-- It's cop vs. perp and the cop goes to jail! - 10/26/11
-- Mexican Cartel Hit List Targets American Police - 6/20/2008
-- Feds admit smuggler lied in Ramos-Compean case - 12/04/2007
-- Border Patrol Agent David Sipe reinstated with back pay - 12/04/2007
-- Texas deputy freed from prison 10/16/2007
-- Smuggled aliens to sue Texas deputy These people are illegal, they were injured while in the commission of a crime.
Why aren't judges required to order the arrest of illegals as soon as they are known.
cop vs. perp and the cop goes to jail!
Campaign set to reveal federal officer's 'malicious' conviction
October 26, 2011 By Bob Unruh WND
It's happening again!
Jesus Diaz Jr.
U.S. Border Patrol agent Jesus Diaz Jr. has been sentenced to 24 months in jail after his arrest of an illegal alien for grabbing the arms of the drug smuggler and lifting them in order to make him comply with his orders.
According to a new FreeAgentDiaz.com website, Diaz was "maliciously prosecuted at the request of the Mexican consul in Eagle Pass, Texas."
The legal case against the officer, who previously had been cleared of wrongdoing in two separate investigations, was "solely motivated by politics and is yet another example of prosecutorial abuse and misconduct while protecting Mexico's narco-terror influences," organizers of the website said.
The prosecution was conducted after the juvenile suspect, who reportedly was caught with some 75 pounds of drugs he had smuggled into the U.S., was given immunity by the U.S. government.
The sentence was announced by U.S. District Judge Alia Moses Ludlum in San Antonio.
Border watchers will remember the extended battle fought by Border Agents Iganica Ramos and Jose Compean after they were prosecuted, convicted and jailed, again at the request the Mexican government, for shooting at and striking another drug smuggler who reportedly dropped a load in the U.S. and was fleeing back to Mexico.
Their punishments ultimately were commuted by President George W. Bush, although they did not receive pardons, leaving their convictions on their records.
Officials with the Law Enforcement Officers Advocates Council said the prison term for Diaz was for "deprivation of rights under the color of law in allegedly lifting the arms of an illegal alien drug smuggler."
"We have reviewed the paperwork … as well as the official court transcripts. … The government's case is based on false testimony that is contradicted by the facts. This includes the charge that Agent Diaz was physically abusive to the then minor 'MBE' as noted by court documents and transcripts in that Diaz allegedly put his knee on his back and pulled back on his handcuffs," said a statement prepared by Andy Ramirez, president of the LEOAC.
Other witnesses who claimed to have seen any misbehavior also could not, as it was 2 a.m. and dark at the time of the incident on Oct. 16, 2008, the organization said.
"The agent who stood next to Mr. Diaz, Marco Ramos testified that he did not see anything that was claimed to have taken place," noted Ramirez.
Those who testified against Diaz not only didn't raise any objection at the time, they "went off-duty to a local 'Whataburger' restaurant, got their stories straight and reported it hours later to an off-duty supervisor at his house.
"The doper claimed he suffered no injuries during his testimony during the trial. He was sore from his shoulders. However, that was due to the weight of the drug load, approximately 75 pounds that he carried across the border. There were two dopers apprehended during the incident and 150 pounds total drugs seized," the agent's support team said.
The then-minor lied to the field agents, the Border Patrol station, the government and the consulate, as well as the grand jury.
He "then admitted to his lies … after being granted immunity," Ramirez said.
Diaz' wife, in a statement released through LEOAC, said, "This is a bogus case to begin with as the facts clearly showed."
"We will continue to lead this fight and stand by Chito, Diana, and their children until his name is cleared," said Ramirez. "Having worked on as many cases as we have, this one is without question, the most atrocious yet. It is clear that our government gave Mexico City the scalp of yet another agent."
He noted Diaz previously was cleared by the Office of Inspector General and the Office of Professional Responsibility.
"How this became a criminal case demands intense scrutiny and oversight. It should have been prosecuted against the dopers," he said. "Our government is far more concerned with the so-called rights of criminal illegal alien dopers than our agents who continued to be prosecuted for doing their job.
"Congress needs to investigate this case and the pattern of misconduct and abuse that has resulted in an innocent agent going to prison yet again," he said.
He said he'd been in touch with several members of Congress already regarding this issue, and said the unvarying response has been, "Again?"
