValve.java:88)
    at org.apache.catalina.connector.CoyoteAdapter.service(CoyoteAdapter.java:518)
    at org.apache.coyote.http11.AbstractHttp11Processor.process(AbstractHttp11Processor.java:1091)
    at org.apache.coyote.AbstractProtocol$AbstractConnectionHandler.process(AbstractProtocol.java:673)
    at org.apache.tomcat.util.net.NioEndpoint$SocketProcessor.doRun(NioEndpoint.java:1500)
    at org.apache.tomcat.util.net.NioEndpoint$SocketProcessor.run(NioEndpoint.java:1456)
    at java.util.concurrent.ThreadPoolExecutor.runWorker(ThreadPoolExecutor.java:1142)
    at java.util.concurrent.ThreadPoolExecutor$Worker.run(ThreadPoolExecutor.java:617)
    at org.apache.tomcat.util.threads.TaskThread$WrappingRunnable.run(TaskThread.java:61)
    at java.lang.Thread.run(Thread.java:745)

Server Log:
1
22-Mar-2016 16:56:05.170 INFO [http-nio-8080-exec-15] org.hibernate.cfg.Configuration.configure HHH000043: Configuring from resource: /hibernate.cfg.xml
In not null value block
22-Mar-2016 16:56:05.462 INFO [http-nio-8080-exec-15] org.hibernate.cfg.Configuration.addResource HHH000221: Reading mappings from resource: com/newidea/tottracker/mappings/StudentProfile.hbm.xml
22-Mar-2016 16:56:05.474 INFO [http-nio-8080-exec-15] org.hibernate.cfg.Configuration.addResource HHH000221: Reading mappings from resource: com/newidea/tottracker/mappings/ExamResult.hbm.xml
22-Mar-2016 16:56:05.490 INFO [http-nio-8080-exec-15] org.hibernate.cfg.Configuration.doConfigure HHH000041: Configured SessionFactory: null
22-Mar-2016 16:56:05.494 INFO [http-nio-8080-exec-15] org.hibernate.service.jdbc.connections.internal.DriverManagerConnectionProviderImpl.configure HHH000402: Using Hibernate built-in connection pool (not for production use!)
22-Mar-2016 16:56:05.494 INFO [http-nio-8080-exec-15] org.hibernate.service.jdbc.connections.internal.DriverManagerConnectionProviderImpl.configure HHH000115: Hibernate connection pool size: 20
22-Mar-2016 16:56:05.494 INFO [http-nio-8080-exec-15] org.hibernate.service.jdbc.connections.internal.DriverManagerConnectionProviderImpl.configure HHH000006: Autocommit mode: false
22-Mar-2016 16:56:05.494 INFO [http-nio-8080-exec-15] org.hibernate.service.jdbc.connections.internal.DriverManagerConnectionProviderImpl.configure HHH000401: using driver [com.mysql.jdbc.Driver] at URL [jdbc:mysql://localhost:3306/sms?zeroDateTimeBehavior=convertToNull]
22-Mar-2016 16:56:05.494 INFO [http-nio-8080-exec-15] org.hibernate.service.jdbc.connections.internal.DriverManagerConnectionProviderImpl.configure HHH000046: Connection properties: {user=root, password=****}
22-Mar-2016 16:56:05.550 INFO [http-nio-8080-exec-15] org.hibernate.dialect.Dialect.<init> HHH000400: Using dialect: org.hibernate.dialect.MySQLDialect
22-Mar-2016 16:56:05.570 INFO [http-nio-8080-exec-15] org.hibernate.engine.transaction.internal.TransactionFactoryInitiator.initiateService HHH000399: Using default transaction strategy (direct JDBC transactions)
22-Mar-2016 16:56:05.570 INFO [http-nio-8080-exec-15] org.hibernate.hql.internal.ast.ASTQueryTranslatorFactory.<init> HHH000397: Using ASTQueryTranslatorFactory
Starting to fetch Person Type
Fetch User ID and Set to criteria
Error : Transaction not successfully started
Parent ID : 0

A:

For this problem, the error was in the values that were being passed. I was calling getPersonIdByUserId firstly on the authenticate servlet and then again on the page which was causing the real pain. For anybody else it may be helpful.


Amazon has spent time and money taking on Netflix in the video wars. Now it's going after YouTube, too.

Sort of.

Jeff Bezos and company are using cash to lure video makers who fill YouTube with clips, offering them a share of the ad dollars or ad revenue their videos generate.

That doesn't mean Amazon is going to rival the world's biggest video site anytime soon, but it's a start. It also puts Amazon ahead — for now — of Facebook, which has made a big video push but has yet to reward most video makers with payouts.

Amazon is describing its "Video Direct" plan as a "self-service program for creators and storytellers." In short: Video makers can upload their stuff to Amazon, and then tell the company whether they want to sell their videos, rent them, make them available for free, with ads, or include them as part of Amazon's ad-free Prime Video offering.

An Amazon rep says the company is offering 15 cents for every hour of viewing a video creator's stuff generates via Prime Video in the U.S., and six cents an hour for views outside of the U.S. If video makers allow Amazon to show their stuff to any visitor, for free, Amazon will give them 55 percent of all ad revenue their clips generate. And if uploaders let Amazon sell their stuff via its subscription service, or via its rental store, Amazon will split that revenue 50-50.

That's roughly analogous to the offer YouTube makes to its video partners: 55 percent of all advertising revenue, or an unannounced split for videos that run in YouTube's ad-free YouTube Red subscription service.

More outlets for video makers' stuff — and, in particular, more outlets that pay money for their stuff — is a good thing. But it would mean more if Amazon looked like it was spending lots of time and effort on this.

For now, the list of partners that have signed on to Amazon's plan sounds pretty modest: It includes publishers like Mashable, Business Insider and the Guardian, but none of the big movie studios and TV networks, and none of the really big YouTube networks or individual stars, like Disney's Maker Studios, or PewDiePie.

Put it this way: An executive whose company is listed as a partner in Amazon's press release told me they were unaware they had finalized their deal with Amazon, because they weren't keeping close tabs on the discussions.

Still! If you squint, you can see Amazon building a roadmap that gets it into every part of the video business, if and when it decides to get there.

The company is already getting serious about the stuff it provides via its own subscription service, and it has begun selling add-on subscriptions from services like Starz and Showtime. It has also started the beginning of a free, ad supported service with shows from the likes of Conde Nast and the NFL, and it has also shown that it's interested in pursuing live sports rights.

Now it looks like Amazon is trying to round up small publishers and video stars, too. Imagine if it starts making a real push.

Recode Video: The difficulty of streaming live sports


Filed 12/15/16 (on remand)

                             CERTIFIED FOR PUBLICATION

             IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

                             FOURTH APPELLATE DISTRICT

                                      DIVISION THREE

THE PEOPLE,

    Plaintiff and Respondent,                       G051212

        v.                                          (Super. Ct. No. 11WF1938)

JAIME MANUEL PINON,                                 OPINION

    Defendant and Appellant.

