peggy gustafson barnett obituary3 on 3 basketball tournaments in colorado

556). Our Terms of Use and Privacy Policy have changed. During the interval between reading the rights and soliciting an express waiver, agent Janene Gordon made statements which qualify as an interrogation under Rhode Island v. Innis, 446 U.S. at 303, 100 S.Ct. They had been playing around and shooting a gun that Doug had bought recently. However, assuming that she did effectively waive her Miranda rights during interrogation, the question arises whether Edwards prevents acceptance of that waiver. |, Yavapai Silent Witness offering reward in arson case, Remains of missing Prescott Valley veteran found in California, Police seek publics help to locate missing endangered Prescott Valley man, Need2Know: Thumb Butte Pharmacy still open for business; Hidden Fins LLC aquarium supply to specialize in high-quality fish; Tri City Home Improvement Pros serves Quad Cities, Controlled rock blasting to close sections of I-17 10 to 11 p.m. Feb. 28 to March 2, March snowstorm brings more than foot of snow to parts of Prescott, surrounding areas, Obituary: Native Son, Stephen Clark Rogers, Defense gets time to peruse evidence in murder case, Update: I-40 eastbound fully reopens; several high country highways remain closed, Thumb Butte Medical Center reopens under new ownership, Power failures, school delays result from Valentines snow in Prescott area, Point: Dignity Health-Yavapai Regional Medical Center setting the record straight, Dignity Health YRMC and Blue Cross Blue Shield Arizona unable to negotiate new contract, Schedule for Banner Health hospital in Prescott uncertain, BCBSAZ tries to quell fears over contract impasse with Dignity Health YRMC, Highway 69/Old Black Canyon Highway-area grading project raises questions, Update: ADOT announces extreme weather highway closures in northern Arizona, Series of snowstorms, high winds expected to impact Prescott through weekend. 374): 1) that her interrogation in the absence of her retained attorney, John M. Murtagh, violated her Sixth Amendment right to counsel and that the action of the government's lawyers violated the ethical canons of the legal profession; 2) that the interrogation violated her Fifth Amendment right to the assistance of counsel; 3) that the interrogation violated her rights under Miranda v. Arizona, 384 U.S. 436, 475, 86 S.Ct. See Colorado v. Spring, 479 U.S. 564, 573, 107 S.Ct. We followed a series of phone calls, including the last one, which he initiated himself, Bordenet said. David died instantly but Michelle survived. This is because it encompasses at least two, and possibly three, distinct policies: 1) That the confession not be false or inaccurate; 2) that the confession not be the product of police abuse or overreaching; and, possibly, 3) that the confession be the product of a rational intellect and a free will. View local obituaries in new mexico. He was also granted immunity from prosecution in another, Not long after Doug and Raymond were sent to jail, George lost his father in an explosion. Gustafson got 65 years for the shooting, and Cheely got 60, according to the Associated Press . With over 1,900 locations, Dignity Memorial providers proudly serve over 375,000 families a year. Powered by WordPress.com VIP. Bill was a member of several organizations including Masonic Lodge #87, Scottish Rights, and the NRA. The interrogation began at approximately 7:45 A.M. and ceased at about 11:30 A.M., and there was an hour break between approximately 9:20 A.M. and 10:30 A.M. George was not present when the bomb arrived. To this union four children were born; John, Joel, William and Buffy. She will expect the family read those to Leo as he grows. Visitation 5PM and Memorial service 6PM Thursday, June 3, 2021 in the chapel of SMOOT FUNERAL SERVICES, 4019 E. Livingston Ave . At a young age her mother died and they moved to Osceola, NE. Peggy's second argument is that the government circumvented Miranda by giving her full warnings but by counseling her to refrain from deciding whether she would or would not make a statement until after she had heard the evidence they had against her, and by subsequently subjecting her to subtle interrogation before asking her to make a decision regarding waiver. I will address the voluntariness prong only in passing, reserving for the next section a more thorough analysis of Peggy's claims that her confession, and by extension waiver, of her Miranda rights was involuntary. See Collazo v. Estelle, 940 F.2d 411, 421-23 (9th Cir.1991) (en banc), cert. A tentative decision is not intended to chill or discourage oral advocacy or limit counsel in the zealous representation of their parties. She strongly believed that her brother was innocent. She should be allowed to testify. 