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Will Brian Mann ultimately be responsible for getting Raymondo out on appeal?

GALLATIN CO./US DISTRICT CT.—Talk about colossally stupid moves.

Raymond Martin, early 2010, Jackson County

Those of you who have been following Disclosure for the past couple of years, and in particular since former Gallatin County sheriff Raymond (“Raymondo”) Martin was arrested in May 2009 and went to trial in September 2010, are very familiar with the intense coverage we gave then entire case. And if you followed the case, you will remember the little incident that occurred on September 14, 2010 when all testimony ground to a halt following a little faux pas with the jury.

You can read the whole amusing incident here, but in brief, what it amounted to was that Brian Mann, accused dope dealer in Gallatin County, was one of the subpoenaed witnesses for Raymondo’s trial (as he was reportedly providing Raymondo with a lot of the weed the sheriff was moving). Mann’s wife, the beleaguered Christy, comes tooling in in the late morning when the prosecution’s star witness, Jeremy Potts, was waxing eloquent about what Raymondo had done to him. It so happened that at that time, the court was taking a break. It also so happened that the jury was missing a juror (she was lost trying to find Benton). Due to miscommunication, court security thought the ‘just here to observe’ Christy was the missing juror, and seated her with the rest of the jury for about five minutes. During that time, no one said anything to anyone, as was clarified that day after being immediately established. Christy went to retrieve court security and they removed her from the presence of the jury, with the trial being suspended until the real juror could arrive.

Brian Mann, not the brightest crayon in the box

But apparently, someone with a law degree has convinced Raymondo that this is a reversible error. And hey, a little technical glitch like this—the appointment of a special prosecutor without making a specific request and getting it approved by a judge—was what overturned Julie Rea Harper Kirkpatrick’s 2002 murder conviction in 2004 and got her a new trial, where, with the state’s case sanitized by the bleeding heart leftwingloonies from the Bluhm Legal Clinic in Chicago, a clueless jury exonerated her.

Wouldn’t that be something if it happened to Raymondo? Boy, there’d be some hell to pay in Gallatin if the former sheriff got a new trial…and a real attorney to defend him.

Fortunately, it doesn’t look like Raymondo has Bluhm Legal Clinic to help him—as was the threat back in January, upon his sentencing—but instead has a Chicago firm of Kirkland & Ellis. They might be affiliated with Bluhm….we’ll see. In the meantime, the attorneys from Kirkland and Ellis, Diana Watral and Christopher Catizone, have more complaints about the way the case went in Benton last September.

They claim “the district court committed plain error when it relied on an incorrect guidelines calculation in sentencing Mr. Martin. The PSR stated that the guidelines range was 60 months to life for Count 4 and 300 months to life for Count 5. These calculations were incorrect, for neither guidelines range stretches to include life. The proper guidelines sentence is simply 60 months for Count 4 and 300 months for Count 5. Because it is plainly erroneous to impose a sentence based on an incorrect guidelines calculation, Mr. Martin is entitled to a new sentencing.”

We’re not so sure about that. We sat and listened to explanation of sentencing, and it’s nowhere near as simple as what they’re explaining here. The guidelines on an ARMED commission of a drug crime seek enhanced sentencing, and it looks like they’re totally overlooking the fact that Raymondo was convicted, on counts 4 and 5, of unlawful use of a weapon in the commission of a drug crime. Of course, they’re not the only ones to look at this set of charges incorrectly….seems a lot of mislead (or lazy) news media wants to overlook the fact that Raymondo was sentenced to life on counts 4 and 5, not on later counts of murder for hire.

Anyway, that’s their argument, that the court (Judge J. Phil Gilbert, one of the finest judges we’ve ever beheld) erred when he let Christy Mann stay in the courtroom with her and Bryan’s attorney Paula Newcomb, and that he misapplied sentencing. In a 66-page report, they lay it out painfully and repeatedly, but that’s all there is. And if that’s the best they’ve got, they may be in trouble November 2 when the Seventh Circuit Court of Appeals in Chicago will hear the arguments.

Raymondo is in Atwater Federal Prison in California. He wants to be present when the arguments are made. Not that we blame him, but the feds probably won’t let him. However, if his attorneys are successful, expect to see and hear more from the former sheriff, as we’re apparently not done with him yet.

