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Fifty years ago, not far from a shady picnic spot filled with old friends, there was a quarry with a company town and a whole bunch of young boys without much to do in the summertime.
The boys would grow up, and so would San Antonio.
The quarry, where so many of their fathers and grandfathers worked, would close and move north. The city would fill in much of what used to be a largely Hispanic working-class community known as Cementville. Where it once stood, there would be parking lots, wider roads, a golf course, the Lincoln Heights neighborhood and upscale shopping centers, including Alamo Quarry Market, whose iconic smokestacks are a reminder of the property’s industrial past as the old Alamo Cement Co. quarry.
In summer of 1967, there was the Alamo Heights Youth Development Program, loftily named and geared toward boys from age 7 to 15 who lived in the Cementville and Parkridge areas of the wealthy Alamo Heights school district. Not all the boys had fathers who worked at the quarry, but many did.
The youth program was formed by two best friends and former Alamo Heights football captains, Tony Arevalo and Mac Sykes, who brainstormed the idea when they were college freshmen. The pitch they made to the community was that getting kids involved in sports would keep them in school instead of dropping out. “We were so green,” Sykes said.
On Saturday, Arevalo, Sykes, other organizers and many of the kids who attended the program gathered at Olmos Basin Park to remember the days when they spent the summers playing baseball and exploring the city.
It was a time before formal summer programs were available, so dozens of kids from Cementville and Parkridge participated. Anywhere from 25 to 50 participated at different times. The program ran until 1973, when the school district started running a districtwide summer program.
They played baseball wherever they could find a field, often at a dusty one on Sunset Road lent to them by Alamo Cement. They piled into cars to go do everything from bowling to touring Trinity University, the courthouse, libraries and the jail. They camped along the Guadalupe River. The local Kiwanis Club sent them to a summer camp near Mason. In the afternoons, they watched sports filmstrips.
“I can’t say enough about all the support the community gave us,” said Arevalo, who went on to have a 42-year career as a coach and principal. He and Sykes were 19 when they started the program.
That program got off to a shaky start, though. A newspaper article that ran in the first days of the program touted it as one for “underprivileged” children.
That day, no one showed up.
Arevalo told Sykes, “I think I know what happened.”
They went door to door apologizing to everyone’s mother.
“We said we were sorry. We said ‘yes ma’am’ about 4,000 times that day,” Sykes said. “It was a real life lesson.”
The boys came back the next day.
“They started the program because of us knuckleheads,” said Danny Moreno. He was about 10 when he joined the summer program. The lessons stuck, but it took a while.
At 18, Moreno dropped out of Alamo Heights High School. The vice principal tried hard to talk him out of it, but Moreno did it anyway and joined the military, hoping to get sent to Vietnam.
The war was winding down, though, and Moreno never went to Vietnam. He did go on to receive his GED, bachelor’s degree and master’s degree while serving in the Army for 20 years. After that, he went into education and has worked since at Title I schools, which have a high percentage of children living in poverty.
“It all ties into this,” Moreno said.
Charlie Jimenez noted that Saturday’s picnic was held in a place where they used to play as kids, near a spot where they would jump in the creek to cool off. “It brings back a lot of flashbacks,” Jimenez said.
Jimenez grew up in Cementville. “I like to tell my kids it was the first gated neighborhood. All the mothers knew each other. All the kids knew each other. There was a community pool.”
Now Jimenez plays golf at The Quarry Golf Course and stops to look at the old photos of the quarry that hang on the walls.
The Alamo Cement plant was built in 1908 on 500 acres outside San Antonio’s original city limits, and its location was so remote that employees had to live on-site. At its peak, Cementville was home to about 90 cottages for employees and their families, according to newspaper archives. In some cases, three or four generations of families lived and worked in the close-knit village.
The cement plant moved out of Cementville in the early 1980s, relocating to Loop 1604 and Green Mountain Road. Worker cottages were razed for development, but some of the factory buildings were left behind and redeveloped as restaurants and shops. The historic smokestacks were restored in 1998.
Many of the childhood homes of the kids who attended the youth program were on Parkridge Drive, which is now full of car rental parking lots to serve San Antonio International Airport.
Last year, there was an outcry when 13 townhomes were approved to be built on a ledge overlooking the former quarry just east of the Alamo Quarry Market. Many protested that it would chip away at the 80-year heritage of Cementville and argued that working-class communities that built the city have not received the kind of preservation attention they deserve.
On Saturday, the sun filtered through the tall oaks at the picnic spot. Smoke from the barbecue pits drifted across long cement picnic tables covered in food. U.S. 281, whose construction had long ago erased one of their ball fields, provided soft background noise.
There were back slaps and handshakes and the exchange of information about what everyone had been doing the past 50 years — children, grandchildren, military service, retirements, news about who had been ill or died too young.
Toward the end of the gathering, Juan Leija arrived despite being in poor health. They all had been waiting for him.
Leija had been too old to officially participate in the summer program, so he helped run it instead at age 17. He was presented a plaque for being a “willing participant, great umpire, excellent assistant coach, true friend and wonderful person.”
Bill Schneider, who helped run the summer program from 1969 to 1970, said that over the decades, Leija is the friend he has stayed in touch with the most. The two have talked every month or two for decades. “Juan is the only one I’ve kept up with all these years,” Schneider said, before handing the plaque off because he couldn’t continue. Leija covered his eyes.
Everyone clapped and acted like they didn’t have tears in their eyes, and it was time for a group photo.
firstname.lastname@example.org | @Jennifer_Hiller


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Congratulations to the Boys Under 17 Basketball team for winning the Canterbury 2014 U17 Division today with a victory over St. Andrew High School, 71 - 67. The team played inspired basketball, with this come from behind victory. Special mention goes to Tane October for winning finals MVP on ...Read the rest of this topic
If you were to join the circus, what act would you be in?
Go along to the quad to add your answers to today's thought.

domain: sports


text:
Blood Pressure: Health App 1.0.0 APK
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Here we provide Blood Pressure: Health App 1.0.0 APK file for Android 4.0+ and above. Blood Pressure: Health App app is listed in the Health & Fitness category of the app store. This is the latest and greatest version of Blood Pressure: Health App (com.bloodpressureapp.bloodpressureapppro.healthmonitor). It's easy to download and install to your mobile phone. Download the app using your favorite browser and click install to install it, don't forget to allow installation of apps from unknown sources. We provide direct download links with high download speed. Please note that we only share the original, free and pure apk installer for YouTube APK 17.33.42 without any modification.
All apps and games here are for home or personal use only. If any apk download violates your copyright please contact us. Blood Pressure: Health App is the property and trademark of the developer Lisak Studio. You can visit Lisak Studio website to know more about the company/developer who developed this app.
All versions of this app apk are available with us: . You can also download Blood Pressure: Health App apk and run it using popular android emulators.
"Blood Pressure: Health App is a tool that could help you maintain a healthy heart by analyzing and visualizing your add-in blood pressure and heart-rate data.
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Please NOTE that our app is NOT a blood-pressure measuring tool and the heart-beat measuring cannot be exact as specific medical device.

domain: medical


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Senate Blocks 20-Week Abortion Ban Bill, But Republican Political Theater Continues ApacePolitics
The Senate has voted down a bill that would have banned abortion after 20 weeks. This is good news. It’s also part of an elaborate build-up of infuriating political theater that will result in Congressional Republicans throwing a tantrum next week and shutting the government down over abortion.
The Senate voted 54-42 for the bill, dubbed the “Pain Capable Unborn Child Protection Act,” which was based on the scientifically shaky idea that 20-week old fetuses feel pain; it would have needed 60 votes to pass. Three anti-abortion Democrats joined Republicans in voting for the measure: Robert Casey, Jr. of Pennsylvania, Joe Donnelly of Indiana, and Joe Manchin of West Virginia. The bill would have made allowances for rape, incest, and if the pregnant person’s life was at risk, but it still most likely would have been challenged in court and struck down, as has been the case with a number of state-level 20-week bans. (The House eventually passed a 20-week abortion ban bill in May; you may recall they suffered a little setback when female Republican Congress members flatly refused to get on board with the original version.)
Despite its failure, anti-abortion politicians still saw getting the bill to a vote in the Senate as a huge step. As Politico points out, Senator Lindsey Graham had been trying to get the bill to a floor vote for some time, introducing a 20 week-ban bill earlier this year just weeks after a federal appeals court ruled that 20-week abortion bans are unconstitutional. Today, Graham held a victory lap press conference on its failure, accompanied by Marjorie Dannenfelser, the president of the anti-abortion Susan B. Anthony List.
“We applaud today’s vote by the U.S. Senate opposing a ban on abortions after 20 weeks. This bill would have represented a clear blow to women’s access to needed reproductive services and was an example of gross legislative interference. Leading medical groups agree that a 20-week ban on abortion, if passed, would interfere with the patient-physician relationship at a time when women are in need of quality, compassionate care. These medical decisions should be made solely by women in consultation with those she trusts the most, including her gynecologist – not politicians.
The latest fight over a 20-week ban comes just after House Republicans voted to take federal funding away from Planned Parenthood. Senate Republicans have refused to follow suit, with Senate Majority Leader Mitch McConnell calling it “an exercise in futility.” He added, “We’ve already voted one time in the Senate to try to defund Planned Parenthood. We knew the President wouldn’t sign such a bill, so it will not succeed.”
But House Republicans have said they’ll refuse to sign a budget that doesn’t defund Planned Parenthood. The 20-week ban vote, Politico says, was a “largely symbolic” move to try to appease very angry ultra-conservatives and keep them from shutting down the government. Ultra-conservatives like Senator Ted Cruz, who’s making defunding Planned Parenthood a cornerstone of his presidential campaign:
Cruz has been, as MSNBC reports, circulating a letter calling on his fellow Republicans to go ahead and shut down the government. He’s faced opposition from fellow Republicans like Kelly Ayotte, who is also anti-abortion but has objections that are both reasonable and math-based:
“The American people should no longer be forced to fund the abortion industry; therefore we will oppose any government funding legislation that would authorize or provide federal funds for Planned Parenthood,” the text of [Cruz’s] letter, addressed to Sen. McConnell, reads.
But the letter has faced opposition from fellow Republicans, with Sen. Kelly Ayotte, a Republican from New Hampshire, sending a letter back to Cruz in response, pressing him on how his strategy will result in anything other than a government shutdown.
“Since we only received 53 votes on the previous vote to redirect money away from Planned Parenthood, what is your strategy to succeed in actually defunding Planned Parenthood?” Ayotte asks Cruz in her letter, “How do we get 60 votes? And if for some reason there were 60 votes, how do we get 67 votes in the Senate to overcome a presidential veto?”
Cruz has been unmoved:
Safe to say that the “appeasement” vote didn’t work, and this time next week, Cruz and his fellow diehards will be busily driving the country headlong into a brick wall.
Correction: An earlier version of this story incorrectly said the vote had been 54-42 against the bill. I regret the error.
Contact the author at [email protected].
Public PGP key
PGP fingerprint: 67B5 5767 9D6F 652E 8EFD 76F5 3CF0 DAF2 79E5 1FB6
Lindsey Graham, pictured on September 8, 2015. Photo via AP Images