1774, 1788, 12 L.Ed.2d 908 (1964). Find service information, send flowers, and leave memories and thoughts in the Guestbook for your loved one. In the view of the Carter court and that of Peggy, failure to suppress permits "an end run around Miranda." Peggy may have confessed as an emotional response to the fear of losing her good name in the eyes of her child, suffering separation from her family, and subjecting her family to unwanted publicity; but if so, this would not invalidate her confession. Consequently, if the other tests are met, the weight of the confession is a matter to be decided by the jury. 1433 (N.D.Cal.1991), a violation of DR 7-104 would not appear to independently warrant suppression on this record. To the extent that Peggy's affidavit suggests the contrary, I do not find her contentions persuasive. On September 14, 1991,in Anchorage, Alaska,a very pregnant Peggy Barnett along withher 9-year old daughter drove to the post office to deliver a package to an associate, George Kerr in Chugiak, fifteen miles outside of Anchorage. Additional Legal Information Regarding Veterans Offerings, CloseAdditional Legal Information Regarding Veterans Offerings, Subscribe to the 12 Weeks of Peace E-Newsletter, Subscribe to the Thinking Ahead E-Newsletter, A Guide to Cremation and Burial for Veterans, Unique Ways to Memorialize Cremation Ashes, A Complete Guide for When A Loved One Passes, The Essential Veteran Death Benefits and Memorialization Guide, California Residents Goods and Services Info. The government filed opposing affidavits sharply disputing Peggy's allegations of material historical fact. Guard Jorge Escobar said hotel security was not advised of the fugitives arrest. There is no suggestion that Peggy's confession is false or inaccurate in any significant way. Peggy's argument is that the agents intentionally used psychological knowledge to put her relatively at ease, led her to believe that they sympathized with her, et cetera. Neptune Society is the largest provider of affordable cremation services in the nation. All rights reserved. at 2297. In1991Chugiak,Alaskan resident David Kerr and his wife, Michelle, were the victims of a mail bomb when a package addressed to their son, George, exploded as they opened it. She seeks suppression of her confession on four related grounds (Docket No. Peggy does not argue that she did not understand her Miranda rights and the record would not permit such a finding if she did. The authorities asked him to wear a wire and wanted George to get them to admit to the killing on tape. Burial will be in the Wakefield Cemetery with a . She was 29 years old and pregnant when the incident occurred. Ohio Residents: Neptune Society is affiliated with Okerwall Funeral Home. This site is provided as a service of SCI Shared Resources, LLC. She continued her education and earned her Masters Degree in Education. Pamela R. Callahan, 69, of 201 W. 7th St., Emporium, PA passed away at Penn Highlands DuBois, DuBois, PA on Thursday morning (February 16, 2023). First, she contends that the manner of presenting her with her Miranda rights prevented an effective waiver. Peggy makes essentially two arguments. In the end, a trio of conspirators, Douglas Gustafson, Peggy Gustafson-Barnett and Craig Gustafson, pled guilty and agreed to testify for the government and against Cheely and Ryan. On balance, I find that this circumstance does not undermine the voluntary nature of the confession. The charges carry a maximum sentence of life in prison or death. Her case has been reassigned to Chief Judge Manuel L. Real of the Central District of California. I find Magistrate Judge Branson's findings at Docket No. First, the time elapsing between Peggy's arrest, at approximately 7:00 A.M., and her arraignment at approximately 3:30 P.M. on the same day, was not inordinate. Wondering where he might be now? An investigative task force was formed led by U.S Postal Inspection Service, with assistance from the Anchorage Police Department and the US department of the Treasury, Bureau of Alcohol, Tobacco and Firearms (ATF) to solve this case. A Memorial Service will take place at 6 pm. 651. The story didn't end there as Peggy Gustafson Barnett, Gustaffson's older sister, was subsequently arrested after she planted a bomb at George Kerr's home. However they had perfect alibis. Not too long after, Doug Gustafson and Raymond Cheely were convicted of second-degree murder in relation to Jeffreys death. Searching obituaries is a great place to start your family tree research. Shea, U.S. Peggy declined to testify, and the government did not press its earlier demand to cross-examine her regarding the statements in her affidavit. 