Ramirez said the courts have proven unreliable for delivering justice in such cases, and he'll be working to present evidence to Congress and others.
Ramos and Compean were convicted of various charges that stemmed from firing their service weapons at a fleeing drug smuggler, and they were given prison terms of more than a decade.
While Bush commuted the prison sentences – releasing them for time served – a pardon was not granted, leaving the felony convictions on their records.
The original case stemmed from the Feb. 17, 2005, shooting of Oswaldo Aldrete-Davila. The two officers said they thought Aldrete-Davila was armed and made a threatening move.
WND was among the first to report Aldrete-Davila then committed a second drug offense, smuggling a second load of 750 pounds of marijuana across the border while he was under immunity by federal prosecutor Johnny Sutton's office and in possession of a border-pass card authorized by the Department of Homeland Security.
WND also reported when Aldrete-Davila admitted to federal drug smuggling charges, was convicted and sentenced to federal prison for a 57 months.
In a commentary on WND, former Congressman Tom Tancredo explained how Diaz "mistreated" the suspect.
"The man was handcuffed, and allegedly, Diaz lifted his handcuffs to force him to the ground because he was not cooperative" he wrote. "These two Border Patrol prosecutions have more in common than the eternal vigilance of Johnny Sutton. In these cases and many others, the U.S. attorney's office was responding to protests from the Mexican government that its citizens were being mistreated by Border Patrol agents.
"Why do we see this acute sensitivity to the wishes and interests of the corrupt government of Mexico in matters of U.S. criminal law and U.S. border security? This is almost laughable, but to the 20,400 officers of the Border Patrol, it is more than a nuisance. It is a threat held over their heads daily," Tancredo said.
Aldrete-Davila was granted immunity for his drug smuggling by federal prosecutors in exchange for his testimony against the agents. He had crossed the Rio Grande and picked up a marijuana-loaded vehicle near El Paso. After a car chase in which he fled from the officers, he abandoned the vehicle and ran back across the border on foot. He was shot in the buttocks as he ran.
Joseph Farah, editor of WND, launched a petition and letter-writing campaign in the latter days of the Bush administration, seeking support for the agents.
The petition collected more than 40,000 signatures by the time President Bush commuted the agents' sentences. The letter campaign produced more than 3,000 FedEx letters to the White House.
WND sent copies of some of the news stories and commentaries to the agents in prison. When Compean learned about the petition and FedEx campaign, he sent a letter to WND from the Federal Correctional Institution in Lisbon, Ohio.
"Although our case received attention before we reported to prison, I truly believed people would forget all about us," Compean wrote at the time. "Once we reported to prison, I was very happy to see how wrong I was. I have received thousands of letters from people all over the country. I have also received letters from other countries such as Italy and even a few from soldiers fighting in Iraq and Afghanistan."
Joe Loya, Ramos' father-in-law, also said at the time he was thankful for the in-depth coverage.
"We can only thank Joseph Farah, Jerome Corsi and the staff at WorldNetDaily because from the beginning you have been with us and you never gave up on the case," he said at the time of the commutation. "Your reporting had a lot to do with the decision ... by President Bush to commute the sentences."
Cartel Hit List Targets Americans, Police Say
CNSNews.com June 20, 2008
El Paso (AP) - More than a dozen people living in New Mexico and Texas are named in what appears to be a hit list from a Mexican drug cartel, law enforcement officials said.
At least one police officer from southern New Mexico is among the 15 to 20 people named in the threat, said Arturo Baeza, a sheriff's captain in that state's Luna County.
The list, thought to be a threat from one of Mexico's powerful and warring drug cartels, was provided June 12 to local authorities by U.S. Immigration and Customs Enforcement officials, Baeza said.
Drug cartels are waging a bloody fight for control in Ciudad Juarez, a sprawling city across the Rio Grande from El Paso, and Palomas, a village across the border from Columbus, N.M. More than a dozen police officers were among more than 400 people killed in Ciudad Juarez this year.
Hit lists naming Mexican police officers have become somewhat common in the cartel fight.
"We have been concerned for quite some time that this thing will spill over here," Baeza said.
The list included threats against people living in southern New Mexico and Albuquerque, as well as current and former residents of El Paso, Baeza said. His office has been told federal officials were contacting the people on the list, he said, but he would not identify any of them.