Short URL: http://www.disclosurenewsonline.com/?p=10271

Avatar of Jack Howser Posted by on Oct 18 2011. Filed under Breaking, Gallatin. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

88 Comments for “Will Brian Mann ultimately be responsible for getting Raymondo out on appeal?”

  1. Hell ,if Raymond gets out in time he will be Elected Sheriff again.

  2. Wonder if Julie Rea Harper Kirkpatrick is affiliated in any way with now convicted Haven Kirkpatrick? I also wonder if this means that Raymondo will not be serving life behind bars as originally sentenced? Simply gotta wonder and I suppose we will eventually be fully Disclosed. :)

  3. Avatar of T L
    T L

    What’s the track record of the 7th court Jack? The mere fact they are in Chicago makes my butt pucker a bit especially when the original court did their job getting a no good off the streets.

  4. I think you’d be right about that, Top Cat.

  5. http://youtu.be/WYqzrodPRQY Heres to Raymondo…OLD RED oughta fit the description of your days in the clinker!

  6. Avatar of SFB
    SFB

    If I was Tina I would be rethinking my position (current and future). Because with the court system in this day and time anything is possible. I agree, I don’t think this is over with, and now with her lawyer being physically and mentally incapacitated and having to have the court appoint a guardian for him, she might want to watch her ass! or it just might be her up there. ;)

  7. Who has a court appointed guardian SFB? I get confused easy.Maybe you typed it to fast for me. :)
    Hannah ,it has been said many times that there is enough people in Gallatin County that still don’t believe he was involved in any of this and it was all a set up.

    • Avatar of SFB
      SFB

      Paul Christenson, her atty, if I am understanding this right. Sorry, was in a hurry. I have a friend that has obtained him to represent her son from a year ago and they were told they could possibly drag it out for three years or hire an attorney, they have opted for another atty, and Mr. Christenson is not cheap!

      • I wonder if she still has her mailing address at her mom and dads or if she ever did. I guess she could have a PO Box.. If the authorities in GC know this is all going on, wouldn’t they be able to contact Jackson Co. SA to report this? At least maybe give them the heads up on what she’s doing..or alleged to be doing? I just think she’s getting by with a whole lot that the average person wouldn’t be able to. Know what I’m sayin? Especially since the Feds have been involved. It just isn’t adding up to me..

        • You know what I wonder is how she is affording to live on her own? I mean I kind of understood how she was living away from mom and dad when she lived in the house Cody lived in and and also when she lived with Tony. However, since she is without Tony’s money (I assume) I don’t see where her money is coming from? We (the working ppl) are probably paying her rent, food, childcare expenses…even though we were prob. doing that even when she was married to the ex sheriff. According to word on the street she is babysitting. My kids are all grown and married but if they were still young there is NO way I would let her babysit. My luck she would have my kids with her and the Feds would finally swoop down and arrest her. I mean they arrested her the first time with Megan and Trey at the jail while she was visiting Raymond. I have been at Hardware and the legion many times when she was and just don’t understand how she can act like she doesn’t have a care in the world. Where are her kids when she is out partying and now that she doesn’t have her sugar daddy how is she going to pay for drinks and running around. I heard from a buddy at Hardware that Tony finally got tired of her shit. Maybe he sees that the end is near for Mrs. Martin and you have to be married to have conjugal visits in prison(if she goes to one that would allow it). If Raymond were to get an appeal could they make Tina testify since they are no longer married?

          • Avatar of SFB
            SFB

            Really, as of last week a family member of his said that she was living there, her and Trey. So are they really not together anymore???

          • Avatar of SFB
            SFB

            Doube check this info…. :p

          • SFB-She has a house in Shawneetown and I was told my credible sources that they weren’t together. With the way she is though they could have had a tiff and her move out and now they are back together. However, she and Trey are definitely living in Shawneetown. WTH, why is she not having to still live with mommy & daddy?? I have to say I am glad to see that I am not the only one that is irritated with her blatant disregard for the law and the rules of her bond. I thought I was a loner for awhile.:)

    • Hey Top Cat, I’ve pretty much heard the same thing. He was well liked by many, no doubt about it. But for whatever reason, I guess we’ll never know for sure. I don’t think however, this deal is over and done with. Do you?

