The Backyard Batting Cage

One of the big questions/concerns people have around business blogging is how much time does it take?

This is a legitimate question because in any economy, whether you’re failing, surviving or thriving, chances are you’re already working more than the 40 hours which was the norm when you were growing up.

Plus, when you were a kid you didn’t realize that cooking, cleaning, transporting to soccer/karate/ballet classes, travel time to and from work, mowing the lawn, fixing the lawnmower/heating/plumbing, reading bed time stories, coaching little league, laundry and fill-in-your-own activity would also count towards all your spent time on the planet. Plus sleeping 8 (hah!) hours a day.

So, how much time should you dedicate to blogging?

Well, I do the marketing, sales & communication for my company; in fact, I’d say that my primary job function is generating inbound leads for flyte. Blogging is one of the best ways to generate leads. I know this because our web marketing blog has the highest conversion rate for referrers at our web site. That means, the people who come to our web site from our blog are the most likely to fill out our contact form, which is the main way we get new business.

In my opinion, as long as you’re not just pumping out crap, you can’t blog enough. The mental shift you need to make is that blogging is marketing; blogging is increasing your online visibility; blogging is sales.

Blogging is customer acquisition, it’s customer support, it’s customer retention.

Blogging is the answer to the question your prospect just asked on Google. If you blogged the answer last week or last month or last year, Google might lead that prospect to your blog.

But, and that is a very big but:

Don’t let the fear that you can’t blog as often as I might suggest stop you from blogging at all. If you can commit to blogging just once a week–500 words or less–at the end of the year you’ll have 52 blog posts that can answer questions posted at Google or Bing, drive qualified traffic to your site/blog, and help convert those prospects into customers.

If you only commit to one blog post every other week, then you’ll still have 26 posts, 26 opportunities at landing new business that you wouldn’t have had otherwise.

So what’s keeping you from starting/re-starting your business blog?

Rich Brooks
Small Business Blogging

Photo Credit: Poolie

Tags: Blog, blogging, business blogging, entrepreneur

This entry was posted on Friday, September 10th, 2010 at 6:54 am and is filed under Business Blogs and Blog Marketing, Business Philosophy, Entrepreneur & Small Business, Web Marketing. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

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While much of America might view Wisconsin’s trip to Las Vegas as a season-opening vacation, the 12th-ranked Badgers and their myriad of fans know differently. Nothing comes easy in this series. Wisconsin is fortunate to be 6-2 against UNLV.

The Rebels’ pair of victories have left lasting impressions. UNLV rocked the Badgers 17-7 at the Silver Bowl in 1986 and 23-5 in Madison in 2003. The 1986 game remains one of the Rebels most significant victories in school history.

“It was our first Big Ten win and the second biggest win at the school at the time behind the BYU victory in 1981,” said South Point casino executive and former UNLV quarterback Steve Stallworth. “I think we have shown that we can play with some of the big boys and beat them.”

That message was delivered loud and clear in front of a record 32,207 fans at what is now called Sam Boyd Stadium.

“All I remember is there were a lot of people. More red than I had ever seen in my life,” said Palms casino owner and former UNLV safety George Maloof. “It was a special moment.”
The Badgers rolled into Las Vegas with its strong reputation, enormous fan following and popular band.

“It was exciting,” said Daren Libonati, the former executive director of the Thomas & Mack Center and Sam Boyd Stadium and a placekicker on that UNLV squad. “We almost upset them the year before and we knew when they came to our stadium we were capable of beating them.”

The Badgers had rallied in the fourth quarter in 1985 to defeat UNLV, 26-23, in front of 68,123 fans in Madison. The Rebels returned home educated about what big time football was like and what it would take to compete at that level. The team knew it wasn’t far off and that their day would eventually arrive.

Twelve months later it did.

“We knew we were better,” said Stallworth. “We were faster and we had better athletes. We just had a ton of confidence going into that game.”

The Badgers scored first, but Stallworth’s 7-yard touchdown pass to Tony Gladney tied the game 7-7 at halftime.

“It was a close game,” Maloof said. “I remember it being halftime and knowing that we were not only in the game, but we could win it.”

The Rebel defense, feeding off a spirited effort by future rap mogul Suge Knight, shined under the bright stadium lights and put its offense in position to take charge of the game.
Libonati was called on to kick a 30-yard field goal with 9:17 to play in the third quarter.

“When I was warming up my coach was telling me ‘This is why you play the position. This is your moment. Go out there and do your best,’” Libonati said. “We believed this would be the decider because our defense was holding them.”

Libonati booted his kick through the goal posts and gave UNLV a lead it would never lose. Ickey Woods added a 14-yard touchdown run in the fourth quarter to seal a 17-7 win for the Rebels.

During the exuberant post-game celebration, the team hoisted interim coach Wayne Nunnely on its shoulders and carried him off the field. Nunnely, who had replaced Harvey Hyde at the end of spring drills, was awarded the head coaching job and a contract extension.

UNLV has been the underdog in all eight games against Wisconsin but rarely have they conceded a game without putting up a fight.

The Rebels went back to rainy Madison in 2003 and stunned the Badgers again 23-5. They reunited in Madison the following year and despite Wisconsin touting the game as their “payback” opportunity, the Badgers had to fight with everything they had to win 18-3.

