convicted felon in possession of a handgun kentucky

.210 Use of a weapon of mass destruction in the third degree. 2 In other places, like, New York and New Jersey, the laws are pretty strict. ATF investigated the case, along with the Calera Police Department. How do I keep bugs off my patio this spring? Kidnapping and Related Offenses, 509.020 Unlawful imprisonment in the first degree, 509.030 Unlawful imprisonment in the second degree, 510.037 Conviction for rape, sodomy, or sexual abuse or for criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of these crimes triggers application for interpersonal protective order, 510.120 Sexual abuse in the second degree, Chapter 511. Burglary and Related Offenses, 511.060 Criminal trespass in the first degree, 511.070 Criminal trespass in the second degree, 511.080 Criminal trespass in the third degree, 511.085 Domestic violence shelter trespass, 512.020 Criminal mischief in the first degree, 512.030 Criminal mischief in the second degree, 512.040 Criminal mischief in the third degree, Chapter 525. U.S. Attorney's Office, Southern District of Mississippi, Jackson Man Pleads Guilty to Being a Convicted Felon in Possession of a Firearm, Hinds County Sheriff Candidate Indicted for Soliciting Bribes and Providing Ammunition to a Convicted Felon, Former Jackson Police Department Officer Indicted for Selling a Firearm to a Convicted Felon, Canton Man Sentenced to Over Five Years in Prison for Possession of a Firearm by Convicted Felon. .050 Possession of defaced firearm. The offense is a Class C felony if the firearm is a handgun. Ultimately, in her two-page opinion, Judge Brady found the debate is settled and unworthy of a lengthy discussion. Kinetic Credit Unions Teacher Appreciation Week! Hiramu el Kenyatta Bey was convicted of being a felon in possession of a firearm and methamphetamine in 2021, but failed to appear at his April 26 sentencing hearing. Official websites use .gov 1801 4th Avenue North Committee Schedule, Office A felony offense generally is any offense that carries a punishment of more than one-year of imprisonment. According to court documents, Nigel Payton, 40, was found in possession of a firearm by a Jackson Police officer on September 28, 2021. If a convicted felon is found guilty of possessing a firearm in Kentucky, that person is convicted of committing a Class D felony, pursuant to KRS 527.040 (2). 403.715 Interpretation of KRS 403.715 to 403.785 by court. .080 Using restricted ammunition during the commission of a crime -- Exception. Distribution of sexually explicit images without consent. He was sentenced to 20 years in prison before being released in 2020. Additionally, on May 6, 2021, Sturgeon possessed with the intent to distribute 172 grams of methamphetamine, and he possessed a Beretta APX, nine-millimeter semiautomatic pistol. Eavesdropping and related offenses, Chapter 527. For representation in Northern Kentucky, contact Michael Bouldin at Bouldin Law Firm or call 859-581-6453 (581-MIKE). According to court documents, on October 19, 2022, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents executed a warrant on Schutzs residence after witnesses had notified the ATF that Schutz had shot multiple firearms at a shooting range. Payton will be sentenced on August 2, 2023 and faces a maximum penalty of ten years in prison and a $250,000 fine. She briefly pointed to colonial bans on carrying firearms in a way that terrifies people and an 1866 South Carolina ban on disorderly people bearing arms. The Kentucky State law is: 527.040. Can a Convicted Felon Own a Gun in Kentucky? Raymond Richmond of Columbus pleaded guilty to illegal possession of a firearm by a convicted felon before U.S. District Judge Clay Land. MCSO arrests convicted felon and woman in possession of fentanyl, cocaine, marijuana by: Simone Gibson. Tobacco, and Firearms (ATF). Get the Latest Updates with the News 3 App! Both felonies also include fines from $1,000 to $10,000. felon in possession of a weapon, resisting arrest and . The Ridgeland Police Department and the ATF investigated . Possession of a Firearm by a Convicted Felon; Jackson, Miss. Patrick Charles Schutz, age 38, of Casper, Wyoming, was sentenced for being a felon in possession of firearms to 28 months in prison with three years of supervised release and a $100 special assessment. Kentucky Revised Statute 237.070 makes it a crime to knowingly transfer or sell a firearm to a convicted felon. A Lexington criminal defense lawyer can help you build a defense against the charges. A .gov website belongs to an official government organization in the United States. Think outside the box this Mothers Day and opt for gifts other than flowers and chocolate. Quiet Friday but storms return by early Sunday morning. 