MLCommons/peoples_speech_v1.0 huggingface dataset:
who crucial point is that one point she received a very threatening very nasty e mail back mentioning the participation in one of the sexual harassment complaints and she agrees it's the attention of the puerto rico police department who begins an investigation of the matter is one of the do anything to investigate it after his mother now had informed the mayor and human resources that this was going on it is clear your arse that it was soon after she went out with her first injury or third well beyond that one hundred eighty the period that would apply from the time that she filed her  t to the police investigation herb's well your honor that is their obligation but they are certainly free to investigate the matter on their own as well as to this to assess if indeed and assist could decide who was responsible for sending those e mails and so that it did not take that view but on reconsideration that it did take the view so what in other words in the district courts you there was not a genuine issue material there because no reasonable fact finder could attribute responsibility to to an employee because of the musicology what's wrong with that view of the to investigate and here is this computer in this area where it's clearly the emails coming from so it creates hostility towards mr maldonado for participating in these investigation of sexual harassment so that's why you are you wanted for murder because it's in effect saying looking at the evidence and giving it more they did not have licensing they not met licensing requirements that she was required to make is it your position if any employee any coworker of an employee such as your client makes a statement like i think on one of the messages in the record in the next november two thousand and ten are all the messages from that same general time frame i can only do your own or th i don't understand why they should be out in terms of a house of a hostile environment climate because it was the only one your honor i did time she had requested around that time another six month extension to  and article  the discussion on those issues is mainly based on a continuing violation they claim that the those things are not time work because of consuming violation theory under state law but the fact is that they do not discuss the case on which they rely which is in fact it is a case in spanish
twenty fifteen cents in guidelines manual which is the manual applies to my client defense is not the crime of violence under either the elements clause in your a defense clause or the residual clause in the career offender guideline has to be evaluated interpreted in a way that is fair and makes sense and my position is the way to do that is to apply the same categorical approach that language as the courts have applied in the here and now with the injury and i don't think that the most benign which would be covered by the intimidation alternative means under under twenty one thirteen a amounts to  violent offense and the argument has been made is it doesn't because intimidation can be i guess done in a way that's nonviolent but i think the argument today that just went to suggest that that's not true because what's required for it to be intimidat to continue to do what you did before and as unsatisfactoriness difficult it is not providing certainty you have to do the best you can for this narrow window of cases to apply in the ordinary case analysis as you had been attempting to do through least for this case it's quite clear that it fits under the fourth clause now i'm not saying you're going to face another predicate crime we're going to have to wrestle with that you very well may i don't think this is i don't think bank robbery is the one and we just treat the language other circuits have found thank you saying that what i'm trying to argue is consistent with johnson one consistent with this decision in the case the the crime of violence has been more than just force it has to be violent
the gym being a world added and that of the world of mankind and the world of the angels they have some things in common with mankind and in this we had discussed some of the aspects of the jinn why they are called  is who are like
how live in a house with a much reduced mortgage why isn't the difference between those two indebtedness as a measure of the gain if you will for those individuals who are now living in these homes as a result of these fraudulent
please the court this is a case where the immigration judge made a cradle delete determination that was completely subjective she used her own ideas that way how she thought things should work and decided that based on the number that she found in in the car but there could be no way that this card was a legitimate without knowing anything about how these cars are issued how the serial numbers on the car implausibilities working in the difference between what she has she and her husband characterize the nature of his february two thousand two injuries differen about anything that doesn't make it that much stronger and a pragmatic sense i don't think i would even submit a letter from somebody his mother that says that yeah my son was for my daughter was perse well with respect to the average credi get it but no there was no except for the medical documents they asked her why she didn't bring back medical documents and she said and she said that she just didn't think it was necessary which is not consistent with the fact that she logically would be expected if she were telling the truth so and then the evidence that she did bring back was or not bring back she submitted at some point was is pretty shoddy and like you sa that is the attorney what the basically the only things that she really provided from you pakistan was a marriage certificate and the passport the she already had so those are clearly that wasn't above then doesn't really have much at that seems to me quite unusual where are our creditors that's why she returned because her husband was arrested now she did meet with an attorney in well she was here in the expert attorney woods and bring back these documents she brought back more documents she brought back prove that she was married but we cannot guess as to what kind of documents were available i like to think
