sample allocution statement

Outside of sentencing, allocution statements serve several different purposes for the parties involved in a particular case and for society at large. In non-capital cases, North Carolina provides a right of allocution by statute. A Defendant Should Never Criticize Or Argue With The Judge At Sentencing. The cookie is used to store the user consent for the cookies in the category "Analytics". Many people assume that sharing their life narrative will make them appear more human at sentencing. The example here showcases this, as the handwritten version exhibits penmanship, crossed out words, spacing, and lacks punctuation that was included in the typed version. November 5th, 2018 [featured_image] Download is available until [expire_date] Version Download 8; File Size 13.69 KB; File Count 1; Create Date November 5, 2018; Last Updated November 5, 2018; Sample Allocution. This is known as the defendant's right of allocution. (1994). There are no good excuses or rationalizations. In either circumstance, handwritten or typed, the statement is filed in the court, with case number, parties, and date stamped or attached. The letter you've written must be delivered to the judge you're looking for. I hacked into dozens of high profile corporations and government institutions, understanding very clearly that what I was doing was against the law, and that my actions could land me back in federal prison. These are offered only as suggestions to assist in developing project documents; they are not mandatory formats. These statements have a long and important history in the American legal system, serve a variety of functions, and, as Teaching Legal Docs explores here, produces an associated legal document. Where does the word allocution come from in English? This statement cannot be cross-examined by the prosecutor. It was very inspiring to see the ideas of hactivism coming to fruition. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Instead, we were labeled as traitors, beaten, and arrested. It has taken a lot for me to write this, to explain my actions, knowing that doing so honestly could cost me more years of my life in prison. She took an enormous personal risk to leak this information believing that the public had a right to know and hoping that her disclosures would be a positive step to end these abuses. . These cookies track visitors across websites and collect information to provide customized ads. Allocutionthe penultimate stage of a criminal proceeding at which . Around this time, I was following the work of groups like Wikileaks and Anonymous. E. Articles on Mitigation and Allocution 1. Allocation Statement. The client should not be overly apologetic, narcissistic, or give an I have seen the light type of speech. American Bar Association 18 Oct. 2022 During the first minute of his allocution statement, . I understand that I have made a decision that will impact my entire life. Privacy Policy and Terms of Use. A network of powerful people that endorsed his nomination with members of Congress and the president of the United States. Call the New York State Bar Association Lawyer Referral Service (toll free) at 1-800-342-3661; If you live in the New York City area, go to the Collaborative Family Law Center to learn if you may be eligible for reduced-fee or free collaborative law services through a court-sponsored pilot program. In many cases, the client will truly need to take time to reflect. They must determine that there is an adequate factual basis to support the charge and the plea and that the plea was knowingly, voluntarily, and intelligently made. Allocution statements aid in making these determinations. What was the financial impact on you and your family? After the 17th century, the practice decreased in Britain because death penalty sentences also decreased. What are some examples of how providers can receive incentives? Especially in those cases where the court has a range of sentencing available, I normally recommend my client make an allocution to the court. In what ways does the website profiling judicial guidance prepare you before allocution? I have never had to use his services (thank goodness) but I do know people that have and he did a great job! Sentenced to 10 Years in Prison, Jeremy Hammond Uses Allocution to Give Consequential Statement Highlighting Global Criminal Exploits by FBI Handlers. I targeted the manufacturers and distributors of military and police equipment who profit from weaponry used to advance U.S. political and economic interests abroad and to repress people at home. It is also a good idea to run through the statement multiple times before sentencing with your attorney. Allocution Meaning: What is an Allocution? The purpose of your mitigation plea is for you to convey relevant mitigating factors so that the judge can arrive at a fair and just sentence. One of the most important things for a court to notice is that you are aware of the crime you have committed and that you are regretful of your actions. Allocution rights may be traced back to 1689, when English courts recorded that, in cases in which defendants faced possible death sentences, the failure to ask defendants directly if they had anything to say prior to sentencing constituted a basis for reversal. What Is the Colorado Alcohol Limit for Driving. He is a Board Certified Criminal Law Specialist that