Wherefore Art Thou Guidelines? An Empirical Study of White-Collar Criminal Sentencing and How the Gall Decision Effectively Eliminated the Sentencing Guidelines

[Excerpt] “Until the passage of the U.S. Federal Sentencing Guidelines in 1984, federal judges had relatively wide discretion in sentencing federal offenders up to the statutory maximum. This judicial discretion led to a disparity in the sentences of similarly situated offenders, particularly in white-collar cases. The Guidelines attempted to eliminate this disparity by establishing maximum and minimum sentences for certain offenses based on the characteristics of the crime. An important feature of the Guidelines system was its mandatory nature, which decreased and structured the judiciary‘s discretion within bounds set by Congress. The mandatory application of the Guidelines resulted in stiff sentences for white-collar criminals, effectively reducing the disparity in sentencing that had existed prior to implementation. However, in January of 2005, the U.S. Supreme Court held in United States v. Booker that the Guidelines‘ mandatory use of enhancing factors not found by a jury was unconstitutional, and the proper remedy for this constitutional error was to sever the provisions from the statute that made the Guidelines mandatory, rendering the Guidelines advisory. Then, in December of 2007, the Court effectively eliminated the mandatory guideline sentencing entirely in Gall v. United States. Although the Gall decision impacts all sentencing within the federal court system, a significant group of criminal defendants that one should expect to be impacted are high-ranking corporate officers convicted of financial crimes. Theoretically, those defendants should now expect to receive lighter sentences, in part because of the subjective factors available to district court judges during sentencing which were expressly rejected by appellate courts prior to Gall. Additionally, because judges often articulate the view that white-collar crime lacks violence and identifiable victims — a belief that tends to obscure the severity of the harm caused by white-collar crimes — their personal views often influence white-collar defendants‘ sentences. Although one of the motivating factors behind Congress‘s passage of the Guidelines was the relatively light sentences given to white-collar criminals, recent trends demonstrate that judges have increasingly imposed more lenient sentences upon white-collar defendants since the Booker decision, a trend which Gall could help accelerate. This note will theoretically analyze why one should expect lighter sentences for defendants convicted of financial crimes, and it will test that theory by examining sentences imposed on Chief Financial Officers (CFOs) from 1998 to 2007.

Snow spectral albedo at Summit, Greenland: measurements and numerical simulations based on physical and chemical properties of the snowpack

The broadband albedo of surface snow is determined both by the near-surface profile of the physical and chemical properties of the snowpack and by the spectral and angular characteristics of the incident solar radiation. Simultaneous measurements of the physical and chemical properties of snow were carried out at Summit Camp, Greenland (72°36´ N, 38°25´ W, 3210 m a.s.l.) in May and June 2011, along with spectral albedo measurements. One of the main objectives of the field campaign was to test our ability to predict snow spectral albedo by comparing the measured albedo to the albedo calculated with a radiative transfer model, using measured snow physical and chemical properties. To achieve this goal, we made daily measurements of the snow spectral albedo in the range 350–2200 nm and recorded snow stratigraphic information down to roughly 80 cm. The snow specific surface area (SSA) was measured using the DUFISSS instrument (DUal Frequency Integrating Sphere for Snow SSA measurement, Gallet et al., 2009). Samples were also collected for chemical analyses including black carbon (BC) and dust, to evaluate the impact of light absorbing particulate matter in snow. This is one of the most comprehensive albedo-related data sets combining chemical analysis, snow physical properties and spectral albedo measurements obtained in a polar environment. The surface albedo was calculated from density, SSA, BC and dust profiles using the DISORT model (DIScrete Ordinate Radiative Transfer, Stamnes et al., 1988) and compared to the measured values. Results indicate that the energy absorbed by the snowpack through the whole spectrum considered can be inferred within 1.10%. This accuracy is only slightly better than that which can be obtained considering pure snow, meaning that the impact of impurities on the snow albedo is small at Summit. In the near infrared, minor deviations in albedo up to 0.014 can be due to the accuracy of radiation and SSA measurements and to the surface roughness, whereas deviations up to 0.05 can be explained by the spatial heterogeneity of the snowpack at small scales, the assumption of spherical snow grains made for DISORT simulations and the vertical resolution of measurements of surface layer physical properties. At 1430 and around 1800 nm the discrepancies are larger and independent of the snow properties; we propose that they are due to errors in the ice refractive index at these wavelengths. This work contributes to the development of physically based albedo schemes in detailed snowpack models, and to the improvement of retrieval algorithms for estimating snow properties from remote sensing data

