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Beltrami County District Court
Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before Judge Paul Benshoof:

Joyce Mae Strong, 45, of Bemidji, pleaded guilty and was sentenced Sept. 14 for gross misdemeanor second-degree DWI-refusal to submit.

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She was sentenced to one year in jail, of which 335 days were stayed for three years. She must serve 27 days in jail with credit for three days served; pay a fine of $858; granted Sentenced To Service; placed on probation to the courts for three years; sentence to be served consecutively with a separate case; she must complete a chemical dependency evaluation/treatment; not use alcohol; not enter bars or liquor stores; submit to random testing and not have any same or similar offenses.

At 5:30 a.m. Aug. 16, Beltrami County Sheriff's deputies were advised of a possible drunk driver traveling southbound on Irvine Avenue. It was reported that the driver nearly hit the guard rail as it crested the bridge on Irvine Avenue. The driver was also swerving all over the road. A deputy responded to the call and observed the vehicle turn south into a housing development ignoring the barricades. The deputy observed that the vehicle had white light emitting from the passenger side tail light and initiated a traffic stop. The driver was identified as Strong. She displayed slow and lethargic movements, spoke with a thick tongue and smelled of alcohol. There were also bottles of beer lying on the floor. She failed field sobriety tests and registered a preliminary breath alcohol concentration of .232. She was arrested and transported to the Beltrami County Jail. She was asked to take a breath, blood and urine test and refused to submit to either of them. She became belligerent, vulgar and argumentative. She has one prior DWI conviction.

David Murray Bowen, 42, of Duluth, pleaded guilty Aug. 3, and was sentenced Sept. 14 for felony fifth-degree drugs -procure/possess/control by false title.

He was sentenced to probation before conviction with successful completion of probation resulting in a dismissal of the charge. He must serve 12 days in jail; five years of supervised probation; pay a fine of $750; follow all instructions of probation; complete a chemical dependency evaluation/treatment; not use controlled substances; submit to random testing and searches; sign medical authorizations to the Department of Corrections and follow all doctors' orders; take medications in the prescribed dosage and frequency and remain law-abiding.

At 10:30 a.m. July 13, a Bemidji Police officer spoke with an employee at North Country Regional Hospital about a suspicious man who had visited the emergency room on several occasions and had used different names and Social Security numbers. The man had received a prescription for Lorcet on two of these occasions. The man was questioned by the officer and identified himself with a false name and birth date. He said that he did not have a driver's license or any identification. In the parking lot the man gave the officer his real name and birth date. He was arrested and transported to the Beltrami County Jail.

Carl Edward Emil Jurkovski, 23, of Bemidji, changed his plea Sept. 22 to guilty to felony fifth-degree possession of drugs. His next court date will be Oct. 26.

On June 20, Bemidji Police officers responded to a liquor store regarding a report of a minor attempting to purchase alcohol. While the officers were investigating the matter, they observed Jurkovski exit the liquor store carrying two cases of beer and a 12-pack of malt beverages from the liquor store. This was in violation of conditions established for a felony charge of receiving stolen property. The officers arrested Jurkovski and seized several Vicodin tablets, a Schedule III controlled substance, pursuant to a search incident to arrest. Jurkovski informed the officers that his employer gave him the medication. A small amount of marijuana was also seized. He has prior convictions for receiving stolen property and third-degree burglary.

Melissa Marie Manypenny, 27, of Naytahwash, pleaded guilty Sept. 22 to felony fifth-degree possession of Hydrocodone; misdemeanor giving a peace officer a false name and misdemeanor theft. Her next court date will be Oct. 26.

At 7 p.m. Aug. 29, 2008, a Bemidji Police officer responded to a local department store to investigate a woman detained for shoplifting. An employee of the store reported that a woman was acting suspiciously in the children's department. The woman selected six pairs of jeans and left them on the display. She then picked out two items from the clearance rack and paid for them. After paying, she went back to jeans and placed them in her bag and walked out of the store. The officer asked the woman for identification which she was unable to provide. She provided the officer with a name and birth date. The officer searched for the name and was unable to find anyone by that name. The woman refused to give her real name and was arrested. She physically resisted the arrest and was brought under control by the officer. The officer seized 35 tablets of Clonazapam a Schedule IV controlled substance and 22 tablets of Hydrocodone a Schedule II controlled substance from the suspect. The identity of the shoplifter was confirmed as Manypenny. Manypenny did not have prescriptions for either of the medications and had two outstanding warrants for her arrest.