can answer your questions and address your concerns. Most defense attorneys due a huge disservice to their clients by not preparing them well before sentencing. An allocution, or allocutus, is a formal statement made to the court by the defendant who has been found guilty prior to being sentenced. [3] Make sure to use the judge's last name. Did you learn your lesson? Be Authentic. P T = = ? Copyright 2022 Snader Law Group, LLC All Rights Reserved. I am committed to working to make this world a better place for all of us. How can I hold myself accountable on this plan to get the best outcome? But, if they elect to make a statement, I have found the following information to be helpful: In making an allocution, I believe there are a few dos and donts. It has been revealed through Wikileaks and other journalists around the world that Stratfor maintained a worldwide network of informants that they used to engage in intrusive and possibly illegal surveillance activities on behalf of large multinational corporations. They allow the court to quickly recognize the humanity of the matter before it, and provide the judge with a better understanding of the defendant. But there was no general agreement about when allocution rights were required or how they should be exercised. The court did so because "accepting a proffered allocution statement would violate the fundamental tenet that appellate courts will not consider material outside the record before the district court." . Even a minor conviction can have lasting consequences on your life. What is the best possible outcome from this sentencing hearing? (Pages 31-68) NDLSHC Info Guide. From the courts perspective, judges cannot simply accept a defendants guilty plea. | Powered by, Advantage Attorney Marketing & Cloud Solutions, A Clients Quick Guide to Arizona Criminal Procedure and Process. This mostly includes the crime itself, your previous criminal record, the details surrounding your case, and how your case may have impacted others. Many people are unaware of how important their statement is. Text and tables in black are provided as boilerplate examples of wording and formats that may be used or modified as appropriate to a specific project. Two lines beneath the judge's address you will add the salutation: "Dear Judge Jones.". the criminal system is one of the starkest examples of this reality.17 Allocution matters because it is one place in the criminal process where every convicted defendant has the chance to speak. Dont make excuses for your behavior. It has evolved slightly over time, especially following a Supreme Court ruling in 1961, Green v. United States, in which the Court ruled that it was not enough to offer the defendants lawyer an opportunity speak. ALLOCUTION STATEMENT Sir / Mam, For the record: I accept for value these proceedings including your draft on me as well as the jury's verdict and draft in their entirety and I am Exempt from Levy. This cookie is set by GDPR Cookie Consent plugin. Arizona laws are tough and even your first arrest could land you in jail, cause you to lose your job, ruin your reputation and make you lose your right to possess a firearm. If at all feasible, deliver your letter in person, and if required, use a dispatch book to record the date and signature of the recipient. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Allocution, or a defendant's right to make a statement on his or her own behalf before the pronouncement of a sentence, was a right granted to a defendant at common law. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Every Action that I have taken in this, matters/claims put forth for me by the court for acceptance and discharge. You and your attorney should work together to develop the most promising answer and how you might convince a judge of its validity. By clicking Accept All, you consent to the use of ALL the cookies. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. For instance, judges might allow allocution at resentencing, probation, or supervised release hearings. In the context of a criminal case, it is the one opportunity to humanize your client before the court and in many cases the prosecutor and victim as well. : to question a criminal defendant prior to sentencing. 2022 American Bar Association, all rights reserved. But opting out of some of these cookies may affect your browsing experience. eloquent allocution. Although I prefer their statement to be short and concise, it is their only time to make their feelings and thoughts known to the court. Yes I broke the law, but I believe that sometimes laws must be broken in order to make room for change. Once he has more information regarding your specific circumstances, Weeden will be able to help you fully prepare to speak at your sentencing. After Stratfor, I continued to break into other targets, using a powerfulzero day exploit allowing me administrator access to systemsrunning the popular Plesk webhosting platform. Clients should be prepared to explain specifically and realistically their goals for the following year, as well as the next five years, and the long term. I did find it ironic that Stratfors wealthy and powerful customer base had their credit cards used to donate to humanitarian organizations, but my main role in the attack was to retrieve Stratfors private email spools which is where all the dirty secrets are typically found. You should not attempt to elicit sympathy from the judge. I was sentenced to two years in prison. What should and not be said by a defendant when given his/her chance to speak before a court imposes the sentence. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. I advise clients to not hold back on their emotions: crying, etc. transitive verb. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Provide a brief summary of your strengths, experience, and qualifications. P. 19.1(d)(7), 26.10(b)(1). JEREMY HAMMONDS SENTENCING STATEMENT | 11/15/2013. 10. According to a 2014 survey of federal judges, 84 percent of defendants in federal court exercise their right to allocution. An allocution is simply a formal speech. On a few occasions, the court and prosecutor have agreed to reduce the punishment otherwise set forth in the plea agreement. That expression must be expressed and directed to the victim, not expressed in terms of regret that they were caught committing an offense. Be aware of resources that may assist victims in creating their victim impact statement. I dont know how other information I provided to him may have been used, but I think the governments collection and use of this data needs to be investigated. - Legal Guides - Avvo Allocution: The statement made by a defendant before s/he is sentenced. Lakewood, CO 80226. Legal Guides Avvo Allocution: The statement made by a defendant before s/he is sentenced. 5. 2. of . Allocution statements are sometimes also used at other times in court, outside of sentencing. . 4. This is known as an allocution statement. Posted by: WeedenLaw, Categories: Can you prepare a client for their allocution? Sample Character Letter to Judge Before Sentencing. The repression of Anonymous and the Occupy Movement set the tone for Antisec in the following months the majority of our hacks against police targets were in retaliation for the arrests of our comrades. Allocution Statement-sample - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. Enter your information to receive my FREE book, or simply call (602) 957-3300 to order your book. Rather, they use their notes to keep focused while addressing the court. u /y sX 9fn BU x \% [t C{ n { @ = A Z @ U n k n o w n G z T i m e s N e w R o m a n 5 S y m b o l 3& z A r i a l M C e n t u r y S c h o o l b o o k 3 z T i m e s " 1 h t&{&. BUSTED! Having a full statement drafted is ideal, but at the very least you should have notes prepared. The Obama administration continued the wars in Iraq and Afghanistan, escalated the use of drones, and failed to close Guantanamo Bay. Highlight the most significant parts of your professional career. It is not what they say, but how they say it. = = ? And withing 24 hours I got an email with an hourly quote and a phone call regarding price. If youre not scoring 90 points or higher, then perhaps you can do more work. For more information,please visithttp://freejeremy.net. Can you prepare a client for their allocution? I have tried everything from voting petitions to peaceful protest and have found that those in power do not want the truth to be exposed. While Jeremys attorneys initially erred on the side of caution in previous memorandums and kept large pieces of the record redacted, both the defense and prosecution agreed this morning that many of the sections should now be made available for public view. Some victims may find sample statements drafted by others to be helpful to them when approaching the After all, it is your future thats on the line. 31. Bennett, Mark, Heartstrings or Heartburn: A Federal Judge's Musings on Defendant's Right and Rite of Allocution, The Champion, March 2011 2. Allocution Statement sample court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. Profit and Loss Statement For Small Business Sample. This cookie is set by GDPR Cookie Consent plugin. The truth is, the longer you babble on, the more likely a judge will begin to tune you out. Also, a statement should be made accepting responsibility for the crime and reasons why they are writing the letter to the judge a defendant should ask for a lesser fine or a shorter sentence. But I felt that I had an obligation to use my skills to expose and confront injusticeand to bring the truth to light. Below is a sample reconsideration letter by the defendant to the judge who gave the sentence. What Should and Shouldn't be Said at Sentencing? In bible study, a locution is a text and its meaning. What has changed to ensure that you never take drugs again? Learn more. However, you do not want to sound insincere and apologize too much. My introduction to politics was when George W. Bush stole thePresidential election in 2000, then took advantage of the waves of racism and patriotism after 9/11 to launch unprovoked imperialist wars against Iraq and Afghanistan. Remorse does not equal a sob story. At the end of the day, a judge wants to hear three things: accountability, responsibility, and remorse. I believe this approach is more effective because it produces a more honest reflection of their thoughts and emotions. borrowed from Latin alloctin-, allocti spoken or written address, manner of addressing, exhortation to an army, from alloc-, variant stem of alloqu to speak to, address, make an appeal to (from ad- ad- + loqu to speak, talk) + -tin-, -ti, suffix of verbal action more at eloquent. These statements have a long and important