Photopolymerized micelles of diacetylene amphiphile: physical characterization and cell delivery properties:

A series of polydiacetylene (PDA) - based micelles were prepared from diacetylenic surfactant bearing polyethylene glycol, by increasing UV-irradiation times. These polymeric lipid micelles were analyzed by physicochemical methods, electron microscopy and NMR analysis. Cellular delivery of fluorescent dye suggests that adjusting the polymerization state is vital to reach the full in vitro potential of PDA-based delivery system

Nonmuscle myosin heavy chain IIA mediates integrin LFA-1 de-adhesion during T lymphocyte migration

Precise spatial and temporal regulation of cell adhesion and de-adhesion is critical for dynamic lymphocyte migration. Although a great deal of information has been learned about integrin lymphocyte function–associated antigen (LFA)-1 adhesion, the mechanism that regulates efficient LFA-1 de-adhesion from intercellular adhesion molecule (ICAM)-1 during T lymphocyte migration is unknown. Here, we show that nonmuscle myosin heavy chain IIA (MyH9) is recruited to LFA-1 at the uropod of migrating T lymphocytes, and inhibition of the association of MyH9 with LFA-1 results in extreme uropod elongation, defective tail detachment, and decreased lymphocyte migration on ICAM-1, without affecting LFA-1 activation by chemokine CXCL-12. This defect was reversed by a small molecule antagonist that inhibits both LFA-1 affinity and avidity regulation, but not by an antagonist that inhibits only affinity regulation. Total internal reflection fluorescence microscopy of the contact zone between migrating T lymphocytes and ICAM-1 substrate revealed that inactive LFA-1 is selectively localized to the posterior of polarized T lymphocytes, whereas active LFA-1 is localized to their anterior. Thus, during T lymphocyte migration, uropodal adhesion depends on LFA-1 avidity, where MyH9 serves as a key mechanical link between LFA-1 and the cytoskeleton that is critical for LFA-1 de-adhesion

Stronger diversity effects with increased environmental stress : a study of multitrophic interactions between oak, powdery mildew and ladybirds

Recent research has suggested that increasing neighbourhood tree species diversity may mitigate the impact of pests or pathogens by supporting the activities of their natural enemies and/or reducing the density of available hosts. In this study, we attempted to assess these mechanisms in a multitrophic study system of young oak (Quercus), oak powdery mildew (PM, caused by Erysiphe spp.) and a mycophagous ladybird (Psyllobora vigintiduo-punctata). We assessed ladybird mycophagy on oak PM in function of different neighbourhood tree species compositions. We also evaluated whether these species interactions were modulated by environmental conditions as suggested by the Stress Gradient Hypothesis. We adopted a complementary approach of a field experiment where we monitored oak saplings subjected to a reduced rainfall gradient in a young planted forest consisting of different tree species mixtures, as well as a lab experiment where we independently evaluated the effect of different watering treatments on PM infections and ladybird mycophagy. In the field experiment, we found effects of neighbourhood tree species richness on ladybird mycophagy becoming more positive as the target trees received less water. This effect was only found as weather conditions grew drier. In the lab experiment, we found a preference of ladybirds to graze on infected leaves from trees that received less water. We discuss potential mechanisms that might explain this preference, such as emissions of volatile leaf chemicals. Our results are in line with the expectations of the Natural Enemies Hypothesis and support the hypothesis that biodiversity effects become stronger with increased environmental stress

Callous-unemotional traits, low cortisol reactivity and physical aggression in children: findings from the Wirral Child Health and Development Study

