Mezzanatto, and Ninth Circuit in United States v. Rebbe. The defendant in Mezzanatto agreed that any statement made during a pre-trial meeting between the defendant and prosecutor could be used for impeachment purposes at trial, ... Dkt. 555 at 4 (citing Moran v. Burbine, 475 U.S. 412, 421 (1986)).By Tamera A. Rudd, Published on 09/01/87Moran v. Burbine, 475 U.S. 412 (1986) Moran v. Burbine. No. 84-1485. Argued November 13, 1985. Decided March 10, 1986. 475 U.S. 412. Syllabus. After respondent was arrested by the Cranston, Rhode Island, police in connection with a breaking and entering, the police obtained evidence suggesting that he might be responsible for the murder of a ...The Supreme Court followed the irrebuttable presumption reasoning in Edwards v. Arizona (451 U.S. 477 (1981)), which prohibited the badgering of a detainee until he waives his rights. The court noted that the petitioner did not seem to understand his rights as he refused to sign waivers and requested counsel, but still acquiesced to the ... Moran V. Burbine Case Study 218 Words | 1 Pages. When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Opinion for Moran v. Burbine, 475 U.S. 412, 106 S. Ct. 1135, 89 L. Ed. 2d 410, 1986 U.S. LEXIS 32 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.See Moran v. Burbine, 475 U.S. 412, 426 (1986). ----- ♦ -----SUMMARY OF THE ARGUMENT In Michigan v. Jackson, 475 U.S. 625 (1986), the Court adopted the rule that police may not ask a formally-charged defendant to answer questions without counsel present when the defendant re-quested the assistance of counsel at arraignment. ...Finally, the Commonwealth argues that Moran v. Burbine, 475 U.S. 412, 106 S. Ct. 1135, 89 L. Ed. 2d 410 (1986), is controlling. In Moran, the United States Supreme Court refused to expand Miranda to require police to inform a suspect of the status of his legal representation. Id., 475 U.S., at 427-28, 106 S.Ct., at 1144-45, 89 L.Ed.2d, at 425. Thus, …Moran v. Burbine,475 U.S. 412, 428. At that point, police may not interrogate the defendant outside the presence of defense counsel, absent a valid waiver. Confession - Miranda – Sufficiency of Waiver Garland, Samuel & Loeb, P.C. Don Samuel September 1, 2015 Garner v.Gillespie Cty., 554 U.S. 191, 198 (2008); Moran v. Burbine, 475 U.S. 412, 482 (1986); United States v. Gouveia, 467 U.S. 180, 187 (1984). However, the Court has consistently then proceeded to a fact-attuned inquiry about whether the government’s pre-indictment conduct crossed the line from investigation to prosecution, rejecting Sixth ...Read Moran v. Burbine, 475 U.S. 412, see flags on bad law, and search Casetext’s comprehensive legal databaseThe ABA Journal is read by half of the nation’s 1 million lawyers every month. It covers the trends, people and finances of the legal profession from Wall Stree...O'Connor, S. D. & Supreme Court Of The United States. (1985) U.S. Reports: Moran v. Burbine, 475 U.S. 412. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep475412/.Get Moran v. Burbine, 475 U.S. 412 (1986), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Written and curated by real attorneys at Quimbee.Moran v Burbine. th, 3 Coure helt thad tht e officers conduc' t did not violate the suspect' fifths sixth, o, r fourteent amendmenh rights.t 4 In Moran th, police reae d the suspec tht e Miranda warning and s secured a waive or thesf righte prios tro hi arraignment.s Afte 5 r being subjecte to ad custodia interrogationl th suspece , signet a d Moran V. Burbine Case Study 218 Words | 1 Pages. When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Barger v. State, 923 So. 2d 597, 601 (Fla. 5th DCA 2006) (citing Moran v. Burbine, 475 U.S. 412 (1986)). "Only if the totality of the circumstances surrounding the interrogation reveals both an uncoerced choice and the requisite level of comprehension may a court properly conclude that Miranda rights have been waived." Id. (citing Globe v.In Haliburton v. State, 514 So.2d 1088, 1090 (Fla. 1987), the court quoted Justice Stevens' dissent from Moran v. Burbine, 475 U.S. 412, 106 S.Ct. 1135, 89 L.Ed.2d 410 (1986): "Any `distinction between deception accomplished by means of an omission of a critically important fact and deception by means of a misleading statement, is simply ...Thompkins, 560 U.S. 370, 382-83 (2010) (quoting Moran v. Burbine, 475 U.S. 412, 421 (1986)). It is judged by the totality of the circumstances. Joseph, 309 S.W.3d at 25. "Only if the 'totality of the circumstances surrounding the interrogation' reveals both an uncoerced choice and the requisite level of comprehension may a court ...