Could You Use That in a Sentence, Please?: The Intersection of Prosecutorial Ethics, Relevant Conduct Sentencing, and Criminal RICO Indictments

This Note highlights a potential prosecutorial abuse at the intersection of RICO and the Sentencing Guidelines; specifically, how a weak RICO charge can create an unfair sentencing advantage over a defendant who is acquitted of that charge but is still convicted of at least one other count. Because this sentencing strategy involves two complex statutory frameworks, this Note requires a detailed overview of both the RICO Act and the current sentencing regime; this is necessary to clearly demonstrate how a faulty RICO indictment can be used to conceptually tie together otherwise unrelated acts and achieve an increased sentence under “relevant conduct” sentencing. Part I will describe the United States Sentencing Guidelines, focusing on the concept of “relevant conduct” sentencing. Part II will discuss the key concepts of RICO, looking closely at the “relatedness” requirement for a RICO “pattern of racketeering activity.” Part III will demonstrate how a prosecutor could use a weak RICO charge and allege a “pattern of racketeering activity” to connect two unrelated acts to one another, in order to argue later that these unrelated acts were part of the “same course of conduct or common scheme” for the purposes of relevant conduct sentencing. This Part will examine the corruption trial of former Alabama Governor Don Siegelman to illustrate how RICO’s “pattern” concept can lead to post-trial confusion when evaluating a defendant’s “common scheme of conduct” at sentencing. Part IV will argue that a prosecutor who intentionally confuses these concepts to gain sentencing leverage behaves both unethically and in a manner contrary to the purposes of the United States Sentencing Guidelines. As a result, this Note will recommend that judges be informed of this problem and that the Department of Justice prohibit this use of RICO indictments as part of its already-established RICO oversight process

Could You Use That in a Sentence, Please?: The Intersection of Prosecutorial Ethics, Relevant Conduct Sentencing, and Criminal RICO Indictments

This Note highlights a potential prosecutorial abuse at the intersection of RICO and the Sentencing Guidelines; specifically, how a weak RICO charge can create an unfair sentencing advantage over a defendant who is acquitted of that charge but is still convicted of at least one other count. Because this sentencing strategy involves two complex statutory frameworks, this Note requires a detailed overview of both the RICO Act and the current sentencing regime; this is necessary to clearly demonstrate how a faulty RICO indictment can be used to conceptually tie together otherwise unrelated acts and achieve an increased sentence under “relevant conduct” sentencing. Part I will describe the United States Sentencing Guidelines, focusing on the concept of “relevant conduct” sentencing. Part II will discuss the key concepts of RICO, looking closely at the “relatedness” requirement for a RICO “pattern of racketeering activity.” Part III will demonstrate how a prosecutor could use a weak RICO charge and allege a “pattern of racketeering activity” to connect two unrelated acts to one another, in order to argue later that these unrelated acts were part of the “same course of conduct or common scheme” for the purposes of relevant conduct sentencing. This Part will examine the corruption trial of former Alabama Governor Don Siegelman to illustrate how RICO’s “pattern” concept can lead to post-trial confusion when evaluating a defendant’s “common scheme of conduct” at sentencing. Part IV will argue that a prosecutor who intentionally confuses these concepts to gain sentencing leverage behaves both unethically and in a manner contrary to the purposes of the United States Sentencing Guidelines. As a result, this Note will recommend that judges be informed of this problem and that the Department of Justice prohibit this use of RICO indictments as part of its already-established RICO oversight process

Probit models for capture-recapture data subject to imperfect detection, individual heterogeneity and misidentification

As noninvasive sampling techniques for animal populations have become more popular, there has been increasing interest in the development of capture-recapture models that can accommodate both imperfect detection and misidentification of individuals (e.g., due to genotyping error). However, current methods do not allow for individual variation in parameters, such as detection or survival probability. Here we develop misidentification models for capture-recapture data that can simultaneously account for temporal variation, behavioral effects and individual heterogeneity in parameters. To facilitate Bayesian inference using our approach, we extend standard probit regression techniques to latent multinomial models where the dimension and zeros of the response cannot be observed. We also present a novel Metropolis-Hastings within Gibbs algorithm for fitting these models using Markov chain Monte Carlo. Using closed population abundance models for illustration, we re-visit a DNA capture-recapture population study of black bears in Michigan, USA and find evidence of misidentification due to genotyping error, as well as temporal, behavioral and individual variation in detection probability. We also estimate a salamander population of known size from laboratory experiments evaluating the effectiveness of a marking technique commonly used for amphibians and fish. Our model was able to reliably estimate the size of this population and provided evidence of individual heterogeneity in misidentification probability that is attributable to variable mark quality. Our approach is more computationally demanding than previously proposed methods, but it provides the flexibility necessary for a much broader suite of models to be explored while properly accounting for uncertainty introduced by misidentification and imperfect detection. In the absence of misidentification, our probit formulation also provides a convenient and efficient Gibbs sampler for Bayesian analysis of traditional closed population capture-recapture data.Comment: Published in at http://dx.doi.org/10.1214/14-AOAS783 the Annals of Applied Statistics (http://www.imstat.org/aoas/) by the Institute of Mathematical Statistics (http://www.imstat.org