domain: news


text: Just as we covered the Rio Movie theme for Windows 7, here is another awesome theme for Windows 7 available for Microsoft Japan. Cherry Blossoms theme [page in Japanese] for Windows 7 brings in some nice wallpapers to your desktop. This theme is available in personalization gallery of Windows 7 Japan page. The theme comes with 6 awesome wallpapers and definitely worth a try. You can check out few wallpapers from the theme below.

domain: design


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Washington Wizards star Bradley Beal explains why he did not receive the COVID-19 vaccine: “It does not prevent anyone from contracting COVID”
Washington Wizards star Bradley Beal made waves on NBA Twitter on Monday.
Beal revealed during the team’s media day that he had not received the COVID-19 vaccine, citing personal reasons.
“I don’t feel any pressure, I don’t think you can pressure anyone to make a decision about their body or what they put in their body,” Beal told reporters. âWe can also have this conversation on a lot of different topics besides vaccines. You can’t necessarily force anyone, I think you’re letting people fend for themselves on this. “
Beal tested positive for COVID-19 in July, which caused him to miss the Olympics and withdraw from the U.S. team roster for the Tokyo Games. He was placed under team health and safety protocols before Team USA confirmed he would be replaced by Jerami Grant of Detroit.
âYeah, I had it, but that doesn’t mean I can’t get it again,â Beal explained Monday. âI mean, it’s no different from someone with the vaccine. Yes, I have developed antibodies for it, so my chances will also be less likely. This is always a possibility, just as there are players, coaches and staff who are vaxxed who also miss the camp.
BÃ©al too noted that he “didn’t get sick at all” when he had COVID-19, but lost his sense of smell.
“I would like an explanation to people who have been vaccinated, why are they still getting COVID? Said BÃ©al. âIf this is something we’re supposed to be highly protected from, it’s funny that it only reduces your chances of going to the hospital. This does not prevent anyone from contracting COVID. “
Beal went on to say that there were no discussions about the vaccine’s side effects and how it affects players’ health. (No NBA player has been short on time because of the COVID-19 vaccine.)
Beal’s most recent teammate Kyle Kuzma followed his comments on Monday by saying “it’s personal” when asked if he’s been vaccinated.
Soon after, Kuzma tweeted, âSo when does following the HIPAA rules relate to being anti-vaccine? “
Since the delta variant became the dominant variant in the United States, vaccinated people have a five-fold lower risk of being infected with COVID-19 and a more than 10-fold reduced risk of hospitalization and death, according to the CDC.
The NBA has proposed new guidelines that outline more stringent protocols for unvaccinated players than for vaccinated players – similar to the NFL.
The NBA sent a memo to teams earlier this month saying it will follow local regulations on COVID-19 vaccinations. For example, that means unvaccinated New York and San Francisco players will not be able to play at home, which will impact the Nets and Warriors rosters.
– Aron Yohannes


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Our vintage inspired brass Balinese Brass Handles II were handcrafted and would add the perfect rustic touch to any home or cabinet.
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Dimensions: 7.75" L x 1.25"W x 2.5" H
This item has a visible screw plate
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*Price is per single unit.
Coloring may vary from piece to piece as each one is hand carved and unique in nature.

domain: artistic


Spread the cost from only per month with V12 Finance
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Specialized has brought you a brand new and improved Tarmac, faster than ever before, everywhere. Whether you're on a windy stretch or an enduring climb, a local club race or even the grand tour, the Tarmac SL6 frame has been designed to speed you up this time around. To achieve this, Specialized took to the task of investigating and then changing the aerodynamics from the SL5 to give you the SL6, now 45 seconds faster over 40 kilometres AND a whole 20% lighter! Specialized developed three different areas in order to bring you more speed; now with a D-shaped seatpost and seat tube as well as a brand new fork shape and dropped seatstays with aero tubes, the aerodynamics of the Tarmac are drastically improved. With a DT R470 Disc wheelset, you've got durable wheels for when you're out on the roads and paired with Shimano Ultegra R8070 hydraulic disc brakes you've also got smooth & sharp braking, keeping you in control on any fast descent. Specialized has also taken the time to better the geometry of the Tarmac, using help from Pro riders and Retül data points, to find the optimal power transfer balance for your riding.
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being this way has really caused me to make some bad desicions throughout my life, but some good things have come out of it too. 7 years ago
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domain: hobby


Designed with LNG and crude oil tankers in mind, the RX-517 portable HC / O2 / H2S infrared gas detector for LNG is able to detect both dual and unique combinations of gas. The crude oil tanker model is a combination type portable HC, O2, and H2S gas detector with an infrared (NDIR) type sensor, galvanic cell type sensor and electro-chemical cell type sensor. These sensors provide accurate detection of HC, O2 and H2S levels even in N2 and other inert environments.
The measuring ranges of model RX-517 portable HC / O2 / H2S infrared gas detector for LNG is 0-25% vol for O2 and 0-100.0ppm for H2S respectively. A higher range for H2S (0-1,000ppm) is available in model RX-517. A manual switch is used to change the flow to a unique path for high H2S applications to protect the other sensors. The RX-517 Portable HC / O2 / H2S infrared gas detector for LNG model has an explosion proof and intrinsically safe design so that it can be used safely in any environment.
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This new release of StrongHold has a modular structure catering for multiple input and output languages. See for more information StrongHold bricks
- The new release is certified to work with Java JDK 6.0
- Support for a complete JSF based web GUI for the converted application.
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In this StrongHold release you have the option to run your application on an Application server. Click here to find out more on this.
Next to the application server option the following changes are noteworthy:
- Most of the open source code which has been used in StrongHold has been upgraded. Some bugs were fixed, code optimized and sometimes replaced by functionality now default available in Java.
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Access to track requires a log-in. StrongHold specific bugs are only accessible to StrongHold clients


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When it comes to sparkly things we are total magpies here at LadyM Towers. From diamanté embossed cuffs to diamond drop earrings, chunky necklaces in the latest hot colours to delicate chain link bracelets. If it’s shiny, sparkly and on trend we are bound to love it.
Spring/Summer Jewellery Trends
This season there were some great jewellery trends that we saw on the catwalk that you can follow in your own style.
From tiny diamond-drop earrings at Louis Vuitton to large silver hoops earrings at Balmain. You can get the look with these Canadian Ice 9ct Gold “Wrapped in Love” Diamond Earrings (perfect for Valentines, gents take note!) or these Argent Silver and Cubic Zirconia earrings. Both are great earrings to team with an evening dress for a sophisticated, ladylike glamour look for Spring.
In the past few seasons we’ve seen throw backs to the 1960′s and 70′s and all American Housewives look (think Betty Draper) and one way to capture a bit of retro glamour is with a jewelled pin or brooch. There were aquamarine shapes of moths and butterflies on the shoulders at Giorgio Armani and we love this blue enamel dragonfly brooch available at Amazon.
We like to dream of heady summer days in the sunshine, at a bbq with cocktails in hand and little pieces of jewellery that captivate us across into those daydreams are winners in our minds. We love this fun, fruity Sonya Bennett wild strawberry silver pendant. Sonya Bennett is a British designer stocked online at Goldsmiths and her collection is just stunning.
Try not to get stung when you fall in love with wearing this Cath Kidston Bumble Bee Enamel Pendant from ASOS. Wear it casually with a low neck teeshirt and cropped chinos or a cute summer dress.
Take some inspiration this season to accessorise your look for Spring/Summer with the finer details and key jewellery pieces.