403.720 Definitions for KRS 403.715 to 403.785, 403.725 Petition for order of protection; venue; verified contents; concurrent jurisdiction; protocols for access and supplemental jurisdiction; referral, 403.730 Immediate review of petition; summons to evidentiary hearing; ex parte emergency protective order, 403.735 Hearing on petition for order of protection; criteria to assess appropriate relief and sanctions; continuance of hearing and emergency protective order, 403.740 Domestic violence order; restrictions; temporary child support; expiration and reissuance, 403.745 Duration of emergency protective order and domestic violence order; prohibited costs and conditions; mutual orders of protection; amendment; expungement, 403.750 Order of protection for family member or member of unmarried couple upon filing of petition or action under KRS Chapter 403, 403.7505 Certification standards for mental health professionals providing court-mandated treatment; list of certified providers to Administrative Office of the Courts; submission of data to cabinet; distribution of compiled data, 403.751 Entry of summons or order of protection issued pursuant to KRS 403.715 to 403.785 into Law Information Network of Kentucky, 403.7521 Foreign protective orders; rebuttable presumption of validity; enforcement; civil and criminal proceedings mutually exclusive, 403.7524 Statement to assist out-of-state court in determining whether order issued under KRS 403.715 to 403.785 is entitled to full faith and credit, 403.7527 Filing of foreign protective order and affidavit; certification by issuing court official; entry into Law Information Network of Kentucky, 403.7529 Authentication of foreign protective order, 403.7531 Clearing of foreign protective orders from Law Information Network of Kentucky, 403.7535 Duty to notify court of change in foreign protective order, 403.761 Amendment of domestic violence order to require participation in global positioning monitoring system; cost to be paid by respondent and system operator; shortening or vacating of order; penalty for violation, 403.763 Violation of order of protection constitutes contempt of court and criminal offense, 403.785 Duties of law enforcement officers and agencies, 405.028 Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child; waiver; child support obligation, Chapter 431. Bureau of Alcohol, Tobacco, Firearms and Explosives. General Provisions Concerning Crimes and Punishments, 431.064 Pretrial release of person arrested for assault, sexual offense, or violation of protective order; conditions; hearing; victim entitled to copy of conditions of release; entry of conditions into Law Information Network; penalty, Title XLII. The penalties for firearm crimes depend on whether you are convicted of a felony or a misdemeanor. Under the law, someone who is a youthful offender is also considered a felony. A lock ( %%EOF A .gov website belongs to an official government organization in the United States. In such states, possessing a firearm as a felon would cause automatic imprisonment. Kentucky Revised Statutes Title 50. Payton will be sentenced on August 2, 2023 and faces a maximum penalty of ten years in prison and a $250,000 fine. And, to be sure, there is a healthy debate in the case law about who the people are. They lose those rights when they are convicted of a felony and may never regain those rights. Lock Possession of a firearm by a felon is considered to be a felony crime in itself. For more information, contact the criminal defense attorneys at Suhre & Associates, LLC give us a call today at (859) 569-4014 or visit us at our Lexington law office. Sturgeon also possessed a SCCY CPX-1, nine-millimeter semiautomatic pistol, and a Taurus 85 Ultralite, .38 special caliber revolver. All rights Reserved, Last Effective Dates, Expirations, and Certifications, Career It also applies to youthful offenders convicted of felony charges. The law also applies to people convicted of felonies as youthful offenders. Firearms and Destructive Devices, 237.100 Notification of purchase of firearm or attempt to purchase firearm; immunity, 237.110 License to carry concealed deadly weapon; criteria; training; application; issuance and denial of licenses; automated listing of license holders; suspension or revocation; renewal; prohibitions; reciprocity; reports; requirements for training classes, Title XXXII. 