      • Hannah, I have wondered ever since Tina was not being made to abide by the terms of her bond, how she can get by with it & act like she has no worries at all? You know Raymond had to have known, being in LE, that conversations are taped. Wouldn’t you think? You’re right! I don’t think it’s over either. I know I’m not Top Cat(lol), but just read your comment. I hope you’re doing okay (angel). I sure am not enjoying this wet, cold weather, are you? Sunshine is on the way though. YAAAAH! ;)

        • Why isn’t Tina having to abide by the terms of her bond? Would GCO LE be informed of the terms of her bond and be at least partially responsible for keeping an eye on that? I think she has a court date coming up wonder what is going to happen with that? I don’t get why so many GCO ppl are treating her like she hasn’t done anything wrong. I have been at her boyfriend’s bar SEVERAL times and she was Miss Popularity. She was with several questionable ppl if you ask me. Hell, maybe she has always been friends with them and just now has decided to go public with the friendships.

          • Hell, you know they know the terms of her bond. I have questioned this whole cluster f**k of that since she moved out of her mom and dads house. I mean, seriously, GC isn’t that big that the PD wouldn’t be able to keep an eye on her and know she isn’t staying there, hitting the bars and no telling what else. I’m thinking I read somewhere where her court date was moved til next year. I may be wrong, but I’m almost positive I did read it from a commenter on here. If this doesn’t make sense…sorry bout that. I’m watching the World Series as I’m typing. ;)

          • Avatar of SFB
            SFB

            I believe for her bond to be revoked because of a violation, the Jackson Co. states atty would have to file a motion to revoke her on whatever grounds, (not living at where she is supposed to be, instead of living with Tony), (not working legitimately), etc…. Since she’s not behind bars if she ever does go to prison(which she ought to) she will have no previous time served and (her time will start from day one), since she’s out running around, she’s an idiot!!!

      • Hannah, that dog gone ghost grabbed my comment to you.. :) ..He’ll let me go soon, I guess.He seems to be grabbing more&more people since it’s getting close to Halloween… 8)

      • Hannah, Our Ghost is still holding me captive for over two hours now…make a comment and see if you can join me there…LOL! Dennis or O.F., why don’t you see if one or both of you get caught by the Ghost??? :) Must be my turn today…(sigh)

      • GRRRR…He got that last one too! It is definitely my turn today… :D

  8. No Hanna but it will be a while before the fat Lady sings.

    • Yeah, could be Top Cat, but that’s what we’ll all be waiting for…right?

      Hey Sweets, lots going on in my world. Not good weather for broom traveling either. I’m about sick of this wet weather too. This forum has been too quiet as well. Guess we’re all either too busy getting ready for winter or we’re tied up with the ghost. I’m doing okay though. Haven’t seen much of eileen lately. Think she might be hibernating already? ha.

  9. I can even say dirty words sometimes but mention the word boycott or something and it goes into moderation LOL

  10. To many are tired of the waiting game Hannah.It is makeing the Gov. look bad.But I guess they care less about what we think.
    I been wondering what has happened to eileen to .I miss her comments.

  11. Of course I would miss you Sweets!Hannah are you and Sweets suggusting the Gal.Co. Law Enforcement ,as they love to be called instead of Cops, actually do their job? Are you crazy?

    • Hey Top Cat, I’ve been called a lot of things, but never crazy…I don’t think. I’m laughing though, because I just might be. Aren’t we all, to a certain extent?
      I honestly think that the newly elected young sheriff is clean. How long he can stay that way remains to be seen. I also think you know as well as I do who pulls the strings in that county. I think his hands are tied and he can only do so much, no matter his good intentions. No doubt, before his term is over, he’ll have a different attitude if he isn’t sick to death of that job.

      Sweets, Tina is a red hot tater right now…and I mean that in more ways than one. It isn’t that she’s “untouchable”, because she’s very vunerable to just about anything. She just isn’t smart enough to know it. She’s lost…doesn’t have a clue. She knew what Raymond was doing from the get-go. She’d been living high on the hog for a good while, now she’s reduced to struggling. I’m amazed if she’s still with Tony (which I honestly have no clue about that). He usually doesn’t keep one around for long, does he?

