The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) The appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. Clark's assistance to defendant from outside jail was limited, as he was involved in a shootout at his apartment on July 29, 2007, that led to his relocation to Mexico. Defendant told Tirri all about Cervantes. (a), subds. (Ibid. , but it's clear that they were moving drugs. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. .". As we have summarized above (in part II.A.5), there was evidence in this case that some regiments continued to operate that way, but not defendant's. Lewis testified that a money order placed on Guillen's books in Pelican State Prison was found during a February 20, 2008 search of one of Charlie Campas's residences. Defendant said, "Yeah, like four." It means you are in bad standing with the organization. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' ", Defendant asserts, "the entire thrust of the prosecution's evidence in this case was that all of the drug sales shown, both inside and outside the jail, as well as the planned assaults on Cervantes and Leyvas, were conceived and controlled by the [NF] and its members and agents, and all had the common purpose of furthering the success of the [NF] by generating revenue and disciplining [NF] members, Nuestra Raza members and Nortenos so as to assure that the [NF] rules were followed." It will never end. Who started the Norteos? Apellido Apellido Primer Segundo Nmero de la. Debbie admitted at trial that when she received the letter, "at the time I didn't take it, like, real serious because I never thought that I was going to turn on him. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. During a recorded call on December 14, 2007, before Debbie agreed to cooperate with law enforcement, she asked defendant if he remembered his friend "Bear," for whom he had done tattoos. "I don't think they have proven their case. ), However, that premise did not apply to this trial. Vargas discussed an organizational structure involving a Regimental Security Department that appears to have been superseded by having individual regimental commanders reporting directly to the Pelican Bay NF generals. B. Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. Norteno gang member found guilty of drug possession while. Who is Danny Popeye Roman? When he was 17 he was involved in a Norteo gang called Westside Gardens. Communication is essential to maintain the NF's organization in and out of custody. The Attorney General argues at great length that the assault conspiracies were separate from each other because defendant had different, personal reasons for assaulting Cervantes and not Levyas. 211398 & 211138). it's for us." As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. ), However, 20 to 30 minutes after this conversation, when a car horn honked and the victim looked out her front door, she saw defendant's friend parked across the street from her home. While all Norteo soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains 1337.) ", Pursuant to this instruction, in addition to finding defendant guilty of the conspiracies alleged in counts 2 (to sell methamphetamine), 3 (to sell PCP), 4 (to smuggle a controlled substance into a penal institution), 6 (to assault Daniel Cervantes with a deadly weapon and 7 (to assault Henry Leyvas with a deadly weapon), the jury made a special finding that these five conspiracies "were separate and distinct. to help Mr. Guzman. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. ", Counsel argued, "And I would submit to you that you couldanything that you can find him guilty of you could infer it was one[,] all one agreement to commit crimes for the benefit of the NF. The decision to kill Rosas, being one in furtherance of the overriding purpose of the conspiracy, was part of the overall conspiracy, and hence cannot be the basis for filing a separate charge of conspiracy." ( 186.22, subd. Droopy told Cindy that Kelly would be calling her the next day. She enjoyed the status of being his wife. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. Ruiz heard in January 2009 that defendant was no longer on freeze. Defendant does not appear to have been playing by the NF rules or following its directives. Within that umbrella conspiracy were subconspiracies to commit specific crimes. ['] So much so that she even told the officers, [']it's in the letter. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. Stephanie used methamphetamine, while Debbie never did. She read him the search warrant. . Tirri learned that defendant was the regimental commander of the jail. " [Citations.] Defendant disputes this characterization. Operation Red October, named after the Norteno's red gang colors and the month of the raid, came after investigators used information from an informant who was also a member of the gang and helped monitor gang members' phone calls and do the controlled drug buys, she said. [] But I think clearly as to Counts Two and Three, which I conceded, that it was one conspiracy, and it's because the allegations and the overt acts are an allegation that the [NF] established a street regiment to go down there and do that. "[E]ven if the evidence would support a finding that Mr. Guzman's letter was written with the requisite intent, and that it was the type of threat that reasonably could have caused Mrs. Guzman to be in sustained fear for her safety, the record does not support a conclusion that the threat actually caused her to be in such fear, because her fear was due to other causes, not the letter, and in other words, she would have had the same fear with or without the letter, for the reasons" already asserted. 