Donald Robert Fleischman, 72, of Baudette, Minn., pleaded guilty Sept. 22 to felony first-degree DWI. His next court date will be Oct. 26.

At 7:20 p.m. Nov. 20, a Minnesota State Patrol trooper responded to the scene of a one-vehicle crash with an injury on state Highway 72. EMS arrived on the scene and extricated the male driver and a dog from the vehicle. The vehicle was under water and the driver was hypothermic. The driver was transported to Lakewood hospital in Baudette. The trooper observed the male to have red eyes and the smell of alcohol. The trooper identified the driver by a hunting and fishing license. A blood sample was drawn that registered a .20 blood alcohol concentration. His driver's license was cancelled as inimical to public safety. He has six prior DWIs, three of which occurred within the past 10 years. He also had an outstanding warrant for his arrest from Crow Wing County. Crow Wing County arrested him upon his discharge from the hospital.

Jason Elliot King, 29, of Bemidji, pleaded guilty Sept. 8 and was sentenced Sept. 22 for gross misdemeanor fourth-degree assault of a peace officer.

He was sentenced to one year in jail, of which 331 days were stayed for two years. He must serve 11 days in jail and was given credit for 23 days served, to be served consecutively with a separate case; two years of supervised probation; pay a $833 fine; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; complete treatment; remain law-abiding; not have any contact with victims; follow all instructions of probation; stay a reasonable distance away from victim's residence.

At 10:15 p.m. Aug. 29, Bemidji Police officers were dispatched to residence on the 2900 block of Pine Ridge Avenue on a report of an assault. A female witness reported that King might be beating up his girlfriend in her apartment. The officers arrived on the scene and located the female outside of her residence. She reported that King was inside her apartment and was beating his girlfriend. She requested he be removed from her apartment. The officers entered the apartment and found a man, subsequently identified as King, sitting on the couch with a beer in his right hand and a bottle of whiskey on the floor. He refused to provide his name to the officer, even after repeated requests. He was informed that he would be arrested if he did not provide his name. He identified himself, and a check of his records revealed that he had been sentenced for second-degree DWI and had an active no-drink order and random testing condition. He was informed that he was under arrest. He said he was not going to comply and was going to fight any officers who attempted to arrest him. He told the officers he would comply if they would retrieve his seizure medications for him. The medication was retrieved, but he continued to threaten the officers. After 15 minutes of failing to comply, the officer took King's hand in an attempt to get him to stand up, and King became tense and took an aggressive stance. Two additional officers stepped into assist and grabbed him. At that point he began to actively fight and resist. King tried to punch the officers, and he kicked one of the officers in the head. He was handcuffed and escorted outside the building. King told the female witness that "he would see her when he got out" in an angry manner. During the arrest, he uttered that the court never told him he couldn't drink, or if they had he would have stayed sober. He registered a preliminary breath alcohol concentration of .313.

Kerry Ann Kellar, 25, of Bemidji, pleaded guilty July 13 and was sentenced Sept. 23 for felony ineligible voter knowingly votes.

She was sentenced to 366 days in prison, which was stayed for five years; she must serve 75 days in jail; given credit for 151 days served; five years of supervised probation; follow all instructions of probation; submit a DNA sample; remain law-abiding; complete treatment; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing and searches; follow all doctors orders and any mental and physical treatment recommended; complete cognitive skills training at the directive of the Department of Corrections; take medications in the prescribed dosage and frequency and pay a fine of $1,080, of which $750 is stayed .

On Nov. 4, Kellar registered to vote in the general election. She was convicted in 2006 of felony fifth-degree controlled substance crime. The conviction makes her ineligible to vote.

Rawlen Everett Guinn, 37, of Bemidji, pleaded guilty and was sentenced Sept. 22 for gross misdemeanor driving after cancellation as inimical to public safety.

