Motion fails, must report to prison
The 9th US Circuit Court of Appeals announces that there is nothing novel about Keys’ conviction and that he is likely to lose on appeal. Therefore, the court rules (source), he should begin serving his time even while his appeal is pending.
Appellant has not shown that the appeal raises a “substantial question” of law or fact that is “fairly debatable,” and that “if that substantial question is determined favorably to defendant on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed,” or a sentence that does not include a term of imprisonment, or a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
Not sure when I'll have to go in. I'll keep you all posted. Short of a presidential commutation, nothing else we can do.
— Matthew Keys (@MatthewKeysLive) July 22, 2016
Telemetry confirms bike swap legal
Marquez’s pitstop during the German Grand Prix is ruled legal after IRTA examines the telemetry of the Spanish rider’s bike. Holding the clutch is not illegal, but from the German Grand Prix onwards due to safety reasons it is not legal to have a gear engaged. A closer look at the video posted on social media makes it clear that Marquez engages first gear right as he lands on the bike – a move confirmed by IRTA, which considers the matter to be closed.
Sentenced to three years for identity theft in US
Ulmer is sentenced to three years in prison by a North Carolina court for traveling with a stolen passport and aggravated identity theft. Ulmer traveled back to the U.S. using the stolen passport of his brother, Wayne Jacob Ulmer, Jr., just days before Costa Rica’s Judicial Investigation Police (OIJ) began to treat the disappearance and suspected murder of Struncova’s as suspicious.
Files appeal, stays out of prison
Keys’ lawyers file an emergency motion with the 9th Circuit Court of Appeals (source), allowing Keys to stay out of prison. The request is filed just hours after the federal judge who presided over Keys’ trial and sentencing, US District Judge Mueller denied a similar motion for release pending appeal. Keys’ defense attorney says that because the defacement that occurred at the Times was ultimately corrected from a backup, no damage was actually inflicted.
The damage minimum is a jurisdictional requirement of a CFAA charge. Without damage, there can be no conviction. Courts across the country have denied damage findings even in more extreme cases where files were deleted but recoverable.
An automatic stay has issued in the @MatthewKeysLive case. He will not be reporting to prison today.
— Jay Leiderman (@JayLeidermanLaw) June 15, 2016
Budweiser ad pulled
Ireland’s Advertising Standards Authority says complaints against a Budweiser ad featuring McGregor have been upheld. McGregor was the face of a competition which offered customers the opportunity to win €50,000 to travel to America to “fulfil their dreams”. Complainants said the ad was “irresponsible and inappropriate” because it linked a role model for children to alcohol, and that MMA was an “aggressive sport” and that linking it to an alcohol product was sending out a “dangerous message” to young children. The ASAI agreed with the complaints, saying the MMA star was a hero for young people and that the advertisement “should not be used in the same format again”.
Nungesser files second suit against Columbia
Nungesser files a second complaint against Columbia The 100-page complaint again alleges Columbia participated in gender-based harassment, sexual harassment and gender-based misconduct against Nungesser that “was severe, pervasive and objectively offensive” and that deprived him of educational opportunities. Nungesser questions whether male and female students have the same rights, and whether “a false accusation [is] all it takes to lose any right to a normal life and a normal college experience. Complaint:
Columbia’s institutional practice is largely based on the stereotype of the active, voracious, aggressive male and the passive, restrained, non-aggressive woman, which is sex-based stereotyping and overgeneralization that is discriminatory and a clear violation of Title IX.
Nungesser is seeking damages and declaratory relief. Nungesser:
I sincerely hope that Judge Woods allows my case to move on to trial. While I personally would like to put this case behind me, I also think this complaint raises some fundamental questions that our society deserves answers to.
Receives two year sentence
Judge Mueller sentences Keys to 24 months in prison, with 24 months supervised release following. The judge limits the amount of loss (for purposes of sentencing) to whatever had been presented at trial, determining that the appropriate range for sentencing was between 37 and 46 month Her final judgement, considering mitigating factors such as Keys’s otherwise clean record, his history of complying with law enforcement, and the unlikeliness that he would reoffend, is lower than her own recommendation. Mueller:
I think the parties agree, it’s not the crime of the century. [The effect of the defacement was] relatively modest and did not do much to actually damage the reputation of that publication [but that she could not ignore that his] intent was to wreak further damage which could have had further consequences…The mask that Mr. Keys put on appeared to allow a heartless character to utter lines that are unbecoming of the professional journalist that he holds himself to be, and is, in most respects, in fact.
Keys:
[W]e’re not only going to work to reverse the conviction but try to change this absurd computer law, as best we can.
Prosecution:
Those who use the internet to carry out personal vendettas against former employers should know that there are consequences for such conduct.
Keys is to surrender to a facility—likely a prison in Lompoc, California—on June 15. His defense says it is planning an appeal.
Extends contract through 2018
Rossi signs a two-year extension with Movistar Yamaha, continuing with the team for 2017 and 2018 seasons.