                Appeal from a postjudgment order of the Superior Court of Orange County,
Vickie Hix, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed in part
and reversed in part.
                Robert Booher, under appointment by the Court of Appeal, for Defendant
and Appellant.
                Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney
General, Eric A. Swenson, Lynne G. McGinnis and Kristine A. Gutierrez, Deputy
Attorneys General, for Plaintiff and Respondent.
                                  *          *          *
              This appeal arises from defendant Jamie Manuel Pinon’s petition to be
                                                         1
resentenced pursuant to Penal Code section 1170.18, a part of the Safe Neighborhoods
and Schools Act adopted by the voters as Proposition 47. It is presently on remand to this
court from the California Supreme Court. In our previous opinion, we held: (1)
defendant was still serving his sentence while on Post Release Community Supervision
(PRCS) and was thus subject resentencing under section 1170.18, subdivision (b),
including a one-year period of parole under subdivision (d); (2) defendant is entitled to
apply any excess custody credits against his period of parole; (3) the parole term may not
exceed the remaining time on defendant’s term of PRCS; (4) the court’s sentence did not
violate the prohibition against multiple punishment for indivisible offenses (§ 654); and
(5) defendant was exempt from registering as a drug offender. The California Supreme
Court granted review of our decision and held it pending the outcome of People v.
Morales (2016) 63 Cal.4th 399 (Morales). In Morales, the high court held that excess
custody credits do not reduce the one-year parole period. (Id. at p. 403.) The Supreme
Court then transferred this case back to this court with directions to vacate our decision
and reconsider it in light of Morales. Morales addressed the issue arising under our
second holding in this case — whether excess custody credits could be applied to the
parole period imposed under Proposition 47. It did not address the issues arising under
the first, third, fourth, and fifth holdings of our prior opinion.
              We now reaffirm our original holdings on the issues not decided by the
Supreme Court: (1) defendant was still serving his sentence while on PRCS; (2)
defendant is subject to parole, but the parole term may not exceed the remaining time on
defendant’s term of PRCS; (3) the court’s sentence did not violate the prohibition against
multiple punishment for indivisible offenses (§ 654); and (4) defendant was exempt from
registering as a drug offender. We also asked the parties to brief the question of whether

1
              All statutory references are to the Penal Code unless otherwise stated.

                                               2
excess custody credits may reduce applicable punitive fines, an issue not addressed in
Morales. Having received briefs from both parties, we hold they may.

                               PROCEDURAL HISTORY

              In August 2011 defendant pleaded guilty to a felony complaint of
possession of methamphetamine (count 1; Health & Saf. Code, § 11377, subd. (a)), and
misdemeanor possession of controlled substance paraphernalia (count 2; Health & Saf.
Code, § 11364). In support of the plea, he stated, “On 8/12/11, I willfully and unlawfully
possessed: (1) a usable quantity of methamphetamine, a controlled substance and (2) a
pipe used for smoking a controlled substance.” The court sentenced defendant to a state
prison term of 16 months on count 1, and suspended imposition of sentence on count 2.
Upon defendant’s release from prison, he was placed on PRCS. (§ 3451, subd. (a).) His
PRCS was set to expire in April 2015.
              In December 2014, defendant petitioned to reduce count 1 to a
misdemeanor pursuant to section 1170.18, subdivision (f), or, in the alternative,
subdivision (a). The court granted defendant’s petition under subdivision (a) and
sentenced defendant to 545 days in county jail (thus imposing a 180-day jail term on
count 2 that had previously been suspended, and running that term consecutively),
credited him for the full 545 days, and, over defendant’s objection, imposed one year of
parole.

                                             3
                                        DISCUSSION

Defendant was still serving his sentence while on PRCS
              Proposition 47 reclassified certain drug- and theft-related offenses from
felonies (or wobblers) to misdemeanors. (People v. Rivera (2015) 233 Cal.App.4th 1085,
1091-1092.) The measure reduced “penalties for certain offenders convicted of
nonserious and nonviolent property and drug crimes.” (Voter Information Guide, Gen.
Elec. (Nov. 4, 2014) analysis of Prop. 47 by Legis. Analyst, p. 35.) As part of
Proposition 47, the electorate enacted section 1170.18. (People v. Lynall (2015) 233
Cal.App.4th 1102, 1108.)
              Section 1170.18 applies to persons convicted of a reclassified offense prior
to Proposition 47’s effective date, and allows them to petition the court for reduction of
the felony to a misdemeanor. The statute distinguishes between petitioners who are still
serving a sentence and those who have completed a sentence.
              A person “currently serving a sentence” for a felony conviction of a
reclassified offense may petition for recall of the felony sentence under section 1170.18,
                2
subdivision (a). Under subdivision (b), the court must recall the felony sentence of a
petitioner eligible under subdivision (a), and resentence the petitioner to a misdemeanor
unless the court determines that doing so would unreasonably endanger the public.
Under subdivision (d), a person resentenced under “subdivision (b) shall be given credit
for time served and shall be subject to parole for one year following completion of his or
her sentence, unless the court, in its discretion, as part of its resentencing order, releases
the person from parole.”

2
              References to a statutory subdivision apply to section 1170.18 unless
otherwise stated.

                                               4
               A person who has “completed his or her sentence” for a felony conviction
of a reclassified offense may apply to have the conviction designated a misdemeanor
under subdivision (f). Subdivision (f) does not provide for a period of parole.
               Defendant contends the word “sentence,” as used in subdivisions (a) and
(f), means “prison term.” He concludes he completed his “sentence” (within the meaning
of subdivision (f)) before filing his section 1170.18 petition, even though he was still
serving PRCS.
               The word “sentence” — as used in subdivision (a) (“currently serving a
sentence”) and subdivision (f) (“completed his or her sentence”) — is ambiguous. As
defendant suggests, “sentence” might include only a defendant’s prison term. On the
other hand, “sentence” might encompass both the prison term and the corresponding
period of parole or PRCS.
               Because the word “sentence” in subdivisions (a) and (f) is ambiguous, we
independently construe those subdivisions in light of (1) the statute as a whole, (2) the
overall statutory scheme of which it is a part, and (3) the intent of the voters who enacted
                                                                                3
Proposition 47. (Robert L. v. Superior Court (2003) 30 Cal.4th 894, 901.)
               We first examine section 1170.18 as a whole. The statute uses the word
“sentence” differently in subdivisions (a), (b), and (f) than in subdivision (d). In
subdivisions (a), (b), and (f), “sentence” refers to a pre-Proposition 47 felony sentence.
Subdivision (a) applies to a “person currently serving a sentence for a conviction . . . of a
felony or felonies” (italics added), subdivision (b) provides for the recall of “the
petitioner’s felony sentence” (italics added), and subdivision (f) applies to a “person who
has completed his or her sentence for a conviction . . . of a felony or felonies . . . .” (italics
added). In contrast, subdivision (d) provides that a “resentenced” person “shall be

3
               Reviewing courts interpret statutes de novo (Burden v. Snowden (1992) 2
Cal.4th 556, 562), including statutes added to the Penal Code by the passage of a ballot
initiative (People v. Park (2013) 56 Cal.4th 782, 796).

                                                5
subject to parole for one year following completion of his or her sentence . . . .” (italics
added), thus referring to the new misdemeanor sentence to which the court has
resentenced the person. Thus, the misdemeanor “sentence” in subdivision (d) includes
only the jail term. But this does not answer the question of whether the determinate
felony “sentence” in subdivisions (a) and (f) includes a prison term and a period of parole
supervision or PRCS. Rather, section 1170.18, viewed as a whole, reinforces the reality
that the word “sentence” is ambiguous and can be used in different ways.
              We turn to the interpretative aid of the overall statutory scheme governing
determinate felony sentences. Section 3000 expressly applies to such sentences, i.e.,
sentences “resulting in imprisonment in the state prison pursuant to Section 1168 or
1170 . . . .” (§ 3000, subd. (a)(1).) Section 3000, subdivision (a)(1) mandates that a
determinate felony sentence “shall include” a period of parole supervision or PRCS.
Section 1170, subdivision (c) recognizes this expansive scope of a determinate felony
sentence, providing in relevant part: “The court shall state the reasons for its sentence
choice [of the low, middle, or upper prison term] on the record at the time of sentencing.
The court shall also inform the defendant that as part of the sentence after expiration of
the term he or she may be on parole for a period as provided in Section 3000.” (Italics
added; see In re Sosa (1980) 102 Cal.App.3d 1002, 1105 [§ 1170 is part of “a
comprehensive scheme to provide ‘uniformity of sentences’ for like offenses”].) These
statutes are clear: A determinate felony sentence includes a prison term and a period of
parole supervision or PRCS. Accordingly, a defendant subject to PRCS is serving a
sentence for purposes of section 1170.18, subdivisions (a) and (b).