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When it comes to decorating your Easter table, adding a touch of elegance and beauty can truly elevate the ambiance of your gathering. One way to achieve this is by incorporating preserved roses into your decor. These stunning blooms offer a timeless appeal and can last for months or even years with proper care.
How to Use Preserved Roses on Your Easter Table
There are countless ways to incorporate preserved roses into your Easter table decor. You can create a stunning centerpiece using a mix of preserved roses in pastel hues, interspersed with greenery and other spring blooms. Alternatively, you can place individual preserved roses at each place setting as a beautiful and thoughtful touch for your guests.
For a more creative approach, consider using preserved rose petals to decorate your table runner or scatter them around your serving dishes for an added touch of elegance. The versatility of preserved roses allows you to experiment with different arrangements and designs to create a truly unique Easter table setting.
Are you looking to add a touch of elegance and beauty to your Easter table this year? Consider incorporating a bouquet of baby blue roses into your decor. These stunning blooms are not only long-lasting but also come in a variety of colors and styles to suit any aesthetic.
Why Choose Preserved Roses for Your Easter Table?
Unlike fresh flowers that wilt and fade within a few days, preserved roses can last for up to a year or more with proper care. This makes them the perfect choice for decorating your Easter table, as they will stay vibrant and beautiful throughout the holiday and beyond. Additionally, preserved roses are eco-friendly, as they do not require water or sunlight to maintain their appearance.
Transform your Easter table this year with the timeless beauty of preserved roses. Whether you prefer a classic and elegant look or a more modern and chic style, preserved roses are sure to elevate your decor and impress your guests. With their long-lasting beauty and versatility, preserved roses are the perfect choice for adding a touch of sophistication to your Easter celebration.


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Flight 1 cessna mustang, the best business jet for fs by far. Ontario, which offers a fishing from waters bordering woodland caribou provincial park in ontario and atikaki wilderness park in manitoba. Meets all standards for modeling, mapping textured and animations required by the flight simulator x. Each company or vendor has a customized storefront. Gmax alpha jet model created for fs9 by jp langer jp3ajp bourgeois bee geebenoit dube flyboys french air force texture sets by jerome severe. Captain sim, level d 767, aerosoft, flight1 also known as ifly, does a freeware 747. Please include both the name of the maker and the plane, as well as a link where you can snag it. Based at raf bovingdon in midlate 60s and converted to c2 standard when operated by the southern communications squadron until the station closed in 1972. Gen family of aircraft is a benchmark for regional jet efficiency in the 6.
Im hearing really good things about the a2a planes, but also curious about the carenado piper seneca. Vp967 cn 04220 was delivered to the royal air force in 1948 as a devon c1. Thanks to the excellent addon fsx flyinside, its possible to fly in virtual reality. Ive seen a bunch of pictures of the embraer phenom 100 on here lately, and it looks really nice. Flysimwares beechcraft at11 kansan b18 expansion pack. Virtualcol is proud to present the new product jetstream super 31 a detailed model based on the aircraft bae jetstream 32 super 31 developed for use with flight simulator x and full compatible with prepar3d meets all standards for modeling mapping textured and animations required by the flight simulator x. Id prefer something that looks like the hawker 50, or the falcon 50, but anything other than the ciation x.
Flight 1 for payware aircraft models, scenery, etc. This is a fsx adaptation of the wonderful fs9 d18s float cargo plane by milton shupe with two optional vc panels vfr and ifr, more or. Fk14 polaris harrier jump jet tbm850 tecnam p2006t tilt rotor. Scheme for the wonderful payware alphasim b47 stratojet in a fictional r. Military aircraft downloads for fsx fly away simulation. The level of quality and detail in their products are close to unmatched. Covering some of the big developer names including just flight, carenado, alabeo and a2a simulations you can be sure to find an aircraft addon thats right for you. This is a texture of alpha jet paf number n8 2018, for alphajet of.
Fsx pilatus pc9a nftc, canadian air force textures. Unfortunately, a simple gps included in fsx has limited capabilities and outdated navigation database. This mega pack includes over 90 repaints for the payware fa18e superbug by vertical reality simulations vrs. All addons i mentioned here work with fsx including steam edition and prepar3d. Now they have a fokker 70100 and are working on a crj700900. Discover our selection of the best freeware addons with automatic installation download center for fsx, fs2004, p3d, xplane rikoooo. Flight simulation for your pc in the aerosoft online shop.
Aircraft contents go into fs9s aircraft folder, and gauges contents go into fs9s gauges folder. Payware flysimware simulation software aircraft addons for. Ive been looking around for a nice private jet to fly in fsx. This package includes all previously released files since package release 7. This is a modification of textures and panel configuration for the payware virtualcol dash 8200. Browse the huge selection of top quality payware aircraft for microsoft flight simulator x, microsoft flight simulator 2004, prepar3d and xplane. Simshack payware addons for fsx, xplane and prepar3d. New citation mustang complete edition version 2 prepar3d v4, v3, fsx, fsx.
Complete addon of the north american ra5c vigilante, formerly payware fs2004 from alphasim which became freeware with. Surclaro fsx addons free aircraft downloads p3d fs2004 fs2002. Back with this new edition of alphajets from the aerobatic demonstration team of the french air force, this package includes the classic textures. Sep 05, 2016 how to tweak fsx and fsx steam edition for best graphics and more fps. You can find top quality flight simulation software at rock bottom prices here. Cr1 software is a company that researches flight simulation. In fs9, you install the aircraft by copying both folders into your main fs9 folder. Fsx p3d atr72 series full pack atr72 series including models with virtual cockpit turbo prop sound, gauges functional, user manual, 5 models series 200 210 210fcargo 500 y 600, ground service and 37 repaints for models and paintkit. Jan 12, 2019 im searching the web for the impressive ai traffic to replace the default ones in my game. Steam edition and prepar3d all versions including v4 file size 96 mb if you have never have the pleasure of flying a bombardier crj900 before then you really are missing out. Gmax alpha jet model created for fs9 by jp langer jp3ajp bourgeois bee geebenoit. Wilco publishing publisher of quality simulation software. We are proud of our position as the worlds largest publisher of flight simulation software for home pc users, developing and publishing the highest quality software since 1995. Ex fs2004 payware from virtuavia now released as freeware.
While each have similar features such as the products and library tabs, every store has a unique presentation of products. What are some of your favourite best freewarepayware airplanes for fsx. I dont know which ones to choose and id like any uptodate and recommended addon for fsx. Im searching the web for the impressive ai traffic to replace the default ones in my game. In short, this new standalone software places the user in a large 3d domed. Best seller fsx addons cls airbus beluga a300600r a310 fsxfs2004. German air force alphajet for fsx fly away simulation. The ultimate guide to the best fsx addons see here. Beautiful alphajete created by alphableuciel and converted to native fsx format with 34 textures. Tetiaroa atoll is located in the french polynesian islands.
Still has beautiful texturing that comptes with modern releases. Download center for fsx, fs2004, p3d, xplane rikoooo. Both of these sites are not publishers of their own aircraft, but instead list. This is a fictitious paint of a 737800f tnt cargo aircraft.
Im looking for one that looks nice like that one, but also has a good flight modelwell integrated vc. Simviation flight simulator fsx addons military aircraft. I know there are many more hundreds but these are some of my favorite. If you purchased the c17 directly from alphasim, virtavia or flight 1 when it first came out in 2010, please contact us by email for a timelimited link proof of purchase will be required although regulars will likely be recognised by their name if docs are no longer available. There is even a native fsx model that will work with sp2acceleration. Fsxp3d atr72 series full pack atr72 series including models with virtual cockpit turbo prop sound, gauges functional, user manual, 5 models series 200 210 210fcargo 500 y 600, ground service and 37 repaints for models and paintkit. Although tnt uses 737400fs, simmers licence allows us to use the default modified 737. Our teams goal is to research and build the best flying, most accurately modeled virtual aircraft in the world for flight simulator enthusiasts around the world. Discover our selection of the best freeware addons with automatic installation. The fslabs a320 is the pinnacle of simulation fidelity in addon aircraft for desktop.1030 387 979 189 773 358 1012 1136 1276 994 906 171 409 291 830 1241 263 834 366 1085 521 1507 1279 1511 953 287 699 1469 215 341 1036 901 1390 1388 1299 1328 1326


Policemen from Kyiv will be ensuring order on Transcarpathian roads
The patrol police is to appear in Transcarpathia. Ukrainian journalist and politician Mustafa Nayem will be overseeing the project as a member of the MIA board: "We start with Uzhgorod, Mukachevo and nearby roads. On Monday we will start planning and forming the team, and the next week, several crews of the Kyiv police will go to Uzhgorod for inspection and preparation of the base for local patrol. We must succeed, there are no other options. Good luck to all of us."
"We are changing the police system. On Saturday, during the visit to Uzhgorod, with the highest enthusiasm of Hennadiy Moskal, we adopted the decision: to begin the implementation of the project of New patrol police in Transcarpathia! Applications for competitive selection are accepted starting the next week. It will be a special patrol - one single conglomeration, covering Uzhgorod, Mukachevo and the road between them. We invite young people!" - the Minister of Internal Affairs Arsen Avakov reported, the ProZak informs.
Дмитро Тужанський: угорській громаді Закарпаття потрібні гарантії їхніх прав та увага української влади як до повноцінних громадян
8 December 2017 21:13


text:
NHS Shetland has confirmed a further five coronavirus cases over the past two days.
That takes the total number of cases for the current outbreak to 89.
The health board said these new cases were “mostly linked” to the cluster which started in the North Mainland.
Public health consultant Susan Laidlaw said while the outbreak appeared to be contained, some in the community may still be infectious without knowing it.
Dr Laidlaw said it was “imperative that everyone remained extremely cautious and maintained physical distancing”.
“The rollout of vaccinations is a priority and, as well as delivering the first phase to protect the most vulnerable people in Shetland, we are also working on the logistics of how it will work going forward once we have a larger supply of vaccine.”