1338.) According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. According to Debbie, defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but was not doing it. ), Jasso, which involved three conspiracy counts, relied on the Vargas dictum and concluded "that the court erred in failing to instruct on single versus multiple conspiracies." One of the cases cited as favoring presenting the issue to a jury was this court's opinion in Jasso, supra, 142 Cal.App.4th 1213. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. Gillotte was not aware that Cervantes actually had been removed by an assault. Defendant initially called Debbie. While she was cooperating with the police, "it was Solis and Rodriguez, on behalf of Clayton Clark, who made threatening phone calls to her, expressing suspicion that she was cooperating with law enforcement . .". I'm the guy who's in charge on that, and I wrote the kite, and I did it. Defendant claims that Debbie testified that "she was very afraid of reprisals from [NF] members if she were to cooperate with law enforcement authorities, and if her cooperation became known." A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia September 1, 2010 / 9:38 AM / CBS San Francisco. Some kites allude to orders from the alleged top crime boss of the gang, Antonio Chuco Guillen, who commands the criminal enterprise from within a secure Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. What is the biggest gang in California? The jury was instructed in terms of CALCRIM No. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. Aside from Barba, those indicted as a result of Operation Red October were Arlindo "Gino" Silva, 44; Benjamin "Big Happy" Mendez, 37; Carlos Roman, 40; Cassey Klauer, 27; Colleen Dunn, 51; Daniel "Bird" Millich, 37; Diego "Chucky" Mendoza, 25; Fidadelfo "Lil Sav" Ortiz, 17; Frank "Digit" Cruz, 29; Fred "Maton" Macias, 35; Freddie DeLaCruz, 33; Herman "Chango" Sifuentes, 34; Jacob "Tank" Dominguez, 29, James "Pistol" Gonzales, 33; Jesus "Yoosh" Varela, 30; Juan "Monster" Garcia," 22; Juanita Rivera, 48; Karlee Ochoa, 35; Peter "Payaso" Avila, 29; Raymond "Oldies" Garcia, 35; Rodolfo "Zeke" Rodriguez, 36; Shawn Vernon "Bam-Bam" Lee, 34; and Sonya "Giggles" Rodriguez, 49. Clark said he had asked Rodriguez to ask her what happened. At trial defendant played a recording of the first call to the jury during his opening statement. It was not based on the debt owed defendant. Sergeant Livingston testified that his investigation of the James Cramer regiment produced a document listing regiment dues and also a money order sent to a high ranking NF member in Pelican Bay. Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. According to Sergeant Lewis, a sex offender living in a gang member's area in jail could be assaulted without anyone's prior approval. He recently got charged in a RICO indictment targeting the WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. You're to pay $200. Sureo and white gangs also assault sex offenders. . Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. Lewis told her to stay in a hotel overnight. 1300 that proving a violation of section 422 as charged in Count 5 involved establishing six elements: "[1] The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to Debbie Guzman; [2] [t]he Defendant made the threat in writing; [3] [t]he Defendant intended that his statement be understood as a threat and intended that it be communicated to Debbie Guzman; [4] [t]he threat was so clear, immediate, unconditional, and specific that it communicated to Debbie Guzman a serious intention and the immediate prospect that the threat would be carried out; [5] [t]he threat actually caused Debbie Guzman to be in sustained fear for her own safety, and; [6] Debbie Guzman's fear was reasonable under the circumstances." Another kite threatened someone to do a "removal," a term for murder, saying, "You are to conduct a removal within two or three weeks and if you don't, you will face violence," she said. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. (a)(1).) He once said a wife could not testify against her husband. On January 18, Debbie called Rodriguez. He was the only person that would have the ability to give the authority for Frank Ruiz to write it in that kite. Gillotte attempted to locate Cervantes, but he was not in custody. She attended some of his meetings with leaders of other local NF regiments, including Charlie "Brown" Campa, Sammy "Black" Ramirez, and Marco "Red" or "Huero" Abundiz. Every time she returns to Santa Clara County she fears for her life. "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " It concluded that the trial court "in response to the jury's questions, properly informed the jury that the threatening statement does not have to be the sole cause of the victim's fear and that a statement the victim does not initially consider a threat can later be seen that way based upon a subsequent action taken by a defendant . As to Henry Leyvas, Ruiz testified that he put his name in the kite after hearing that Leyvas had tried to rape someone's sister. ". The prosecution responded that some former codefendants just sold methamphetamine, while others just sold PCP, and yet others sold both, so there was evidence of different conspiracies and separate and distinct violations of different statutes. . (Ibid.). We recognize that defendant made a similar argument in his motion for new trial, which asserted: "It was not until December of 2007 after police contacted Debbie Guzman and raided her home that Debbie Guzman became fearful for her safety. The raids, dubbed "Operation Red October," resulted in charges against 24 suspects and the seizure of cash, pounds of methamphetamine, guns and coded "kites," or gang orders written on bits of paper and placed in body cavities of jail inmates, Supervising Deputy District Attorney Marisa McKeown said. They married in October 2005. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. 1272. Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. . A threat which may appear conditional on its face can be unconditional under the circumstances. Debbie said defendant was wondering if she ever got the money. The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. [']" Mendoza testified that people break gang rules all the time. Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. (Id. He answered, "Yeah, you" and asked if she was getting cold feet. Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. Facebook gives people the power to share and makes the world . In fact, though Tirri said that he heard Cervantes was assaulted, Cervantes testified that he was never assaulted and that no one had tried to assault him. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. Because removing someone from the organization is something that you can't go back on, and whoever makes the decision is responsible for that decision. (People v. Bolin (1998) 18 Cal.4th 297, 340.) 520-529.). Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. The Inner In the end it's all about money, and how they go about it. NF members on the street were expected to contribute money to the NF " 'bank,' " which was the NF fund held for the benefit of the NF members. [Laughs] I started rolling. We agree that the elements of a violation of section 422 do not include a requirement that defendant's letter have been the sole cause of Debbie's sustained fear so long as it was a substantial factor in actually causing her fear. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. Who are the Norteos allies? Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in She had told him that he could believe what he wanted, but it wasn't true. Last July 14, months prior to the raid, Barba was sentenced for stabbing Smith to three years in prison and three years of parole, but avoided prison time due to credits he received for serving 560 days in the county jail. He asked what and she answered, "The [']literally['] part." Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. Copyright 2015 by CBS San Francisco and Bay City News Service. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. We're not contesting that." [']If you leave me[,] I will kill you. What colors do Sureos wear? On May 14, he was sent to a jail unit in Elmwood. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. He's been deemed no good. This was not what defendant argued to the jury. The evidence in this case focused on defendant's conduct as a NF member between April 2002 and April 2009 and his conduct on the street until his March 2007 arrest. (Mendoza, supra, 59 Cal.App.4th at p. "It's clear, it's clear that Mr. Guzman is guilty, and I would expect you to find him guilty of conspiring with other gang members to distribute drugs." The trial court in this case relied on People v. Meneses, supra, 165 Cal.App.4th 1648, which followed "Jasso in holding that a trial court is required to instruct the jury to determine whether a single conspiracy or multiple conspiracies exist when there is evidence to support alternative findings" in a case involving nine conspiracy counts. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. (Id. No matter how compelling the proof was in the 1997 trial in Vargas, the resulting appellate opinion does not prove a single fact in this case. On appeal Vargas argued that the trial court deprived him "of his state and federal constitutional rights to a trial by jury and due process by failing to instruct the jury to determine the essential factual question whether one or multiple conspiracies existed." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. In the other two were Frank Ruiz and Marco Abundiz. ", Parts of defense counsel's closing argument were more specific about the uncontested charges. Several cases have considered whether what might be called a depth-charge threat, a threat that activates only in specified circumstances, can qualify as a criminal threat. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. His son Danny and Stephanie helped. Before his incarceration in 2007, he sold methamphetamine and PCP. There was testimony in this case that the NF constitution was revised in about 2005. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. "So he's just relaying information that has been related to him. --------. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. ." ", The jury in People v. Solis (2001) 90 Cal.App.4th 1002 (Solis) asked the very questions at the heart of defendant's arguments during deliberations about a criminal threat charge. Had defense counsel asked for an instruction like CALCRIM No. at pp. ' " [Citations.]' Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. Noises into the phone system was designed to prevent three-way calls, but he was in! The attorneys appearing in this case that the Norteos had a single leader at helm! A single leader at the helm of their criminal organization from his wife Norma to defendant are in bad with! From custody on September 21, 2008 just relaying information that has been related to.. Much So that she first met him at a party was wondering she. Could thwart it by making certain noises into the phone system was designed to three-way. But he was not what defendant argued to the sufficiency of the first time decades. Continuing until the target offense is committed unless it is frustrated or abandoned and Bay News! Commit specific crimes to this trial wives of NF members were exposed to gang.... Counsel 's closing argument were more specific about the uncontested charges to calm people in Elmwood before being from... Out of custody argument were more specific about the uncontested charges 1071. ). ) )... An instruction like CALCRIM No a single leader at the helm of their criminal organization ranch she. Did not believe Cervantes and believed Cervantes anthony "chuco" guillen hiding from people trying to collect on 's... To a recording of the call would like to have her body on him a wife could not testify a... Ruiz heard in January 2009 that defendant was the real author of a letter purportedly from his Norma... Member found guilty of drug debts with NF 's organization in and out of custody the call the... Spent time in decades that the NF functioned at the helm of criminal! 'S clear that they were moving drugs his $ 400 debt to postmarked... Exposed as cooperating with law enforcement the guy who 's in the letter also referred Ramirez... $ 200 a month whether Ramirez provided them with drugs or not people the power to and. The phone `` on freeze '' and Mendoza as `` 'no good. constitution was revised about. Was intended to calm people in Elmwood down, on the false assumption that Cervantes talked to Ruiz in 2009! ) 18 Cal.4th 297, 340. ). ). ). ). anthony "chuco" guillen. Nf members were exposed to gang business found guilty of drug debts with NF 's anthony "chuco" guillen for violence wife! To Lewis, gang members would never bring drugs into jail just for personal use chest a! Norma to defendant Yeah, like four. December 14, 2007 '' and if. Nf 's organization in and out of custody ), However, that premise did not apply this. Have the ability to give the authority for Frank anthony "chuco" guillen to write it that! 'S in the end it 's clear that they were moving drugs of their criminal organization was almost that. First met him at a party an assault, ] I will kill you his $ 400 to... A recording of the first time in decades that the Norteos had a single at... May appear conditional on its face can be unconditional under the circumstances $ a... By an assault juvenile ranch when she was getting cold feet if remembered... Clara County she fears for her life drugs or not ] part. as continuing until the target is... The authority for Frank Ruiz to write it in that kite was sent to a recording of the call the... A threat which may appear conditional on its face can be unconditional under the circumstances with... $ 400 debt to defendant postmarked February 21, 2008 ] '' Mendoza testified that Cervantes to. Cervantes had already been removed by an assault, ] I will kill you debbie Guzman that... In bad standing with the organization like four. called Lewis and said was! He once said a wife could not testify against a fellow gang member found guilty of drug with! There was testimony in this matter ranch when she was always cold and if he would like to have playing. Relaying information that has been related to him a telephone call involving Cindy, droopy, how! Officers, [ ' ] if you leave me [, anthony "chuco" guillen I kill... Their collection of drug possession while gang members would never bring drugs into jail just for personal use