Luna County Sheriff Raymond Cobos also confirmed the existence of the list in an interview with the Las Cruces Sun-News.
Leticia Zamarripa, an ICE spokeswoman in El Paso, said she could not comment on Baeza's report of the hit list.
Officer Chris Mears, an El Paso Police Department spokesman, said his agency had "no credible information suggesting that violence in Ciudad Juarez will spread into El Paso."
Feds admit smuggler lied in Ramos-Compean case
Appeals panel suggests prosecutorial 'overreach' in pursuit of border agents
December 3, 2007 By Jerome R. Corsi © 2007 WorldNetDaily.com
Ignacio Ramos and Jose Compean
The U.S. government admitted today in federal court that the prosecution's star witness in the criminal trial of Border Patrol agents Ignacio Ramos and Jose Compean – confessed drug dealer Osvaldo Aldrete-Davila – lied under oath.
"He told some lies on the stand," Mark Stelmach, the assistant U.S. attorney representing prosecutor U.S. Attorney Johnny Sutton said under questioning by a three-judge 5th Circuit U.S. Court of Appeals panel in New Orleans.
Ramos and Compean are appealing prison sentences of 11- and 12-years respectively for a 2005 incident in which they fired on Aldrete-Davila as he fled back into Mexico after smuggling 750 pounds of marijuana into the U.S. near Fabens, Texas.
"Today the justice system worked the way it is supposed to," Tara Setmayer, communications director for Rep. Dana Rohrabacher, R-Calif., told WND immediately following the hearing.
Setmeyer, who attended the hearing, said, "I feel cautiously optimistic the judges will make a ruling quickly."
"Based on the nature of the questions from the judges, it seems as though the government made their own bed and now they have to lie in it," she said.
According to Setmayer, Judge Patrick Errol Higginbotham questioned Stelmach closely about why the prosecution had sought to seal from the jury information about a second smuggling attempt by Aldrete-Davila after Sutton's office gave him immunity and a border pass.
Higginbotham rebuked Stelmach's suggestion that Aldrete-Davila's drug history prior to the Feb. 17, 2005, incident with the border agents was not relevant to the trial. The judge argued the second load was relevant because it showed Aldrete-Davila had a brazen disregard for the law, a key factor in evaluating his testimony for the prosecution.
"It defies common sense in the street world," Higginbotham told Stelmach, "to believe Aldrete-Davila was a poor mule, as he represented at trial, instead of an actual player in the world of the drug cartels."
As WND reported, the defense lawyers in the appellate briefs filed for Ramos and Compean had argued that the likelihood Aldrete-Davila was carrying a firearm was greatly increased if he was a major player for the drug cartels.
Aldrete-Davila was the only witness who testified at trial that he was unarmed. Since he was not apprehended and frisked on the scene, it was his word at trial against the word of Ramos and Compean. The border agents both testified they saw Aldrete-Davila pointing a shiny object they believed was a gun as he ran away.
"Before the hearing today we were skeptical because we know the government is good at lying," Joe Loya, father-in-law of Ramos, told WND in a telephone interview.
"Now we are optimistic justice will prevail," he said. "The government had to admit today the prosecutors let Aldrete-Davila commit perjury at trial."
The judges today questioned the government closely about the appropriateness of prosecuting Ramos and Compean under 18 U.S.C. Section 924(c), a law passed to require an additional 10-year minimum prison sentence, if felons in the act of committing crimes such as rape or burglary carry a weapon.
WND has reported the Ramos and Compean appellant briefs argued the law was never meant to be applied to law enforcement officers in the pursuit of their duties. Judge E. Grady Jolly commented the "government overreached" in applying 18 U.S.C. Section 924(c) to Ramos and Compean.
Sutton was present today in the 5th Circuit Court of Appeals courtroom in New Orleans, but he did not speak or answer questions from the three-judge panel. In a press statement issued by his office, Sutton claimed the Ramos-Compean case "has always been about the rule of law." "Some in the media and on the Internet have tried to portray agents Compean and Ramos as heroes, but that narrative is false," Sutton said. "The actions of Compean and Ramos in shooting an unarmed, fleeing suspect, destroying evidence and engaging in a cover-up are serious charges." Ramos and Compean were prosecuted "to uphold the rule of law," Sutton claimed.