(People v. Sauceda-Contreras (2012) 55 Cal.4th 203, 218-219.) The record shows that defendant's implied waiver was "voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception." (Moran v. Burbine (1986) 475 U.S. 412, 421.) The record also shows that defendant's implied waiver ...Moran v. Burbine, 475 U.S. 412, 421 (1986). First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than 1 Miranda v. Arizona, 384 U.S. 436 (1966). 4 Case: 18-14622 Date Filed: 12/02/2019 Page: 5 of 11 intimidation, coercion, or deception. Second, the waiver ...See Bobby v. Dixon, 565 U.S. 23 (2012). See also Moran v. Burbine, 475 U.S. 412 (1986) (signed waivers following Miranda warnings not vitiated by police having kept from suspect information that attorney had been retained for him by a relative); Fare v.Moran V. Burbine Case Study 218 Words | 1 Pages. When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Apr 21, 2017 · A case in which the Court held that once a suspect has requested counsel, police cannot interrogate him unless he initiates the contact. Argued. Mar 29, 1988. Decided. Jun 15, 1988. Citation. 486 US 675 (1988) Beckwith v. United States. Miranda v Arizona, 384 U.S. 436,... Moran v Burbine, 475 U.S. 412... People v Simpson, 65 Cal, Appl. 4th 854, 76 Cal Rptr 2d 851... View more references. Cited by (3) Human Health Risks of Conducted Electrical Weapon Exposure: A Systematic Review. 2021, JAMA Network Open.Moran V. Burbine Case Study 218 Words | 1 Pages. When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Though the entire process the piece seemed to have obtained evidence they Mr. Burbine had committed a murder in near by ...Moran v. Burbine, 475 U.S. 412, 421 (1986). "First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than ... United States v. Curtis, 344 F.3d 1057, 1065-67 (10th Cir. 2003) (finding a valid waiver where the defendant was allegedly under the ...Burbine, 475 U.S. 412 (1986) Moran v. Burbine No. 84-1485 Argued November 13, 1985 Decided March 10, 1986 475 U.S. 412 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus After respondent was arrested by the Cranston, Rhode Island, police in connection with a breaking and entering, the police obtained evidence ...About the time William Rehnquist ascended to the Chief Justiceship of the United States, two events occurred that increased the likelihood that Miranda would enjoy a long life. In Moran v. Burbine, a six to three majority held that a confession preceded by an otherwise valid waiver of a suspect's Miranda rights should not be excluded either (1) because the police misled an inquiring attorney ...Petitioner James Coddington sought collateral review of the Oklahoma Court of Criminal Appeals' (OCCA) resolution of his constitutional challenges to his conviction and sentence. Coddington argued: (1) the trial court deprived him of his constitutional right to present a defense when it refused to allow his expert to testify that he was unable to form the requisite intent for malice murder ...Moran v. Burbine, 475 U.S. 412, 433 n.4 (1986). 8. See Paul G. Cassell & Bret S. Hayman, Police Interrogation in the 1990s: An Empirical Study of the Effects of Miranda, 43 UCLA L. REV. 839, 921 (1996). 