who is actually her biological grandmother she also presented her mother's testimony the mother's testimony was consistent in detail with regard to the rape incident however about the long term effects of rape isolation and willingness victim of traumatic greatness don't discuss this even after a substantial period of time and just presenting her own credible in distant detail the client spoke english well she was educated in she was actually again this has no bearing on whether or not she should have discussed the weight issue and her application because contrary to the mother's testimony in court your honor i can answer that question or not i have a law about forty nine years experience in state and federal courts and i've never seen a rape victim that wanted to talk about it or could tell  very coherent story even sometimes because of a feeling that they didn't want to disclose everything about this look to me like a case where immigration judge decided he didn't want to find the witness credible and contrived a whole list of little picky things that were wrong with her story and ended up saying she's not credible she sounds pretty
long ago when these ancient region temples were new hemp was already old in the service of mankind for thousands of years even though this plant had been grown for cordage and cause cloth and china and elsewhere in the a forty four gun frigate like our cherished all irons i had to go over sixty tons of hemp for rigging and those days hemp was an important crop in kentucky and missouri inaccessible except by boat just plans or afford for a great expansion of the health under strain as a part of the war program this film is designed to tell farmers how to handle those ancient crop now little known outside kentucky and wisconsin agent about don't forget hemp demands are rich well drained soil structures found here in the bluegrass region of kentucky or in central wisconsin that must be loose and rich in organic matter or soils won't do soil that will grow good corn will usually grow hemp hemp is not hard on the soil and kentucky it has been grown for several years on the same ground so this practice is not recommended a dense and shady crop is an ideal stand the right height to be harvested easily like enough to grow slender stocks that are easier to cut in process stocks like these here on the left they yield the most fiber and the best those on the right are too coarse and woody for seed ampas planted in hills like corn sometimes by hand about issues plant the female flowers in conspicuous but the male flowers is a list spotted and seed production after the pollen has been shed these male plants are cut out these are the seeds on a female plant for fiber is ready to harvest when the pollen is shedding in the leaves are falling and kentucky hemp harvest comes in august nearly all standby has been the software a creeper which has been used for a generation or more curiously in kentucky that harvesting is sometimes difficult which me account for the popularity of the self rake with its lateral stroke a modified rice binder has been used to some extent this machine works well on average but here's one kind of harvest or at least a dozen stall in the heaviest him in kentucky hand cutting is practiced in opening fields for the machine when the condor bar is much shorter than the hemp a stall overlapping occurs not so good for reading the standard cutters eighty nine six the length of time hampers left on the ground to rest the pens on the whether was must be turned to get a uniform  sale and the old days breaking was done by hand one of the hardest jobs known to man and heavy dew to tackle bread for shoes for millions of american soldiers and parachute webbing proud paratrooper as for the united states navy every battleship requires thirty four thousand feet of rope and other craft accordingly so here in the boston navy yard where cables are figured from the long ago crews are now working night and day making c
from my supreme court defense counsel was merely asking for an instance to be mitigated  that th
under the case law in the constitution in the supreme court rules that this missile becomes final after twenty one dollars days in so it cannot be reinstated absent supervisory work from the onus for a court which is what the defendant tried to do in this appeal so there's no longer a as ability of this court or the trial court pursuant to the prosecution hearings reinstating the direct appeal and then see exactly what moore says in the answer what goldman says in gold and makes it clear in that failed to file a complete record and then the claim on appeal with a clean in the post conviction proceeding was because of the failure to file the complete record i would defend it was denied his right to appeal in so therefore he should be able to have the appeal being stated what the owner supreme court said citing golden is that you can't presume prejudice from the failure to file the record because the people had been perfected in by saying perfect if the court relied upon the longstanding understanding that the only jurisdictional step to perfect an appeal the relief of allowing a late notice people can be granted what the family is asking for here is effectively to reinstate his