"A jury rejected their factual claims of innocence after a two week trial," he continued. "The case is now before the Court of Appeals for the Fifth Circuit, which will resolve the disputed legal issues in accordance with the rule of law. I look forward to the decision of the Court of Appeals."
The third member of the three-judge panel was Judge Edward Charles Prado. The three-judge panel is expected to issue a ruling within four to six weeks.
Another win for border agent who struck illegal
Reinstated with back pay after sentence 'took away' 7 years of David Sipe's life
December 4, 2007 By Jerome R. Corsi © 2007 WorldNetDaily.com
Border Patrol Agent David Sipe scored another victory in his effort to prevent the U.S. Border Patrol from blocking his reinstatement with back pay to 2001. A top-level panel of three U.S. Merit Systems Protection Board administrative law judges, including Chairman Neil A. G. McPhie, rejected a government petition Friday to review the panel's June decision in favor of Sipe.
As WND reported in June, Anna Love, an administrative judge with the Dallas Region of the Merit Systems Protection Board, ordered Sipe reinstated to his former Border Patrol position, with full back salary paid to April 21, 2001, the date the Border Patrol removed Sipe from his position and suspended his pay. The decision Friday gave the Border Patrol 60 days to pay Sipe his back pay, interest, and benefits due.
Sipe was convicted in 2001 of criminal felony charges for striking illegal alien coyote Jose Guevara on the back of his head after Guevara struggled and resisted arrest. Jack Lamar Wolfe, Sipe's attorney in McAllen, Texas, told WND, "Sipe had seven years of his life taken away from him. He went bankrupt, lost his wife and his home, and has been a convicted felon for a long period of that time." "Sipe is a patriot, Wolfe explained to WND. "David wants back his job as a Border Patrol agent."
Wolfe noted Sipe became an Army Ranger after graduating high school. He then got an associate's degree before being hired by the Border Patrol. "David believes the Border Patrol does important work," Wolfe said "and he wants to return to his work with the Border Patrol as soon as possible. "David has always served his country," Wolfe told WND, "and he wants to continue to serve his country."
Sipe was prosecuted for abusing the civil rights of a human smuggler, or coyote, in an incident in which the government defended the coyote's civil rights. In April 2003, the federal district court agreed with Sipe's appeal and granted him a new trial based on assertions that federal prosecutors made misrepresentations and failed to disclose exculpatory evidence.
As in the case of Border Patrol agents Ignacio Ramos and Jose Compean, the coyote in Sipe's case was caught in an additional incident of smuggling illegal aliens across the border before the trial began. Still, the government put Guevara on the stand and allowed him to testify against Sipe, while successfully petitioning the judge to withhold from the jury evidence of Guevara's subsequent offenses. In October 2005, a Fifth Circuit Court of Appeals judge overruled the government's appeal and affirmed the trial judge's decision to grant the new trial.
On Jan. 26 this year, at his retrial, Sipe was acquitted after a jury reached a verdict in less than one hour. At the new trial, Wolfe was allowed to tell the jury the witness' criminal background. He was also permitted to introduce a co-worker's testimony favorable to Sipe.
Wolfe also presented the jury at the retrial with photographs of the coyote re-enacting for prosecutors the arrest incident in which Guevara claimed Sipe had hit him with unnecessary force. Another difference was that Wolfe was allowed at the retrial to present evidence about the benefits and reimbursements the prosecutors had extended to Guevara and the other illegal alien witnesses who gave testimony at Sipe's first trial. In Sipe's case, the government made a "sweetheart" deal with Guevara, giving him travel expenses, witness fees, free telephone use and a border crossing permit. Guevara also received a Social Security card and a driver's license, all in return for his testimony against Sipe.
As reported by television and radio talk show host Glen Beck, Guevara ended up with an $80,000 government settlement and he reportedly used the proceeds to buy a ranch in Mexico.
The Border Patrol has 60 days to appeal the Nov. 30 order of the Merit Systems Protection Board to the U.S. Court of Appeals.
Texas deputy freed from prison
Says Mexican consulate, prosecutor set him up
October 16, 2007 By Jerome R. Corsi © 2007 WorldNetDaily.com
Former Deputy Sheriff Gilmer Hernandez was released yesterday from a halfway house, finishing the prison term to which he was sentenced for the shooting incident, in which two fleeing Mexican illegal aliens were wounded. He was in federal prison from Dec. 1, 2006, to Sept. 13, 2007, about 10 and a half months.