Loopbased has launched Ableton Live Spacetrak, a psy-trance Live pack by Astral Tech.
Astral Tech presents SpaceTrak for Ableton Live, a brand-new Psy-Trance project file for users of Ableton Live 8 and above.
This modern Hightech Psy track features slammin’ beats, dynamic basslines and atmospheres, FX, vocals, melodic and psychedelic synths coming together to form the perfect mix for you to explore and remix.
This exciting new Psy track is perfect for you to edit and remix into new versions of the tune with your own ideas, or to use as a base for your own unique productions.
The pack is available for purchase for 25.50 EUR.
Loopbased has also introduced 8 new partner titles to its online catalog, including packs by Kryptic, Biome Digital, Pulsed Records, Nano Musik Loops, and more.
New at Loopbased
- Trap Drum Kit by Kryptic contains 20 Trap drum kits in WAV format, as well as a selection of complete loops with a unique and authentic Trap vibe. You’ll find 167 individual WAV hits, and all of the loops have tempos included for ease of use.
- Heavy Industrial loops and samples from producer Peter Smith combines Industrial components with heavy glitched beats and textures. Great for Rock, Industrial EDM, Glitch Hop and Cinematic Sci-Fi FXs. 120 Loops in total.
- Biohazard Leadz for Sylenth1 – Molgli is proud to deliver a fresh new soundset set, “Biohazard Leadz” for popular synth Sylenth 1. Biohazard Leadz is oozing with 128 top quality presets, specially designed for the harder sounds of EDM.
- Chilled Flute & Guitar Vol 1 is perfect if you’re looking for some authentic flute and guitar loops to add body and texture to your tracks. This pack brings you 62 melodic loops arranged into five loop groups recorded at 68 BPM.
- Epic String Melody Vol 1 from Nano Musik Loops brings you 50 massive chord sequences designed to suit any trance, hardcore, chillout, ambient or TV/ filmscore production!
- Ministry Of Pop by Pulsed Records is ready to detonate the dance floors. Featuring cutting-edge vocal club anthems, this awesome collection of Construction Kits and vocals is the ultimate tool for producers.
- Analogue Drum Computer Bundle 1 combines two excellent sample packs into one great value product. ‘Club Techno Vol.1′ & ‘Deep House & Tech Vol.1′ are both included with a total of 283 loops & one shots.
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The sample packs are now available for purchase as a download at Loopbased.
More information: Loopbased
Loopbased has introduced Psyder Mind for Ableton Live, a new sound library from Astral Tech.
Astral Tech presents Psyder Mind for Ableton Live is a brand-new Psy-Trance project file for Ableton Live.
It features futuristic and danceable Psytrance sounds and is perfect to edit and to create a new version of the song with you own ideas.
The pack is available for purchase for 25 EUR.
Loopbased has also launched a number of packs from its partners, including titles by Kryptic, Nano Musik Loops, Premier Sound Bank, Prodigy Studios, Pulsed Records, and more.
New packs at Loopbased
- America’s Most Wanted Beats Vol 3 (Kryptic) – ‘America’s Most Wanted Beats Vol 3′ by Kryptic contains five Hip Hop Construction Kits that include WAV and MIDI files to make your production process even easier.
- World Series: Balkan Bagpipe (Pulsed Records) – ‘World Series: Balkan Bagpipe’ kicks off a brand new series of products by Pulsed Records. This one of a kind sample pack features a Balkan Bagpipe with 11 masterpieces that reflect the native culture of several regions of the Balkans.
- Gumbo Superstars Trap Kits (Prodigy Studios) – ‘Gumbo Superstars Trap Kits’ brings you a dynamite Gumbo collection filled with blazing and unique Trap and EDM sounds.
- Balearic Trance Vol 4 (Nano Musik Loops) – ‘Balearic Trance Vol 4′ from Nano Music Loops brings you the best Trance and Dance Construction Kits in WAV, REX2 and MIDI file formats.
- Apocalyptik Vol 2 (Kryptic) – ‘Apocalyptik Vol 2′ by Kryptic contains five Hip Hop Construction Kits that include WAV and MIDI files with banging drums, strings, keys, brass, choir, French horns and more, this pack is especially dark and powerful.
- Chilled Guitars Vol 3 (Vanilla Groove Studios) – Following on from our hugely popular Chilled Guitars Volumes 1 and 2 comes the third volume in the series. “Chilled Guitars Vol 3″ features 69 smooth and somber loops ranging from 80 to 140 BPM and arranged in 4 Construction kits.
- Premier Trap Sylenth Presets (Premier Sound Bank) – Our first round of Sylenth Presets here at Premier Sound Bank comes in the form of 90 meticulously crafted Trap presets.
- Cemetery Gate Vol 3 (Kryptic) – ‘Cemetery Gate Vol 3′ by Kryptic contains six Hip Hop Construction Kits that include WAV and MIDI files to make your production even easier.
- Floating Trance Vol 5 (Nano Musik Loops) – ‘Floating Trance Vol 5′ from Nano Musik Loops features five of the best Trance Construction Kits, including MIDI files.
- Female Urban Hooks Vol 1 (Vocals and Samples) – You’ll find 26 individual vocal stems by talented singer and songwriter, Chelsea Davis. Chelsea’s vocal runs, melodies, and the warm tone to her voice will bring you endless song ideas for your next radio hit.
- Dark Project Vol 2 (Kryptic) – ‘Dark Project Vol 2′ contains five Hip Hop Construction Kits with banging drums, strings, keys, tubular bells, choirs, church organ, French horns, synths, and more, this pack includes all the elements you need to create your own track.
- House Club Vol 6 (Nano Musik Loops) – ‘House Club Vol 6′ from Nano Musik Loops features five of the most current-sounding House and Dance Construction Kits, including MIDI files.
- Futuristic Drums Vol 1 (Vocals and Samples) – ‘Futuristic Drums Vol 1′ is packed full of amazing snares, claps, kicks, percussion samples and sound effects all designed to work with just about any modern music genre.
- Magna Soundz (Prodigy Studios) – ‘Magna Soundz’ brings you five incredible Construction Kits heavily influenced by Rap and Hip Hop sensation Jay Z. This pack perfectly capture the vibe of his 12th studio album, Magna Carter.
- Producer Tool: Electro Dance Bassline Bundle (Nano Musik Loops) – ‘Producer Tool: Electro Dance Bassline Bundle’ from Nano Musik Loops features 160 of the most current-sounding Electro & Dance Bassline Riffs, including 160 MIDI files.
- Hell On Earth Part II (Kryptic) – ‘Hell On Earth Part II’ from Kryptic contains five Hip Hop Construction Kits that include WAV and MIDI and will give you that real Old School/East Coast sound as this pack is inspired by Mobb Deep’s music.
- R&B Smooth Vinyl (Dx Entertainment) – ‘R&B Smooth Vinyl’ is a new Construction Kit set that will help you take your creativity to the next level. This pack features five smooth Construction Kits with some nice 808 sounds to compliment the multi-track WAV loops.
- Trance & Dance Vol 12 (Nano Musik Loops) – ‘Trance & Dance Vol 12′ from Nano Musik Loops features six of the most current-sounding Trance Construction Kits, including MIDI Files.
The packs are now available for purchase from Loopbased.
More information: Loopbased