15.2% of felon in possession of a firearm offenders were convictedof one or more statutes with a mandatory minimum penalty:3.8% were sentenced under 18 U.S.C. Therefore, you could face substantial time in prison for a conviction. An indictment contains only charges. Copyright 456 0 obj <>stream Chanz Outing. .070 Unlawful possession of a weapon on school property -- Posting of sign -- Exemptions. Cummings was arrested by Fort Wayne, Indiana police last summer for selling methamphetamine, fentanyl, and a revolver to an informant, according to WANE. (1) A person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the . KENTUCKY PENAL CODE Chapter 527. Even though you are not a felon, you can be arrested for a crime if you sell or transfer a gun to a felon. . As authorities were taking Paige into custody, MCSO Investigators noticed a quantity of cocaine in plain view.. 924(e), the ArmedCareer Criminal Act (ACCA);25.6% were convicted of violating 18 U.S.C. According to court documents, 41-year-old Chanz Outing, of Cadiz, possessed a shotgun having a barrel length of less than 18 inches that was not registered to him in the National Firearms Registration and Transfer Record. Wyatt was convicted in the Circuit Court of Elmore County, in May 2006, of the offense of Obstructing Justice Using a False Identity; in the Circuit Court of Chilton County in October 2005, of the offense of Unlawful Possession of a Controlled Substance, and in October 2003, Criminal Mischief, First Degree. Either is enough to defeat Defendants motion.. Dissolution of Marriage; Child Custody, 403.140 Marriage; court may enter decree of dissolution or separation, 403.170 Marriage; irretrievable breakdown, 403.200 Maintenance; court may grant order for either spouse, 403.270 Custodial issues; best interests of child shall determine; rebuttable presumption that joint custody and equally shared parenting time is in childs best interests; de facto custodian, 403.315 Presumption that joint custody and equally shared parenting time is in best interest of child inapplicable if domestic violence order entered against a party, 403.320 Visitation of minor child; military deployment of parent or custodian; visitation rights of custodial relatives following termination of parental rights of others, 403.322 Custody, visitation, and inheritance rights denied parent convicted of felony sexual offense from which victim delivered a child; waiver; child support obligation. Possession of a firearm by a convicted felon is a Class D felony charge. Posted: Apr 27, 2023 / 06:50 PM EDT. Sentencing will occur within 90 days. This is a class D felony for most, but class C felony for handgun. To spend judicial resources agonizing over which the Court should hang its hat on is little more than spilled ink, she wrote. It is being prosecuted by Assistant United States Attorney Jessica S. Terrill. If you want a pest-free patio this spring, the most important thing you can do is take away those elements that bugs find desirable. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. The following people were indicted Wednesday by a Warren County grand jury: Brittany Nayshaye Barnes, 33, 8729 Merrill Circle, first-degree trafficking in a controlled substance (greater than two . Fax Line: (205) 244-2171. A convicted felon's possession of a firearm is privileged in limited enumerated circumstances. The case was investigated by the ATF Bowling Green Field Office and the Barren River Drug Task Force. 501 E. Court St. . .060 Forfeiture. (3) The provisions of this section shall apply to any youthful offender convicted of a felony offense under the laws of this Commonwealth. How To Cope With The Stress Of Title IX Allegations. An official website of the United States government. Surprise your mom with one of these Mothers Day. There is no parole in the federal system. Judge Brady was indignant at his attempt to have the gun possession charges tossed, arguing his plea flies in the face of a virtual mountain of case law. She said, ninety-plus defendants that have hoed the same row in the past and been denied. (1) A person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the laws of the jurisdiction in which he was convicted, in any state or federal court and has not: hb``d``rX@3ZfADT{r2-@R@yH ,XABALFS\0u0Pyj| P2 WXf0`u 7@A$\/@z( # MCSO later obtained a search warrant for