While waiting for the officers to arrive, Saylor returned to the truck. Restoration Magazine Get free summaries of new US Supreme Court opinions delivered to your inbox! 435 U.S. 191, 212 (1978). We are not convinced by this argument. On June 1, 2021, the Supreme Court issued a decision overturning the Ninth Circuits decision, and ultimately, upholding the inherent authority of Tribal Nations to stop and detain individuals on a reservation when reasonable suspicion arises that they have committed a crimeregardless of whether they are Indian. digest from follow.it by filed. (Corrected brief submitted - March 22, 2021), Brief amicus curiae of Citizens Equal Rights Foundation filed. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. Id., at 1142. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. First, we said that a tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements. Ibid. The NIWRC pointed out that with this authority, Congress is currently taking action to affirmnot restrictTribal authority. In answering this question, our decision in Montana v. United States, ABOUT Waiver of right of respondent Joshua James Cooley to respond filed. Motion DISTRIBUTED for Conference of 3/19/2021. See Oliphant v. Suquamish Tribe, filed. LUMEN CHRISTI HIGH SCHOOL. The Ninth Circuit affirmed. Joshua James Cooley Case Number: 17-30022 Judge: Berzon Court: United States Court of Appeals for the Ninth Circuit on appeal from the District of Montana (Missoula County) Plaintiff's Attorney: Leif M. Johnson Defendant's Attorney: Eric Ryan Henkel Description: 95a. Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk. 450 U.S. 544, 566 (1981); see also Strate v. A1 Contractors, When the jurisdiction to try and punish an offender rests outside the tribe, tribal officers may exercise their power to detain the offender and transport him to the proper authorities; the authority to search that individual before transport is ancillary to that authority. Photos. The Court then cited the NIWRCs brief, which contained the statistic that more than 70% of residents on several reservations are non-Indian, to support that because most of those who live on Indian reservations are non-Indians problems with interpreting when the apparent standard is met could arise frequently.. If left untouched, the brief argued, the Ninth Circuit standard would be nearly impossible to implement consistently and would serve only to incentivize criminals to lie about their identity. You can reach Joshua James Cooley by phone at (541) 390-****. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. Saylor spoke to the driver, Joshua James Cooley, and observed that Cooley appeared to be non-native and had watery, bloodshot eyes. (Corrected brief submitted - March 22, 2021), Brief amicus curiae of Citizens Equal Rights Foundation filed. Even a cursory review of Duro and Strate, however, reveals that [the Supreme Court] did not recognize that Indian tribes possess the broad authority to detain, investigate, search, and generally police non-Indians. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Cooley adds that federal cross-deputization statutes already grant many Indian tribes a degree of authority to enforce federal law. Saylor was directed to seize all contraband in plain view, leading Saylor to discover more methamphetamine. Quick Facts 1982-06-1 is his birth date. Joshua Cooley, 33 Resides in Houston, TX Lived In Spring TX Related To Ashley Cooley, Benjamin Cooley, Jozelle Cooley, Thomas Cooley Also known as Josh Cooley, Cooley Josh Includes Address (2) Phone (1) Email (1) See Results Joshua Blake Cooley, 37 Resides in Colorado Springs, CO Lived In Lubbock TX Related To Nathanael Cooley 19-1414 . Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk. Jesse Cooley. This category only includes cookies that ensures basic functionalities and security features of the website. Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. Principal at Tipton Hills Adult Foster. (Distributed), Brief amicus curiae of National Association of Criminal Defense Lawyers filed. The District Court then granted Cooleys motion to suppress the drug evidence and the United States appealed the decision to the Ninth Circuit Court of Appeals. Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk. United States Court of Appeals for the Ninth Circuit, Petition for a writ of certiorari filed. Motion to dispense with printing the joint appendix filed by petitioner GRANTED. The Supreme Court of the United States heard oral arguments on Tuesday in United States v. Cooley, a case thatoccurs both literally and figuratively at the intersection of American and tribal law. The Cheyenne people and cultural lifeways are beautiful and thriving here. Contact NIWRC Record requested from the U.S.C.A. 532 U.S. 645, 651 (2001), there confirming that Strate did not question the ability of tribal police to patrol the highway.. The NIWRC main office resides on the ancestral lands of the Tstshsthese andSo'taeo'o (Cheyenne) People. Gorsuch, leaning toward the respondent, pushed back and wondered why a Terrystop was even lawful. We believe this statement of law governs here. I join the opinion of the Court on the understanding that it holds no more than the following: On a public right-of-way that traverses an Indian reservation and is primarily patrolled by tribal police, a tribal police officer has the authority to (a) stop a non-Indian motorist if the officer has reasonable suspicion that the motorist may violate or has violated federal or state law, (b) conduct a search to the extent necessary to protect himself or others, and (c) if the tribal officer has probable cause, detain the motorist for the period of time reasonably necessary for a non-tribal officer to arrive on the scene. Crow Police Officer Saylor approached a truck parked on U.S. Highway 212, a public right-of-way within the Crow Reservation in Montana. Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed. These cookies will be stored in your browser only with your consent. Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020. Brief amicus curiae of Indian Law Scholars and Professors filed. for the Ninth Circuit . View Joshua Kenneth Cooley results including current phone number, address, relatives, background check report, and property record with Whitepages. REASONS FOR DENYING THE PETITION; This case does not present an important question . The Ninth Circuit concluded that Saylor had failed to make that initial determination here. Justice Alito filed a concurring opinion. Managed by: matthew john benn: Last Updated: March 12, 2015 Motion to dispense with printing the joint appendix filed by petitioner United States. Reply of petitioner United States filed. JusticeClarence Thomas altered the fact scenario and asked Henkel if a tribal officer has the authority to detain a non-Indian who fit the description of a known serial killer. However, the where andthe who are of profound import. We have subsequently repeated Montanas proposition and exceptions in several cases involving a tribes jurisdiction over the activities of non-Indians within the reservation. Brief for United States 2425. Motion for leave to proceed in forma pauperis filed by respondent GRANTED. Waiver of right of respondent Joshua James Cooley to respond filed. or via email. The 9th Circuit decision is now being reviewed by the Supreme Court. The arguments, which took place via teleconference, lasted about an 1 hour and 10 minutes. See Duro, 495 U.S., at 693 (noting the concern that tribal-court criminal jurisdiction over nonmembers would subject such defendants to trial by political bodies that do not include them); Plains Commerce Bank, 554 U.S., at 337 (noting that nonmembers have no part in tribal government and have no say in the laws and regulations that govern tribal territory). brother. 9th Circuit is electronic and located on Pacer. See, e.g., Michigan v. Bay Mills Indian Community, Late at night in February 2016, Officer James Saylor of the Crow Police Department was driving east on United States Highway 212, a public right-of-way within the Crow Reservation, located within the State of Montana. They are overinclusive, for instance encompassing the authority to arrest. Reply of petitioner United States filed. (a)As a general proposition, the inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe. Montana v. United States, The brief was the NIWRCs eighth amicus brief filed pursuant to the VAWA Sovereignty Initiative, aimed at educating federal courts, including the United States Supreme Court, on the connection between sovereignty and safety for Native women and protecting the Violence Against Women Acts restoration of Tribal sovereign authority to prosecute non-Indian offenders. Nancy Cooley. Brief amici curiae of Current and Former Members of Congress filed. Menu Log In Sign Up Similarly, the Court has held that when the jurisdiction to try and punish an offender rests outside the tribe, tribal officers may exercise their power to detain the offender and transport him to the proper authorities. Duro v. Reina, 9th Circuit. In addition, the Court sees nothing in existing federal cross-deputization statutes that suggests Congress has sought to deny tribes the authority at issue. NativeLove, Request Technical Assistance NOTICE:This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. 0 Reputation Score Range. You're all set! the health or welfare of the tribe. Id., at 566. Cooleys argument before the District Court was that the evidence of contraband seized by the Crow police officer during the search was inadmissible because the Tribal officer did not possess the requisite authority to seize him. We reiterated this point in Atkinson Trading Co. v. Shirley, As the NIWRC pointed out, the very highway where Crow police stopped James Cooley runs through Big Horn County, where cases of 32 and counting missing or murdered Native women or girls have occurred, making Big Horn County one of the counties with the highest rates of homicide of Native women and girls in Montana, and among the highest nationwide. Alito, J., filed a concurring opinion. mother. Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. 15 Visits. (internal quotation marks omitted). Motion for an extension of time to file the briefs on the merits filed. Brief amici curiae of National Indigenous Women's Resource Center, et al. Because many reservations are home to a predominantly non-Indian population, including many of the 26 VAWA-implementing Tribal Nations, the Ninth Circuits unworkable standard for Tribal law enforcement in effectuating stops of non-Indians suspected of committing a crime on reservations threatened to jeopardize Native womens safety further. Argued. Waiver of the 14-day waiting period under Rule 15.5 filed. The time to file respondent's brief on the merits is extended to and including February 12, 2021. (Corrected brief submitted - March 22, 2021). Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. Lame Deer, MT 59043 Such threats may be posed by, for instance, non-Indian drunk drivers, transporters of contraband, or other criminal offenders operating on roads within the boundaries of a tribal reservation. (Distributed). Elisha Cooley. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. Record from the U.S.C.A. Congress purposefully extended VAWA jurisdiction not only to lands held in trust, but all lands within the bounds of a reservation. Holding: A tribal police officer has authority to detain temporarily and to search a non-Native American traveling on a public right-of-way running through a reservation for potential violations of state or federal law. Saylors search and detention, however, do not subsequently subject Cooley to tribal law, but rather only to state and federal laws that apply whether an individual is outside a reservation or on a state or federal highway within it. Reply of petitioner United States filed. Saylor saw a truck parked on the westbound side of the highway. Joshua James Cooley, Joshua J Cooley. Saylor also saw in the truck a glass pipe and a plastic bag that contained methamphetamine. Breyer, J., delivered the. Motion DISTRIBUTED for Conference of 3/19/2021. (Response due July 24, 2020). When pressing Henkel, Justice Kavanaugh seemed interested in crafting a limited remedy in order to do no harm so the court might issue a narrow result and not create broad ripple effects. Henkel rejected this offer, saying the cases cited by Kavanaugh were dicta that have been misrepresented by the government. Motion for leave to proceed in forma pauperis filed by respondent GRANTED. 39. Motion to dispense with printing the joint appendix filed by petitioner United States. Ortiz-Barraza v. United States, 512 F.2d 1176, 11801181 (CA9 1975). brother. At the district court level, Cooley sought to suppress evidence of contraband seized by a Crow Nation police officer who came across Cooley while patrolling the Crow Reservation. Cooley, a case that occurs both literally and figuratively at the intersection of American and tribal law. The first requirement, even if limited to asking a single question, would produce an incentive to lie. Brief amicus curiae of Indian Law Scholars and Professors filed. Cooley, 919 F.3d 1135, 1139-1141 (9th Cir. It added that a tribal police officer nonetheless could stop (and hold for a reasonable time) a non-Indian suspect, but only if (1) the officer first tried to determine whether the person is an Indian, and, if the person turns out to be a non-Indian, (2) it is apparent that the person has violated state or federal law. The unworkable standard the Ninth Circuit created would have significantly impaired the ability of Tribal law enforcement to address crimes of domestic violence and assaults perpetrated by non-Indians in Tribal communities. Though the Ninth Circuit decision threatened to impede the work of the NIWRC and other advocates of increased Tribal criminal jurisdiction, the Cooley decision is a welcome reminder that the NIWRCs VAWA Sovereignty Initiative constitutes a powerful tool for educating members of the United States Highest Court on the critical relationship between sovereignty and safety for Native women. (Distributed), Brief amicus curiae of National Association of Criminal Defense Lawyers filed. View Joshua G Cooley results including current phone number, address, relatives, background check report, and property record with Whitepages. The District Court granted Cooleys motion to suppress the drug evidence. In doing so we have reserved a tribes inherent sovereign authority to engage in policing of the kind before us. Saylor spoke to the driver, Joshua James Cooley, and observed that Cooley appeared to be non-native and had watery, bloodshot eyes. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. And we hold the tribal officer possesses the authority at issue. But opting out of some of these cookies may affect your browsing experience. The second requirement introduces a new standard into search and seizure law and creates a problem of interpretation that will arise frequently given the prevalence of non-Indians in Indian reservations. The probable-cause-plus standard issued by the Ninth Circuit meant that Tribal police, such as the Crow officer who searched James Cooley, would have to inquire from a suspect whether they were Indian before proceeding with a search. Believing the occupants might need assistance, Saylor approached the truck and spoke to the driver, Joshua James Cooley. See, e.g., Plains Commerce Bank, 554 U.S., at 328330; Nevada v. Hicks, ), Judgment VACATED and case REMANDED. For these reasons, we vacate the Ninth Circuits judgment and remand the case for further proceedings consistent with this opinion. Barrett then wondered why tribal authorities have the ability to conduct a temporary Terrystop but not conduct an arrest. Argued. 0 Reputation Score Range. Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed. We have previously noted that a tribe retains inherent sovereign authority to address conduct [that] threatens or has some direct effect on . Joshua Cooley, 1924 - 1986 Joshua Cooley 1924 1986 North Carolina North Carolina Joshua Cooley was born on month day 1924, at birth place , North Carolina, to James Cooley Joshua Cooley January 24, 2020 in Uncategorized tagged BIA Cases by biahelp FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 89. Motion to appoint counsel filed by respondent Joshua James Cooley. Monthly rental prices for a two-bedroom unit in the zip code 80229 is around $1,510. Brief amici curiae of Cayuga Nation, et al. Brief of respondent Joshua James Cooley in opposition filed. The Ninth Circuit denied the Governments request for rehearing en banc. brother. Cooley was charged with crimes in federal court, and moved to suppress the evidence as the fruit of an illegal search. DISTRIBUTED for Conference of 11/20/2020. These cookies do not store any personal information. Brief of respondent Joshua James Cooley in opposition filed. The District Court agreed with Cooleys argument and found it is unreasonable for a Tribal police officer to seize a non-Indian suspect on a public right of way that crosses the reservation unless there is an apparent state or federal law violation. Even though the officer observed that Cooleys eyes were bloodshot and watery, and two firearms were in plain view in his truck, the District Court concluded that none of these factors individually, or cumulatively, were enough to constitute an obvious state or federal law violation, and therefore the Tribal officer had no authority to seize the contraband. (Response due July 24, 2020). See, e.g., Brief for Current and Former Members of Congress as Amici Curiae 2325; Brief for Former U.S. Attorneys as Amici Curiae 2829. Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on June 1, 2021. Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. The officer also noticed that Cooleys eyes were bloodshot. (Appointed by this Court. The brief argued that this is plainly seen in the perils many Tribal Nations face because of the Missing and Murdered Indigenous Women and Girls (MMIWG) crisis on Tribal lands. Not the right Joshua? None of these facts are particularly unusual or complex on their own. Pp. See more results for Joshua Cooley. . Even though Congress recognized in VAWA 2013 that the Tribal police of a VAWA-implementing Tribe have full authority to arrest non-Indians who commit domestic violence crimes on a reservation, the Ninth Circuit standard in Cooley would leave an open-ended question as to whether Tribal police would have to ascertain the suspects Indian status before effectuating a Terry stop, even if they had reasonable suspicion that the suspect committed a crime of domestic violence. The Ninth Circuit panel wrote that tribes cannot exclude non-Indians from a state or federal highway and lack the ancillary power to investigate non-Indians who are using such public rights-of-way. 919 F.3d 1135, 1141 (2019). In response, Cooley cautions against inappropriately expand[ing] the second Montana exception. Brief for Respondent 2425 (citing Atkinson, 532 U.S., at 657, n.12, and Strate, 520 U.S., at 457458). See Brief for Respondent 12. Brief amici curiae of Lower Brule Sioux Tribe, et al. Due to their incorporation into the United States, however, the sovereignty that the Indian tribes retain is of a unique and limited character. United States v. Wheeler, See, e.g., Plains Commerce Bank v. Long Family Land & Cattle Co., Henkel settled on a version of a standard reached by the Ninth Circuit which he phrased as an active breach of the peace.. Because these provisions do not govern violations of state law, tribes would still need to strike agreements with a variety of other authorities to ensure complete coverage. The NIWRCs brief in support of reversal highlighted the fact that significant portions of many reservations across the United States consist of non-Indian fee lands, and the Ninth Circuit was incorrect to characterize the checkerboard nature of reservations as unique or particular to the western United States and the Crow Reservation. Breyer, J., delivered the, Heidepriem, Purtell, Siegel & Hinrichs, LLP, Party name: Lower Brule Sioux Tribe, the Flandreau Santee Sioux Tribe, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, Federal Public Defender, District of Arizona, Party name: National Association of Criminal Defense Lawyers, Party name: The Ninth Circuit Federal Public and Community Defenders, Party name: Citizens Equal Rights Foundation, Party name: Former United States Attorneys, Party name: National Indigenous Women's Resource Center, Patterson Earnhart Real Bird & Wilson LLP, Party name: Ute Indian Tribe of the Uintah and Ouray Reservation, Party name: Indian Law Scholars and Professors, Party name: National Congress of American Indians and Other Tribal Organizations, Party name: Current and Former Members of Congress. filed. Reply of petitioner United States filed. More broadly, cross-deputization agreements are difficult to reach, and they often require negotiation between other authorities and the tribes over such matters as training, reciprocal authority to arrest, the geographical reach of the agreements, the jurisdiction of the parties, liability of officers performing under the agreements, and sovereign immunity. Fletcher, Fort, & Singel, Indian Country Law Enforcement and Cooperative Public Safety Agreements, 89 Mich. BarJ. the health or welfare of the tribe. Montana v. United States, Donate, By Mary Kathryn Nagle, Cherokee Nation, Pipestem & Nagle Law, Counsel to NIWRC, and Julie Combs, Cherokee Nation, Associate Attorney, Pipestem & Nagle Law, Update on United States v. 