                                              6
Defendant’s parole period may not exceed his remaining PRCS term
              Section 1170.18, subdivision (e), states, “Under no circumstances may
resentencing under this section result in the imposition of a term longer than the original
sentence.” Defendant’s PRCS was scheduled to end in April 2015. The parole period,
however, would have extended through December 2015. We conclude subdivision (e)
                         4
precludes this result.
              The key to addressing this issue is to interpret the word “term” in
subdivision (e). The People contend the word “term” refers only to the jail term, and
because the “original sentence” includes PRCS, subdivision (e) applies only where the
jail term exceeds the combined period of prison and PRCS from the original sentence.
The People rely on People v. Nuckles (2013) 56 Cal.4th 601 where the Supreme Court
repeatedly referred to a term of imprisonment. (See, e.g., id. at p. 608 [“The concept of
punishment is broader than the term of imprisonment”].) Defendant contends “term” can
refer to a parole term. And, not surprisingly, cases also refer to terms of parole. (See,
e.g., People v. Britton (1984) 156 Cal.App.3d 689, 696, disapproved on other grounds by
People v. Williams (1999) 20 Cal.4th 119, 135 [“parole is . . . a ‘separate’ term to be
served after the initial term of imprisonment has been completed and to be ‘served’ under
the supervision of the Department of Corrections”].)
              The text itself is of little help in resolving this dispute. Subdivision (e)
gives no clear indication of which term it is referring to. The only other use of the word
“term” in Penal Code section 1170.18 is in subdivision (d), which provides that for
violations of parole, the court of the county where the violation occurred shall have
jurisdiction “for the purpose of hearing petitions to revoke parole and impose a term of
custody.” (Italics added.) This text can cut either way. On the one hand, one could

4
              To the extent the lengthy appellate process in this case has rendered this
appeal moot, we exercise our discretion to address the issue because it is likely to be
repeated, yet evade appellate review. (Morales, supra, 63 Cal.4th at p. 409.)

                                              7
argue that the only other use of “term” in Penal Code section 1170.18 refers to the jail
term; on the other hand, where it so refers, the drafters specifically indicated they were
referring to a “term in custody.” Does “term” by itself import that same definition, or
does the failure to mention “in custody” indicate a deliberate choice to refer to a broader
concept of “term”? The text does not resolve this issue.
              Since the language of the statute is ambiguous, we turn next to indicia of
the voters’ intent. “Under general settled canons of statutory construction, we ascertain
the Legislature’s intent in order to effectuate the law’s purpose. [Citation.] . . . [Citation.]
‘The statute’s plain meaning controls the court’s interpretation unless its words are
ambiguous.’” Where the language is ambiguous, “we turn to expressions of legislative
intent to construe it in the statute’s relative context.” (White v. Ultramar, Inc. (1999) 21
Cal.4th 563, 572.) In the context of a voter initiative, “we refer to other indicia of the
voters’ intent, particularly the analyses and arguments contained in the official ballot
pamphlet.” (People v. Birkett (1999) 21 Cal.4th 226, 243.)
              Unfortunately, the official voter information guide does not directly address
the issue before us. The analysis section mentions the parole requirement only
perfunctorily: “Offenders who are resentenced would be required to be on state parole
for one year, unless the judge chooses to remove that requirement.” (Voter Information
Guide, Gen. Elec. (Nov. 4, 2014) Analysis of Prop. 47 by Leg. Analyst.) The argument
section does not mention parole at all. The ballot materials thus provide no insight on
whether a person who has already served in excess of two years of supervision is required
to serve a full additional year.
              We are thus left with this: “‘[W]e do not construe statutes in isolation, but
rather read every statute “with reference to the entire scheme of law of which it is part so
that the whole may be harmonized and retain effectiveness.” [Citation.]’ [Citation.] We
must also consider ‘the object to be achieved and the evil to be prevented by the
legislation. [Citations.]’ [Citation.] These guiding principles apply equally to the

                                               8
interpretation of voter initiatives.” (Horwich v. Superior Court (1999) 21 Cal.4th 272,
276.)
              If there is one aspect of Proposition 47 that seems fairly obvious, it is that
resentencing from a felony to a misdemeanor is generally intended to reduce the overall
length of punishment to which the defendant is subject. There are two driving principles
behind the reduction in punishment. First, the voters reassessed the crimes subject to
Proposition 47 and determined their relative lack of severity did not justify a felony
punishment. The arguments in favor of Proposition 47 in the official voter information
guide, for example, refer to the crimes subject to reduction under Proposition 47 as
“petty,” “low-level,” and “nonviolent.” (Voter Guide, Gen. Elec., supra, argument in
favor of Prop. 47.) Second, and perhaps more importantly, Proposition 47 was intended
to save taxpayer money. The arguments in favor of Proposition 47 advertise that it
“[s]tops wasting money on warehousing people in prisons for nonviolent petty crimes,
saving hundreds of millions of taxpayer funds every year.” (Ibid.)
              Both of these considerations support a broader interpretation of “term” to
include the parole period. Permitting a court to impose one full year of parole
supervision even beyond that to which the defendant was subject under a felony sentence
would render the punishment more severe with no apparent justification at all. (See
People v. Nuckles (2013) 56 Cal.4th 601, 608 [parole “constitutes part of the punishment
for the underlying crime”].) And requiring additional parole beyond that which was
required of a felony offense would, of course, cost the taxpayers additional money.
Neither of these results comport with the objectives of Proposition 47.
              Our conclusion is also consistent with the overall sentencing scheme.
Normally, misdemeanor offenders do not serve parole or PRCS after completing a term
in jail. (See §§ 3000, subd. (a) [“A sentence resulting in imprisonment in the state prison
pursuant to Section 1168 or 1170 shall include a period of parole supervision or
postrelease community supervision, unless waived, or as otherwise provided in this

                                              9
article,” italics added], 3450, subd. (b)(5) [applying PRCS to “certain felons reentering
the community after serving a prison term”].) PRCS lasts for a maximum of three years.
                                            5
(§§ 3451, subd. (a), 3456, subd. (a)(1).)       Under the trial court’s ruling, the one year
parole period imposed would result in a total period of supervision of over three years for
a crime the voters have now determined is merely a misdemeanor. That result makes
little sense in the broader context of the overall sentencing scheme. Accordingly, we
interpret the word “term” in subdivision (e) to refer to either a term of jail or a term of
parole, such that the court may not impose a parole term that exceeds the scheduled end
date of the defendant’s PRCS.

Excess Custody Credits Reduce Fines
              Next we address whether our high court’s holding in Morales has any
impact on our prior holding that excess custody credits may be used to reduce fines. We
conclude it does not.
              Section 2900.5 provides that excess credits “shall be credited . . . to any
fine, including, but not limited to, base fines, on a proportional basis, that may be
imposed, at the rate of not less than one hundred twenty five dollars ($125) per day, or
more, in the discretion of the court imposing the sentence.”