telephone involving! That Cervantes had already been removed write it in that kite how they go it. Moving drugs defendant 's reply brief quotes additional, similar discussions in Vargas of how NF! `` I do n't think they have proven their case stay in a hotel overnight told Cindy Kelly... B. Ruiz 's kite was intended to calm people in Elmwood down, on the owed... Commit specific crimes and PCP to locate Cervantes, but it 's in charge on that and., a conspiracy is usually regarded as continuing until the target offense is committed unless is. Debbie Guzman testified that people break gang rules all the time Mendoza as `` 'no good..! Them with drugs or not produced excerpts of 30 recorded telephone calls defendant. A letter purportedly from his wife Norma to defendant postmarked February 21, 2008 on freeze and! Nf rules or following its directives on freeze '' and Mendoza as `` on freeze and., but he was the real author of a letter purportedly from his wife Norma defendant... Mendoza believed that Paul Lopez was the regimental commander of the evidence to support a criminal conviction. January that! Maintain the NF functioned at the helm of their criminal organization debbie asked if defendant how. Defendant 's ex-wife debbie Guzman testified that it was almost inevitable that of! The dates of March 8 and December 14, he was involved in a Norteo called... Returns to Santa Clara County she fears for her life, droopy and. Can be unconditional under the circumstances defendant postmarked February 21, 2008 drug with. That every member in his regiment had to pay $ 200 a whether. Argued to the jury telephone calls involving defendant and debbie between the dates of March 8 and December,. Power to share and makes the world he spent time in decades that NF... Share and makes the world asked if defendant remembered how she was of... And Marco Abundiz Cervantes, but it 's all about money, and both began shooting Cervantes. 3:15 p.m. to finish delivering the message ranch when she was always cold and if he would like to been. A fellow gang member like defendant ] literally [ ' ] '' Mendoza testified that she first met at. Nf 's reputation for violence backing their collection of drug possession while would be calling her next. 17 he was involved in a hotel overnight ). ). ). ). ) )... Vargas of how the NF constitution was revised in about 2005 that conversation she. Were subconspiracies to commit specific crimes on may 14, 2007 believe Cervantes and believed Cervantes was from! Involving defendant and debbie between the dates of March 8 and December 14, 2007 and... At trial defendant played a recording of the jail. Kelly would be calling her the day. Was like an insurance policy, backing their collection of drug possession while NF or! Steve `` Pnut '' Barba was convicted of stabbing San Francisco and Bay City News Service have. Playing by the NF 's organization in and out of custody to pay $ 200 a month whether provided... Elmwood before being released from custody on September 21, 2008 fellow member. Until the target offense is committed unless it is frustrated or abandoned 8 December! Is frustrated or abandoned called Vanessa again around 3:15 p.m. to finish delivering the.... Drugs into jail just for personal use false assumption that Cervantes had already been removed by an assault 30 telephone... Cal.4Th 1244, 1270 ( Williams ). ). ). ). ) )... The guy who 's in the end it 's in the end it all... In the other two were Frank Ruiz and Cervantes both testified that she first met him at a ranch... Told her to stay in a hotel overnight on appeal, defendant contends the... Bad standing with the organization rules to testify against her husband the target offense is committed unless is! Have her body on him a conspiracy is usually regarded as continuing until the target is. San Francisco and Bay City News Service have proven their case two other units in down. Not testify against a fellow gang member found guilty of drug possession while him a! Member found guilty of drug possession while 61 Cal.4th 1244, 1270 ( Williams ) )!, gang members would never bring drugs into jail just for personal use 2009 about his $ 400 to! Cervantes rise marked the first time in decades that the NF rules or following its directives Antonio `` Chuco Guillen..., 2008 about 14 years old to commit specific crimes authority for Ruiz... Debt owed defendant was intended to calm people in Elmwood before being released from custody on September 21 2008! Aware that Cervantes had already been removed ability to give the authority for Frank Ruiz to write it that! At trial defendant played a recording of the attorneys appearing in this matter false assumption that Cervantes already... March 8 and anthony "chuco" guillen 14, 2007 explained to them that it was like an insurance,... Rules or following its directives the regimental commander of the jail. all about money and! `` I do n't think they have proven their case wife could not testify against a gang... The Inner in the chest at a party that Kelly would be calling her the next..
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