9. See 18 U.S.C. § 3501 (1994) (replacing Miranda with voluntariness test); JOSEPH D. GRANO, CONFESSIONS, TRuTH AND THE LAW (1993) (attacking ...Thompkins, 560 U.S. 370, 382-83 (2010) (quoting Moran v. Burbine, 475 U.S. 412, 421 (1986)). It is judged by the totality of the circumstances. Joseph, 309 S.W.3d at 25. "Only if the 'totality of the circumstances surrounding the interrogation' reveals both an uncoerced choice and the requisite level of comprehension may a court ...An indicted defendant subject to custodial interrogation has the right "to consult with an attorney and to have counsel during questioning" pursuant to both the Sixth Amendment and Miranda v. Arizona, 384 U.S. 436 (1966). Davis v. United States, 512 U.S. 452, 457 (1994); United States v. Scarpa, 897 F.2d 63, 67-8 (2d Cir. 1990). Once a suspect ...Moran v. Burbine, 475 U.S. 412, 424, 106 S.Ct. 1135, 89 L.Ed.2d 410 (1986). By the same token, it would ordinarily be unrealistic to treat two spates of integrated and proximately conducted questioning as independent interrogations subject to independent evaluation simply because Miranda warnings formally punctuate them in the middle.Adams v. United States ex rel. McCann, 317 U.S. 269, 279 (1942). In a case arising under the Fifth Amendment, we described this requirement as "a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it." Moran v. Burbine, 475 U.S. 412, 421 (1986).Moran v. Burbine, 475 U.S. 412 (1986). Offense-Specific. Once the Sixth Amendment right to counsel is properly invoked, it applies only to the specific offense at issue in those proceedings. McNeil v. Wisconsin, 501 U.S. 171, 175-176 (1991). 1.Missouri v. Seibert, 542 U.S. 600 (2004), is a decision by the Supreme Court of the United States that struck down the police practice of first obtaining an inadmissible confession without giving Miranda warnings, then issuing the warnings, and then obtaining a second confession. ... See Moran v. Burbine, 475 U. S. 412, 422 (1986) ("Events ...Summary. In State v. Burbine, 451 A.2d 22 (R.I. 1982), the court held the Sixth Amendment right to counsel had been waived where the defendant after his arrest executed a Miranda waiver and gave a confession. Summary of this case from State v. Wyer. See 1 Summary. Moran v. Burbine Media Oral Argument - November 13, 1985 Opinions Syllabus View Case Petitioner John Moran, Superintendent of the Rhode Island Dept. of Corrections Respondent Brian K. Burbine Location Cranston Police Station Docket no. 84-1485 Decided by Burger Court Lower court United States Court of Appeals for the First Circuit CitationMoran v. Burbine, 475 U.S. 412, 421 (1986). ¶8 When a defendant alleges that he did not voluntarily, knowingly and intelligently waive his Miranda rights, we begin with the presumption that confessions resulting from custodial interrogation presumption, are the inherently state must involuntary; show by a to rebut preponderance that of the ...See Bobby v. Dixon, 565 U.S. 23 (2012). See also Moran v. Burbine, 475 U.S. 412 (1986) (signed waivers following Miranda warnings not vitiated by police having kept from suspect information that attorney had been retained for him by a relative); Fare v.- Description: U.S. Reports Volume 475; October Term, 1985; Moran, Superintendent, Rhode Island Department of Corrections v. Burbine Call Number/Physical Location The State asserts that appellant's waiver of counsel was effective by authority of Moran v. Burbine. In Moran v. Burbine, the police misinformed an inquiring attorney about their plans concerning the suspect they were holding and failed to inform the suspect of the attorney's efforts to reach him. Id. at 420, 106 S. Ct. at 1140.United States v.Smith, Case No. 13-15476-DD CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT Pursuant to Eleventh Circuit Rule 26.1- 1, appellee, the United States, filesSee also Daniel J. Lynch, Moran v. Burbine: Constitutional Rights of Custodial Suspects, 34 WAYNE L. REv. 331 (1987) (suggesting that the Massachusetts per se rule is similar to New York's because once an attorney has entered the proceedings the police have a duty to secure a rewaiver of a suspect's right to counsel). Id. at 336. In Massachusetts, police …Transform Your Legal Work With the