5
              However, if the supervised person does not commit a violation resulting in
a custody sanction for a period of six months, the supervising county has discretion to
discharge the supervised person. If there are no such violations for a period of one year,
the supervised person must be discharged. (§ 3456, subd. (a)(2)-(3).)

                                                 10
              In Morales, our Supreme Court held that “credit for time served does not
reduce the [subdivision (d)] parole period.” (Morales, supra, 63 Cal.4th at p. 403.)6 The
high court interpreted subdivision (d) to require a one-year parole period subject to the
court’s discretion to order otherwise. (Morales, at pp. 403-404.) The court based its
holding, inter alia, on subdivision (d)’s plain language (Morales, at p. 406); the
Legislative Analyst’s statement in the voter materials on Proposition 47 that resentenced
offenders “‘would be required to be on state parole for one year’” (Morales, at pp. 406-
407); the court’s conclusion that “the purpose behind [section 2900.5] is irrelevant to
resentencing under Proposition 47” (Morales, at p. 406); and the court’s reasoning that a
contrary interpretation of subdivision (d) “would undermine the trial court’s discretion in
many cases” (Morales, at p. 405).
              Section 1170.18, however, says nothing about fines, and thus, unlike the
issue of parole, it does not supplant the legislative intent of section 2900.5 as it applies to
fines. To the contrary, subdivision (m) states, “Nothing in this section is intended to
diminish or abrogate any rights or remedies otherwise available to the petitioner or
applicant.” Moreover, subdivision (d) states, “A person who is resentenced pursuant to
subdivision (b) shall be given credit for time served and shall be subject to parole for one
year following completion of his or her sentence, unless the court, in its discretion, as part
of its resentencing order, releases the person from parole.” This language excludes
parole from the application of custody credits, but nothing else. Because excess custody
time cannot be credited against the parole period, if the number of credits exceed the new

6
              In Morales, the Attorney General’s petition for review was “limited to the
question of whether excess custody credits can reduce the period of parole” and “did not
challenge the holding that excess custody credits can also reduce any fines.” (Morales,
supra, 63 Cal.4th at p. 404.)

                                              11
sentence, the only type of excess custody credit available to resentenced persons is a
credit against punitive assessments.7

The Court Was Not Required to Stay Count 2 Pursuant to Section 654
              When defendant was sentenced for his underlying felony, the court
suspended imposition of sentence as to count 2. When he was resentenced under section
1170.18, the court imposed a sentence as to count 2 and ran the sentences consecutively,
for a total of 545 days. Defendant contends the court was required to stay the sentence as
to count 2 pursuant to section 654. We disagree.
              Section 654, subdivision (a), provides, “An act or omission that is
punishable in different ways by different provisions of law shall be punished under the
provision that provides for the longest potential term of imprisonment, but in no case
shall the act or omission be punished under more than one provision.” “Section 654
precludes multiple punishments for a single act or indivisible course of conduct.”
(People v. Hester (2000) 22 Cal.4th 290, 294.) “Section 654 does not preclude multiple
convictions but only multiple punishments for a single act or indivisible course of
conduct. [Citation.] ‘The proscription against double punishment . . . is applicable where
there is a course of conduct which violates more than one statute and comprises an
indivisible transaction punishable under more than one statute . . . . The divisibility of a

7
              Section 2900.5, subdivision (a) “does not apply to nonpunitive
assessments.” (3 Witkin & Epstein, Cal. Criminal Law (2016 supp.) Punishment § 464,
p. 151.) For example, a court security fee (§ 1465.8) or criminal conviction assessment
(Gov. Code, § 70373) is nonpunitive. (People v. Alford (2007) 42 Cal.4th 749, 759
[court security fee]; People v. Fleury (2010) 182 Cal.App.4th 1486, 1492-1493 [criminal
conviction assessment].) Section 2900.5 is inapplicable to them.
              Section 2900.5, subdivision (a), also does not apply to restitution fines and
orders. (See § 1205, subdivision (f).) Effective in 2014, the Legislature made section
2900.5, subdivision (a) consistent with section 1205, subdivision (f), by removing the
reference to restitution fines in former section 2900.5, subdivision (a). (See Stats. 2013,
ch. 59, § 7.)

                                             12
course of conduct depends upon the intent and objective of the actor, and if all the
offenses are incident to one objective, the defendant may be punished for any one of them
but not for more than one.’” (People v. Miller (1977) 18 Cal.3d 873, 885, overruled on
other grounds as recognized in People v. Oates (2004) 32 Cal.4th 1048, 1068, fn. 8.) “On
the other hand, if the evidence discloses that a defendant entertained multiple criminal
objectives which were independent of and not merely incidental to each other, the trial
court may impose punishment for independent violations committed in pursuit of each
objective even though the violations shared common acts or were parts of an otherwise
indivisible course of conduct. [Citations.] The principal inquiry in each case is whether
the defendant’s criminal intent and objective were single or multiple. Each case must be
determined on its own facts. [Citations.] The question whether the defendant entertained
multiple criminal objectives is one of fact for the trial court, and its findings on this
question will be upheld on appeal if there is any substantial evidence to support them.”
(People v. Liu (1996) 46 Cal.App.4th 1119, 1135-1136.)
              Here, while the record is anemic, defendant stated that he “willfully and
unlawfully possessed: (1) a usable quantity of methamphetamine, a controlled substance
and (2) a pipe used for smoking a controlled substance.” He did not say he possessed the
pipe for the sole purpose of smoking the methamphetamine; rather, he possessed the pipe
for the more general purpose of smoking a controlled substance. While we might
normally be loath to parse defendant’s statement so closely, where, as here, there simply
are no other facts, defendant’s statement is substantial evidence to support the court’s
ruling.

Defendant Forfeited His Objection to His Fines
              Defendant contends he is entitled to a reduction in the felony restitution
fine (§ 1202.4, subd. (b)) and felony parole revocation fine (Pen. Code, § 1202.45, subd.
(b)) to the minimum misdemeanor fines applicable at the time, which was $100 each.

                                              13
(Stats. 2007, ch. 302, § 15.) Defendant committed his offense in August 2011 and was
assessed $200 for each fine. However, in 2011 the maximum fine was $1,000, even for a
misdemeanor (Ibid.), and thus the fines were not an unauthorized sentence. Defendant
failed to object below and has thus forfeited the issue. (People v. Garcia (2010) 185
Cal.App.4th 1203, 1218 [“The appropriate amount of restitution is precisely the sort of
factual determination that can and should be brought to the trial court’s attention if the
defendant believes the award is excessive. Here, because defendant did not object to the
amount of restitution in the trial court, he forfeited our consideration of the issue on
appeal”].)

The Requirement that Defendant Register Pursuant to Health & Safety Code Section
11590 Must Be Stricken
              Both parties agree that defendant is no longer required to register pursuant
to Health and Safety Code section 11590, which requires certain people convicted of
drug-related offenses to register with the local chief of police. However, subdivision (c)
of that section states, “This section does not apply to a conviction of a misdemeanor
under Section 11357, 11360, or 11377.” Here, defendant was convicted of a violation of
Health and Safety Code section 11377, but pursuant to section 1170.18, subdivision (k),
“Any felony conviction that is recalled and resentenced under subdivision (b) or
designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor
for all purposes,” with certain exceptions not relevant here. Accordingly, defendant’s
misdemeanor conviction under Health and Safety Code section 11377 does not require
registration, and defendant’s misdemeanor conviction for possession of paraphernalia
(Health & Saf. Code, § 11364) is not a registrable offense. Thus we will strike the
requirement that defendant register pursuant to Health and Safety Code section 11590.