the residence where Paige was located at the time of his arrest. A locked padlock The 40-year-old was convicted of shooting a woman over an unpaid debt in 2005. .080 Using restricted ammunition during the commission of a crime -- Exception. Stephen Gutowski is an award-winning journalist who reports on firearms policy and politics. "The message is out that . The maximum penalty for being a felon in possession of a firearm is 15 years in prison. Birmingham, Alabama 35203, Telephone: (205) 244-2001 Turner YMCA, CPD and emergency management officials host active, Threat Awareness Session for nonprofits in Columbus. A defendant is presumed innocent unless and until proven guilty. Gulfport: (228) 563-1560. According to MCSO, the sheriffs office drug, gang, and fugitive unit and the Phenix City Police Department (PCPD) located and arrested Jonathan Paige. WomensLaw serves and supports all survivors, no matter their sex or gender. Offenses Relating to Firearms and Weapons. But that debate is interesting only if you view the law as a zesty academic affair rather than a way to run an ordered society.. Potential defenses to firearm charges include: In addition to a specific defense related to firearms, your criminal defense attorney might also argue that law enforcement violated your civil rights. Best gifts for the graduate with travel plans, Sunny, breezy and a little cool for the first day, CPD investigating shooting on 32nd Street, Sunday Conversation: Columbus State SGA President, Showers clear by midday; pleasant until Friday, WEATHER AWARE: Tracking overnight storms, otherwise, Weather Aware Saturday afternoon and Sunday morning. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). (4) The provisions of this section with respect to handguns, shall apply only to persons convicted after January 1, 1975, and with respect to other firearms, to persons convicted after July 15, 1994. Schutz admitted to being a felon in possession of firearms and agreed to forfeit them as part of his sentence. If the firearm is a handgun, it becomes a Class C felony. Custody, Shared Parenting, Visitation and Support. NNEDV is a 501(3) non-profit organization; EIN 52-1973408. She argued that, even if Cummings is part of the people mentioned in the Second Amendment, historical tradition would allow the government to restrict his access to guns. .040 Possession of firearm by convicted felon -- Exceptions -- Applicability to youthful offenders. Assistant U.S. Attorney Mark J. Yurchisin II, of the United States Attorneys Bowling Green Branch Office, prosecuted the case. Suhre & Associates, LLC Lexington 333 West Vine Street #300-19 Lexington, KY 40507 United States, Or, Click Here to schedule an appointment, 333 W. Vine St. #300 Lexington, KY 40507 Lexington Law Office Map, 2023 - Suhre & Associates, LLC - All Rights Reserved, Privacy Policy | Disclaimer | Sitemap | Lexington Criminal Defense Attorney. If you are convicted of a felony offense in Kentucky or another state, you cannot own a gun in Kentucky unless: Felons do not possess the same rights as other individuals. (2) (a) Possession of a firearm by a convicted felon is a Class D felony unless the firearm possessed is a handgun in which case it is a Class C felony. OFFENSES RELATING TO FIREARMS AND . She further ruled that barring felons from owning guns is consistent with historical gun restrictions. State Laws. 0 Possession of a Gun by a Convicted Felon in Kentucky Kentucky Revised Statute 527.040 states that you are guilty of a crime when you possess, transport, or manufacture a firearm after being convicted of a felony offense. Jackson, Miss. The maximum penalty for being a felon in possession of a firearm is 15 years in prison. Convicted felons do not have gun rights, according to a new federal ruling. Patrick Charles Schutz, age 38, of Casper, Wyoming, was sentenced for being a felon in possession of firearms to 28 months in prison with three years of supervised release and a $100 special assessment. During the search, authorities found the following items: The MCSO says Paige and his girlfriend, Fatira Jimeson, were both arrested and charged with the following: MCSO Investigators transported Paige and Jimeson to the Muscogee County Jail without incident. A two-count indictment filed in U.S. District Court charges Timothy Jabbar Wyatt, 31, of Clanton, with being a felon in possession of a firearm and possession of a firearm by a prohibited person who has been convicted of a misdemeanor crime of domestic violence. (1) A