New Lexis+ AI. Take your workday to the next level with high-performance AI on Lexis+. Learn More. LexisNexis users sign in here. Click here to login and begin conducting your legal research now.Burbine was 21 with only a fifth grade education; Fuentes had attended Rhode Island Junior College, Fuentes v. Moran, 733 F.2d at 181. Although Burbine was currently involved in one criminal matter in which Attorney Casparian was yet to be consulted, as well as the breaking and entering charge on which he had just been arrested, these did not ...MORAN v. BURBINE: THE DECLINE OF DEFENSE COUNSEL'S "VITAL" ROLE IN THE CRIMINAL JUSTICE SYSTEM. The fifth,' sixth, 2 . and fourteenth. 3 . amendments to the United States Con-stitution form a core of individual liberties that is fundamental to the fair administration of our accusatorial system of justice. 4 . When an individualFor further information see the related case of Missouri v. Seibert. Moran v. Burbine, 475 U. S. 412 (1986)-The respondent was arrested for breaking and entering. Evidence was discovered that he might have committed a murder. He was read his Miranda rights and questioned. At the time, the respondent's sister called the public defender's office ...Miranda, 384 U.S. at 444; see also Spring, 479 U.S. at 572; Moran v. Burbine, 475 U.S. 412, 421 (1986). In such a case, the suspect's statements are not "compelled" within the meaning of the Fifth Amendment and may be introduced against him in the prosecution's case-in-chief without implicating constitutional concerns.Moran v. Burbine, 475 U.S. 412, 432-34 (1986). “This Court has long held that certain interrogation techniques either in isolation or as applied to the unique characteristics of a particular suspect, are so offensive to a civilized system of justice that they must be condemned under the Due Process Clause of the Fourteenth Amendment. . . .Moran v. Burbine, 475 U.S. 412, 429 (1986) (emphasis added); see also Illinois v. Perkins, 496 U.S. 292, 299 (1990) ( “In the instant case no charges had been filed on the subject of the interrogation, and our Sixth Amendment precedents are not applicable.” ). For a discussion of intervening precedent, which developed the concept of ...State v. Retherford, 93 Ohio App.3d 586, 592, 639 N.E.2d 498 (2d Dist.1994). As a result, when we review suppression decisions, we must "accept the trial court's findings of fact if they are supported by competent, credible evidence." Id. "Accepting those facts as true, we must independently determine as aand the conduct of the police was not so offensive as to deprive the defendant of the fundamental fairness guaranteed by the due process clause of the Fourteenth Amendment .”. Case Brief: 1986. Petitioner: John Moran, Superintendent of the Rhode Island Dept. of Corrections. Respondent: Brian K. Burbine. Decided by: Burger Court. Moran v. Burbine, 475 U. S. 412, 475 U. S. 421 (1986). Whichever of these formulations is used, the key inquiry in a case such as this one must be: was the accused, who waived his Sixth Amendment rights during postindictment questioning, made sufficiently aware of his right to have counsel present during the questioning, and of the possible ...Moran v. Burbine - 1986 Police are able to engage in deceptive tactics and tricks Police are able to lie to defendant and defendant's lawyer. Illinois v. Perkins - 1990 Suspect in jail cell Officer dressed as an arrestee put in jail cell(Moran v. Burbine) Therefore, non-coercive questioning that merely fails to meet Miranda's admissibility requirements is not unconstitutional. Because evidence derived from statements obtained without valid Miranda warnings and waivers is not the result of any constitutional violation, the derivative evidence exclusionary rule does not apply. ...Moran v. Burbine, 1986 Brief Fact Summary. The police detained the respondent, Brian Burbine (the “respondent”), and the respondent waived his right to counsel. The respondent, unaware that his sister obtained counsel for him, confessed to the crime. A study of the Federal Constitution and the Bill of Rights and the New York Constitution with regard to the rights of the individual, as interpreted by leading U.S. Supreme Court and N.Y. Court of Appeals decisions. The first, fourth, fifth, sixth, eighth, and fourteenth amendments will be primarily focused upon with an emphasis on their law ...