18 U.S.C. To aid the parties in preparing for oral argument, I will briefly address each issue and set out my tentative conclusions. Peggy was active with the Wakefield Tree Board, active in the Wakefield Library Book Club and the Nebraska Association of the Aging. She spent most of her years in the ret There was a problem, however: Gustafson's older sister, Peggy Gustafson, 29. R.Crim.P. The family teased that dust was afraid to visit her always sparkling clean house full of collectibles, fine china, fancy tea cups and crystal goblets. A loyal friend, Peggy was the consummate hostess. he was a starch supporter of the 2nd Amendment. 445, 88 L.Ed.2d 405 (1985). The meaning of the term voluntary in context is not free from doubt. Fed. Margaret W. Peggy Gustafson, born on Christmas Day 1935, in Farmington, Maine, departed this life for her eternal home on May 1, 2021, embraced in the love of family and friends who stretch from her four-year abode in Prescott, Arizona, across the country to the state of Maine she still considered home. Bill retired as a Lieutenant after 20 years of service with the Florida Department of Corrections. Phillip Paul Weidner, Law Offices of Phillip Paul Weidner & Associates, Inc., Anchorage, AK, for Peggy Gustafson-Barnett. 967, 19 L.Ed.2d 1247 (1968); Batiste, 868 F.2d at 1092. 445, 88 L.Ed.2d 405 (1985); Collazo v. Estelle, 940 F.2d 411, 416-18 (9th Cir.1991) (en banc), cert. It may take up to 1 hour for your comment to appear on the website, William L. (Gus) Gustafson, husband of Peggy Gustafson , returned to his maker on Monday August 13, 2018 unexpectedly due to natural causes. Absent her testimony, a final decision on that point is premature. The agents knew that Peggy had earlier invoked her rights, was represented by counsel and had on earlier occasions exhibited an unwillingness to talk. This motion was referred to Magistrate Judge Harry Branson who has filed his report and recommendation suggesting that the motion should be denied (Docket No. Gouveia, 467 U.S. at 187, 104 S.Ct. Peggy Gustafson Barnett, 31, pleaded tearfully with U.S. District Judge Manuel Real on Monday to give her only probation, saying she would "do anything to fix the situation." "If I could give. Anyone would be prone to cry under the circumstances. A it was Short and simple a the officer said. He was also granted immunity from prosecution in another burglary at a local meat market that he had been a part of with Doug and Raymond. Facebook gives people the power to. Oral argument on Peggy's motion to suppress her confession will immediately follow her testimony should she testify. Peggy was a creative soul able to paint, knit, and craft, with the final products often donated to those in need, or as gifts of appreciation to those she loved most. Her keen mind, sharp wit and amazing hugs will be missed! Peggy mailed it. No services are scheduled at this time. The government asked to cross-examine Peggy and this request was denied. The ceremony was held in a prison visiting room and lasted about to seconds officer Bill Mccumiskey said. It was no secret that Douglas Gustafson and his cohort, Raymond Cheely, despised George Kerr, had knowledge of explosives, and liked to blow things up. Three others - Gustafson himself, a brother of his, and Raymond D. Cheely Jr., who is serving time for the same murder as Gustafson - also were charged. It was the government's other evidence, and not Peggy's expression of sorrow, which lead her to believe that she had nothing left to lose and that further resistance would only lead to additional adverse publicity without hope of a fruitful outcome. Need help? 1774, 12 L.Ed.2d 908 (1964)), then Peggy knew that she had been instrumental in killing one person against whom she had no grievance and had seriously injured another, and that she would probably go to jail for the rest of her life. CANDLE HAS BEEN LIT CANDLES HAVE BEEN LIT, We are reviewing your submission. Jim Bordenet, a Seattle-based spokesman for the postal inspectors, said agents interrupted the filming of a movie to arrest Craig Gustafson as he talked on a phone in the Roosevelt Hotel lobby. She is survived by her daughter, Dana House and her children, Brandy Sarracco, Sonya Morrales, Julia Tovsen; son, James and Coral Barnett and their children, Michael Barnett, Jorden Barnett, Jacob Barnett; son, Todd Barnett and his children, Robert Barnett and Sabrina Barnett; Forrest Barnetts daughter, Lyndsey Barnett; great-grandchildren, Domenica, Joseph, Asia, Jasen, Jacob, Isaac, Olivia, Solomon, Elle, Rock, Ethen, Nicholette, Skarlette, Phoenix, Haysley; and