person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the laws of the jurisdiction in which he was convicted, in any state or federal court and has not: . ) or https:// means youve safely connected to the .gov website. Possession of a firearm by a convicted felon is a Class D felony unless the firearm is a handgun, and then it's a Class C felony. ) or https:// means youve safely connected to the .gov website. U.S. District Court Judge Alan B. Johnson imposed the sentence on April 24, 2023. Justice Amy Coney Barrett dissented in favor of restoring the gun rights of a non-violent felon in 2019s Kanter v. Barr. Richmond faces a maximum sentence of 10 years in prison to be followed by at least three years of supervised release and a maximum $250,000 fine. According to court documents, on October 19, 2022, Bureau of Alcohol, Tobacco, Firearms, and United States v. Cummings does not deal with the question of non-violent felon gun rights, though. Additionally, the firearm transferred to the felony is subject to forfeiture. .030 Defacing a firearm. Payton has a prior felony conviction for manslaughter in Hinds County and is prohibited from possessing a firearm. She dismissed his legal argument as little more than academic., Defendant has chosen the first step as the hill he will die on, arguing that he is one of the people whose right to bear arms is protected by the Second Amendment, regardless of his extensive criminal history, Judge Brady wrote. Payton has a prior felony conviction for manslaughter in Hinds County and is prohibited from possessing a firearm. A felony conviction in any state prohibits you from owning or possessing a firearm in Kentucky. 7:35 pm. Felon in possession refers to the federal crime that prohibits a felon from possessing a firearm. A Jackson man pleaded guilty to being a convicted felon in possession of a firearm, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation. As a convicted felon, it is contrary to federal law for Lewis to possess any firearm. hbbd```b``3@$v~&@$-"YEH0)9V VY&7fmf[Pa2`1$Km G Title 18, Section 922 (g) of the U.S. Code states: " [i]t shall be unlawful for any person (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year . to ship or transport in interstate or . Sturgeon was prohibited from possessing a firearm because he had previously been convicted of the following felony offenses. A locked padlock endstream endobj 400 0 obj <. 1 In some states, the laws are pretty flexible. 531.120. U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, and Ron Lafferty of the Barren River Drug Task Force made the announcement. According to Kentucky Revised Statutes 527.040, you can be charged with the crime of Possession of a Firearm by a Convicted Felon if you possess, transport, or manufacture a firearm with a felony conviction from any state or federal court. Possession of a firearm by a convicted felon is a Class D felony charge. Whether its a short vacation or theyre jetting off to begin their career, show the future traveler you care with a meaningful graduation gift. A lock ( On February 3, 2015, in Barren Circuit Court, Sturgeon was convicted of manufacturing methamphetamine, first offense and first-degree possession of a controlled substance, second offense. Sentencing Guidelines and other statutory factors. Possession of a firearm by a convicted felon is categorized as a Class D felony. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. OFFENSES RELATING TO FIREARMS AND WEAPONS Current through Chapter 162, with the exception of Chapter 1, of the 2012 Legislative Session 527.040. Class D felonies are punishable by up to five years and not less than one year in prison, as set out in KRS 532.020 (1) (a). State v. Coleman, 206 Wis. 2d 199, 556 N.W.2d 701 (1996), 95-0917. Lewis has a prior felony conviction for armed robbery. Miscellaneous Practice Provisions, 456.030 Petition for interpersonal protective order, 456.040 Review of petition for interpersonal protective order; temporary interpersonal protective order, 456.060 Ruling on petition for interpersonal protective order; duration of order, 500.080 Definitions for Kentucky Penal Code, Chapter 508. Have a question about Government Services? 