(Moran v. Burbine, supra, 475 U.S. at pp. 422-423, 106 S.Ct. 1135 ["Once it is determined that a suspect's decision not to rely on his rights was uncoerced, that he at all times knew he could stand mute and request a lawyer, and that he was aware of the State's intention to use his statements to secure a conviction, the analysis is complete ...CitationTex. v. Cobb, 532 U.S. 162, 121 S. Ct. 1335, 149 L. Ed. 2d 321, 2001 U.S. LEXIS 2696, 69 U.S.L.W. 4213, 2001 Cal. Daily Op. Service 2626, 2001 Daily Journal ... no. 29033-6-iii in the court of appeals for the state of washington division iii state of washington, plaintiff/respondent, vs. cla yton gene stafford,Coulter. USA v. Coulter, No. 20-10999 (5th Cir. 2022) An officer performed a traffic stop on Defendant in the middle of the night. Having been given reason to suspect that Defendant who revealed an aggravated robbery conviction, had a gun, the officer handcuffed him and asked where it was. Defendant answered, and the officer's partner arrived ...Joseph, 309 S.W.3d at 25 (quoting Moran v. Burbine, 475 U.S. 412, 421 (1986)). We consider the "totality of the circumstances surrounding the interrogation," including the accused's experience, background, and conduct, in deciding whether the accused had the requisite level of comprehension. Id.However, in Moran v. Burbine (1986), the Court shifts focus away from the nature of the police conduct to its effect on waiver, far from a per se rule. This essay demonstrates that substantial pre-warning softening up and some pre-waiver deception is permitted as a regular matter by the lower courts. While ploys and implicit deception, such as ...The U.S. Supreme Court's decision in Moran v. Burbine (1986), which ruled that the police need not honor retained counsel's request to meet with a custodial suspect, is contradictory and conducive to future litigation in this area. An alternative approach is needed. Abstract Beckles's criminal history category was raised from V to VI, because he was a career offender under § 4B1.1. Based on a total offense level of 37 and a criminal history category of VI, the guidelines range was 360 months' to life imprisonment, including a mandatory minimum sentence of 15 years under 18 U.S.C. § 924(e)(1). ... Moran v. Burbine ...Moran v. Burbine,2 the police adequately warned the accused Burbine of his fifth amendment rights surrounding interrogation. 3 The police did not tell Burbine that counsel, retained on his behalf by a third party, had tried to contact him. Burbine based his attack on the conviction primarily on fifth amendment grounds, but he also argued that ...discussed in Moran v. Burbine). Also, you have a right to counsel under the 5th Amendment if you are interrogated while in custody. See Miranda v. Arizona, 384 U.S. 436, 469, 86 S. Ct. 1602, 1626, 16 L. Ed. 2d 694, 721 (1966). But that right may not include the right to effective counsel. See Sweeney v.Read Moran v. Burbine, 475 U.S. 412, see flags on bad law, and search Casetext’s comprehensive legal databaseSince Moran, Florida, California, and Connecticut have rejected the conclusions of the Moran decision. Given the tenor and holdings of pertinent cases, it is likely that the Alaska courts will interpret the State Constitution to invalidate waivers such as Burbine's. 174 footnotes.In Moran v. Burbine, 475 U.S. 412, 106 S. Ct. 1135, 89 L. Ed. 2d 410 (1986), however, the Court appeared to return to the totality of the circumstances test. In Moran, a lawyer representing a criminal suspect, Brian Burbine, called the police station while Burbine was in custody. The lawyer was told that Burbine would not be questioned until ...See Moran v. Burbine, 475 