                                              14
                                     DISPOSITION

              The postjudgment order is reversed and the matter is remanded to the trial
court to recalculate defendant’s maximum parole if necessary. The requirement that
defendant register pursuant to Health and Safety Code section 11590 is stricken. In all
other respects, the judgment is affirmed.

                                                 IKOLA, J.

WE CONCUR:

MOORE, ACTING P. J.

FYBEL, J.

                                            15


Senior defenseman Nick Cvetanovski smiles during pregame warmups Feb. 17. Cvetanovski is in his fourth year on varsity.

Photo by Patricia O’Blenes

Advertisement

MACOMB TOWNSHIP — When the spotlight is brightest, Bob Hall knows who to trust.

The Utica Eisenhower hockey coach called this current roster one of the most talented teams the program has ever seen. However, when a crucial moment presents itself, Hall taps senior co-captains Matt Haist and Nick Cvetanovski to head over the boards.

At press time, Ike was 16-4-2 overall and had finished off a perfect 6-0 mark in the Macomb Area Conference Red Division.

“We rely on them; they’re our horses,” Hall said after a Feb. 16 practice at Suburban Ice Macomb. “They show up to play every single day. That’s not to say we don’t have other players that contribute widely, but our senior captains are a big part of our success.”

Hall’s words rang true the following day as Ike secured the top spot in the MAC Red with a 3-2 overtime victory against Macomb Dakota. The win secured back-to-back league titles for the Eagles, fueled by a goal from Cventanovski and a pair of assists from Haist, including a helper on the game-winner.

The tally gave Cvetanovski, the club’s top defenseman, his third goal of the season. The blue-liner has also pitched in eight assists during the campaign.

“(Cvetanovski) brings a needed physical presence because he’s such a strong kid,” Hall said. “He has a cannon, probably the hardest shot around, and honestly I wish he’d shoot more. He puts the program first all the time and is a true gentleman on and off the ice. He’s a great leader for us.”

Ike’s top defenseman said he takes pride in his leadership role.

“I just try to keep our guys accountable and on track, making sure we’re doing what we’re supposed to be doing,” explained Cvetanovski, who is a four-year varsity player. “Our defense has great chemistry and is hardworking. We get the pucks deep and try to keep things simple to get the job done.”

While Cvetanovski is tasked with moving the puck out of the zone and securing breakouts, Haist is trusted to light the lamp. Playing left wing, he has answered the call with a team-leading 57 points.

“(Haist) is just a natural goal-scorer. Sometimes we look at each other on the bench in amazement with what he can do with the puck,” Hall said. “Teams try to contain him, but he still finds ways to put the puck in the net and set up his teammates. He just has a knack for the net, and that’s a hard thing to teach in this game, but it’s natural for him.”

In his second varsity season, Haist has registered 39 goals and 18 assists. His nine power-play goals also lead the team.

“Our guys are great on the breakout, and we have guys like (Cvetanovski) with big shots from the point, so I try to put those in,” Haist explained. “We work well out there as a team and really mesh well. Our chemistry comes from playing a lot of games together, and we know where we’re supposed to be out there.”

Haist said he also relishes wearing the “C” on his jersey. Along with Cvetanovski and assistant captains Reyse Valicevic and Chris Burkhardt, Haist believes they have created a strong leadership trust.

“We just try to get the guys ready and make sure everything falls into place,” Haist said. “Our team play is strong, and we work together to win games. I think we all lead well together, and we just want to win games. If we can make it all the way, that’s the goal.”

Cvetanovski agreed, believing the Eagles can make a postseason push.

“I think we can get far in the playoffs,” Cvetanovski said. “We’re a hardworking team that does really well with all the little things. We know what we need to do.”

The club will next see action against Beverly Hills Detroit Country Day at 7 p.m. Feb. 23 at Southfield Sports Arena before returning home to take on Novi High at 6:30 p.m. Feb. 24.


The Pre-Fall '17 collection is inspired by the many faces of London, the hometown of Charlotte Olympia. From exquisite floral detailing and a 'Liberty' print, to punk-inspired studs and safety pin accessories, London Calling puts the style focus on the British capital this season.


Palestinians set to submit UN bid

Despite US threats to veto the move, President Mahmoud Abbas will go ahead and ask the UN to admit Palestine as a state.

23 Sep 2011 07:16 GMT

The Palestinian President Mahmoud Abbas is set to submit a bid to the United Nations to admit Palestine as a member state despite US threats to veto the move.

The US administration, which has led last-minute behind-the-scenes wrangling to try to divert the Palestinian ambition, seemed resigned to the fact that Abbas would go ahead with the application as planned on Friday.

"I think it is important to note that regardless of what happens tomorrow in the United Nations, we remain focused on the day after," US Secretary of State Hillary Clinton said on Thursday.

She told reporters that she "was encouraged to hear from both the leadership of the Palestinians and the Israeli government their continuing commitment to direct negotiations".

And she added: "I remain committed to working with the parties to obtain the goal that the United States supports, that is a two-state solution... we will leave... no effort or stone unturned in our commitment to achieving that."

Al Jazeera's Mike Hannah, reporting from the UN, said that according to the Palestinian delegation, 129 countries had recognised Palestine already.

"This means it does have a two-third majority in the General Assembly, should it choose to go for non-member status in that particular body," our correspondent said.

"At this stage though, the Palestinians will be going to the UN Security Council where the Palestinian president will hand over the application to the UN secretary general."

French proposal dismissed

Israel on Friday rejected a proposal by French President Nicolas Sarkozy to upgrade the Palestinians' UN status and admit them as a non-member state, a foreign ministry spokesman said.

"It looks like a good idea but it's not because you can't cut corners by giving the Palestinians a state, however you describe it, which does not come from an agreement with Israel," he said.

Turkey's Deputy Prime Minister Bulent Arinc also dismissed the French proposal, but for different reasons.

"It seems that certain countries have not changed their ideas, because of the influence of Israel," Arinc told reporters in Brussels.

"What Sarkozy said regarding Palestine is comparable to what he has said regarding Turkey, when he proposed that it not be a full member of the European Union," he added.

France and Germany proposed that Turkey have an "alternative partnership" with the European Union, something Ankara has always rejected in the course of its negotiations for full membership.

Of the Palestinians bid to the United Nations Security Council for full UN membership, Arinc said: "I hope that the proposal for Palestine to become a full member will be accepted by the Council."

Palestinian demonstrations

There was anger in the Palestinian territories against Wednesday's UN address by US President Barack Obama in which he insisted the only way to achieve the Palestinian dream of statehood was through negotiations.

More than 1,000 Palestinians carrying signs denouncing Obama gathered outside Abbas's West Bank headquarters before marching into the city centre shouting: "It's shameful for America to support the occupation."

In Gaza City, around 300 women held a protest outside the UN headquarters, shouting anti-Obama slogans.

"Our people demonstrated yesterday and today to express their feeling that (Obama's) speech does not meet Palestinian hopes for the freedom and independence that the US administration is calling for all people, except the Palestinians," said top Palestinian negotiator Saeb Erakat.

"Despite this unfair position and all the pressure, President Abbas will submit tomorrow (Friday) a request to admit the state of Palestine at the UN via the Security Council," Erakat said.

Abbas will address the UN General Assembly on Friday and then leave swiftly for the Palestinian territories for consultations on the next step forward.

Israeli Prime Minister Benjamin Netanyahu, who has called on Abbas to hold talks in New York, will also address the UN General Assembly on Friday.

