The Ills of the Federal Sentencing Guidelines and the Search for a Cure: Using Sentence Entrapment to Combat Governmental Manipulation of Sentencing

Consider the following scenario:\u27 The police conduct an under- cover sting operation targeting drug traffickers. An undercover officer approaches a suspected drug dealer and arranges to purchase crack cocaine. Over a period of five weeks, the suspect makes seven sales to the officer, and the police arrest him after the final sale. The total amount sold by the defendant was 50.4 grams, just enough to place him within the mandatory minimum sentence of ten years. Had he sold up to 49.9 grams, his mandatory minimum sentence would only have been five years. The district court hearing this case found it not at all fortuitous that the agent arrested the defendant only after the agent had arranged enough successive buys to reach the magic number.\u273 Is this fair? The district court in United States v. Barth did not think so. Under the old sentencing system, discretion over sentencing resided with judges. With the adoption of the Federal Sentencing Guidelines (the Guidelines ), sentencing discretion has, in effect, shifted from judges to prosecutors and even to law enforcement field agents. The agents, with little supervision, can negotiate for any amount of drugs they choose, and this amount will determine the defendant\u27s drug sentence. Courts have developed the sentence entrapment doctrine to combat this kind of manipulation. Until recently, sentence entrapment existed largely in theory, but with the Ninth Circuit\u27s decision in United States v. Staufer, the sentence entrapment claim has become a reality

Glacial geology of the Hellas region on Mars

A glacial geologic interpretation was recently presented for Argyre, which is herein extended to Hellas. This glacial event is believed to constitute an important link in a global cryohydric epoch of Middle Amazonian age. At glacial maximum, ice apparently extended far beyond the regions of Argyre and Hellas, and formed what is termed as the Austral Ice Sheet, an agglomeration of several ice domes and lobes including the Hellas Lobe. It is concluded that Hellas was apparently heavily glaciated. Also glaciation was young by Martian standards (Middle Amazonian), and ancient by terrestrial standards. Glaciation appears to have occurred during the same period that other areas on Mars were experiencing glaciation and periglacial activity. Glaciation seems to have occurred as a geological brief epoch of intense geomorphic activity in an era characterized by long periods of relative inactivity

Determination of lunar ilmentite abundances from remotely sensed data

The mapping of ilmenite on the surface of the moon is a necessary precursor to the investigation of prospective lunar base sites. Telescopic observations of the moon using a variety of narrow bandpass optical interference filters are being performed as a preliminary means of achieving this goal. Specifically, ratios of images obtained using filters centered at 0.40 and 0.56 microns provide quantitative estimates of TiO2 abundances. Analysis of preliminary distribution maps of TiO2 concentrations allows identification of specific high-Ti areas. Investigations of these areas using slit spectra in the range 0.03 to 0.85 microns are underway to search for discrete spectral signatures attributable to ilmenite

Glacial and marine chronology of Mars

A hydrological model involving episodic oceans and ice sheets on Mars has been presented by Baker, et al. One of the main uncertainties concerning this model is the age and correlation of these events. Even more uncertain are their absolute ages. However, based on stratigraphic and cratering evidence, the most recent occurrence of these events was relatively late in Martian history. The cratering record on Mars can be divided into three general periods: (1) the period of late heavy bombardment; (2) a transition period at the end of late heavy bombardment; and (3) the post heavy bombardment era. The crater size/frequency distribution represented by the period of late heavy bombardment is characterized by a complex curve with a differential-2 slope (cumulative-1) at diameters less than about 50 km diameter, while the post heavy bombardment size distribution has a differential-3 slope (cumulative-2) over the same diameter range. An R plot is presented of the size/freqency distribution of ejecta blanket craters on the Argyre esker plains and similar craters in Hellas. The relative chronology is summarized of oceans, ice sheets, and other major events in Martian history

General heatbath algorithm for pure lattice gauge theory

A heatbath algorithm is proposed for pure SU(N) lattice gauge theory based on the Manton action of the plaquette element for general gauge group N. Comparison is made to the Metropolis thermalization algorithm using both the Wilson and Manton actions. The heatbath algorithm is found to outperform the Metropolis algorithm in both execution speed and decorrelation rate. Results, mostly in D=3, for N=2 through 5 at several values for the inverse coupling are presented.Comment: 9 pages, 10 figures, 1 table, major revision, final version, to appear in PR

The Clinical Rationale for the Sentry Bioconvertible Inferior Vena Cava Filter for the Prevention of Pulmonary Embolism