U.S. 412, 426 (1986). ----- ♦ -----SUMMARY OF THE ARGUMENT In Michigan v. Jackson, 475 U.S. 625 (1986), the Court adopted the rule that ... OPINION. The trial court granted a motion by defendant Horace William Chapple (respondent) to set aside the information (Pen. Code, § 995) charging him with possession of body armor by a felon (§ 12370, subd. (a)) (hereafter § 12370 (a)), on the ground that opinion evidence offered by a police officer was inadmissible, and, as a consequence ...Id. (quoting Moran v. Burbine, 475 U.S. 412, 421, 89 L. Ed. 2d. 410, (1986)). In the case sub judice, Defendant voluntarily went to the police station, and prior to questioning by Detectives Odham and Tully, signed a waiver, and spoke to the detectives. that the Accordingly, a careful review of the record reveals trial court erroneously ...by Jack E. Call Professor of Criminal Justice Radford University E-mail: [email protected] In Edwards v.Arizona (1981), 1 a case of great significance to law enforcement, the Supreme Court held that when a suspect undergoing interrogation (or about to undergo interrogation) requests an attorney, the police may no longer interrogate the suspect unless counsel is present or unless the suspect ... State v. Friedman, 93 Hawai'i 63, 68, 996 P.2d 268, 273 (2000). A waiver is knowing and intelligent when it is made with "full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it." Moran v. Burbine, 475 U.S. 412, 421 (1986).1986] Moran v. Burbine In Brown v. Mississippi," decided in 1936, the Court, applying due process standards, held that a confession elicited through physical torture was inadmissible in a state court because the inter-rogation method had offended fundamental principles of justice.'2 Moran V. Burbine Case Study 218 Words | 1 Pages. When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Though the entire process the piece seemed to have obtained evidence they Mr. Burbine had committed a murder in near by …See also Moran v. Burbine, 475 U. S. 412, 475 U. S. 432-434 (1986). Indeed, coercive government misconduct was the catalyst for this Court's seminal confession case, Brown v. Mississippi, 297 U. S. 278 (1936). In that case, police officers extracted confessions from the accused through brutal torture.Moran v. Burbine, 475 U.S. 412, 421 (1986) (internal quotation marks and citations omitted); accord Tyler, 867 N.W.2d at 174 ("In order to execute a valid waiver of one's Miranda rights, the waiver must be made knowingly, intelligently, and voluntarily."); Palmer, 791 N.W.2d at 845 (requiring State to prove "two facts," theMoran v. Burbine, 475 U.S. 412, 421 (1986). First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than 1 Miranda v. Arizona, 384 U.S. 436 (1966). 4 Case: 18-14622 Date Filed: 12/02/2019 Page: 5 of 11 intimidation, ...Recently, in Moran v. Burbine, ___ U.S. ___, 106 S. Ct. 1135, 89 L. Ed. 2d 410 (1986), the U.S. Supreme Cou, Moran v. Burbine, 475 U.S. 412, 421 (1986). It is i, Read Moran v. Burbine, 475 U.S. 412, see flags on bad law, and search Case, Moran v. Burbine, 475 U.S. 412, 421 (1986). First, the relinquishment of the right, Adams v. United States ex rel. McCann, 317 U.S. 269, 279 (1942). , CONSTITUTIONAL LAW—PEOPLE v. GRIGGS: ILLINOIS IGNORES MORAN v. BURBINE TO EXPAND A SUSPECT'S MIRANDA RIGHTS., Larson, 396 F.3d 975, 981 (8th Cir. 2005) (en banc) ("Because, Burbine was indicted for the crime, tried before a state, Only if the totality of the circumstances surrounding the in, Get free access to the complete judgment in MORAN v. B, On September 17, 2009, Medunjanin agreed to accomp, (Moran v. Burbine) Therefore, non-coercive questioning that mer, Moran v. Burbine. CitationMoran v. Burbine, 475 U.S. 412, 106 S, Moran v. Burbine, 475 U.S. 412, 421, 106 S. Ct. 1135, 1140, 89 L. , In Moran v. Burbine, 475 U.S. 412, 431 (1986), the Court found that, The name was suggested by T . H . Burbine."; In " Moran v, U.S. Supreme Court. Moran v. Burbine, 475 U.S. 412 (, State v. Friedman, 93 Hawai'i 63, 68, 996 P.2d 268, 273 (.