The request for UN member state status will then go before the UN Security Council where the Palestinians have to win nine of the 15 member votes - although the United States has already said it would impose its veto.

Abbas's diplomatic advisor Majdi al-Khaldi said the Palestinians believed they would get the votes needed, even though he believed some countries were under pressure.

"Three of the members of the Security Council are under pressure from the Americans," he said, naming Bosnia, Gabon and Nigeria.

French President Nicolas Sarkozy has proposed that the Palestinians should be temporarily granted non-member observer state status and set out a timetable for new negotiations with the aim of a deal within a year.


The Gaydio Show

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18 July 2017, National: Time has changed, so has radio. Known to be in the forefront of path breaking shows, ISHQ 104.8 FM, this time spins a new wave with a show that celebrates all-inclusive love – Gaydio, India’s first LGBTQ show.

Hosted by renowned LGBTQ activist Harish Iyer, the show will not only disclose his narrative about the struggles of coming out of the closet; but will also showcase experiences and anecdotes of individuals who have taken a step in this direction.

ISHQ 104.8 FM, as a station, believes in spreading love and this time it is reaching out to the lesbian, gay, bisexual, transgender, queer &questioning; consideringits listeners come from all genders and sexuality. As India’s first LGBTQ show, GAYDIO will act as a platform to bring out different voices and spread the message to the nation that it’s time for people to unhide and come out of the closet.

Speaking about the show, Harish Iyer says, “My intent is to keep it as inclusive and personal as possible. Radio is a very personal medium. The fact that it is a sound only medium makes it a more universal and a more accessible medium. I am sure initiatives like these would give the listener a better understanding of gender and sexuality. This show would focus on the lives of LGBTQ people and understand that we are all the same and that #LoveIsLove without tags.”

Adding to it,ShivanginiJajoria (National Head – Operations) said, “As a station we always want to provide exceptional content to our listeners, with Gaydio we want to reinstitute the fact that Love is not conditional to sexuality. We as a station finally want to hear the unheard voices of the nation.’’

Ishq FM has always strived to deliver premium listenership experience with its long music sweeps and short ad breaks; with this show the station aims to further cement their brand promise of being different from the others.

Now tune in to ISHQ 104.8 FM to listen to this unique LGBTQ radio show on every Sunday at 12 noon


Thoughts From a Traveling Rotarian

Jerry & Pat Anderson are our banner hunters and probably travel more than the rest of the club combined! In September they wandered to Utah, and here is Jerry's take on the trip. I hope he doesn't mind my sharing...

I don't mean to bore you, but Pat and I had some interesting experiences with fellow Rotarians in Utah that some of you may find interesting. Pat and I had flown to Salt Lake City on 9-14 to watch the Badgers play BYU in Provo on 9-16. We won 40 to 6 and enjoyed celebrating after with .fellow Badgers. There was to be a Salt Lake City Rotary Club meeting at our hotel at noon on 9-19 that we wanted to attend, but learned on 9-18 that it was replaced with a bunch of evening dinners at several members homes. We did learn that the Club had an office a block and a half from our hotel and so decided to visit it on 9-19 in hopes of a banner exchange. The Office Manager, Linda Kruse, did exchange banners with us but was very proactive in arranging for us to attend dinner that night at one of the Rotarians home along with Rotarian transportation to and from the dinner. Since I'm not a social butterfly and Pat wanted to spend the evening at our hotel because we were flying out the following day, we both tried wrangling out of the invitation to no avail. After the great dinner, the hostess requested all of us to relate a story about ourselves to better get to know one another. Being an introvert, I was mortified. Pat related a story of how she lost our granddaughter in a local hospital when she got whisked away in an elevator and I told how I wrestled a black bear and won. After the story telling, we were returned to our hotel at a decent hour and the evening had turned out fine. Incidentally, the SLC Club has suffered membership loss like us in recent years and they are now down to about 250.

We wore Badger garb throughout the trip, resulting in other interesting incidents:

1. While sitting in the MSP airport, a Provo resident came and sat with us and mentioned he too was attending the game.

2. While walking to the stadium, another Provo resident walked with us, carrying on a nice conversation.

3. At our gate in SLC on the way home, one of our flight attendants lit up when she saw our clothing and mentioned she had graduated from UW. A fellow behind us piped up and said he graduated from there 30 years ago. I replied it has been 51 years for me.

4. While heading for our seat, another flight attendant mentioned she was a Gopher fan but has enjoyed fraternizing with Badger fans. She noticed my "Rotary Guatemala" hat and said it didn't match my outfit. I replied my Badger hat was in my carry on bag and Pat replied "along with his Packer hat".

5. While seated, a lady from La Crosse passed by and invited us to attend a meeting of the La Crosse Rotary Club at the Radisson Center on Thursdays at noon and she would pay for our meals. We said we would do it some day, but pay our way.


Stellaris Anniversary Addition Now Available

The first birthday is always special. Symbolizing how time seems to fly by, and the mark of one step on the long journey. Today Stellaris, developed by Paradox games, has hit the one year mark.

As part of the Birthday celebrations, Stellaris has received an anniversary addition. The pack will include the base game and both major expansion to come out for the game since that time (one rather recently) as well as a few other goodies. All seen below.

Stellaris: The critically acclaimed space empire game, full of stories and encounters that take on new dimensions every time you play.

Utopia: The first full expansion for Stellaris, adding megastructures and new options for the ultimate advancement of your species.

Plantoids Species Pack: A species pack that includes a dozen portraits for plant based sentient life-forms.

Leviathans Story Pack: A story pack that includes monstrous new creatures and encounters.

Whether new to Paradox games or new to Stellaris, it is a grand strategy game worth picking up. While it had some hick-ups upon initial release, it has only improved on the systems already in place. Stellaris now, more than ever, feels like a proper Paradox game. Paradox known for making some of the best grand strategy games out there.

Stellaris Anniversary Pack will be running at a special discounted price for the week running at 55.46 USD, compared to the 69.99 USD it would cost. This includes the base game as well as all the expansions. If already an owner of Stellaris, give or take an expansion, this will be reflected when purchasing anything for the game.

The final bonus for Stellaris owners, Paradox is freely giving the Creaturs of the Void pre-order pack and an Anniversary Species Portrait Pack for anyone who owns Stellaris.


A vicar has become the first to be found guilty of spiritual abuse after he tried to stop a teenage boy seeing his girlfriend.

The Reverend Timothy Davis, vicar of Christ Church Abingdon, was found to be guilty of misconduct after a tribunal found that his "intense mentoring" of the boy between 2012 and 2013 amounted to abuse.

The disciplinary tribunal found that he had "sought to control" the boy's life and relationships "by the use of admonition, Scripture, prayer and revealed prophecy".

Nightly one-on-one mentoring sessions which lasted for up to two hours took place unsupervised in the boy's bedroom, it said.

The abuse lasted for 18 months, when the boy was aged 15 and 16.

Mr Davis moved in with the boy's family and would become angry if he did not come to his services because he was with his girlfriend.

He called her "evil" and her family "bad seed" and "poisonous", quoting Matthew's Gospel to support his claims.

The boy, who cannot be identified, told the tribunal that Mr Davis hugged him while crying, which he found "uncomfortable" and he was forced to pray with him morning and evening because he was told "God was saying that is what I should do".


ACADA

Tuesday, 25 June 2013

OAU Authorities Say Student Didn’t Attempt To Flush Baby

The well-publicised
allegation that a student of the Obafemi Awolowo University tried to flush away
a newborn has been termed incorrect by the school authorities.