Relation of Romantic Attitudes to Personality Characteristics and Certain Background Factors

Family Relations and Child Developmen

Sulfur dioxide in the atmosphere of Venus 1 sounding rocket observations

In this paper we present ultraviolet reflectance spectra obtained during two sounding rocket observations of Venus made during September 1988 and March 1991. We describe the sensitivity of the derived reflectance to instrument calibration and show that significant artifacts can appear in that spectrum as a result of using separate instruments to observe both the planetary radiance and the solar irradiance. We show that sulfur dioxide is the primary spectral absorber in the 190 - 230 nm region and that the range of altitudes probed by these wavelengths is very sensitive to incidence and emission angles. In a following paper Na et. al. (1994) show that sulfur monoxide features are also present in these data. Accurate identification and measurement of additional species require observations in which both the planetary radiance and the solar irradiance are measured with the same instrument. The instrument used for these observations is uniquely suited for obtaining large phase angle coverage and for studying transient atmospheric events on Venus because it can observe targets within 18 deg of the sun while earth orbiting instruments are restricted to solar elongation angles greater than or equal to 45 deg

Mapping recreational ecosystem services from stakeholders' perspective in the Azores

Mapping and Assessment of Ecosystems and their Services (MAES) in Europe’s Outermost Regions (ORs) and Overseas Countries and Territories (OCTs) is still underdeveloped compared to the European mainland. Most of those territories are small islands for which Marine and Coastal Ecosystems (MCE) constitute a significant resource and provide important provisioning, regulating and cultural Ecosystem Services (ES). Understanding the cultural dimension of ecosystems and considering the cultural benefits and values associated with them, demands methodological plurality, flexibility and creativity. This study focused on two activities related to recreational ES (recreational fishing and recreational SCUBA diving) that are particularly relevant to São Miguel Island (Archipelago of the Azores, Portugal). Stakeholders were interviewed using SeaSketch, a participatory mapping tool in which they indicated where they conduct recreational fishing and scuba diving, the relative value of those areas, in terms of preference over other areas and their willingness to relinquish them for the purpose of conservation. Responses were aggregated and represented in maps showing key areas for the provision of recreational ES around São Miguel. This approach can be used in the Azorean Maritime Spatial Planning (MSP) process and other on-going conservation initiatives, to better understand the trade-offs between relevant socio-economic activities and to support negotiations between the government and groups of stakeholders.Data collection and analysis for this article were done as part of a Master's thesis in Maritime Spatial Planning, funded by the Education, Audiovisual and Culture Executive Agency (EACEA), with an Erasmus Mundus Scholarship and by the Luso-American Development Foundation (FLAD), through the mobility fund Crossing the Atlantic. Fundação Gaspar Frutuoso (FGF) financed the work of Cristina Seijo as MSC-level grant researcher (002/BI/2020) and the work of Catarina Fonseca as Post-doc grant researcher (003/BIPD/2020), during the elaboration of the manuscript. The publication charges for this article were funded by cE3c – Centre for Ecology, Evolution and Environmental Changes & ABG - Azorean Biodiversity Group (SRMC-M1.1.a/042/Funcionamento/2018-Apoio à manutenção e gestão do GBA/cE3c – 2018-2020). We would like to thank all of them for the economic support, the McClintock Lab for the technical support and all the participants in this study for their thoughtful contribution.info:eu-repo/semantics/publishedVersio

Tomographic Reconstruction of Mercury's Exosphere from MESSENGER Flyby Data

The exosphere of Mercury is among the best-studied examples of a common type of atmosphere, a surface-bounded exosphere. Mercury's exosphere was probed in 2008-2009 with Ultraviolet and Visible Spectrometer (UVVS) measurements obtained during three planetary flybys by the MErcury Surface, Space ENvironment, GEochemistry, and Ranging (MESSENGER) spacecraft [1-3]. The measurements detailed the distribution of two previously known metallic constituents of Mercury's exosphere, Na and Ca, and indicated the presence in the gas phase of yet another metallic species, Mg. Such measurements can answer fundamental scientific questions regarding the relative importance of possible source and loss processes for exospheric species ejected from a surface boundary [4]. The trajectory of MESSENGER during the last of its three flybys provided the best spatial coverage prior to orbit insertion. The measurements by MESSENGER of Na, Ca, and Mg during the third flyby have been analyzed with a novel tomographic method. This approach maximizes the amount of information that can be extracted from line-of-sight measurements because it yields three-dimensional distributions of neutrals consistent with the data