  12. I can’t speak for Hannah, but personally, I don’t think they are. I guess I should have just said they seem to be turning a blind eye to her actions(or lack thereof)by not making sure she abides by the terms of her bond. There has to be a reason why and we probably won’t know for a very long time, if ever. What I meant by my comment about GC being small, is that she and Raymondo have been the biggest news happening there for a couple of years now and it’s still going on. And, it wasn’t just around this area that heard about it, it was across the nation. Sure they have other crims there they have to keep an eye on(cough cough), but Tina(IMO) is at the top of the leader board and that’s who they should be watching very closely. For reasons unbeknownst to us, they seem to be acting deaf, dumb and blind though. Maybe, in due time, we shall all find out. I have my theory, but will refrain for the time being to say.

    • Maybe she has her way of making LE turn a blind eye to her behavior?? Maybe she knows about some involvement by current LE?? Maybe LE is afraid if they do something about Mrs. Martin’s bad behavior Tina and Raymondo will get the plan of a hit right this time??? I’d love to know your theory.:)

      • Avatar of SFB
        SFB

        me too…. I wonder how come the two she was gonna have knocked off haven’t raised hell about her, unless they are cooperating.?.?

        • SFB-Interesting! I had never even thought of that aspect of it. If I were them I would be raising hell wiht LE unless there is something much bigger in the works!

          • Avatar of SFB
            SFB

            I mean, hell if someone was gonna have me killed and the crazy bitch was still running around, I’d be making sure her ass was revoked every time, until they kept her there, and held her till trial, then we’d see how fast this case would move and maybe not be stalled. :D

          • I will go on record here to say I do not know any of the persons involved with this saga, only from what I have read here & other places and peoples comments.
            There really is no telling how long the Feds were watching and observing before all of this went down. Personally, I would think that they would have been watching and observing every aspect of Raymondo’s life and anyone who was in it(wife,kid, family, etc). And while it’s understandable they were after him since he was in LE, this was not small potatoes he was doing. I just wonder why they didn’t have surveillance of his(and Tina’s)comings and goings everywhere. I mean, c’mon, they were married, so wouldn’t you think they should have been watching her too as BIG as this was? I don’t think Raymondo is the “Big Fish” in the pond here. Of course, he was involved and has been found guilty. I just think there are much “Bigger Fish” to fry here and I’m sure many will agree with that.
            If Tina is as money hungry and materialistic as people have stated(again, I do not know her),money and GREED is the root of all evil. Theoretically speaking here, what if she knew all along that he(Raymondo) was being watched? It just really boggles the mind why she is acting like SHE is above the law, ya know? If you take everything into account with Raymondo stating that he never put the house in her name because he was afraid she would leave him and claim it in a divorce, the taped conversations of trying to off a couple of guys and her behavior now, it just really makes no sense whatsoever. If, theoretically, she had knowledge beforehand, she would have had plenty of time to save and put back money for the aftermath..maybe, as everyone says, it will all come out in due time. Otherwise, it will be one of those unsolved & unresolved mysteries no one but those involved, will ever know..idk

            I’m sure the Ghost will grab this since it is so long…lol :)

          • It’s very interesting that this month’s “Back Over Your Tales” installment is the first of three articles we did about Raymondo and the rumors that he was running dope. Several people literally put their lives on the line to tell us what they knew about Raymondo’s grow operation and distribution tactics in order for us to produce that series. We had already been thrown out of Shawneetown by November 2006 (after producing two fact-filled articles about Scates and their ‘migrant workers’); the series about Raymondo got us thrown out of all other locations in Gallatin County except Ridgway Quick Mart—they refused to give in, bless their hearts. This article was very highly anticipated, as a state police source had told us in March of 2006 that there had been voting irregularities in the Primary and it was being investigated; we wrote that and were threatened heavily, but that was nothing compared to what happened after we wrote about the pot delivery business. To my recollection, two of our sources did turn up dead in the months after their interviews; one of them we wrote about in this current month’s issue (you’ll just have to go out and get one, read it through, then try to figure out exactly who he was) and the other died a few months later; both of them were determined to be of “natural causes.” There were a few others over the next 3 years who died either of ‘natural causes’ or ‘unexpectedly’….but all of them were involved with Raymondo to some extent. I know the authorities are aware of this, and are concerned about it, but apparently there’s nothing they can do. All I can say is, if Raymondo’s case gets overturned on a technicality, and he gets a new trial and is exonerated, there is going to suddenly be an influx of dead bodies in Gallatin once again….so you all had better put up someone to run against Tony Cox for coroner, because some of these people who just up and ‘dropped dead’ didn’t have a thing in the world wrong with them.