earlier dismissed notice of appeal his earlier dismissed right to appeal which goldman says can't be done and that's why we say that this is proper that so what the defendant had to do in this case was alleged ineffective assistance of appellate housel improve both strickland prox both the deficient conduct and the precious and he hasn't been able to day restriction whether or not he chose to pursue it as from cornell i don't know what the place he was given he wasn't represented by counsel at that time he and fell the postcondition petition so i don't know what he did or didn't do he did however in the midst of the file this motion for supervisor order of seeking relief in fact the attorney told the trial judge presiding over the postcondition petition that she was going to do them in please hold off on ruling on the p c until this gets resolved she filed this we f relief in what he should have done and what he didn't do despite numerous opportunities was to have his attorney who was appointed to represent him on the postcondition combs of the record is the to turn to the question of perfectly good i think that this is i think that this is kind of getting into a distracting territory when the a poker works are very clear that there's a distinction between two things in a back
did not include allegations that his rights were violated under the law and the other way proportionate guilty applies however this is not the case though been the main arguments that the automatic transfer statute which transfers juveniles to adult rehabilitative potential absence thing it's clear that the court did not view betty as the sixteen year old child that he was when he committed this crime the court told me it was time for him to be a man both defense and the state agreed that there were no mitigating factors at sentencing and the only mitigating factor that the sentencing court found was that then he did not have to leave the criminal history and the court seemed to imply that had been been older his history would have been longer in fact the sentencing court said that beneath you could be a factor in mitigation or aggravation that it's clear that benny's learning disorder his behavioral problems his i q of eighty six  little legal knowledge or training it is undeniable that any who left school in the th grade was instructional education classes and had a learning disorder falls into this category petitions at this stage must be given a liberal construction and cour do is allege the gist of a constitutional violation and the whole yes and the whole of his petition is that his use should have been considered a sensing when you look at his petition and the downswings argument for his you should have been considered and was and we can look at the something that might happen after councils are pointed at the nd stage but that's premature for this point in the proceedings so that's my st argument states jumping to the ultimate merits of whether these claims will prevail and that's
there was nothing said the girl whether that was in the room at that time i mean that they were actually in the room but most importantly they didn't say that any of these chemical so called chemicals good morning for the record my name is joe thagard i'm an assistant united states attorney from great falls montana a prosecutor this case i will concede at the out the south for the purpose of calculating the advisory guideline that from what particular while judge having did make reference to the fact that the person rationally might be conducting the cook or the manufacturer would be placed he also did make a finding that future occupants of the and i understand that's of course concern with that respect and i think that that also raises the issue of how the advisory guideline you know plays with what's reasonable samples because of course the advisory guidelines are now just that  a correct guideline calculations should be made i think that there are cases in which clearly the reasonable most of the soundness is really beyond dispute even though there may be a miscalculation the guideline calculation and that it's difficult to say how precise the court has to be in that calculation and that's why i responded to judge schools question i was saying that i think that there may be circumstances where despite the fact that there may have been some sort of an error and i find guideline thanks for making the trip clear to both of you right that first and then exercise it's fair in under booker or can we go right to the question of whether the sentence is reasonable under the section thirty five fifty three factors that history guideline would have to be accurate if that's going to be an advisory guideline i think that would be the way to go
the trial of the hearing date yes judge kaufman got to know she talking to the brass she could be said to be honest with you or something like that know exactly at which point she spends a significant amount of paper time yes and not in the suit being a significant part of the hearing time describing the difference between this year e and a trial and disorderly conduct right and the fact that if you in this hearing if he is found to have fire only does conditional discharge he could be sentenced for the same penalties right that as before and i don't remember if she actually did it buys the penalties again but she spent quite a bit of time  well except you know he was standing in front of her she could look at his face you know say szell expressions his body language in addition to the words and the context so i don't think that we that part of the statutory authority that i think we're now down to is determining if he understands the following that right there then there are three things that should be advised right so you're saying this