text:
holding that the 1997 rule's exclusion based on firearms possession was a reasonable exercise of discretion granted by the statuteSummary of this case from Peck v. Thomas
Nos. 98-36190, 99-35035, 98-36191, 99-35041, 98-36223, 98-36224, 98-36273, 98-36274, 98-36277, 98-36279, 99-35040, 99-35080, 99-35063, 99-35090, 99-35081, 99-35082, 99-35174, 99-35175, 99-35176, 99-35177, 99-36280, 99-36281, 99-35157, 99-35232, 99-35598, 99-35627, 99-35629, 99-35631, 99-35636, 99-35637, 99-35659, 99-35672, 99-35415, 99-35416, 99-35417, 99-35418, 99-35419, 99-35420, 99-35421, 99-35422, 99-35424, 99-35425, 99-35430, 99-35431, 99-35432, 99-35433,
Argued and Submitted November 4, 1999 — Portland, Oregon
Filed February 4, 2000
Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, Oregon, for petitioners-appellees Gavis Group and for petitioners-appellees-cross appellants Bowen Group.
Thomas M. Gannon, United States Department of Justice, Washington, D.C., for the respondent-appellant-cross appellee.
Appeals from the United States District Court for the District of Oregon, Ancer L. Haggerty, District Judge, Presiding, D.C. Nos. CV-98-00126-ALH, CV-98-00126-HA, CV-98-00125-ALH, CV-98-00125-HA, CV-98-00551-ALH, CV-98-00551-ALH, CV-98-00152-HA, CV-98-00152-HA, CV-98-00553-HA, CV-98-00553-HA, CV-98-00127-HA, CV-98-00127-HA, CV-98-00149-HA, CV-98-00149-HA, CV-98-00123-HA, CV-98-00123-HA, CV-98-00151-HA, CV-98-00151-HA, CV-98-00552-HA, CV-98-00552-HA, CV-98-00124-HA, CV-98-00124-HA, CV-98-01098-ALH, CV-98-01102-ALH, CV-99-00109-ALH, CV-99-00137-ALH, CV-99-00228-ALH, CV-99-00199-ALH, CV-99-00226-ALH, CV-99-00227-ALH, CV-99-00207-ALH, CV-99-00138-HA, CV-98-01544-HA, CV-98-01602-ALH, CV-98-01601-ALH, CV-99-00012-ALH, CV-98-01550-ALH, CV-98-01600-ALH, CV-98-01547-ALH, CV-99-00011-ALH, CV-98-01603-ALH, CV-98-01545-ALH, CV-98-01546-ALH, CV-99-00013-ALH, CV-98-01549-ALH, CV-98-01548-ALH.
Before: LEAVY, FERNANDEZ, and THOMAS, Circuit Judges.
I. INTRODUCTION Robert A. Hood, Warden of the Federal Correctional Institution, Sheridan, Oregon, appeals the district court's grant of habeas corpus relief, 28 U.S.C. § 2241, to a number of prisoners. Each of them had been subjected to the Bureau of Prisons' determination that certain categories of prisoners would not be granted early release pursuant to the provisions of 18 U.S.C. § 3621(e)(2)(B). One group, which we will call the Gavis Group, had not even been provisionally admitted to a substance abuse treatment program at the time that the Bureau adopted its exclusionary categories. When the Bureau adopted its exclusionary categories, the other group, which we will call the Bowen Group, had received provisional eligibility for early release after completing a substance abuse treatment program, but had not yet entered a program.
The Bowen Group has cross appealed because, after issuing its judgment, the district court issued a clarifying order, which, as the group's members see it, reduced their relief below that first intended.
We reverse the district court as to the Gavis Group, but affirm as to the Bowen Group.
This case revolves around a program created by Congress for the purpose of providing substance abuse treatment to prisoners. It directed the Bureau to "make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse." 18 U.S.C. § 3621(b). In order to give at least some prisoners an added incentive to participate in a substance abuse treatment program, Congress also provided that"[t]he period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve." 18 U.S.C. § 3621(e)(2)(B).
For some time, the Bureau has been of the belief that a prisoner whose crime of conviction involved the possession, carrying, or use of a firearm should be ineligible for early release. At first, the Bureau implemented that belief by decreeing that those possessors of firearms had committed crimes of violence, and, therefore, had not been "convicted of a nonviolent offense." Id. We declared that the Bureau thereby misinterpreted the meaning of "nonviolent offense" because it could not declare that possession of a firearm, either as the very offense of conviction or as an enhancement, was itself enough to make a crime one of violence. See Davis v. Crabtree, 109 F.3d 566, 569 (9th Cir. 1997); Downey v. Crabtree, 100 F.3d 662, 670 (9th Cir. 1996).
The Bureau acceded to that interpretation, but, nothing deterred from its continuing belief that individuals in that category should not be given early release into the community, it determined that it would not rest its categorical exclusion of them on a direct interpretation of the specific statutory language, "nonviolent offense." Rather, it would exercise its discretion under the statute to refuse them early release, regardless of that language. Therefore, it issued a change notice to the Early Release Qualifications Chapter of its Drug Abuse Manual, in which it declared, as pertinent here:
As an exercise of the discretion vested in the Director of the Federal Bureau of Prisons, the following categories of inmates are not eligible for early release . . . [i]nmates whose current offense is a felony . . . that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device). . . .
CN — 03, P.S. 5330.10 (October 9, 1997).
On October 15, 1997, the Bureau also published an interim regulation, in which it explained, in pertinent part, that:
This interim rule avoids this complication [various court decisions] by using the discretion allotted to the Director of the Bureau of Prisons in granting a sentence reduction to exclude inmates whose current offense is a felony . . . that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device). . . .
Drug Abuse Treatment and Intensive Confinement Center Programs: Early Release Consideration, 62 Fed. Reg. 53690 (1997) (interim rule). True to its explanation, the rule provided that "as an exercise of discretion . . . inmates whose current offense is a felony . . . that involved the carrying, possession, or use of a firearm" were categorically excluded from early release. Id. at 53691, 28 C.F.R. § 550.58 (a)(1)(vi)(B).
The Gavis Group claimed that the Bureau exceeded its authority when it adopted that position. The district court agreed. See Gavis I, 28 F. Supp.2d at 1266-67. Of course, if that is so, the Bowen Group would also be entitled to relief. For its part, however, the Bowen Group specifically asserted that the Bureau exceeded its authority because it retroactively applied that position to the members of the group. Each had previously received a provisional favorable eligibility determination, but had not yet entered the program. Again, the district court agreed. See Bowen I, 22 F. Supp.2d. at 1135. These appeals followed.
III. JURISDICTION AND STANDARDS OF REVIEW
We review the district court's grant of a denial of a writ of habeas corpus de novo. See Downey, 100 F.3d at 663-64. However, this case involves the interpretation of a statute by the Bureau, and that presents slightly different considerations. As we have said:
In interpreting a statute we must examine its language. If "the statute is clear and unambiguous, that is the end of the matter." There is no need to look beyond the plain meaning in order to derive the "purpose" of the statute. At least there is no need to do so when the result is not absurd.
If the language is not clear, Congress's intent must still be ascertained. . . . "If a court, employing traditional tools of statutory construction, ascertains that Congress had an intention on the precise question at issue, that intention is the law and must be given effect."
If, however, the statute is ambiguous, "the question for the court is whether the agency's answer is based on a permissible construction of the statute." And the "agency's interpretation of a statute that it is entrusted to administer is entitled to considerable weight unless it is `arbitrary, capricious, or manifestly contrary to the statute.'"
Tang v. Reno, 77 F.3d 1194, 1196-97 (9th Cir. 1996) (citations omitted). Moreover, those strictures still have force when "the Bureau's interpretation appears only in a `Program Statemen[t]' — an internal agency guideline — rather than in `published regulations subject to the rigors of the Administrative Procedur[e] Act, including public notice and comment.'" Reno v. Koray, 515 U.S. 50, 61, 115 S.Ct. 2021, 2027, 132 L.Ed.2d 46 (1995). As the Supreme Court has said,"BOP's internal agency guideline, which is akin to an `interpretive rule' that `do[es] not require notice and comment,' is still entitled to some deference, since it is a `permissible construction of the statute.'" Id. (citations omitted); see also McLean v. Crabtree, 173 F.3d 1176, 1184 (9th Cir. 1999), cert. denied, ___ S.Ct. . ___, 2000 WL 12163 (U.S. Jan. 10, 2000) (No. 99-6773).
As we have already suggested, the first question before us is whether the Bureau's interpretation is invalid, and only then need we consider whether it was applied to the Bowen Group retroactively. The Gavis Group cannot make the retroactive claim because its members had not received any form of acceptance into a substance abuse treatment program at the time the Bureau's interpretation was adopted.
The reversal of the district court's order with respect to the Gavis Group requires us also to address whether the Bureau's rule change can be applied retroactively to the members of the Bowen Group. Our decision in Cort v. Crabtree, 113 F.3d 1081 (9th Cir. 1997), compels the conclusion that the exclusion of the Bowen Group from early release eligibility has an impermissible retroactive effect.
A. Validity of Interpretation
The district court was of the opinion that the Bureau could not adopt its present position because we had ruled that the Bureau was in error when it attempted to rest adoption of that position on an interpretation of "nonviolent offense." See Gavis I, 28 F. Supp.2d at 1266-67. With all due respect, the conclusion simply does not follow from the premise.
It is clear enough that the Bureau could not go on construing the phrase "nonviolent offense" in a manner contrary to our prior rulings. See Neal v. United States, 516 U.S. 284, 294-95, 116 S.Ct. 763, 768-69, 133 L.Ed.2d 709 (1996); NLRB v. Ashkenazy Property Management Co., 817 F.2d 74, 75 (9th Cir. 1987). But the Bureau did not do that at all. Once it was foreclosed from a simple interpretation of the statute, it, instead, exercised the discretion that Congress indisputably conferred upon the Director and reached the same conclusion on an entirely different ground. It can hardly be doubted that "an agency is free on remand to reach the same result by applying a different rationale." Arizona Electric Power Cooperative, Inc. v. United States, 816 F.2d 1366, 1373 (9th Cir. 1987). Our prior decisions could have "held no more and no less than that the [Bureau's] first [position] was unsupportable for the reasons supplied by that agency." SEC v. Chenery Co., 332 U.S. 194, 200, 67 S.Ct. 1575, 1579, 91 L.Ed. 1995 (1947). Here, the Bureau relied on an entirely different part of the statute for its decision. We see nothing sinister in that.