He was sentenced to one year in jail, which was stayed for two years; placed on probation to the courts for two years; pay a fine of $383; not drive without insurance or have any driver's license violations.

At approximately 8 p.m. May 24, a Beltrami County Sheriff's deputy observed a vehicle traveling northbound on Mission Road with malfunctioning taillights. The deputy initiated a traffic stop and the driver identified himself. The name given by the man could not be found in the system. The deputy spoke with a female passenger, who identified the driver as Guinn. His license was cancelled as inimical to public safety. He also had an outstanding warrant in Mahnomen County. When informed of this, he admitted that he was Guinn and that he had lied because he knew his driver's license was cancelled.

Robert Raymond Mitchell, 23, of Bemidji, pleaded guilty and was sentenced Sept. 22 to gross misdemeanor obstruction of legal process - interfering with a peace officer and gross misdemeanor third-degree DWI - refusal to submit.

He was sentenced to one year in jail, of which 335 days were stayed for two years; he must serve 26 days in jail with work release granted; placed on probation to the courts for two years; pay a fine of $916; complete a chemical dependency evaluation/treatment within 45 days; not use alcohol; not enter bars or liquor stores; submit to random testing and not have any same or similar offenses.

At 10:30 p.m. May 8, a Bemidji Police officer observed a vehicle traveling northbound on U.S. Highway 71 at 74 mph in a 60 mph zone. The officer initiated a traffic stop and identified the driver as Mitchell. When advised of the reason for the stop, Mitchell stated that "he only had a short distance to go to get home." Mitchell also displayed bloodshot, watery eyes, slurred speech and a strong odor of alcohol. He was asked to exit the vehicle and had to use the car to keep his balance. He refused to perform field sobriety tests. A Beltrami County Sheriff's deputy arrived to assist the officer; Mitchell then decided to complete the field sobriety tests. He failed the horizontal gaze nystagmus test and refused to perform the one-legged stand or any other tests. He registered a preliminary breath alcohol concentration of .214. He was informed that he would be arrested and brought to Beltrami County Jail. He became belligerent and combative, and after being handcuffed, refused to enter the squad car. The officers told him that he would have to be physically placed in the vehicle. After a struggle the officer and the deputy were able to get him into the squad car. He refused to place his legs in the vehicle and repeatedly kicked the officer in the chest. Mitchell was physically lifted into the vehicle, where he proceeded to kick the windows until the officer placed restraints on his legs. He was transported to the jail where he refused to submit to a breath or urine test.

Aung Si Thu, 35, of Minneapolis, pleaded guilty and was sentenced Sept. 15 for gross misdemeanor third-degree DWI - refusal to submit and gross misdemeanor driving after cancellation.

He was sentenced to one year in jail, of which 362 days were stayed for two years; given credit for three days served; placed on probation to the courts for two years; pay a fine of $608; complete a chemical dependency evaluation/treatment within 30 days; follow recommendations of evaluation; not have any same or similar offenses; not drink and drive and was given 72-hours to advise court administration of current address and immigration status.

At 12:54 a.m. Sept. 13, a Bemidji Police officer observed a vehicle traveling north on Bemidji Avenue with malfunctioning tail lights and no visible license plate. The officer initiated a traffic stop and identified the driver as Thu, whose license had been cancelled because of his failure to provide documentation of his residence. Thu displayed odor alcohol and watery and glassy eyes. He failed field sobriety tests and registered a preliminary breath alcohol concentration of .174. He was arrested and transported to the Beltrami County Jail where he refused to submit to a breath test.

Phillip Aaron Galactus Bryant, 29, of Laporte, pleaded guilty and was sentenced Sept. 22 for gross misdemeanor third-degree DWI.

He was sentenced to one year in jail, of which 338 days were stayed for three years. He must serve 27 days on work release, if eligible; placed on probation to the courts for three years; pay a fine of $758; complete a chemical dependency evaluation/treatment within 30 days; not drink and drive; submit to random testing; not have any same or similar offenses and complete the ASPEN program.