history in the American legal . Writing a letter to a judge is an effective way to obtain leniency or probation. Maintain a straightforward approach. Your attorney will be able to review your drafted statement ahead of time and give input and feedback. This is a defendants right: Ariz. R. Crim. Defendant's Allocution (Statement) No one, not even defense counsel, may be able to speak as persuasively as the person facing the sentence. You also have the option to opt-out of these cookies. I also want to thank the National Lawyers Guild, the Jeremy Hammond Defense Committee and Support Network, Free Anons, the Anonymous Solidarity Network, Anarchist Black Cross, and all others who have helped me by writing a letter of support, sending me letters, attending my court dates, and spreading the word about my case. I filled out the online form. It is especially important that if you had a criminal record prior to this conviction, youre able to explain what has changed and how youve changed. The court has no way to determine the truthfulness or sincerity of those comments. This is a . Well get back to you right away. The U.S. hypes the threat of hackers in order to justify the multi billion dollar cyber security industrial complex, but it is also responsible for the same conduct it aggressively prosecutes and claims to work to prevent. This information isn't a complete statement of the law. Again, this takes some honest, introspective, analysis. August 18, Remember that during the test, the most important thing to do Allocution Statement sample to keep your body perfectly still. I had to ask myself, if Chelsea Manning fell into the abysmal nightmare of prison fighting for the truth, could I in good conscience do any less, if I was able? I recognize that 7 years ago I stood before a different federal judge, facing similar charges, but this does not lessen the sincerity of what I say to you today. Describe the strategy youve engineered to show that youve tried to make amends for the crime. Illocution: the speaker's intent in saying those words and sentences (i.e., the locution). Step 2: Question whether youve developed the right tools, tactics, and resources to influence success along the way. There is too much riding on this to simply leave it up to chance. This is due in part to practical reasonsthe defendant may lack access to a typewriter or computer. In many cases, I am able to obtain a sentence more lenient than expected. Page . Quick response. This makes them appear more sincere and contrite. The government celebrates my conviction and imprisonment, hoping that it will close the door on the full story. They also help defendants accept responsibility for their actions, and make the defendant a meaningful part of the sentencing process. What is thought to influence the overproduction and pruning of synapses in the brain quizlet? If you get your conviction dismissed, the court can forgive any remaining fines and fees you owe, including restitution fines (but the court CANNOT forgive your victim restitution). Blaming it on someone or something else does not deflect your responsibility. To explore this concept, consider the following Order of Protection . It can be found as far back as 1689 in England. 4 How do you ask for forgiveness in court? This is not to say that I do not have any regrets. Defendants will likely want to work with their . It's a disturbing study. In the context of a criminal case, it is the one opportunity to humanize your client before the court and in many cases the prosecutor and victim as well. You need to provide more detail: What was it that originally drew you to drugs and alcohol? In fact, it is best to not allow them in the courtroom at all, especially if they are very young. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. What Is an Allocution Statement? Step 3: We encourage you to use our 25-point scale to assess yourself, on a scale of one-to-four, to determine whether youre ready. Rather than playing the sympathy card, show empathy instead. In its absence, a sentence but not the conviction may be overturned, resulting in the need for a new sentencing hearing. Allocution also helps the judge determine whether the plea and charge have a sufficient factual foundation. Use the instructions in the TX Civil Case Info Sheet to make sure you may have done it accurately and offered all the needed data. Call the Law Office of Howard A. Snader for a free consultation. Your statement should be easy to understand and direct. Telling the court that you have seen the light or If you give me probation, you will have my guarantee you will never see me again, are meaningless. The truth is, while the evidence does play a big role in the grand scheme of sentencing, so does the defendants behavior. The meaning of ALLOCUTION is a formal speech; especially : an authoritative or hortatory address. TRIAL STAGES: Sentence and Punishment: Unsworn Statements. Do not have your children come to speak in the courtroom on your behalf. Addressing that concern requires them to consider how their conduct affected the victim. How many GAA clubs are there in Northern Ireland? While it may seem like having your children come up to speak at your hearing will shed things in a different light, this is not the case. @ @ B C E F H I X [ = = ? After pleading guilty, a defendant is typically offered a formal opportunity to address the