There can be little doubt that the Bureau has "broad discretion in administering the sentence reduction treatment program." McLean, 173 F.3d at 1184. That discretion extends to the creation of categorical exclusions. See id.; Jacks v. Crabtree, 114 F.3d 983, 986 (9th Cir. 1997), cert. denied, 523 U.S. 1009, 118 S.Ct. 1196, 140 L.Ed.2d 325 (1998). No doubt, the exercise must be reasonable, but we see nothing unreasonable in the Bureau's making the common-sense decision that there is a significant potential for violence from criminals who carry, possess or use firearms while engaged in their felonious employment, even if they have wound up committing a nonviolent offense this time. Cf. Bush v. Pitzer, 133 F.3d 455, 458 (7th Cir. 1997) (upholding categorical release denial to those whose crimes present a serious potential risk of physical force against another). Congress did not say that the Bureau could not reach that conclusion. It did say that the Bureau could not grant a reduction to those whose current crime of conviction was a violent offense, but that is quite a different matter.
Finally, this is not a case of Bureau tergiversation; the Bureau has always been of the firm belief that the sort of criminal of which the members of the Bowen Group and the Gavis Group are representative should not be entitled to a reduction. But even if the Bureau had shifted its position, that would not necessarily mean that we should look askance at its current position. See NLRB v. Local Union No. 103, International Ass'n of Bridge Workers, 434 U.S. 335, 351, 98 S.Ct. 651, 660-61, 54 L.Ed.2d 586 (1978); Montana Power Co. v. EPA, 608 F.2d 334, 347 (9th Cir. 1979). But see Oregon v. BLM, 876 F.2d 1419, 1425 (9th Cir. 1989). At any rate, there was no vacillation here; there was only the valid use of a separate provision of the statute to reach the same result. Other courts agree with our position.
Thus, in Bellis v. Davis, 186 F.3d 1092 (8th Cir. 1999), petition for cert. filed, ___U.S.L.W. ___ (U.S. Dec. 15, 1999) (no. 99-7558), the court was presented with a claim that the BOP position which we deal with here was improper. The Eighth Circuit had previously ruled that the provision which limits relief to nonviolent offenders could not be used to exclude those who possessed a weapon while committing an offense. See id. at 1095. The court did not see that as relevant because, as it said, "[w]e did not, however, address the question at issue in this appeal, namely, whether the BOP may, as an exercise of its discretion, look to sentencing factors in deciding which individuals amongst statutorily eligible inmates are appropriate candidates for early release." Id. at 1095 (citation omitted). It stated that the BOP did, in fact, have that discretion. See id. at 1094. Moreover, it opined:
Nor does the statute mandate that the BOP exercise its discretion by making individual, rather than categorical, assessments of eligibility for inmates convicted of nonviolent offenses. In fact, Congress expected the BOP to make early-release determinations "based on criteria to be established and uniformly applied. . . ."
The BOP chose to exercise the discretion granted to it under the statute by identifying additional categories of inmates who were ineligible for the early release program because, although their offenses may be "nonviolent" within the meaning of the statute, their underlying conduct indicates that they pose a serious risk to public safety. We think that the BOP's decision to exclude these additional categories of inmates from eligibility represents a manifestly permissible construction of the statute and an appropriate exercise of the BOP's discretion.
Id. at 1094-95 (citations omitted); see also LaSorsa v. Menifee, 10 F. Supp.2d 316, 317 (S.D.N.Y. 1998) (although BOP cannot use "nonviolent offense" language to preclude release, it can categorically exercise discretion to do so), affirmed, 182 F.3d 900 (2nd Cir. 1999) (table); cf. Bush, 133 F.3d at 458 (a prisoner whose offense was nonviolent, but whose underlying conduct was prone to violence, may be excluded). Just so!
In fine, we do at least owe some deference to the Bureau's interpretation of the statute in a way that allowed it to exercise its discretion to categorically refuse to reduce the custody time of armed felons. Because its exercise of that discretion was both permissible and reasonable, we defer to it and hold that the Bureau's discretion was validly exercised.
B. Retroactive Application
Because we hold that the Bureau may under its discretionary authority categorically exclude felon firearm possessors from early release eligibility, we must determine whether the application of the rule change to the Bowen Group is impermissibly retroactive. In this case, the district court correctly concluded that the Bureau wrongfully disrupted the Bowen Group's settled expectations because they had already been provided with a determination of eligibility prior to the date the amended regulation became effective. Therefore, under Cort, the regulation has impermissible retroactive effect.
In Cort, we applied the bedrock principle that "retroactivity is not favored in the law" to determine whether the Bureau could deny early release eligibility to inmates based on drug abuse treatment program changes implemented after the inmates had already been notified that they were eligible for early release. Cort, 113 F.3d at 1084 (quoting Bowen v. Georgetown Univ. Hospital, 488 U.S. 204, 208 (1988)). Because the "settled expectations [of inmates] should not be lightly disrupted," Landgraf v. USI Film Products, 511 U.S. 244, 265 (1994), we held that the program change could not be applied "to prisoners already in the treatment program on the date of its adoption, much less to prisoners who have already been found to be eligible." See Cort, 113 F.3d at 1086-7. Three considerations were prominent in our decision. We noted first that the language of the change notice provided no indication that the program change was to be applied retroactively. See id. It was also clear that the Bureau intended to render a binding final decision of early release eligibility, subject only to the completion of the 500-hour drug abuse treatment program. See id. at 1085. Finally, we rejected as irrelevant the Bureau's contention that it could freely change its eligibility determination because it retained discretion under the statute to grant or deny a sentence reduction even after an inmate completed the treatment program. See id.
Despite the Bureau's assertions to the contrary, these reasons apply with equal force to the Bowen Group inmates. The language of both the Federal Register notice and Program Statement 5162.04 makes no indication that the regulatory and program changes were to be applied retroactively to inmates already notified of their eligibility for early release. Also, as in Cort, the Bureau continues to treat its eligibility notification as a binding "decision" which can be appealed through an administrative remedy procedure, rather than a temporary recommendation. See Cort, 113 F.3d at 1085. Moreover, the Bureau's contention that it retains discretion under the statute to grant or deny a sentence reduction remains irrelevant for the purposes of this appeal. Rather, the sole question is whether the Bureau must still consider the inmates' request for early release, having already notified them of their eligibility.
The Bureau argues that the insertion of the phrase "this eligibility is provisional and may change" in each of the eligibility notices given to the Bowen Group inmates establishes that they could not have had any settled expectations of early release eligibility. It — and the dissent — point to the various definitions of the term "provisional" as "temporary" or "conditional" or "existing or serving until permanently or properly placed" to support their contention that the import of the notices was made clear to the inmates. See Black's Law Dictionary 1102 (5th ed. 1979); Webster's Third New International Dictionary 1827 (1981); The Random House College Dictionary 1065 (revised ed. 1982).
In determining the meaning given to the term "provisional" in the early release eligibility notices, however, we need not look to its dictionary definition. Cf. U.S. v. Mohrbacher, 182 F.3d 1041, 1047 (9th Cir. 1999). In section 6.3 of the change notice, which enumerates the requirements for providing an inmate with notice of early release eligibility, the Bureau underscores that the term "provisional" refers only to the successful completion of all phases of the drug abuse treatment program:
Provisional Eligibility for 18 U.S.C. § 3621(e) Early Release. Inmates must be specifically informed that a sentence reduction is contingent upon continued positive behavior and successful participation in all components of the program, including community transitional services.
Change Notice CN-03 to Program Statement 5330.10, at 7 (Oct. 9, 1997). The Bureau further states that an inmate may lose his early release eligibility only for failure to complete the treatment program. The Bureau makes no indication that it intended the term "provisional" to apply to any changes in the law or new rules or regulations.
Loss of Provisional Early Release. An inmate may lose his or her provisional early release at any time for failure to successfully complete all components of the drug treatment program (including transitional services), or for committing certain prohibited acts.
Inmates are to be advised that they may use the administrative remedy procedure to appeal decisions regarding early release.
Change Notice CN-03 to Program Statement 5330.10, at 10 (Oct. 9, 1997).
The record further supports the conclusion that the insertion of the term "provisional" in the residential drug abuse treatment program contract did not alter the Bureau's long-held policy that early release eligibility was conditioned only upon successful completion of the treatment program. See Cort, 113 F.3d at 1085 (inmates eligible for sentence reduction subject only to successful completion of program). As such, it is clear that, even with the addition of the term "provisional," the eligibility determination is contingent only upon completion of the program, and not on any changes in the law or regulations.