          • AH….The Ghost didn’t grab that one.. ;)

          • Jack, we get the print edition in the mail. I recall a couple of the names that died of ‘natural’ causes or ‘unexpectedly’. What struck me odd was their ages and ‘natural’ cause. The ‘unexpectedly’ didn’t for reasons that I am sure people have drawn their own conclusions with or why. I believe, if I am recollecting right, there was also an apparent ‘suicide’(gunshot to the head?)who may have known to much, after Raymondos arrest.
            The voting irregularities…umm, yeah! I remember reading about that too. Some of the ‘voters’ were deceased and had been for awhile, but yet, they voted anyway. I’m sure it wasn’t one of the stories we hear about or see on TV..”Talking or Speaking from the Grave”.
            I can honestly see why you guys were thrown out of that county. I don’t mean that in a bad way either!!! When small counties, towns and communities are full of corruption they do not want exposed or disclosed, they will do anything and everything to hide all their dirty little deeds & secrets if an outsider puts a little heat under their feet and get to close to the truth. I’m sure Denny, you & Ang can attest to this as it was done to Denny when he was seeking re-election for sheriff. Denny wanted the corruption out of there & had too many against him since he was trying to clean the place up and do what was right. Corruption is everywhere! It just goes unnoticed in larger cities and such. Well, maybe not unnoticed..just harder for LE to actually uncover it since they have their hands full…or their hands in it….whichever the case may be.

          • There were TWO ‘apparent’ suicides, one in the summer of 2007 after we’d finished the series, than another about two years later. In that time, there was also one ‘mysterious’ drowning in the Ohio on a location where the guy should have known better than to try to get into the water….they tried to pass it off that he was drunk, but they refused to conduct toxicology tests. That was suspicious as hell and screamed for an investigation…but there was really no one to do it.

          • If you take a stand against corruption you will be made a fool of in most areas. The deal with Raymondo surprised me after seeing what Sonny McCulley got buy with here in Wayne County. I am not gonna be shocked if he comes through an appeal and wins it. I am hopeful he doesn’t but I would like to say common sense is in all courtrooms, however the fact remains that common sense is far from being found in most courtrooms.

  13. Well I am hoping the messages are going through with no problems. Been having all kinds of internet mayhem. I dont know what messages can be seen by others and what ones cannot. I hope all are enjoying this day and hoping that we hear from a bunch of you.

  14. So what exactly will happen on November 2nd? Do his attorneys go before the Court of Appeals in Chicago? How long of a process is this normally? Also, wonder who the average citizen would report to about Tina and failure to abide by the terms of her bond? I think she has pushed the limit and got away with disregarding them too long. Wonder where she is getting the money to live on her own? I have said before that I have my ideas but I seriously do wonder where her money is coming from.

    • His Chicago-area attorneys will take it to the appeals court up there. It’s unknown whether he will be there or not, but I don’t think he HAS to be. It usually takes months to get a decision, but they might be able to talk the judges into expediting things, since there hasn’t been a decision made on the house and money. If the bleeding-heart liberal judges can seize an opportunity to make a name for themselves by holding off giving the house and money to the feds, and ultimately in a perfect world being able to exonerate Raymondo and return all of that to him, they’d really feel all warm and fuzzy about themselves, wouldn’t they? I shudder to think about how the appellate judges felt about Julie Rea when they overturned the case of that murdered little boy….

  15. This could get interesting. I just wonder what would happen if they call Tina to testify either for or against him, since they can now that they are not married. Will she stand by her man with Total Eclipse of the Heart or will she go the other way and prove how guilty she was in the whole mess. Poor, poor, Tina….what will she do??????????? I am amazed at all the people who are mad about her running around like she is a normal Gallatin County citizen. I guess you all need to call Jackson County if you want justice served because the LE of Gal Co will not do anything. I really thought SB would have more balls than this.