great, great grandchild, Faelinn. Send flowers, find service dates or offer condolences for the lives we have lost in new mexico. There must be a causal nexus between the improper police conduct and the confession, United States v. Kelley, 953 F.2d 562, 565 (9th Cir.1992), but it is not sufficient to show that the interrogation caused the confession, see Guerrero, 847 F.2d at 1365-67 (causation, including but for causation, has never been the test for voluntariness). Craig Gustafson and Barbara Sheffer both 25, were married tuesday morning by a jail chaplain at the Matsu pre trial facility jail superintendent Frank Sauser said. A luncheon will be served directly afterward. See United States v. Ryans, 903 F.2d 731, 734 n. 4 (10th Cir.1990), cert. There are two problems with applying DR 7-104 in this case: 1) It does not appear that this district has adopted the Code by local rule; and 2) although a number of cases apply this canon of the Code to government lawyers in criminal cases, the majority do so only after the Sixth Amendment right to counsel has attached. Peggy Gustafson, 90, of Wakefield, NE died on Monday, May 7, 2018 at the Wakefield Health Care Center in Wakefield, NE. She was active in womens ministry and teaching regular Bible studies. He and his wife Michelle were in the kitchen when David opened the package. denied, ___ U.S. ___, 112 S.Ct. See United States v. Guerrero, 847 F.2d 1363, 1366 (9th Cir.1988). Colorado v. Connelly, 479 U.S. 157, 170-71, 107 S.Ct. A hearing in this matter will be held on Tuesday, November 24, 1992, at 2:00 p.m. in courtroom 3. Douglas Gustafson Raymond Cheely Peggy Barnett On September 14, 1991,in Anchorage, Alaska, a very pregnant Peggy Barnett along with her 9-year old daughter drove to the post office to deliver a package to an associate, George Kerr in Chugiak, fifteen miles outside of Anchorage. The package exploded, killing David and seriously injuring Michelle Kerr, David's wife. Peggy Gustafson BARNETT, Defendant. 5260 Daniel J. Enea, Manager. She was arrested Wednesday at her home. A Memorial Service is scheduled for Sunday, June 6, 2021, at 11:30 a.m. at the Emmanuel Pines Community Church chapel, 3000 Spence Springs Road, Prescott. Peggy was arrested on the morning of April 1, 1992, and arraigned that afternoon. Great Grammie was able to spend many weekend hours entertained by Leos antics as a baby and toddler. At the end of November my mom, Peggy, had a double brain aneurysm and a stroke. A minority of jurisdictions do apply this canon of the Code to pre-indictment custodial interrogation. More importantly, a suppression hearing in the view of the Ninth Circuit is evolving into the conceptual equivalent of a trial on the merits to which the rules of evidence apply, see United States v. Brewer, 947 F.2d 404, 410 (9th Cir.1991). In Memory Of William "Bill" Lawrence Gustafson. Washington, DC 20002. My earlier tentative decision addresses most of the points raised in Peggy's motion to suppress. See Bryant, 785 F.2d at 368. Gustafson talked his sister Peggy through the elements of building a bomb during jail visits. Douglas pled guilty in exchange for a lighter sentence for his sister. Authorities saiad Gustafsons brother Craig, the fourth man charged, was a fugitive and offered a $10,000 reward for information leading to his arrest. She wanted revenge against Kerr for sending her little brother to prison. Her one request: masks match her carefully-selected attire even if it was just to go for a ride. Cheely had planned the bomb plot with Douglas Gustafson while both were in prison. Tentative conclusions may have to be revised after Peggy testifies, if her testimony significantly expands on her affidavit. I think that there is a good chance that the Ninth Circuit will conclude that the dicta in McNeil was a rumination, not a prediction, and that Peggy's act of hiring Murtagh, invoking her rights at Grand Jury and expressly informing the United States Attorney that she was not to be interrogated in Murtagh's absence triggered Edwards and precluded a subsequent waiver of her Miranda rights.3 I believe that this is particularly the case if the circuit ultimately hears this case en banc. A proper consideration of this court's role in the decision making process leads me to conclude that I should assume that the dicta in McNeil accurately predicts that the United States Supreme Court will hold that an accused cannot invoke his Fifth Amendment right to counsel until he is taken into custody, and prior to interrogation, warned of those rights. She, too, was a lifelong Sunday school teacher for young and elder alike both in Florida and during retirement in north Georgia. Dicta