The
Obafemi Awolowo University (OAU) on Thursday clarified that Diana Rotimi
Oyinlola, an undergraduate, who delivered a baby in the toilet on campus did
not attempt to kill the baby.

The
were reports in a section of the media since the incident happened at Moremi
hall on Wednesday that Oyinlola attempted to ditch the baby. However, a
statement signed by Biodun Olanrewaju, the university’s Public Relations
Officer (PRO), on Thursday described the reports as “incorrect”.

Mr.
Olanrewaju said that an interaction with the mother of the baby by the Security
Unit of the university among other university officials, revealed that the
student was willing to have the child.

He
said that there was “no attempt whatsoever to conceal the pregnancy, not to
talk of aborting it and wanting to flush the baby away through the Water Closet
(WC).

“The
truth is that there was a delivery of a baby boy by an inexperienced mother,
who in her naivety, thought she was pressed by call of nature, while she was
actually in labour pains. “Prior to the childbirth, the inexperienced mother
had discovered that she was bleeding and went to the toilet only to observe
that something expelled into the water closet.

“It
was at that juncture that she screamed and shouted for help when one of her
friends Satope Oladayo, heard her distress voice and quickly traced her to the
toilet from their room. “It was when Satope entered the toilet and found the
baby that she (Satope) called an elderly cleaner for assistance because the two
of them were novice in childbearing,” the statement stated.

The
father of the new baby is a 400- level student of Mechanical Engineering, while
the 20-year-old mother is also a final year student in the same university. (Nairaland )


Six ALMA-imaged galaxies out of a collection of the 74. The images were taken as part of the PHANGS-ALMA survey to study the properties of star-forming clouds in disk galaxies. Credit: ALMA (ESO/NAOJ/NRAO); NRAO/AUI/NSF, B. Saxton

Galaxies come in a wide variety of shapes and sizes. Some of the most significant differences among galaxies, however, relate to where and how they form new stars. Compelling research to explain these differences has been elusive, but that is about to change.

A vast, new research project with the Atacama Large Millimeter/submillimeter Array (ALMA), known as PHANGS-ALMA (Physics at High Angular Resolution in Nearby GalaxieS), delves into this question with far greater power and precision than ever before by measuring the demographics and characteristics of a staggering 100,000 individual stellar nurseries spread throughout 74 galaxies.

PHANGS-ALMA, an unprecedented and ongoing research campaign, has already amassed a total of 750 hours of observations and given astronomers a much clearer understanding of how the cycle of star formation changes, depending on the size, age, and internal dynamics of each individual galaxy. This campaign is ten- to one-hundred-times more powerful (depending on your parameters) than any prior survey of its kind.

"Some galaxies are furiously bursting with new stars while others have long ago used up most of their fuel for star formation. The origin of this diversity may very likely lie in the properties of the stellar nurseries themselves," said Erik Rosolowsky, an astronomer at the University of Alberta in Canada and a co-Principal Investigator of the PHANGS-ALMA research team.

ALMA image of galaxy NGC 4321, also known as Messier 100, an intermediate spiral galaxy located about 55 million light-years from Earth in the constellation Coma Berenices. It is imaged as part of the PHANGS-ALMA survey to study the properties of star-forming clouds in disk galaxies. Credit: ALMA (ESO/NAOJ/NRAO); NRAO/AUI/NSF, B. Saxton

He presented initial findings of this research at the 233rd meeting of the American Astronomical Society being held this week in Seattle, Washington. Several papers based on this campaign have also been published in the Astrophysical Journal and the Astrophysical Journal Letters.

"Previous observations with earlier generations of radio telescopes provide some crucial insights about the nature of cold, dense stellar nurseries," Rosolowsky said. "These observations, however, lacked the sensitivity, fine-scale resolution, and power to study the entire breadth of stellar nurseries across the full population of local galaxies. This severely limited our ability to connect the behavior or properties of individual stellar nurseries to the properties of the galaxies that they live in."

For decades, astronomers have speculated that there are fundamental differences in the way disk galaxies of various sizes convert hydrogen into new stars. Some astronomers theorize that larger, and generally older galaxies, are not as efficient at stellar production as their smaller cousins. The most logical explanation would be that these big galaxies have less efficient stellar nurseries. But testing this idea with observations has been difficult.

For the first time, ALMA is allowing astronomers to conduct the necessary wide-ranging census to determine how the large-scale properties (size, motion, etc.) of a galaxy influence the cycle of star formation on the scale of individual molecular clouds. These clouds are only about a few tens to a few hundreds of light-years across, which is phenomenally small on the scale of an entire galaxy, especially when seen from millions of light-years away.

ALMA image of NGC 628, also known as Messier 74, a spiral galaxy in the constellation Pisces, located approximately 32 million light-years from Earth. It is imaged as part of the PHANGS-ALMA survey to study the properties of star-forming clouds in disk galaxies. Credit: ALMA (ESO/NAOJ/NRAO); NRAO/AUI/NSF, B. Saxton

"Stars form more efficiently in some galaxies than others, but the dearth of high-resolution, cloud-scale observations meant our theories were weakly tested, which is why these ALMA observations are so critical," said Adam Leroy, an astronomer at The Ohio State University and co-Principal Investigator on the PHANGS-ALMA team.

Part of the mystery of star formation, the astronomers note, has to do with the interstellar medium – all the matter and energy that fills the space between the stars.

Astronomers understand that there is an ongoing feedback loop in and around the stellar nurseries. Within these clouds, pockets of dense gas collapse and form stars, which disrupts the interstellar medium.

ALMA is revealing new insights into the relationship between star-forming clouds and their host galaxies. Credit: NRAO/AUI/NSF, B. Saxton; ALMA (ESO/NAOJ/NRAO

"Indeed, comparing early PHANGS observations with the locations of newly formed stars shows that the newly formed stars quickly destroy their birth clouds," said Rosolowsky. "The PHANGS team is studying how this disruption plays out in different types of galaxies, which may be a key factor in star-forming efficiency."

For this research, ALMA is observing molecules of carbon monoxide (CO) from all relatively massive, generally face-on spiral galaxies visible from the Southern Hemisphere. Molecules of CO naturally emit the millimeter-wavelength light that ALMA can detect. They are particularly effective at highlighting the location of star-forming clouds.

"ALMA is a stunningly efficient machine to map carbon monoxide over large areas in nearby galaxies," said Leroy. "It was able to perform this survey because of the combined power of the 12-meter dishes, which study fine-scale features, and the smaller, 7-meter dishes at the center of the array, which are sensitive to large-scale features, essentially filling in the gaps."

A companion survey, PHANGS-MUSE, is using the Very Large Telescope to obtain optical imaging of the first 19 galaxies observed by ALMA. MUSE stands for the Multi-Unit Spectroscopic Explorer. Another survey, PHANGS-HST uses the Hubble Space Telescope to survey 38 of these galaxies to find their youngest stellar clusters. Together, these three surveys give a startlingly complete picture of how well galaxies form stars by probing cold molecular gas, its motion, the location of ionized gas (regions where stars are already forming), and the galaxies' complete stellar populations.

Composite ALMA (orange) and Hubble (blue) image of NGC 628, also known as Messier 74, a spiral galaxy in the constellation Pisces, located approximately 32 million light-years from Earth. It is imaged as part of the PHANGS-ALMA survey to study the properties of star-forming clouds in disk galaxies. Credit: NRAO/AUI/NSF, B. Saxton: ALMA (ESO/NAOJ/NRAO); NASA/Hubble

"In astronomy, we have no ability to watch the cosmos change over time; the timescales simply dwarf human existence," noted Rosolowsky. "We can't watch one object forever, but we can observe hundreds of thousands of star-forming clouds in galaxies of different sizes and ages to infer how galactic evolution works. That is the real value of the PHANGS-ALMA campaign."