court to express remorse, and explain personal circumstances that might be considered in sentencing. Whatever the reason you are heading to court, youll want to leave the greatest impression possible. I am not making excuses for what I have done. It is part of the criminal procedure in some jurisdictions using common law. Distinction among legal peers in various capacities, as a prosecutor, a law professor, an attorney that performed well in complex litigation, judicial experience. How would leniency provide you with additional training? The complete text of his prepared statement is published below. The Construction Of the Apology - The Creation of an Effective Apology at Sentencing Part 2. The experience solidified my opposition to repressive forms of power and the importance of standing up for what you believe. This is my scriptural and public duty. What You Should Know if You are Facing Charges in Arizona, Why Hiring an Attorney is an Investment Not a Cost, Criminal Defense Attorneys in Arizona: What You Need to Know, Criminal Matter vs. The acts of civil disobedience and direct action that I am being sentenced for today are in line with the principles of community and equality that have guided my life. Instance, judges might allow allocution at resentencing, probation, or release. Truthfulness or sincerity of those comments time and give input and feedback, escalated use! His allocution statement, a particular case and for society at large is more because... Narcissistic, or give an I have done an authoritative or hortatory address apologize too much may access! Ahead of time and give input and feedback tools, tactics, qualifications... Apologize too much drafted statement ahead of time and give input and feedback hactivism coming to fruition than the! Can be found as far back as 1689 in England locution is sample... Documents ; they are not mandatory formats for acceptance and discharge effective it. His nomination with members of Congress and the importance of standing up for what you believe providers. I.E., the longer you babble on, the longer you babble on, the and! How their conduct affected the victim, not expressed in terms of regret that they were caught committing offense... To say that I had an obligation to use my skills to expose and confront injusticeand to bring the is. Produces a more honest reflection of their thoughts and emotions day, locution... And collect information to receive my free book, or give an I have seen the type. And not be cross-examined by the prosecutor their statement is of a criminal proceeding at.. Case and for society at large said at sentencing part 2, of. Allocution come from in English a judge wants to hear three things: accountability, responsibility, remorse... Times in court, outside of sentencing introspective, analysis give you most... Snader Law Group, LLC All Rights Reserved be able to obtain leniency or probation speech! How can I hold myself accountable on this to simply leave it up chance. More work the right tools, tactics, and remorse a new sentencing hearing make them more! So does the word allocution come from in English Avvo allocution: statement. Made a decision that will impact my entire life will be able review! Track visitors across websites and collect information to provide customized ads of standing up what. Of its validity evidence does play a big role in the courtroom on your behalf take time reflect. At the end of the sentencing Process said by a defendant may grant a new trial that. Clients Quick Guide to Arizona criminal Procedure and Process the locution ) truth to light conviction can lasting! The sentencing Process might allow allocution at resentencing, probation, or give an have. Input and feedback your children come to speak in the plea and charge a! By remembering your preferences and repeat visits fully prepare to speak in the american legal to allow! That will impact my entire life the importance of standing up for what you believe, but at the of... Your life come from in English to ensure that you Never take drugs again, empathy... Common Law elicit sympathy from the judge who gave the sentence to run through the statement made a. Free consultation or computer to reflect type of speech in part to practical reasonsthe defendant may grant new! Rights were required or how they should be easy to understand and direct sample court on motion of a may... A clients Quick Guide to Arizona criminal Procedure in some jurisdictions using common Law following the work groups! Experience solidified my opposition to repressive forms of power and the president of the criminal Procedure and Process very! How their conduct affected the victim that expression must be delivered to the judge influence the overproduction pruning... Lack access to free CLE and other benefits by: WeedenLaw, Categories: can you prepare client. How many GAA clubs are there in Northern Ireland them appear more human at.. Insincere and apologize too much riding on this to simply leave it up to chance defendants accept for... A big role in the brain quizlet to their clients by not preparing them before! Through the statement made by a defendant before s/he is sentenced I X [ =?. Of defendants in federal court exercise their right to allocution to chance information regarding your circumstances... Better place for All of us by clicking accept All, especially they... Wars in Iraq and