The Sentry inferior vena cava (IVC) filter is designed to provide temporary protection against pulmonary embolism (PE) during transient high-risk periods and then to bioconvert after 60 days after implantation. At the time of bioconversion, the device's nitinol arms retract from the filtering position into the caval wall. Subsequently, the stable stent-like nitinol frame is endothelialized. The Sentry bioconvertible IVC filter has been evaluated in a multicenter investigational-device-exemption pivotal trial (NCT01975090) of 129 patients with documented deep vein thrombosis (DVT) or PE, or at temporary risk of developing DVT or PE, and with contraindications to anticoagulation. Successful filter conversion was observed in 95.7% of patients at 6 months (110/115) and 96.4% at 12 months (106/110). Through 12 months, there were no cases of symptomatic PE. The rationale for development of the Sentry bioconvertible device includes the following considerations: (1) the period of highest risk of PE for the vast majority of patients occurs within the first 60 days after an index event, with most of the PEs occurring in the first 30 days; (2) the design of retrievable IVC filters to support their removal after a transitory high-PE-risk period has, in practice, been associated with insecure filter dynamics and time-dependent complications including tilting, fracture, embolization, migration, and IVC perforation; (3) most retrievable IVC filters are placed for temporary protection, but for a variety of reasons they are not removed in any more than half of implanted patients, and when removal is attempted, the procedure is not always successful even with advanced techniques; and (4) analysis of Medicare hospital data suggests that payment for the retrieval procedure does not routinely compensate for expense. The Sentry device is not intended for removal after bioconversion. In initial clinical use, complications have been limited. Long-term results for the Sentry bioconvertible IVC filter are anticipated soon

How directed is a directed network?

The trophic levels of nodes in directed networks can reveal their functional properties. Moreover, the trophic coherence of a network, defined in terms of trophic levels, is related to properties such as cycle structure, stability and percolation. The standard definition of trophic levels, however, borrowed from ecology, suffers from drawbacks such as requiring basal nodes, which limit its applicability. Here we propose simple improved definitions of trophic levels and coherence that can be computed on any directed network. We demonstrate how the method can identify node function in examples including ecosystems, supply chain networks, gene expression and global language networks. We also explore how trophic levels and coherence relate to other topological properties, such as non-normality and cycle structure, and show that our method reveals the extent to which the edges in a directed network are aligned in a global direction

Symmetrization and enhancement of the continuous Morlet transform

The forward and inverse wavelet transform using the continuous Morlet basis may be symmetrized by using an appropriate normalization factor. The loss of response due to wavelet truncation is addressed through a renormalization of the wavelet based on power. The spectral density has physical units which may be related to the squared amplitude of the signal, as do its margins the mean wavelet power and the integrated instant power, giving a quantitative estimate of the power density with temporal resolution. Deconvolution with the wavelet response matrix reduces the spectral leakage and produces an enhanced wavelet spectrum providing maximum resolution of the harmonic content of a signal. Applications to data analysis are discussed.Comment: 12 pages, 8 figures, 2 tables, minor revision, final versio

An evolutionary analysis of cAMP-specific Phosphodiesterase 4 alternative splicing

<p>Abstract</p> <p>Background</p> <p>Cyclic nucleotide phosphodiesterases (PDEs) hydrolyze the intracellular second messengers: cyclic adenosine monophosphate (cAMP) and cyclic guanine monophosphate (cGMP). The cAMP-specific PDE family 4 (PDE4) is widely expressed in vertebrates. Each of the four PDE4 gene isoforms (PDE4 A-D) undergo extensive alternative splicing via alternative transcription initiation sites, producing unique amino termini and yielding multiple splice variant forms from each gene isoform termed long, short, super-short and truncated super-short. Many species across the vertebrate lineage contain multiple splice variants of each gene type, which are characterized by length and amino termini.</p> <p>Results</p> <p>A phylogenetic approach was used to visualize splice variant form genesis and identify conserved splice variants (genome conservation with EST support) across the vertebrate taxa. Bayesian and maximum likelihood phylogenetic inference indicated PDE4 gene duplication occurred at the base of the vertebrate lineage and reveals additional gene duplications specific to the teleost lineage. Phylogenetic inference and PDE4 splice variant presence, or absence as determined by EST screens, were further supported by the genomic analysis of select vertebrate taxa. Two conserved PDE4 long form splice variants were found in each of the PDE4A, PDE4B, and PDE4C genes, and eight conserved long forms from the PDE4 D gene. Conserved short and super-short splice variants were found from each of the PDE4A, PDE4B, and PDE4 D genes, while truncated super-short variants were found from the PDE4C and PDE4 D genes. PDE4 long form splice variants were found in all taxa sampled (invertebrate through mammals); short, super-short, and truncated super-short are detected primarily in tetrapods and mammals, indicating an increasing complexity in both alternative splicing and cAMP metabolism through vertebrate evolution.</p> <p>Conclusions</p> <p>There was a progressive independent incorporation of multiple PDE4 splice variant forms and amino termini, increasing PDE4 proteome complexity from primitive vertebrates to humans. While PDE4 gene isoform duplicates with limited alternative splicing were found in teleosts, an expansion of both PDE4 splice variant forms, and alternatively spliced amino termini predominantly occurs in mammals. Since amino termini have been linked to intracellular targeting of the PDE4 enzymes, the conservation of amino termini in PDE4 splice variants in evolution highlights the importance of compartmentalization of PDE4-mediated cAMP hydrolysis.</p