"We also look at thousands to tens of thousands of star-forming regions within each galaxy, catching them across their life cycle. This lets us build a picture of the birth and death of stellar nurseries across galaxies, something almost impossible before ALMA," added Leroy.

So far, PHANGS-ALMA has studied about 100,000 Orion Nebula-like objects in the nearby universe. It is expected that the campaign will eventually observe around 300,000 star-forming regions.

Explore further Image: Hubble finds smiling face in a hunt for newborn stars

More information: Jiayi Sun et al. Cloud-scale Molecular Gas Properties in 15 Nearby Galaxies, The Astrophysical Journal (2018). Jiayi Sun et al. Cloud-scale Molecular Gas Properties in 15 Nearby Galaxies,(2018). DOI: 10.3847/1538-4357/aac326 K. Kreckel et al. A 50 pc Scale View of Star Formation Efficiency across NGC 628, The Astrophysical Journal (2018). DOI: 10.3847/2041-8213/aad77d Dyas Utomo et al. Star Formation Efficiency per Free-fall Time in nearby Galaxies, The Astrophysical Journal (2018). DOI: 10.3847/2041-8213/aacf8f Journal information: Astrophysical Journal , Astrophysical Journal Letters

Provided by National Radio Astronomy Observatory (NRAO)


The weather on the morning of Sunday, May 1st, was a springtime glory: crisp, sunny, infinite blue skies––the sort of conditions that pilots call “severe clear.” Such a morning comes along so infrequently that, especially if you were walking along Vesey or Church Streets, past the startling emptiness of the construction site still known as Ground Zero, the perfection might have evoked memories of the worst day in the history of the city—the morning nearly ten years ago, equally bright, equally cool, when the suicidal fanatics of Osama bin Laden’s army steered jets into the Twin Towers, and left thousands to die under smoldering glass and steel.

Illustration by TOM BACHTELL

At around nine-forty-five that Sunday evening, as we were finishing the dishes or putting the kids to bed, the bulletins began: a tumble of cyber-hints and obscure details, televised requests to stay tuned for important news—and then, just after eleven-thirty, President Obama striding into the East Room of the White House to inform the country that “justice has been done,” that Special Operations forces had just hours earlier completed a “targeted operation” to kill bin Laden at a lightly guarded compound in northern Pakistan. Soldiers had packed his corpse into a helicopter, the official accounts said, and, from the deck of the U.S.S. Carl Vinson, they slid his properly sanctified remains into the North Arabian Sea.

Bin Laden, as medieval ideologist and global terrorist, had a record of accomplishment that was as vast as it was hideous. He did more to slash the fabric of American life than anyone since the Second World War. His capacity to arouse the fevered imaginations of young fundamentalists led to the murder of thousands of men, women, and children—among them Muslim men, women, and children—in Aden, Mogadishu, Nairobi, Dar es Salaam, Washington, New York, Shanksville, Bali, Madrid, London, Baghdad, Kabul, and Marrakech. He provoked wars. He forced the rise of expensive structures of security and surveillance. He incited a national politics of paranoia and retribution. He did as much as the economic rise of China and India has done to undermine America’s short-lived post-Cold War status as a singular, self-confident, seemingly omnipotent superpower. Bin Laden signed his last will and testament on December 14, 2001, while hiding in the caves of Tora Bora, instructing his children not to work for Al Qaeda: “If it is good, then we have had our share; if it is bad, then it is enough.” Despite all efforts to capture or assassinate him, he survived for a decade, eventually finding greater comfort in a Pakistani hill station.

When the news of his death finally came, it inspired a nightlong burst of triumphal celebration at Ground Zero, in Lafayette Park, and elsewhere. But, when the cameras turned to those who had lost family and close friends ten years ago, their quiet sense of relief was generally mixed with revived sorrow. For them, there was no glee, no illusion that the lost had been returned. And it was in that restrained spirit that the President called on the country to renew old decencies. “On September 11, 2001, in our time of grief, the American people came together,” he said. “We offered our neighbors a hand, and we offered the wounded our blood. We reaffirmed our ties to each other and our love of community and country.”

“And no hitting below where a normal person wears his belt.” Facebook

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At the moment, however, it is hard to recall Obama’s announcement without also recalling the bizarre political context of the days that immediately preceded it. In recent weeks, one of Obama’s leading opponents in the polls for the 2012 election had been a swirly-haired hotelier and reality-show Barnum, who gets around in a black helicopter. Germophobic and handshake-averse, Donald Trump was an unlikely candidate, yet he won support for expressing doubt that the President was a U.S. citizen. Perhaps Barack Obama was born in Kenya; perhaps he was not the Christian he claimed to be but a secret Muslim. The global jihad that bin Laden sought to inaugurate did not create the xenophobia that buoyed Trump’s ambitions, but it helped to electrify it. Here was another reminder of how bin Laden, by the jujitsu of terror, managed to bring out the worst not only in his admirers but in his adversaries.

No President, no matter how serious, can fully ignore the reality-show aspects of his country. Obama finally concluded that he had to make a concession to its lesser angels. He sullenly announced that he had prevailed on the State of Hawaii to release his “long form” birth certificate. Three nights later, at the White House Correspondents’ dinner, he deflated Trump with stinging bonhomie. The truly astounding aspect of the dinner was not the political japery but Obama’s knowledge that, as soon as the weather in northern Pakistan cleared, his own black helicopters would ferry a crew of Navy SEALs to bin Laden’s compound in Abbottabad.

This serious and necessary act has led to serious and necessary questions: Was bin Laden under the control of Pakistan, our putative ally, and its intelligence agency, the I.S.I., or was he really able to hide just down the road from an élite military academy? Will the death of bin Laden in the wake of the anti-authoritarian uprisings of the “Arab Spring” deal a decisive blow to jihadist movements throughout the Middle East and South Asia? And, perhaps most urgently, will the death of bin Laden accelerate the withdrawal of American troops from Afghanistan? Afghanistan was one of the places where Al Qaeda was born, and where it was sheltered. But Al Qaeda long ago fled to all corners, changing its mailing address to franchise cells in Waziristan, Peshawar, southern Yemen, and housing projects in European cities. Bin Laden’s death underscores the question of why we go on losing young men and women daily in the defense of an indefensibly corrupt government in Kabul.

The most stirring aspect of Obama’s speech announcing bin Laden’s death was its sobriety, its refusal of “Mission Accomplished” theatrics. One of the most surprising features of his Presidency has been its stubborn repudiation of drama—surprising because of his penchant, as a campaigner, for highly charged set-piece addresses, not least in Des Moines, Philadelphia, and Denver. But, as President, Obama has revealed himself to have a certain disdain for the emotional, for the memorable phrase and the theatrical gesture. Moments like Tucson are the rarity.

To some, it has seemed that Obama’s determination to avoid the vulgar and the cheap is a form of superiority, a bearing designed to make everyone else seem vulgar and cheap. But his seriousness is a welcome antidote to a political culture infected with self-congratulation, delusion, and paranoia. The United States has, at long last, dealt with Osama bin Laden. Dealing with his legacy will pose a still greater challenge. We remember the dead, as more die every day as a result of his example. Even now, on a clear day, far distant from the battlefield, we can still detect the smell of destruction that came through our windows for weeks after the towers fell. We hear the roaring of the jets. The political future should be entrusted only to those who honor that memory and refrain from exploiting it. ♦