Mary Sullivan, an executive assistant for the Bureau, stated in a facsimile that "[t]he major change is the addition of the § re: `eligibility is provisional' (CN-01, B3. P3) Although not in first[contract], this has always been the case."
The Bureau's contention that Cort is distinguishable because it dealt with inmates who had both received a favorable eligibility determination program and entered the drug treatment program falls short. The Bureau asserts that none of the members of the Bowen Group could have had any settled expectations of early release eligibility because they had merely been notified of early release eligibility, but had not entered a treatment program in reliance on their notification of early release eligibility. Our decision in Furguiel v. Benov, 155 F.3d 1046, 1048 (9th Cir. 1998), settles this question.
In Furguiel, we considered whether an inmate who had entered a treatment program without being notified by the Bureau that he was eligible for early release had a settled expectation of being eligible for early release. See id. Presumably, in such a circumstance, without more, a prisoner could have enrolled in the program because of his desire to rid himself of his drug addiction. The critical ingredient in resolving this question therefore was whether the inmate had been notified of early release eligibility. We held that "a prisoner's expectation of early release may only arise when the BOP makes a lawful determination of the prisoner's eligibility and then informs the prisoner of such eligibility." Id. at 1049. Thus, all that is required under our case law is that "a prisoner's notice of eligibility for early release must have accrued prior to the promulgation of § 550.58," as is the case in the instant appeal. See id.
The early release incentive program is an important part of Congress's effort to reduce recidivism by encouraging federal prisoners to participate in drug treatment programs. The programs require a substantial commitment by the inmate and the institution. Thus far, the programs have been successful. However, this is not a game of Lucy and the football from the world of Charles Schulz. Rather, it is a serious administrative agency program to be administered in a consistent, coherent matter. An agency cannot provide participants with a determination of eligibility based on the purported examination of objective criteria, then subsequently deny them eligibility by exercise of whim. If we expect inmates to observe the rule of law, we must adhere to it ourselves.
In sum, the BOP impermissibly applied its rule changes to the Bowen Group inmates in violation of the retroactivity doctrine after notifying them of their eligibility for early release. We further conclude that the district court did not abuse its discretion in modifying its original order pursuant to Federal Rule of Civil Procedure 60(a) to require that the Bowen Group inmates successfully complete all phases of the drug abuse treatment program before being entitled to the one-year sentence reduction.
V. CONCLUSION A.
When the Director of the Federal Bureau of Prisons determined that he would exercise his discretion to categorically exclude prisoners who had possessed, carried or used firearms while they committed their felonies, that was no mere contretemps. Nor was it an administrative bouleversement directed toward overturning our ultimate authority to declare what the law is. It was, instead, a decision made pursuant to a longstanding opinion of the Bureau that "such men are dangerous," regardless of whether they think too much. The decision to act was both reasonable and within the authority conferred upon the Bureau by Congress. We defer to that exercise of discretion, and uphold the determination, even though we did disapprove of an earlier attempt to reach the same result by a different path. Therefore we reverse as to the members of the Gavis Group.
William Shakespeare, Julius Caesar act 1, sc. 2.
We, however, affirm the determination of the district court that the categorical exclusions cannot be applied to the members of the Bowen Group. Having been notified by the Bureau that they would be eligible for early release consideration, the members of the Bowen Group clearly had settled expectations of early release eligibility. The Bureau cannot now take away with its left hand what it has already given with its right.
AFFIRMED, as to the Bowen Group members; REVERSED, as to the Gavis Group members.
I concur in Parts I, II, III, IV-A, and V-A of the majority opinion, but for the following reasons I dissent from Parts IV-B and V-B.
The Bowen Group insists that the Bureau's position cannot be used against its members because to do so would be a forbidden retroactive application of the Bureau's views. That group relies on our decision in Cort v. Crabtree, 113 F.3d 1081, 1086-87 (9th Cir. 1997). In Cort, the Bureau attempted to apply a program change to prisoners who had already commenced a comprehensive substance abuse treatment program and been told that they were eligible for early release. See id. at 1082-83. We determined that the change could not be construed as having retroactive effect. See id. at 1084. Were it applied retroactively, we said, the prisoners' "settled expectations" would have been disrupted. Id. at 1086. Thus, we said, "the Bureau's new definition of `nonviolent offenses' cannot be applied to prisoners already in the treatment program on the date of its adoption, much less to prisoners who have already been found eligible." Id. Then, we concluded by saying that the change "applies only to prisoners who had neither entered the substance abuse treatment program nor received favorable eligibility determinations as of the date of its issuance." Id. at 1086-87. The Bowen Group puts too much weight on that decision.
In the first place, despite its somewhat broader language, the decision can only directly apply to those who have both received a favorable eligibility determination and entered the program. That is because it is only that group that the case dealt with. Perhaps that group did have settled expectations. However, as we later decided, a prisoner who had entered a substance abuse treatment program, but who had not yet been found eligible for early release, could not "urge a retroactivity argument" because he did not have settled expectations that were protected from disruption. Furguiel v. Benov, 155 F.3d 1046, 1048 (9th Cir. 1998); see also Delancy v. Crabtree, 131 F.3d 780, 785-87 (9th Cir. 1997), cert. denied, 524 U.S. 932, 118 S.Ct. 2332, 141 L.Ed.2d 705 (1998). Similarly, a person who has received an eligibility determination, but who has not yet entered and commenced the drug abuse treatment program itself, should not be treated as having a settled expectation about the outcome. In other words, Cort dealt with a conjunction — entry and eligibility determination — even though its conclusion seemed to speak in the disjunctive. Because the disjunctive is dicta, it does not control here. Thus, the Bowen Group is not protected by Cort, even if the cases were otherwise the same.
More importantly, the cases are not the same. Retroactivity concerns are, therefore, out of place here. The key to a concern about retroactivity is whether a prisoner's settled expectations have been disrupted. If a prisoner has no settled expectation that he will be granted a reduction of his custody period, a program change will not be retroactive as to him. As we have said in a similar context:
In order to urge a retroactivity argument, a prisoner's notice of eligibility for early release must have accrued prior to the promulgation of § 550.58. Under the factual circumstances of this case, we find that Furguiel has failed to demonstrate any settled expectation of legitimate eligibility for early release under § 3621(e)(2)(B).
Furguiel, 155 F.3d at 1049 (footnote omitted).
In the case at hand, the Bowen Group could not have had a settled expectation. Unlike Cort, this case is not one where there had been a determination of eligibility. Rather, the Bureau told the group members that their eligibility was only provisional, and they agreed. The notice to them was clearly entitled "Provisional Notice of . . . 3621(E) Eligibility," and goes on to state that it is the "current assessment . . . that it does appear that you will be provisionally eligible for early release." (Emphasis in original.) The agreement that they signed stated, among other things, "I understand that if I have been found eligible for an early release under 18 U.S.C. § 3621(e), this eligibility is provisional, and may change." (Emphasis in original.)fn1
I do not quite see how a person can claim a settled expectation that he will obtain an early release when the notice of that possibility is expressly made provisional. Whether I look at a law dictionary, a general American dictionary, or the OED, I find that provisional means just what I would expect — something that is subject to nullification, or that is tentative, or temporary, or preliminary. See Black's Law Dictionary 1224 (6th ed. 1990) ("provisional" means "[t]emporary; preliminary; tentative; taken or done by way of precaution or ad interim."); American Heritage Dictionary 1459 (3d ed. 1992) ("provided or serving only for the time being; temporary."); Websters' Third New Int'l Dictionary 1827 (3d ed. 1986) ("suitable or acceptable in situation but subject to change or nullification: tentative, conditional."); Compact Oxford English Dictionary 1456 (2d ed. 1991) ("of or belonging to, or of the nature of a temporary provision . . . for the time being . . . preparatory, preliminary."). That simply cannot convey an expectation that the denouement will be the same as the interim decision, much less a settled expectation. And, it should be emphasized, this was not sprung on the inmates mid-program, after they had devoted many hours to the program's completion. Rather, they were so informed before they actually entered and began working in the treatment program. In that respect, their expectations, if any, were even less likely to be settled than those of the prisoner in Furguiel, 155 F.3d at 1047, who had actually entered and begun work in the treatment program before he was notified that he would be ineligible for early release.