At 12:25 a.m. May 2, a call was received at the Beltrami County Law Enforcement Center about a possible intoxicated driver traveling southbound on Irvine Avenue Northwest. An officer responded to the area and observed the vehicle, which had an expired registration tags. The officer initiated a traffic stop and identified the driver as Bryant, who displayed bloodshot, watery eyes and the odor of alcohol. When asked how much he had to drink he said "not much." He failed field sobriety tests and registered a preliminary breath alcohol concentration of .182. He was arrested and transported to the Beltrami County Jail where he registered a breath alcohol concentration of .18. In a statement, he admitted to drinking beer and whiskey. His license was suspended, and he has one prior DWI conviction.

Byron William Garbow Jr., 29, of Cass Lake, pleaded guilty to gross misdemeanor second degree DWI - refusal to submit. The charge of gross misdemeanor driving after revocation was dismissed.

He was sentenced to one year in jail, of which 280 days were stayed for four years. He must serve 85 days in jail; placed on probation to the courts for four years; pay a fine of $1,108; Sentenced To Service granted; complete a chemical dependency evaluation/treatment by Oct. 2; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing and have no same or similar offenses.

At 9:35 p.m. June 20, a Beltrami County Sheriff's deputy stopped a vehicle traveling north on Roosevelt Road Southeast at speeds of 76-77 mph in a 55 mph zone. The deputy identified the driver as Garbow and also identified a female passenger. Garbow appeared intoxicated and failed field sobriety tests. He registered a blood-alcohol concentration of .223. The deputy saw the woman move into the driver's seat and drive away. The deputy caught up to the vehicle and arrested the woman. Garbow was arrested and transported to Beltrami County Jail. At the jail, Garbow was read the implied consent advisory. He was provided with a telephone and phone book, which he did not use. At 10:35 p.m., he was read his Miranda rights and remained silent. His license was under revocation, and he had two prior convictions for refusal to submit.

Paul Louis Kramer III, 21, of Bemidji, pleaded innocent to driving after cancellation as inimical to public safety. The charges were dismissed Sept. 22.

Edward Samuel Bushie, 55, of Bemidji, pleaded guilty and was sentenced Sept. 22 for gross misdemeanor third-degree DWI.

He was sentenced to one year in jail, of which 310 days were stayed for six years. He must serve 55 days in jail; granted credit for three days served; Sentenced To Service granted; six years of supervised probation; pay a fine of $858; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; follow all instructions of probation; not have any same or similar offenses and completed chemical dependency evaluation/treatment within 30 days of being released from custody.

At 11:42 p.m. May 8, a Minnesota State Patrol trooper observed a vehicle traveling 65 mph in a 55 mph zone. He initiated a traffic stop and identified the driver as Bushie. Bushie smelled of alcohol and had bloodshot, watery eyes and slurred speech. He failed field sobriety tests and registered a preliminary blood-alcohol concentration of .205. He has six prior DWI convictions. He had been completely rehabilitated and his driving privileges were reinstated in 2002.

In Beltrami County District Court before Judge John Melbye:

Andrew Stanton Thomas, 28, of Bemidji, pleaded guilty June 29 and was sentenced Sept. 22 for felony fifth-degree sale of drugs.

He was granted a stay of imposition with successful completion of probation resulting in a misdemeanor conviction. He must serve 30 days in jail; pay a fine of $1,050; five years of supervised probation; complete a chemical dependency evaluation/treatment and follow recommendations of evaluation; not be in the presence of anyone consuming drugs; complete a diagnostic assessment; not use controlled substance use; submit to random testing; supply a DNA sample and follow all instructions of probation.