While he's happy to be home, Hernandez feels he suffered an injustice at the hands of the U.S. government, which acted at the direction of the Mexican government.
"The prosecution was not right," he told WND. "The prosecution used their tactics, which was a bunch of lies, let's put it that way, I would never have been prosecuted if the Mexican consulate had not demanded it."
As WND reported earlier, Rocksprings Sheriff Don Letsinger said investigators had no plans to bring charges against Hernandez until the Mexican government intervened and demanded the prosecution.
"Deputy Hernandez had a right to stop that vehicle," Letsinger told WND. "Can you look at what happened and say that Deputy Hernandez intentionally wanted to injure someone in that vehicle? You cannot. Deputy Hernandez did not want to injure anyone that day. He fired at the tires to stop the vehicle and he was justified in doing so."
WND also reported the incident was investigated by the Texas Rangers who also did not recommend Hernandez be prosecuted.
"I was doing my job out there," Hernandez told WND yesterday. "It was a split-second decision and I feared for my life. I discharged my weapon at the tires to stop the van, not to injure anybody. I was trying to save myself and others. The vehicle was trying to run over me and I was concerned innocent people were going to get hurt."
He served more than seven months, from Dec. 1, 2006, to June 7, 2007, in solitary confinement.
"The visits of my wife and hearing her on the phone sustained me while I was in total lock-down," Hernandez told WND in an exclusive telephone interview. "The letters I got from home and my faith pulled me through the hardest times."
He's re-united with his wife and 14-month-old daughter in Rocksprings, Texas, now.
"I feel good and my family feels good," he told WND. "It feels great to be back home, with my wife and my daughter."
Hernandez was sentenced to one year plus one day in federal prison, even though federal prosecutors had recommended a much more severe seven-year prison term for Hernandez.
Jimmy Parks, defense counsel for Hernandez, told WND in a telephone interview yesterday that Hernandez chose not to appeal his conviction largely because of the light sentence.
"Gilmer loves his family," Parks told WND. "He wanted to get back to his family quickly, so he could put this incident behind him."
Parks explained that Hernandez might still be waiting the decision of the appellate court.
"Even if he got a new trial," Parks explained to WND, "there was no certainty he would be found innocent. If convicted he might have been given a much more severe sentence. He did not want to take the risk."
Unless he is pardoned, Hernandez will face the rest of his life as a convicted felon.
"Gilmer is a hard-working young man who loves his family," Parks said. "He is doing his best not to feel embittered, betrayed by the government."
Hernandez told WND that he has a job to begin working with the telephone company at the end of this month.
"The support of people of this town and the thousands of people I never met throughout the United States has brought us through this experience," he said.
"We did not have to lose our home or vehicle," he told WND. "Contributions from friends in Rocksprings and supporters nationwide supported my family while I was in prison."
He told WND that the prison authorities had treated him respectfully, especially once he was released from solitary confinement.
In the last months of his prison term, he was provided books, newspapers, magazines and support letters written to him from the public.
Hernandez told WND he would not rule out returning to law enforcement, if provided the opportunity.
"I know I've answered the question that I would never return to law enforcement," he said, "but the truth is that if I were given a second chance to be back to law enforcement, I would do it."
As WND reported, Hernandez was prosecuted for injuring two Mexican illegal aliens in a van. Hernandez fired at the van's tires as the illegals escaped from a routine traffic stop, attempting to run over the officer.
As WND also reported, El Paso U.S. Attorney Johnny Sutton decided to prosecute Hernandez only after the Mexican consulate in Eagle Pass, Texas, wrote a series of letters to U.S. law enforcement officers and political officials demanding Hernandez be prosecuted for injuring two Mexican nationals who were in the van – being brought into the United States illegally by coyotes.
Sutton was also the prosecutor in the high-profile case of Border Patrol Agents Ignacio Ramos and Jose Compean, who are serving 11- and 12-year sentences for their roll in the shooting of Osvaldo Aldrete-Davila, an illegal Mexican alien who had transported 750 pounds of marijuana across the Texas border in a van.