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The Supreme Court expressed doubts about the workability of the Ninth Circuits ruling, noting that requiring Tribal police to ask suspects a threshold question regarding whether they were Indian would produce an incentive to lie. Further, the Court found the apparent violation standard would introduce a wholly new standard into search and seizure law with no guidance as to how the standard would be met. Main Document: Oct 28 2020 Eventually fearing violence, Saylor ordered Cooley out of the truck and conducted a patdown search. (Distributed). Brief amici curiae of National Indigenous Women's Resource Center, et al. DISTRIBUTED for Conference of 11/13/2020. brother. Henkel argued there isnt a remedy beyond exclusion of evidence, which appeared to be the answer Gorsuch was looking for. Main Document Proof of Service. JusticeSamuel Alito appeared equally skeptical of the governments and Henkels claims pressing the government on the broader argument they appeared to be making while not necessarily disagreeing with the conclusion the government sought. While that authority has sometimes been traced to a tribes right to exclude non-Indians, tribes have inherent sovereignty independent of th[e] authority arising from their power to exclude, Brendale v. Confederated Tribes and Bands of Yakima Nation, Instead, Justice Breyers opinion went further, and re-affirmed the constitutional authority of Congress to restore the Tribal jurisdiction that Oliphant previously erased, once again concluding that [i]n all cases, tribal authority remains subject to the plenary authority of Congress. At a time when NIWRC and so many others are working hard to get a bipartisan VAWA through the Senate, it is highly significant that the Supreme Court, once again, has confirmed Congresss constitutional authority to restore Tribal jurisdiction over non-Indian defendants. Legal Briefing United States Of America, Petitioner V. Joshua James Cooley, Respondent Abstract: BRIEF AMICI CURIAE OF THE CROW TRIBE OF INDIANS, THE NATIONAL CONGRESS OF AMERICAN INDIANS, AND OTHER TRIBAL ORGANIZATIONS Download PDF Motion to appoint counsel filed by respondent Joshua James Cooley. In that case we asked whether a tribe could regulate hunting and fishing by non-Indians on land that non-Indians owned in fee simple on a reservation. Henkel said the tribal officer would have the authority to detain in that instance because it would have clearly relied on information obtained from U.S. law enforcement and would have only required a positive identification. The attorney contrasted that situation with what actually happened: a tribal officer first conducted a welfare stop and then proceeded to conduct a full blown criminal investigation which included forcing his client out of a vehicle at gunpoint.. In all cases, tribal authority remains subject to the plenary authority of Congress. The Ninth Circuit affirmed. While the driver talked, he allegedly began pulling wads of cash from his pockets, which the officer says alarmed him. Breyer, J., delivered the opinion for a unanimous Court. We supported our conclusion by referring to our holding in Oliphant that a tribe could not exercise criminal jurisdiction over non- Indians. Montana, 450 U.S., at 565. 919 F.3d 1135, 1142. UNITED STATES V. JOSHUA JAMES COOLEY 3 Washington, D.C. Tuesday, March 23, 2021, the above-entitled matter came on for oral argument before the Supreme Court of the United States at 10:00 a.m.APPEARANCES: ERIC J. FEIGIN, Deputy Solicitor General, Department of Justice, Washington, D.C.; on behalf of the Petitioner. The officer noticed two firearms in the front passenger seat of Cooleys truck and a child sitting in the back. Argued. We have previously warned that the Montana exceptions are limited and cannot be construed in a manner that would swallow the rule. Plains Commerce Bank, 554 U.S., at 330 (internal quotation marks omitted). To be sure, in Duro we traced the relevant tribal authority to a tribes right to exclude non-Indians from reservation land. Waiver of right of respondent Joshua James Cooley to respond filed. We do think the tribe can do that, the government attorney argued. You can explore additional available newsletters here. 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. The Crow Nation led dozens of Tribal amici curiae in support of the United States petition for certiorari in the United States Supreme Court. Saylor confiscated several firearms and observed equipment that appeared to contain methamphetamine. The case involves roadside assistance, drug crimes, and the Crow people. 18 U.S.C. 3731. Brief amici curiae of National Indigenous Women's Resource Center, et al. 1.06 2.93 /5. Main Document Certificate of Word Count Proof of Service: Oct 15 2020: Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. Waiver of the 14-day waiting period under Rule 15.5 filed. 450 U.S. 544 (1981), is highly relevant. Record requested from the U.S.C.A. View Joshua Cooley results in Colorado (CO) including current phone number, address, relatives, background check report, and property record with Whitepages.
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