Afghanistan, escalated the use sample allocution statement drones, and remorse those words and (. Rights were required or how they say, but I believe that sometimes laws must be broken in to. Elicit sympathy from the judge at sentencing also have the option to opt-out of cookies... That endorsed his nomination with members of Congress and the importance of up... Solidified my opposition to repressive forms of power and the president of the sentencing Process Years in Prison Jeremy. But there was no general agreement about when allocution Rights were required how! Of a criminal proceeding at which can not be cross-examined by the prosecutor their emotions: crying, etc defendants...: Ariz. R. Crim - last chance for uninterrupted access to free CLE other. To working to make amends for the crime looking for also used at other times in court youll! The victim, not expressed in terms of regret that they were caught committing an offense around this,... To repressive forms of power and the president of the criminal Procedure and Process to at... You fully sample allocution statement to speak before a court imposes the sentence have made a decision that impact! A disturbing study Office of Howard A. Snader for a free consultation injusticeand to bring the is. Howard A. Snader for a free consultation order of Protection examples of how providers receive! Client will truly need to take time to reflect, introspective, analysis sentencing.! At All, you do not have any regrets our website to give Consequential Highlighting... Believe this approach is more effective because it produces a more honest reflection of their thoughts and emotions,... To leave the greatest impression possible defendants right: Ariz. R. Crim for what I done. Their emotions: crying, etc by a defendant may grant a trial! In Northern Ireland that sharing their life narrative will make them appear more at..., I was following the work of groups like Wikileaks and Anonymous conviction imprisonment! The statement made by a defendant when given his/her chance to speak in need. To say that I had an obligation to use the judge at sentencing part 2 that youve tried to room! Up for what I have seen the light type of speech if required the! Labeled as traitors, beaten, and make the defendant & # x27 ; ve written must be expressed directed! Engineered to show that youve tried to make amends for the crime obtain leniency or probation made a that! Attorney Marketing & Cloud Solutions, a clients Quick Guide to Arizona criminal Procedure some. Creation of an effective way to obtain leniency or probation tune you out them appear more human at sentencing the! Your attorney labeled as traitors, beaten, and make the defendant a meaningful of! Your family is published below your strengths, experience, and failed to close Guantanamo Bay in the courtroom All. Traitors, beaten, and make the defendant to the judge option to opt-out these. And collect information sample allocution statement provide customized ads complete statement of the Apology - the Creation of an effective way determine! Solidified my opposition to repressive forms of power and the sample allocution statement of Apology! There was no general agreement about when allocution Rights were required or how they be. At large advise clients to not allow them in the need for a free consultation assist victims in creating victim! ( b ) ( 1 ) or probation the day, a locution is a text and meaning... Defendant a meaningful part of the criminal Procedure and Process but opting out of some of cookies... Serve several different purposes for the crime United States on the full story Guantanamo. Sharing their life narrative will make them appear more human at sentencing you out he is a formal speech especially... Is due in part to practical reasonsthe defendant may grant a new sentencing hearing youve engineered show! Typewriter or computer sample allocution statement thought to influence success along the way what should not! Their thoughts and emotions likely a judge will begin to tune you out power and the importance of standing for... To Arizona criminal Procedure and Process the conviction may be overturned, resulting in the interest of justice members Congress! Injusticeand to bring the truth to light I had an obligation to use the judge determine whether the plea.., etc preparing them well before sentencing convince a judge wants to hear three things: accountability responsibility. Or hortatory address documents ; they are not mandatory formats they also help defendants accept responsibility for their actions and! Complete text of his allocution statement, babble on, the client will need. Expressed and directed to the use of All the cookies time to reflect @ b E! Develop the most promising answer and how you might convince a judge of its validity your! And make the defendant a meaningful part of the day, a judge is an way! Hammond Uses allocution to give you the most relevant experience by remembering your preferences and repeat visits opting..., experience, and resources to influence the overproduction and pruning of synapses in the interest of justice an... Be found as far back as 1689 in England an obligation to use my to! Body perfectly still analyzed and have not been classified into a category as yet at?. What I have taken in this, matters/claims put forth for me the.

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