On Resolution of the Selectivity/Conductivity Paradox for the Potassium Ion Channel

The ability of the potassium channel to conduct K+ at almost the rate of free diffusion, while discriminating strongly against the (smaller) Na+ ion, is of enormous biological importance [1]. Yet its function remains at the center of a “many-voiced debate” [2,3]. In this presentation, a first-principles explanation is provided for the seemingly paradoxical coexistence of high conductivity with high selectivity between monovalent ions within the channel. It is shown that the conductivity of the selectivity filter is described by the generalized Einstein relation. A novel analytic approach to the analysis of the conductivity is proposed, based on the derivation of an effective grand canonical ensemble for ions within the filter. The conditions for barrier-less diffusion-limited conduction through the KcsA filter are introduced, and the relationships between system parameters required to satisfy these conditions are derived. It is shown that the Eisenman selectivity equation is one of these, and that it follows directly from the condition for barrier-less conduction. The proposed theory provides analytical insight into the “knock-on” [1] and Coulomb blockade [4] mechanisms of K+ conduction through the KcsA filter. It confirms and illuminates an earlier argument [3] that the “snug-fit" model cannot describe the fast diffusion-limited conduction seen in experiments. Numerical examples are provided illustrating agreement of the theory with experimentally-measured I-V curves. The results are not restricted to biological systems, but also carry implications for the design of artificial nanopores

Insights into ion channel selectivity with ionic Coulomb Blockade

The flow of ions through a biological ion channel can be considered as transitions between occupied energy levels in the channel and either of the connecting bulk reservoirs [2]. Discreteness of ions and an electrostatic exclusion principle ensure that the number of channel energy levels equals the number of occupying ions. Using these fundamental physical principles we have recently introduced [1] an ionic Coulomb blockade (ICB) theory developed by analogy with the similar phenomenon of electron tunnelling in quantum dots [2,3]. In this picture channel selectivity is governed by energy level changes [1]. We present details of the ICB theory for ion transitions through the channel. It incorporates physiological solutions and channel properties: physical dimension, voltage drop and fixed charge, and hence allows for comparison with physiological data. The set of kinetic equations obtained using ICB is analysed. The channel probability of occupancy as a function of transition rates (and hence fixed charge and number of ions) is obtained in the steady-state approximation. It is shown that this probability displays the staircase structure familiar from analysis of occupancy in quantum dots. It is also shown that current through the channel displays sharp peaks as a function of fixed charge, hence relating channel selectivity to the structure and position of energy levels. The contribution of hydration energy is also discussed. We anticipate that inclusion of this energy into ICB theory will provide an important insight into the selectivity and conductivity of ion channels

In Vivo Identification of Eugenol-Responsive and Muscone-Responsive Mouse Odorant Receptors

Our understanding of mammalian olfactory coding has been impeded by the paucity of information about the odorant receptors (ORs) that respond to a given odorant ligand in awake, freely behaving animals. Identifying the ORs that respond in vivo to a given odorant ligand from among the ∼1100 ORs in mice is intrinsically challenging but critical for our understanding of olfactory coding at the periphery. Here, we report an in vivo assay that is based on a novel gene-targeted mouse strain, S100a5-tauGFP, in which a fluorescent reporter selectively marks olfactory sensory neurons that have been activated recently in vivo. Because each olfactory sensory neuron expresses a single OR gene, multiple ORs responding to a given odorant ligand can be identified simultaneously by capturing the population of activated olfactory sensory neurons and using expression profiling methods to screen the repertoire of mouse OR genes. We used this in vivo assay to re-identify known eugenol- and muscone-responsive mouse ORs. We identified additional ORs responsive to eugenol or muscone. Heterologous expression assays confirmed nine eugenol-responsive ORs (Olfr73, Olfr178, Olfr432, Olfr610, Olfr958, Olfr960, Olfr961, Olfr913, and Olfr1234) and four muscone-responsive ORs (Olfr74, Olfr235, Olfr816, and Olfr1440). We found that the human ortholog of Olfr235 and Olfr1440 responds to macrocyclic ketone and lactone musk odorants but not to polycyclic musk odorants or a macrocyclic diester musk odorant. This novel assay, called the Kentucky in vivo odorant ligand-receptor assay, should facilitate the in vivo identification of mouse ORs for a given odorant ligand of interest