    • I think it will get very interesting. I wish they would make her get on the stand since they are no longer married. I don’t know who she thinks she’s kidding by running around like nothing happened. She might have a few actual friends/supporters but I think the majority of GCO is repulsed by her behavior and those that aren’t totally repulsed are just using her as a free babysitter/errand girl. The days of poor pitiful Tina need to be over. Hell, they never should have started. If you listen to those taped phone calls you KNOW that Tina was involved and knew exactly what she was doing. I also agree that it will take phone calls to Jackson County for anything to be done about her bond violation. I was hoping SB would make her abide by them but obviously he is either too scared to or just doesn’t care. I for one am very disappointed in GCO LE. They seem to be turning a blind eye to the whole matter. In fact they are turning a blind eye to many things. We all hoped that with Raymond out of the picture Gallatin County would get cleaned up and laws enforced regardless of what your last name is or how much money you have. It is business as usual with the drugs, drinking and violating bond as well as probations. I will get off my soap box for now because I start days tomorrow and am calling it a night. ;)

      • Avatar of SFB
        SFB

        If everyone would call the Jackson Co States Atty and keep bitching about why her bond has not been revoked maybe the States Atty will get tired of the calls and issue a warrant, the sherrif cannot do anything until a motion is filed with the court (unless he wants to call and give his spill to them), to support the bond revocation.

  16. Jack, I am a long time Disclosure fan and I actually read your paper years ago when you ratted out the Scates and Raymond Martin. I am sure your papers got pulled from the shelves back then because no one wanted to believe it, or accept it…no one wanted to believe that things like that were going on in little ol Gallatin County. I remember reading the paper years ago about the man who came across the barn of pot that Rayond had stored….and it was a barn full of pot if I remember it correctly. And I was sick by all of it because I had to witness him shaking hands with every eighth grade student who “graduated” through his DARE program. And then later I hear that dare money that was suppose to go to the school never made it there but bought TINA AND FAMlILY sweatshirts and other “things” that she proudly wore to ballgames etc…. She even wore her sweatshirt to ballgames on the Gallatin County Grounds, while smoking on cigs with her mom when it was CLEARLY AGAINST THE LAW. I have to say that I place a lot of the blame on the LE of Gal Co that they have not and will not enforce the law when it comes to her and did not with Raymond. If he does get his appeal and gets off in another trial, the blame should be on the LE and the ignorance of the community and the people of Gallatin County.

    • I have witnessed exactly what you are talking about and it sickened me then and continues to. I just don’t get GC LE idly sitting by and not doing anything. However, I will never believe that they didn’t know about what all was going on. I understand that they “feared” for their safety and didn’t feel they could turn him in or have enough to turn him in. HOWEVER, these are the same LE officials that are serving and protecting our community now. It makes one worry that if they are the ones protecting us and they didn’t have the guts or moral character to enforce the law regardless of who was breaking it what makes us think that we are any safer today? I don’t think the drug, drinking, or burglary problems are any better now than when Raymond was sheriff. Now, it is just other people carrying on where he left off. I know every county in Illinois probably has LE problems but surely somewhere there are sheriffs, cops, and prosecutors that actually do the job they were elected or hired to do. I think there are one or two LE (state & town, not county) that live in GC that actually care about the citizens. They are probably not the most popular. However, popularity is not a job requirement for them. They actually do their job whether they piss off people or not. So I try to look at the glass as half full instead of half empty but everytime I see Mrs. Martin running around like little Miss Popularity it still makes my blood boil. Btw-any news on the John B. case?

      • John B. has been moved forward, I think to December. He’ll probably take a plea. Which is sad, because a trial would be so much more fun.

        We interviewed six people about the Raymond Martin story and spent several months on it before it broke. During the investigation time, one person died of ‘natural causes.’ Then about three months after the third installment ran, the second person died of ‘natural causes.’ This was the person who advised about the pole barn. I don’t know that that pole barn was ever found by the feds. From what I understand, after the contractor guy stumbled upon it, all the dope (there was more than pot, btw…there was quite a load of pills in there, too) was swept out and moved to other locations, and to my way of thinking, I’d bet that thing was dismantled and the concrete floor dug up and there was some kind of LEGAL crop growing on it next season. That was just too much for Raymondo to be taking chances with. The feds personally told us they never found this building. I figure you’re not gonna find it if it DOESN’T EXIST.

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