On May 28, Paul Bunyan Drug Task Force agents executed a search warrant at a home in Hillcrest Manor. Upon arrival, officers met the tenant of the residence. The tenant informed them that he was aware that Thomas was using a back room of the trailer to grow and cultivate marijuana. He informed agents that approximately four months ago Thomas approached him and asked to rent a portion of the unoccupied back bedroom. He stated that Thomas informed him that he was going to "keep his plants" in the back bedroom. The owner said he could keep his plants in the back bedroom for $60 a month. Thomas agreed to sublet the back room and began moving items in. Thomas would periodically show up to "tend" his plants and request that the tenant water the plants during times he was away. The tenant said he refused to care for them and became aware that the plants were marijuana when Thomas referred to them as such. The owner requested that Thomas remove the plants from the bedroom and further informed him that he was terminating the lease because of the illegal activities. The tenant gave the officers permission to enter the back room. Agents entered the back bedroom and seized approximately nine marijuana plants in various states of growth, a humidifier, timers, vent fan, tubing and a grow light. Three of the marijuana plants were approximately 3 feet high, and the six other plants were approximately 6-8 inches high and were growing in a flower tray. Agents further located 12 purported marijuana plant seedlings approximately 2-3 inches high inside an aquarium on a shelf and further seized three grow tent boxes, two black nylon/vinyl growing tents and one handmade growing box. They seized several miscellaneous growing accessories including, ballasts, fans, power converters, fertilizer, grow lights, heaters, humidifiers, potting soil, extension cords and timers. On top of the containers were several items of mail addressed to Thomas. Agents spoke to the landlord of the unit, who told agents that he had noticed the tenant's demeanor had changed recently, and that something had been upsetting him. The witness stated that the tenant had learned Thomas had been growing marijuana in the back bedroom, and that Thomas had requested that the renter take care of his plants. The landlord said the tenant is a vulnerable adult and Thomas was taking advantage of his disability.

Kenneth Calvin Gitchel, 32, of Pennington, pleaded guilty Sept. 21 to gross misdemeanor domestic assault - subsequent violation. His next court date will be Nov. 2.

Gitchel has an extensive history of assaultive conduct, having been to prison on multiple convictions for second- and third-degree assault between 1996 and 2003. In 2009, he was convicted of fifth-degree domestic assault and misdemeanor obstructing the legal process. At the time of the complaint, he was on supervised probation with Hubbard County.

At 10:50 p.m. Aug. 30, two women made a report at the Beltrami County Law Enforcement Center. One of the women said she had been staying with her friend because of her turbulent and violent relationship with Gitchel. At 11 a.m. Aug. 30, the woman went to her residence to retrieve special food for her son, who is fed through a feeding tube. Gitchel verbally berated her and then flipped a kitchen table onto her right thigh. She fled the home and returned later to gather the materials. She and Gitchel got into an altercation over a SSI debit card used to purchase necessities for the children. Gitchel jumped on the back of the woman's van and remained hanging on it until she pulled in to a convenience store near Pennington. He got off the van and walked home. Gitchel was subsequently located and arrested.

Eric Leigh Strong, 25, of Red Lake, pleaded guilty to two counts of felony escape from custody - held pursuant to lawful arrest. His next court day will be Nov. 2.

At 4:01 p.m. Aug. 18, a Beltrami County Sheriff's deputy observed a vehicle traveling southbound on Irvine Avenue with no front license plate and a cracked windshield. The deputy initiated a traffic stop, and the driver identified himself. There were also a small child and two young women in the vehicle. The deputy checked the records for the individual and found that the man did not have a valid driver's license. The photo provided did not match the driver of the vehicle. There was also an outstanding warrant for a female passenger in the vehicle. The deputy told the driver he was under arrest for providing a false name and was preparing to put the driver in handcuffs when he pulled away and began running north on Irvine Avenue. A foot chase ensued, and the driver ran into the woods. A female passenger identified the driver as Strong. Strong has a history of assaultive conduct. He was ultimately located in the wooded area and was apprehended by deputies at gun point. He was arrested for an outstanding warrant. He had been serving a prison sentence for third-degree criminal sexual conduct, and in May was granted supervised release and placed on an electronic monitoring system in Bemidji. Eight days later, Strong absconded from the monitor and had been at large for more than a year. No electronic device was found on his person at the time of the arrest. He is a Level I predatory offender and has multiple prior convictions for escape and domestic assault.

Michael John Bohan, 69, of Tenstrike, pleaded innocent Sept. 21 to felony terroristic threats - reckless disregard. His next court date will be Oct. 20.