I am very satisfied with this decision. It has always been my plan to compete in motorsport for as long as I can be competitive and find it enjoyable at the same time.
Bike selfie prompts New Zealand police investigation
New Zealand police say Hamilton will not be charged after he posts two Snapchat videos of himself while riding a Harley Davidson. In one clip, Hamilton appears to be driving on a busy highway while filming over his shoulder. It is illegal to use a mobile phone while driving in New Zealand. Police:
The video footage available does not provide us with sufficient enough evidence that an offence has occurred. We would like to reiterate our earlier statements that police take the issue of mobile phone use whilst driving or riding very seriously. It is a significant distraction and a major risk to all road users.
Lawyers want no prison time
Keys’ defense lawyers file a 69-page sentencing memorandum, asking the court to impose no prison time at all or go with a “non-custodial sentence.” The filing goes to great lengths to illustrate Keys lengthy history in journalism, going way back to his elementary school days when he edited the school bulletin.
In recent years, Matthew’s sacrifices have paid off in the form of impactful journalism that has received national attention. His stories have encouraged discourse, influenced policy and won the attention and accolades from his peers in the industry, public interest groups and even law enforcement officials…[Keys] faces a far more severe sentence than any member of Lulzsec served. 60 months, which the Government seeks, would be more than any person engaged in hacking crimes during this period—by about double!
Prosecutors seek five years
In a 12-page sentencing briefing, Federal prosecutors ask a judge to impose a sentence of five years against Keys. Prosecutors say:
[Keys’ attack was ] an online version of urging a mob to smash the presses for publishing an unpopular story. [He employed] means that challenge core values of American democracy.
Loses appeal
Cosby’s appeal is dismissed by Montgomery County Judge O’Neill. After O’Neill said in previous hearing evidence was lacking that Cosby had a promise from a previous district attorney he would never be charged over the encounter with Constand, his lawyers had asked for an appeal to Superior Court. O’Neill:
An immediate appeal from these orders would not materially advance the ultimate termination of the matter.
There is no comment from Cosby’s lawyers.
Trump, Univision reach Miss USA settlement
Trump and Univision reach a settlement litigation that was initiated after the network decided not to air Trump’s Miss Universe and Miss USA pageants. Terms are not disclosed. Trump:
I have known Univision’s President and CEO, Randy Falco, for more than 20 years and I’m glad we are able to put these differences behind us.
Falco:
I have known Donald Trump for many years in both a personal and professional capacity and we are pleased to settle this matter and move forward.
Arrested
Chyna is arrested before her flight takes off at a Texas airport, bound for London. Police respond to a call of a woman whom appeared to be heavily intoxicated. Charges include: possession of a controlled substance and public intoxication.
SF Mayor requests federal probe
San Francisco Mayor Lee requests a federal investigation into the police shooting of Woods. Lee says that the federal investigation will invite “transparency and accountability” in the San Francisco police department:
We seek answers, not just to the facts of Mr Woods’ case, but also answers about how as a Police Department and a City we can build deeper, stronger trust between law enforcement and the communities they’re sworn to protect.
PP cleared; Abbot, Merritt charged
A Texas grand jury clears Planned Parenthood Gulf Coast of wrongdoing in an investigation launched last year under Gov. Abbott. The grand jury instead indicted two anti-abortion activists involved with covert videos about fetal tissue procurement. The activists, Daleiden and Merritt, have been charged with tampering with a governmental record. Daleiden has also been charged with violating a prohibition on the sale of human organs.
Tax fraud investigation opens
Italian police anounce an investigation into allegations of tax fraud by the nation’s top soccer teams. The probe affects 35 teams over two divisions, and has already resulted in a decree to seize assets worth $13 million from 58 people involved with professional soccer in Italy.
Shoots woman in theater
Gallion is arrested after he shoots Mallari in the back during a showing of 13 Hours. His attorney claims that Gallion was so concerned about the threat of mass shootings in cinemas that he defied the theater’s ban on concealed weapons and carried a handgun into the theater, and that the weapon accidentally discharged during the movie.
Detained
North Korea arrests Warmbier, a student at the University of Virginia, on charges of “committing a hostile act“ against the state. Warmbier entered North Korea through China as part of a tourist group through Young Pioneer Tours, a tourism company. The U. S. is working through the Swedish Embassy in Pyongyang to resolve the incident, as the U. S. and North Korea have no direct diplomatic relations. The U. S. State Department strongly advises U. S. citizens against travel to North Korea.
Teen charged
Saskatchewan authorities charge a 17-year-old boy with four counts of murder and seven counts of attempted murder in the shootings. He cannot be named due to his age, and no motive has been given for the attacks. The RCMP says the suspect will appear in court next week:
The days and weeks are going to be difficult as we come to terms with the impact of what has happened in our community. It’s a sad and difficult time and no words will take away the pain and sorrow of what has happened.