WND also reported the two illegal aliens injured in the incident, Maricela Rodriquez-Garcia and Candio Garcia-Perez, won a $100,000 settlement in a lawsuit against Hernandez and Letsinger.
Rep. Ted Poe, R-Texas, agrees with Letsinger that Hernandez was victimized.
WND reported Poe's comment that the Mexican government was "the driving force in the Hernandez case."
"The Mexican government wanted a Texas deputy sheriff prosecuted and they got their way," Poe told WND.
Hernandez's website can be viewed at FreeGilmer.com.
The U.S. Border Watch, which has monitored the Hernandez case, is planning a welcome home event in Rocksprings Oct. 20.
Smuggled aliens to sue Texas deputy
By Jerry Seper The Washington Times Published April 2, 2007
Two illegal aliens plan a multimillion-dollar civil rights lawsuit against a Texas deputy who was sentenced to prison over an April 2005 incident in which the lawman shot at an alien-smuggling vehicle that he said had just tried to run him down.
Edwards County Deputy Sheriff Guillermo F. Hernandez, along with his boss, Sheriff Donald G. Letsinger, have been targeted in a pending lawsuit by Maricela Rodriguez-Garcia and Candido Garcia-Perez, two Mexicans who were being smuggled into the U.S. when they were injured by fragments of the lawman's bullets.
Mrs. Rodriguez-Garcia, struck by bullet fragments in the cheek and mouth, and Mr. Garcia-Perez, injured when fragments hit him in the arm, will seek damages from the two lawmen when the lawsuit is filed in U.S. District Court in Del Rio, Texas.
Court records show Mrs. Rodriguez-Garcia and Mr. Garcia-Perez told investigators that they paid $2,000 each to be taken across the Rio Grande from Acuna, Mexico. They said they later met the vehicle's driver and a guide, who were to take them to Austin and Dallas.
Both Mexican nationals are thought to be in the U.S. and have filed notice that they intend to sue. A legally required mediation hearing, where disputing parties meet with a neutral third party to try to resolve a dispute without going to court, is scheduled for today in Austin.
James D. Doyle III, an Austin-based attorney who represents the two Mexicans, did not return calls to his office for comment. But law-enforcement officials and others familiar with the case said the lawsuit will accuse the deputy of using excessive force that caused serious injury to Mrs. Rodriguez-Garcia, and that in firing at the vehicle, Hernandez abused his authority and grossly overreacted under the circumstances.
According to the sources, the lawsuit will accuse the deputy and the sheriff of violating the civil rights of the two illegals, will seek reimbursement for medical expenses and punitive damages for pain, suffering and mental anguish. It also will target Edwards County, the sources said, saying the sheriff's department's deadly force policy was unconstitutional and allowed Hernandez to overreact with excessive force.
Hernandez was sentenced on March 19 by U.S. District Judge Robert T. Dawson in federal court in Del Rio to one year and one day in prison and ordered to pay $5,347 in damages to Mrs. Rodriguez-Garcia. The judge also ordered the deputy to serve three years supervised probation and to pay an additional $5,000 fine.
He was convicted on charges of violating "under the color of law" the civil rights of Mrs. Rodriguez-Garcia, who was struck by fragments from one of four bullets the deputy fired at the vehicle after it fled following an April 2005 traffic stop in Rocksprings, Texas.
Hernandez told investigators the driver of the vehicle tried to run him down after he stopped him shortly before midnight for running a red light. He said as he approached the vehicle on foot, he spotted at least eight persons lying down inside it. He said he fired shots at its rear tires as it sped off after trying to run him down.
Sheriff Letsinger said an initial investigation into the shooting by the Texas Rangers found that Hernandez "followed the letter of the law" in defending himself, but said the matter later was turned over to the FBI and to U.S. Attorney Johnny Sutton, who last year also won convictions against two U.S. Border Patrol agents who shot a drug-smuggling suspect as he fled back into Mexico.
Mr. Sutton has dismissed claims by Sheriff Letsinger and several Texas congressmen that the deputy was unfairly charged and prosecuted, saying a jury heard the evidence and unanimously found Hernandez guilty of using unreasonable and unlawful deadly force. He said Hernandez repeatedly fired into the back of a fleeing vehicle he knew was loaded with people and was not a threat to him.
"In America, we admire our law-enforcement officers for their courage and dedication," he said. "However, police officers are not above the law they enforce."
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