According to the criminal complaint, on Aug. 12, Bohan was on pre-trial release in relation to a charge of neglect and abuse of animals. On that day, he drove a vehicle to a residence and was using the vehicle to "corral horses" which he owned, that were at large. The owners of the residence reported that Bohan was driving recklessly. Later that afternoon, Bohan returned to the vicinity of the residence and confronted the owner. Bohan demanded the return of his property or an immediate payment of $5,000. According to the owner, Bohan told the owner that he would be killed if he could not pay. The owner reported Bohan to the police and said he was extremely afraid of Bohan. He knew that Bohan possessed multiple firearms and frequently carried a firearm in the vehicle he was driving. After extensive efforts were made to locate Bohan, Bohan contacted law enforcement and agreed to meet with a deputy. He was subsequently arrested and transported to the Beltrami County Jail. In a statement, he admitted to getting in an argument with another man, and that he had demanded $5,000 from him. He denied making any threats against the man. He admitted to possessing numerous firearms including a .303 caliber rifle, a .410 gauge shotgun and a .32 caliber semi-automatic pistol.

Kalia Shellene Lord-Brunette, 29, of Cass Lake, pleaded guilty and was sentenced Sept. 21 for gross misdemeanor second-degree DWI - refusal to submit.

She was sentenced to one year in jail, of which 335 days were stayed for three years; sentenced to 28 days Sentenced To Service; granted credit for two days served; granted furlough for treatment; placed on probation to the courts for three years; pay a fine of $1,108; not use or possess alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; remain law-abiding; complete chemical dependency evaluation/treatment and follow recommendations of evaluation.

At 12:40 a.m. Aug. 24, a Bemidji Police officer responded to a call about a personal injury accident near the 600 block of Lake Avenue Southeast. The officers arrived on the scene and observed a vehicle parked in the middle of the road with its front end smashed. A female, subsequently identified as Lord-Brunette, was standing near the car. Further examination revealed a broken-off utility pole at the intersection of Sixth Street Southeast and Lake Avenue. Lord-Brunette said that she wasn't driving and identified a man as the driver. Upon further investigation of the vehicle, the seat was found to be positioned for a person of her stature. Lord-Brunette displayed the odor of alcohol, slurred speech, difficulty speaking, bloodshot, watery eyes and had no sense of time. The man provided a recorded statement about the accident. He said he was not the driver and he had removed a small child from her vehicle and placed it into his. The officer arrested Lord-Brunette for DWI. She was transported to the Beltrami County Jail where she failed field sobriety tests and registered a preliminary breath alcohol concentration of .239. She refused to participate in a second breath test. At the time of this complaint her driver's license was suspended.

Tanya Ann Allen, 32, of Cass Lake, pleaded innocent Sept. 22 to gross misdemeanor theft. Her next court date will be Oct. 20.

She is accused of stealing items in December 2007 from the United Way Holiday Gifts for Kids program. Upon her arrest, numerous stolen toys were recovered in Allen's residence. Bemidji Police officers began investigating reports on Dec. 17, 2007, that toys were being taken without authorization at several Bemidji area stores, including Wal-Mart, L&M Fleet and Pamida.

Christopher Aaron King, 23, of Bemidji, pleaded guilty and was sentenced Sept. 21 for gross misdemeanor third-degree DWI and misdemeanor driving after revocation.

He was sentenced to one year in jail, of which 276 days were stayed for five years; he must serve 37 days in jail; given credit for 52 days served; five years of supervised probation; pay a fine of $1,108; to be served consecutively with a separate case; complete outpatient treatment; not use or possess alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; remain law-abiding; not drink and drive; not have any driver's license violations and not drive without insurance.

At 7:05 a.m. Aug. 1, the Minnesota State Patrol was advised that Beltrami County Law Enforcement agencies were attempting to locate a stolen vehicle. A trooper observed the suspect vehicle and was informed of the identity of the driver. The trooper initiated a traffic stop and identified the driver as King. King was arrested and claimed that he had received the keys to the vehicle from an individual. Bemidji Police officers arrived on the scene to assist the trooper and observed an open bottle of alcohol in the vehicle. King admitted to drinking and registered a preliminary breath alcohol concentration of .21. He was arrested and transported to the Beltrami County Jail. He was asked to complete a breath test, and as he was getting ready to perform the test, he grabbed a bottle of hand sanitizer and squirted it into his mouth. He also sprayed it all over the trooper and the room. After this incident, he agreed to be transported to North Country Regional Hospital for a blood test. His license was revoked to because of a prior refusal to submit. He has one DWI conviction.

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