is not, strictly speaking, binding on lower courts, and all of the policy reasons announced in Edwards and Roberson militate in favor of applying those decisions to invocations of Miranda at grand jury and preliminary hearings involving the same case. Craig Gustafson received 22 years in prison, Peggy 25 years. Peggy Gustafson BARNETT, Defendant. Cheely is serving a 60-year term for aiding Gustafson in the shooting. Peggy is survived by her sons; John Gustafson of Akron, OH, Joel (Rita) Gustafson of Emerson, NE, William (Donna) Gustafson of Lincoln, NE and a daughter Buffy Gustafson of Wakefield, NE. Gracelyn Gustafson is organizing this fundraiser. A review of the cases indicates that certain conduct, such as violence or the threat of violence, threats to take away a person's children unless she confesses, or statements that are materially false and upon which a person relies in confessing, will always invalidate a confession. Michelle told U.S postal inspectors that Doug Gustafson was involved. denied, ___ U.S. ___, 112 S.Ct. She was born on June 30th 1937 in Bakersfield CA where she grew up with her mother, Ruby Brookshier; father, Joe Brookshier; twin sister, Patsy Camp; and brother, Darrell Brookshier. George's father David Kerr picked up the package three days later and brought it home. Gustafson was sought in connection with a mail bombing last year that killed an Anchorage man and maimed his wife. Sec. It appears undisputed that Peggy retained Murtagh prior to her arrest; that that fact was known to the United States Attorney and to the trial attorneys representing the government in this case; and that, despite knowledge that Peggy was represented, government agents, with the knowledge and approval of government attorneys, interrogated Peggy. Let others know about your loved one's death. See Fed.R.Evid. Join Facebook to connect with Peggy Gustafson and others you may know. The bomb ripped a hole in the roof of the Kerr home and blew out a picture window. All of them were later convicted on charges stemming from the crime. U.S. In 1991, Doug and Raymond were found guilty of second-degree murder. Rhode Island v. Innis, 446 U.S. 291, 298-303, 100 S.Ct. Consequently, although I share Judge Patel's concerns that government agents may be violating the ethical canons as a matter of policy, see United States v. Lopez, 765 F.Supp. In November 1990, he was riding with his friends Gustafson and Cheely when Gustafson opened fire on another car that had just passed them on the highway, apparently because it had cut off their car. The assumption that factual disputes should be decided on evidence, not affidavits, would explain the Ninth Circuit's observation that where the defendant does not testify and the government's witnesses do testify that the defendant's affidavit should be given little weight. The Fifth Amendment right to counsel does not attach until a person is: 1) in custody, and 2) subjected to interrogation. He is also survived by his sister, Karen Gondzi, her husband Ed, and son, James; brother, Frank Gustafson; and two sons, Matthew and Nathan, sister Brenda Hall and daughter, Raamya, predeceased sister, Fran; two sons, Glenn and Christopher; and daughter, Tasha. 2023 Cinemaholic Inc. All rights reserved. George was sitting at the back when Doug and Raymond, angry because they felt another car had gotten too close to them, decided to shoot at it. A defendant challenging the use of his pre-trial statement against him is entitled to a hearing out of the presence of the jury, at which any disputes in the facts are resolved and a judicial determination of voluntariness is made. I have obtained a transcript of the evidentiary hearing held by Magistrate Judge Branson and have reviewed it. No. Peggy Gustafson Barnett ("Peggy") and others were jointly charged in a seven count indictment returned on August 14, 1992. Peggy Gustafson PEGGY GLOVER GUSTAFSON, age 87, passed away on March 31, 2021 at Community Hospice - Bailey Family Center for Caring. Friday, May 11, 2018 California Residents: California FD #1289, #1309, #1359, #2031 Texas Residents: For additional information regarding prepaid funeral contracts, please visit the website www.prepaidfunerals.texas.gov which is maintained by the Texas Department of Banking. | Terms of Service | Privacy Policy. The episode audio is being processed and will be ready shortly. Peggy also argues that the government's conduct violated Disciplinary Rule 7-104 of the Code of Professional Responsibility ("Code"). ANCHORAGE, Alaska (AP) _ A dental hygienist has been arrested on charges of building and sending a mail bomb that killed the father of a key witness in her brothers murder