the only way that  determination can be made is objectively with the question or are you just you don't believe that there's any way that the judge sitting there can make that subject if i determination well understand but i think that at the very least there should be a finding by the trial judge indicating of the condition precedent for allowing such or c in this case you have somebody who didn't graduate from high school but had a little bit of a community college credit who had some experience with the  confused about the difference between proceeding on the new stuff into charge independently and using it as a basis for revoking his conditional discharge as to that to represent himself but never said that on march eighth didn't say you know what i think i want more time to hire counsel again do not try to put bass you know to proceed to a next critical stage going pro se is probably the best to have the freudian missions in here the determination i would certainly agree with that there's you know no question that that's the best way to do it so maybe would have said oh now i want an attorney he was just trying to change and go back so there's nothing new that could have happened to him there rather than contempt or something that n the judge you have to determine then mr brass knew the nature of the charge that's what a lot of the time was spent on in the march cheery they did the charge how it would be handled it would the state had the option you request a financial affidavit at that point to fill out i don't recall the record in the hearing that to be a good case so that i think the point that might be an issue here is the minimum and maximum sentence is prescribed by law
weight but the question here is whether or not this was enough to trigger some perceived beyond the trial court reading it and saying you know either got a big hit all of it or not but you didn't ask specifically to vacate everything else around the state to reinstate the domestic violence that was dismissed there for instance of fish i guess we struggle with what's enough and why you see this just as counsel said a timely post judgment motion x outside to record the sat so business properly lies and more more appropriately as opposed conviction because you're going to have to both is essentially the defendant has to go outside the record in order
clear we have now and she committed traffic infractions which would have supported the traffic investigation which brings the discussion to whether there was reasonable suspicion that drugs would be found in the vehicle in which the stuff was extended is dogs so we have to ask whether there was some reasonable suspicion that drugs would be found in the car i think the officers had a hunch but believe that any information they had at the time rises to the battle of reasonable suspicion and says when they used the drug sniffing it was contemporary immediate evidence in between that in effect possible one no your honor and i appreciate the mention of the fact that they weren't said which was clearly not the case because he had an exact opposite reaction street away from home so we said that the court correctly found that totality of circumstances easily gave rise to reasonable suspicion the point again perhaps it was it was certainly not an incredibly emphasized that you'll see it mentioned on the video during the pat down and i think it was listed among those who tally but it's certainly not crucial here when converts this into a subject and inquiry test rather than what the supreme court has made clear is and of checked if test and with that will submit unless the court has for the questions no thank you thank you yes drugs would be found in the car if the testimony from these police officers is that is based in driving which is how the contract was characterized what are checking to see if you're under surveillance or any of that was consistent with someone who stole televisions presumably there would be reasonable suspicion to investigate for television if it was someone who possesses explosives and presumably they could have been trying to drive around to be some sort of limitation and the temp in this case does not for this court to review now portion of the testimony very carefully because what papists actually testifies is that he knows very little about this source of information and it is this person has actually not provided
should have been applied to miss jessie the conduction goes back to the year two thousand and three or an i guess i want to ask you pointed out the judge i mean here language of the court in order and instead look at these later proceedings and what happened with this this order discharging the two year prison sentence the government believes this approach would be inconsistent with this court cases i wanted to highlight the case which the party by the sheriff that showed that there was one hundred and twenty eight dollars days to happen i assume you're sitting there in court so they get credit for that out day while you're away or going to go to court and then there was a previous consuls letter that asserted that there was one hundred and condition of probation i doesn't count but however when a probation revocation occurs that time gets recaptured back yet and it is considered time served so basically  amount and the guidelines say that some of that time gets recaptured if there's a probation violation so i think we don't need to look at iowa law to determine how much three hundred and thirty two dollars days the maximum argument three hundred and thirty two days the maximum that you you were sorry but i wonder to your sentence correct but that doesn't make you couldn't sort of if you get credit for all the time you were in drug treatment and on probation and everything you