Nor can I accept the Bowen Group's claim that "provisional" only means, in effect, that a prisoner had to complete the treatment program before he could get early release. That would make the word a mere tautology, or, at best, an unexplained redundancy. The whole statutory scheme required that a prisoner could only obtain early release "after successfully completing a treatment program." 18 U.S.C. § 3621(e)(2)(B). And the agreement's many detailed provisions informed the prisoner that he must fully engage in and complete all parts of the program, if he expected to remain in and complete it. Obviously, the word "provisional" goes beyond those conditions; it, instead, must cover other possibilities — for example, as Program Statement 5330.10 states at P 6.6, eligibility is subject to a final release review at which time the staff will "carefully review all relevant statutory and regulatory criteria."
Therefore, I concur in all but Parts IV-B and V-B of the majority opinion, and dissent as to those parts.
I join in Parts I, II, III, IV-B and V-B. However, because the regulation promulgated by the Bureau of Prisons ("Bureau") directly contravenes the plain language of the governing statute by categorically excluding prisoners expressly declared eligible by Congress, I respectfully dissent from Parts IV-A and V-A and reversing the district court's decision as to the Gavis Group.
As it pertains to the Gavis Group, this appeal presents the question of whether the Bureau may avoid the Congressional directive that non-violent offenders be eligible for sentence reductions by categorically excluding inmates convicted of certain non-violent crimes under the guise of exercising its discretionary authority to grant sentence reductions under 18 U.S.C. § 3621(e). The majority answers this question in the affirmative. I would join the Tenth and Eleventh Circuits in concluding otherwise.
Faced with a burgeoning federal prison population incarcerated for drug-related offensesfn1 and evidence that prison substance abuse treatment programs sharply reduce recidivism, Congress has required the Bureau to provide substance abuse treatment to federal inmates for whom the Bureau determines has a treatable condition of substance addiction or abuse. 18 U.S.C. § 3621(b). Concerned by an apparent lack of program interest, Congress amended the statute in 1994 to provide an incentive to inmates to enter and participate in a substance abuse treatment program. See Violent Crime Control and Law Enforcement Act of 1994, Pub.L. No. 103-322, 108 Stat. 1796 (1994). The carrot Congress provided, which is the subject of this litigation, allows the Bureau to reduce by up to one year the period that a prisoner "convicted of a nonviolent offense remains in custody after successfully completing a treatment program." 18 U.S.C. § 3621(e)(2)(B).
For example, preliminary results for a study conducted for the Bureau of Prisons indicates that inmates who completed prison substance abuse treatment programs were 73% less likely to be re-arrested with in the first six months after release than those who did not receive the treatment. See Federal Bureau of Prisons Office of Research and Evaluation, TRIAD Drug Treatment Evaluation Project: Six-Month Interim Report, at 1 (1998). Earlier studies had reported similar results. See, e.g. Dess A. Grangetto, Reducing Recidivism by Substance Abusers who Commit Drug and Alcohol Related Crimes, 10 J. Contemp. Legal Issues 383, 393 (1999).
From the inception of the early release program, the Bureau has pertinaciously insisted that inmates who possessed, carried, or used a firearm during the commission of their crime or who received sentence enhancements because of firearm possession should not be eligible for early release. At first, the Bureau implemented this position by adopting a regulation after public notice and comment excluding from early release eligibility any prisoner whose offense was a "crime of violence" as set forth under 18 U.S.C. § 924(c)(3). See 28 C.F.R. § 550.58 (1995). In subsequent program statements, the Bureau interpreted "crime of violence" to include both felon firearm possessors and prisoners whose sentences were enhanced because of firearm possession. See Davis v. Crabtree, 109 F.3d 566, 569 (9th Cir. 1997); Downey v. Crabtree, 100 F.3d 662, 668-69 (9th Cir. 1996).
Upon challenge, however, we found the Bureau's position to be untenable by holding that the Bureau cannot define "nonviolent offense" to include firearm possession, either as an element of the criminal offense or for sentence enhancement. See Davis, 109 F.3d at 569; Downey, 100 F.3d at 667-68; compare Warren v. Crabtree, 185 F.3d 1018, 1023 (9th Cir. 1999) (Bureau properly determined inmates convicted for use or carrying of a firearm in relation to drug trafficking crime categorically ineligible for a sentence reduction). In part, we so held because "parity of reasoning" from our prior case law dictated that inmates convicted of firearm possession could not be denied sentence-reduction eligibility on the grounds that their offense was not nonviolent. See Davis, 109 F.3d at 569 (quoting Downey, 100 F.3d at 667).
In response to Davis and Downey, the Bureau issued an operations memorandum instructing its staff that it could not restrict early release eligibility based on sentence enhancement factors or on an interpretation of "crime of violence" to include felon firearm possession. See Federal Bureau of Prisons Operations Memorandum No. 038-97 (5330) (May 30, 1997).
The Bureau subsequently amended its regulation and program statement defining an inmate's eligibility for early release under § 3621(e). Rather than relying on an interpretation of the phrase "nonviolent offense," the Bureau elected to circumvent the statute, and our decisions interpreting it, by declaring the very same categories of offenders ineligible through the purported exercise of its discretion. See Federal Bureau of Prisons Program Statement 5162.04 §§ 1-2, § 5-6.
In this regulation, as it had previously, the Bureau listed several offenses, categorized as "crimes of violence," that are excludable from early-release eligibility. See Federal Bureau of Prisons Program Statement 5162.04 §§ 1-2, §§ 5-6, § 9. The Bureau separately denied early release eligibility to inmates who committed an offense falling within a category "identified at the discretion of the Director of the Bureau of Prisons." Id. at §§ 1-2, § 7; see 28 C.F.R. § 550.58(a)(1)(vi)(B). Among the offenses excludable under the Director's discretionary authority include, as before, inmates "whose current offense is a felony that . . . involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives . . ." Id. at § 7.
It is clear that throughout these amendments the Bureau changed its substantive position "not a whit." Kilpatrick v. Houston, 36 F. Supp.2d 1328, 1329 (N.D.Fla. 1999), aff'd, 197 F.3d 1134 (11th Cir. 1999); accord Ward v. Booker, ___ F.3d ___, 2000 WL 37983, *5 (10th Cir. Jan. 19, 2000). And the Bureau freely admits that the premise for the amendment to its regulation was to evade the import of this Court's rulings in Davis and Downey. The majority's holding places this Circuit in conflict with the Tenth and Eleventh Circuits, which have relied on cases paralleling this Court's decisions in Davis and Downey to hold that the Bureau exceeded its discretionary authority in amending its regulations. See Ward, 2000 WL at *5-6 (citing Fristoe v. Thompson, 144 F.3d 627, 631 (10th Cir. 1998)); Kilpatrick, 36 F. Supp.2d at 1329 (citing Byrd v. Hasty, 142 F.3d 1395, 1398 (11th Cir. 1998)); compare Bellis v. Davis, 186 F.3d 1092 (8th Cir. 1999), petitions for cert. filed, Nos. 99-7504 and 99-7558 (U.S. Dec. 15, 1999).
As the majority points out, it is beyond cavil that the Bureau cannot now construe the phrase "nonviolent offense" to include felon firearm possession. See Neal v. United States, 516 U.S. 284, 294-95 (1996); NLRB v. Ashkenazy Property Mgmt. Co., 817 F.2d 74, 75 (9th Cir. 1987).
In issuing its amendment, the Bureau states:
Because of differences in application of case law among the various Federal courts, a few crimes would not be clearly covered by the Bureau's definition. This interim rule avoids this complication by using the discretion allotted to the Director of the Bureau of Prisons in granting a sentence reduction to exclude inmates whose current offense is a felony (a) that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another, or (b) that involved the carrying, possession, or use of a firearm . . ., or (c) that by its nature or conduct, presents a serious potential risk of physical force against the person or property of another . . .
Drug Abuse Treatment and Intensive Confinement Center Programs: Early Release Consideration, 62 Fed. Reg. 53690 (Oct. 15, 1997) (interim rule) (to be codified at 28 C.F.R. Parts 524 and 550) (emphasis added).
To be sure, the Bureau is accorded broad discretion over all aspects of the substance abuse treatment process, but it must exercise its discretion within the prescribed parameters of its statutory authority. See SEC v. Sloan, 436 U.S. 103, 118 (1978) (court charged with determining whether agency's exercise of discretion consistent with scope of statutory authority). This is especially true here because"[a] prisoner's right to consideration for early release is a valuable one that we have not hesitated to protect." Cort, 113 F.2d at 1085 (citing U.S. v. Paskow, 11 F.3d 873, 877 (9th Cir. 1993)). When the Bureau has rationally and validly exercised the discretion Congress vested in it, we have not hesitated to affirm the Bureau's position. See, e.g., McLean v. Crabtree, 173 F.3d 1176, 1182-84 (9th Cir. 1999), cert. denied, No. 99-6773, 2000 WL 12163 (U.S. Jan. 10, 2000). We have even supported the notion that the Bureau may exercise discretion in a categorical fashion. See Jacks v. Crabtree, 114 F.3d 983, 985-86 (9th Cir. 1997). However, a discretionary decision that conflicts with the plain and unambiguous language of the statute merits no deference. See McLean, 173 F.3d at 1182-83. An agency cannot legally renounce the express will of Congress by cloaking its repudiation under the cloth of discretion.
The majority correctly observes that an agency may often reach the same regulatory result employing a different rationale. See Arizona Electric Power Cooperative, Inc. v. United States, 816 F.2d 1366, 1373 (9th Cir. 1987). But achieving similar results using corrected means is far different from attaining ends by evading statutory commands. The power to regulate does not include the power of statutory amendment. See Manhattan Gen. Equip. Co. v. Commissioner of Internal Revenue, 297 U.S. 129, 134 (1936).
It may well be that the Bureau's position is good public policy, but that is not for the Bureau — or this Court for that matter — to decide. That is a judgment reserved to the wisdom of Congress. The Bureau cannot categorically declare ineligible those inmates that Congress categorically declared eligible. Thus, I respectfully dissent from the judgment as it applies to the Gavis Group.

domain: law