conviction. Peggy L. Barnett December 30, 1932 - September 27, 2021 Wichita, Kansas - Peggy was born in Salina, Kansas and graduated from high school at Wichita East High. Peggy asserts that the statements recorded on pages three through five of the transcript, in which Gordon asks Peggy if she is sorry and apparently received some kind of affirmative response, are interrogatory. A review of the record establishes that Peggy realistically appreciated her situation, i.e., the probability of a life sentence if she was convicted. Cheely received two life sentences without parole and Ryan, guilty only of possessing a bomb, received less than five years in prison. She was not the victim of psychological coercion. Peggys life was all about faith, family and friendship her love was the strongest embrace. Other entrances have variable hours. He was fascinated by her oxygen tubes; we joked that we didnt want him to pull the plug. Douglas pled guilty in exchange for a lighter sentence for his sister. 371, and to one count of transporting an explosive with the intent to kill, injure and intimidate, resulting in injury, in violation of 18 U.S.C. Thus, promises to mention cooperation to the United States Attorney do not invalidate a subsequent confession, Guerrero, 847 F.2d at 1366; nor do threats to do what the agents have a legal right to do (i.e., bring the defendant to trial and seek a conviction and a realistic penalty), see United States v. Crespo de Llano, 838 F.2d 1006, 1015-16 (9th Cir.1987). The government relies on the following dicta in McNeil v. Wisconsin, ___ U.S. ___, ___ n. 3, 111 S.Ct. Click on the case name to see the full text of the citing case. denied, 498 U.S. 871, 111 S.Ct. Russel Mabry, a postal inspector, said in an affidavit that Cheely plotted with Douglas Gustafson during jailhouse church services. He was always mentoring, guiding, and partaking inn all kinds of outdoor activities such as fishing, hunting, and cruising. I am therefore satisfied that the government has sustained its heavy burden of proving that Peggy knowingly, intelligently and voluntarily waived her Miranda rights. Listed below are the cases that are cited in this Featured Case. 2. Peggy Gustafson-Barnett ("Peggy") moved to suppress certain statements she gave to postal inspectors investigating a mail bombing. See Docket No. The request for a further evidentiary hearing presents a closer question. Peggy mailed it. They evidently did not expect to succeed in eliciting a statement from her, but they attempted to do so using what psychological knowledge they had to create an environment which would increase the likelihood of obtaining a confession. George Kerr was hanging out with his two friends, Doug and Raymond, on the evening of October 19, 1990. The cooperation and testimony of George Kerr, who was with the two of them when the shooting happened, was significant in putting Doug and Raymond behind bars. Even as her health proved fickle, Grandma Peggy attended her youngest granddaughters high school graduation and her eldest granddaughters college graduation. Sign up for service and obituary updates. 844(d). Investigation revealed that it was a planned attack on George by Doug and Raymond, and they were helped by Dougs siblings Craig and Peggy. Facebook gives people the power to share and makes the world more open and connected. We were able to keep him occupied long enough for us to catch up with him.. Derrick v. Peterson, 924 F.2d 813, 817-18 (9th Cir.1990), cert. Let others know about your loved one's death. A strong-willed, sharp-minded and independent woman, Peggy was the ultimate Mama Bear. No matter how full her plate, Peggy as Mom never missed a concert, athletic competition, teacher conference or milestone event for her children or grandchildren. 152, 112 L.Ed.2d 118. She was arrested Wednesday at her home. The scope of the hearing will depend on the scope of the dispute. The only significant evidence missing is Peggy's testimony.2 The court will schedule a brief hearing to permit Peggy to testify and then will proceed directly to oral argument. The Magistrate Judge's decision on this point seems clearly correct. Peggy was predeceased by her husband of almost 60 years, David Jalmar Gustafson; a sister, Madeline Nan Durham; her parents, Bill and Bettie Woods; and in-laws, Maynard and Eleanor Gustafson. With respect to the third and fourth considerations, Peggy had received Miranda warnings at the time of the interrogation, and she had previously discussed the potential charges with two attorneys: Mr. Murtagh, her retained counsel, and Ms. Sidney Billingslea, an Assistant Federal Public Defender.

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