Callous-unemotional (CU) traits are thought to confer risk for aggression via reduced amygdala responsivity to distress cues in others. Low cortisol reactivity is thought to confer risk for aggression via reduced arousal and this effect may be confined to boys. We tested the hypothesis that the association between childhood CU traits and aggression would be greatest in the absence of the inhibitory effects of cortisol reactivity, and that this effect would be sex dependent. Participants were 283 members of a stratified subsample within an epidemiological longitudinal cohort (WCHADS). Cortisol reactivity to a social stressor was assessed at 5 years. CU traits were reported by mothers at 5 years, and physical aggression by mothers and teachers at age 7. Results showed that CU traits were associated with elevated aggression at 7 years controlling for earlier aggression. There was no main effect of cortisol reactivity on regression. The association between CU traits and aggression was moderated by cortisol reactivity (p = .011) with a strong association between CU traits and aggression in the presence of low reactivity, and a small and non-significant association in the presence of high reactivity. This association was further moderated by child sex (p = .041) with the joint effect of high CU traits and low cortisol reactivity seen only in boys (p = .016). We report first evidence that a combined deficit in inhibitory processes associated with CU traits and low cortisol reactivity increases risk for childhood aggression, in a sex-dependent manner

Le FORUM, Vol. 39 No. 1

https://digitalcommons.library.umaine.edu/francoamericain_forum/1044/thumbnail.jp

Assessing Matched Normal and Tumor Pairs in Next-Generation Sequencing Studies

Next generation sequencing technology has revolutionized the study of cancers. Through matched normal-tumor pairs, it is now possible to identify genome-wide germline and somatic mutations. The generation and analysis of the data requires rigorous quality checks and filtering, and the current analytical pipeline is constantly undergoing improvements. We noted however that in analyzing matched pairs, there is an implicit assumption that the sequenced data are matched, without any quality check such as those implemented in association studies. There are serious implications in this assumption as identification of germline and rare somatic variants depend on the normal sample being the matched pair. Using a genetics concept on measuring relatedness between individuals, we demonstrate that the matchedness of tumor pairs can be quantified and should be included as part of a quality protocol in analysis of sequenced data. Despite the mutation changes in cancer samples, matched tumor-normal pairs are still relatively similar in sequence compared to non-matched pairs. We demonstrate that the approach can be used to assess the mutation landscape between individuals

Smyd3 regulates cancer cell phenotypes and catalyzes histone H4 lysine 5 methylation

Smyd3 is a lysine methyltransferase implicated in chromatin and cancer regulation. Here we show that Smyd3 catalyzes histone H4 methylation at lysine 5 (H4K5me). This novel histone methylation mark is detected in diverse cell types and its formation is attenuated by depletion of Smyd3 protein. Further, Smyd3-driven cancer cell phenotypes require its enzymatic activity. Thus, Smyd3, via H4K5 methylation, provides a potential new link between chromatin dynamics and neoplastic disease

Monocytes Contribute to Differential Immune Pressure on R5 versus X4 HIV through the Adipocytokine Visfatin/NAMPT

Background: The immune system exerts a diversifying selection pressure on HIV through cellular, humoral and innate mechanisms. This pressure drives viral evolution throughout infection. A better understanding of the natural immune pressure on the virus during infection is warranted, given the clinical interest in eliciting and sustaining an immune response to HIV which can help to control the infection. We undertook to evaluate the potential of the novel HIV-induced, monocyte-derived factor visfatin to modulate viral infection, as part of the innate immune pressure on viral populations. Results: We show that visfatin is capable of selectively inhibiting infection by R5 HIV strains in macrophages and resting PBMC in vitro, while at the same time remaining indifferent to or even favouring infection by X4 strains. Furthermore, visfatin exerts a direct effect on the relative fitness of R5 versus X4 infections in a viral competition setup. Direct interaction of visfatin with the CCR5 receptor is proposed as a putative mechanism for this differential effect. Possible in vivo relevance of visfatin induction is illustrated by its association with the dominance of CXCR4-using HIV in the plasma. Conclusions: As an innate factor produced by monocytes, visfatin is capable of inhibiting infections by R5 but not X4 strains, reflecting a potential selective pressure against R5 viruses. © 2012 Van den Bergh et al.SCOPUS: ar.jinfo:eu-repo/semantics/publishe