14.8% of felon in possession of a firearm offenders were convicted of one or more statutes with a mandatory minimum penalty: 4.3% were sentenced under the Armed Career Criminal Act Riot, Disorderly Conduct, and Related Offenses, 525.085 Dissemination of personally identifying information, 525.125 Cruelty to animals in the first degree, 525.130 Cruelty to animals in the second degree; exemptions; offense involving equines, Chapter 526. Showers south of Columbus tonight; early storms Sunday, Weather Aware: Strong storms this afternoon, Thursday afternoon, tracking the set-up for severe, Armor collection open house, live-fire exercise,, BestReviews.com - Top gifts to make everyone happy this spring, Mothers Day inspo: This foot massager has 20,000, Drew Barrymores Walmart collection is perfect for, Best Mothers Day gifts for the budding plant mom, Best Mothers Day Gifts for moms obsessed with books, Do Not Sell or Share My Personal Information, Possession of Cocain with Intent to Distribute, Possession of a Firearm During the Commission of a Crime, Possession of a Firearm by a Convicted Felon. document.write(new Date().getFullYear()); Kentucky MUSCOGEE COUNTY, Ga. (WRBL) On Thursday, the Muscogee County Sheriffs Office announced the arrest of a couple possessing fentanyl, cocaine, marijuana, and a firearm in Muscogee County. Here is the KY statute: 527.040. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. %--span>. This case was investigated by the FBI and the Jackson Police Department. .200 Use of a weapon of mass destruction in the first degree. (b) If a felon is convicted of a criminal offense other than possession of a firearm by a convicted felon, and he or she possessed a firearm in commission of that offense, then the felon shall be penalized for violating this section one (1) class more severely if it is a second or subsequent violation of this section. endstream endobj startxref Sturgeon was prohibited from possessing this firearm because he had previously been convicted of the above stated felony offenses. This crime was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Have a question about Government Services? Family Court Rules of Procedure and Practice, III. Furthermore, you also face losing some of your rights as a convicted felon. Kentucky Revised Statutes Title 50. The penalty for violating the law is a fine of $500 and up to 90 days in county jail. What states can felons own black powder guns? Both are punishable by fines from $1,000 to $10,000. The important thing to remember is not to panic if you are arrested for firearm crimes in Lexington. The penalty for possessing a firearm as a convicted felony depends on the felony class and any aggravating factors. Being convicted of a felony in Kentucky has serious consequences. The exceptions contained in KRS 527.100 prohibiting possession of a handgun by a minor shall not apply to this section. (b) Been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended. Secure .gov websites use HTTPS According to the indictment, on January 15, 2023, Wyatt illegally possessed a Sundance .25 caliber pistol. Wyatt was convicted in the Municipal Court of Prattville, Alabama, in May 2014, of a misdemeanor crime of Domestic Violence, Third Degree - Harassment. A federal district judge will determine any sentence after considering the U.S. The MCSO says Paige is a validated gang member and was wanted by PCPD for Trafficking Heroin, Trafficking Methamphetamine, and Trafficking Fentanyl. Assault and Related Offenses, 508.032 Assault of family member or member of an unmarried couple, 508.040 Assault under extreme emotional disturbance, 508.060 Wanton endangerment in the first degree, 508.070 Wanton endangerment in the second degree, 508.100 Criminal abuse in the first degree, 508.110 Criminal abuse in the second degree, 508.120 Criminal abuse in the third degree, 508.130 Definitions for KRS 508.130 to 508.150, 508.170 Strangulation in the first degree, 508.175 Strangulation in the second degree, Chapter 509. U.S. Attorney's Office, Northern District of Alabama, Independent Shooting Review Advisory Council, Convicted Felon Charged with Illegal Firearm Possession, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Honduran Man Sentenced to Two Years in Prison for Illegal Possession Ammunition, Hueytown Man Sentenced to More than 12 Years in Prison on Gun and Drug Charges, Mississippi Resident Sentenced to Twelve Years in Prison for Armed Carjacking. Secure .gov websites use HTTPS You have the right to legal counsel and the right to fight criminal charges. These prohibitions include a person who was convicted of a felony offense as a "youthful offender" in the state. In either case, you could be incarcerated and pay a substantial fine.

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