The 2007 showing was equally as tough. Wisconsin, ranked No. 5, needed a late fourth quarter touchdown to pull off a come-from-behind 20-13 victory.

“It’s like David and Goliath,” Libonati said. “Once you knock down Goliath one time, you know you can do it again. If the guys before us have done it, then we can do it. So much of winning and losing comes down to what you believe.”

The 1986 and 2003 upset victories are proof that it possible for the 2010 Rebels to do it again — even if Sam Boyd Stadium looks and sounds more like Camp Randall West at times.

“They bring so many people to town,” Maloof said of the Badgers’ enormous following. “We are playing at home, but we get the sensation that we are on the road. From a pride perspective, that jacks you up a little bit. You want to protect your turf.”

The Rebels and first year coach Bobby Hauck will get their chance to do just that on Saturday night.

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I’ve always wanted to see this that’s my word. But why is Snoop doing it the ski mask way? Shout outs to Get Loose, Biggie, and the rest of Snoop’s team.

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Wednesday, July 28, 2010 12:00 AM | Printer friendly version | E-mail to a friend |
North Carolina Highway Patrol Trooper use radar to check for speeders on Interstate 85 in Rowan County as part of Operation Slow Down, a state wide effort to reduce speeders on major highways. Photo by Jon C. Lakey, Salisbury Post.

By Shavonne Potts

spotts@salisburypost.com

Though the N.C. Highway Patrol’s image has been tarnished by high-profile incidents involving troopers’ inappropriate conduct, current and former members of the patrol in Rowan County say don’t judge the whole organization by the transgressions of a few.

Those transgressions have made headlines, and one was close to home.

Former Sgt. Timothy J. White of Salisbury was dismissed from the patrol in June 2009 after an alleged drunken sexual encounter with another trooper’s wife. He has recently taken a job with the N.C. Lottery.

Former patrol Maj. Everett Clendenin was forced to resign in June after an investigation revealed he had sent inappropriate text messages to a female co-worker. Clendenin was the patrol’s public information officer.

Days after Clendenin’s resignation, Master Trooper Timothy Scott Stiwinter was charged with drunken driving and felony hit and run after a wreck in Asheville. Stiwinter was off duty at the time. He resigned the next day.

Gov. Bev Perdue has asked for a restructuring of the Highway Patrol and has given the agency 60 days to make some changes.

Even so, Purdue said in a blog entry on her website, the agency’s reputation is suffering “from the misdeeds of a few.”

“It’s time to change the perception of the Patrol and reform the Highway Patrol in the image of the trooper’s oath,” she wrote.

Perdue announced reforms at a meeting earlier this month in Raleigh with about 160 officers in attendance.

One of those changes is a revamping of the agency’s code of conduct.

“It’s pretty much a new normal. We are going to continue the job we’ve been doing — to protect the public and provide services. We are going back to basics,” said Sgt. Jorge Brewer, with the agency’s public affairs office.

As for some of the recent incidents, Brewer said every major department has its troubles.

“All I can say is we are working to correct them,” he said.

The Highway Patrol consists of eight district troops. Rowan is part of Troop E, which also includes Davidson, Stanly, Montgomery, Davie, Forsyth, Stokes, Surry, Yadkin and Cabarrus counties. There are 27 troopers assigned to Rowan County.

Brewer asked that the public not judge the mistakes of a few as the conduct of the entire organization.

“There are troopers out there who do a great job,” he said.

Capt. Patricia Poole, head of the troop that includes Rowan, echoed Brewer.

“I hope the citizens still know we are out there doing our job every single day,” she said.

There are troopers who put their lives on the line every day, she said. And they serve the public in other ways, such as helping stranded motorists. One trooper gave a woman gas money when she was stranded at a truck stop.

Another trooper, who was off duty, helped search for an infant who’d drowned in near

by Davidson County, Poole said.

These are the things troopers do when going above and beyond the call of duty, she said.

And Poole said troopers “take it personally when a member decides to disgrace the uniform. They are disrespecting the people they are serving.”

The troopers who don’t take part in misconduct are “proud to serve the citizens” and do not “condone that behavior,” she said.

Trooper Tommie Cato, who has served in this area for 18 years, shares Poole’s sentiments.

“I know we as a patrol have had members who are worthy of the front page news across our state. I also know the work of our local troopers — from coaching Little League to building handicapped ramps, these men and women are about service to others,” Cato said.

Service to others is part of their character, he said. And though their jobs don’t come with high pay, careers in law enforcement, as with other emergency services, social work and similar paths, “with the right attitude are extremely self rewarding,” he sa

id.

Purdue says one of her top priorities is that all troopers must complete ethics training and sign a code of conduct. If that code is broken, a trooper will be fired.

The previous rules of conduct were in general terms, while the new code of conduct deals in specifics. For example, the old set of rules says the trooper shall not betray public trust by accepting gratuities or favors. The new code details types of things troopers cannot accept, which includes: “any gifts, presents, subscriptions, favors, gratuities or promises” that could keep the trooper from performing his or her responsibilities.

The old policy manual states troopers are to administer the law in a “just, impartial and reasonable manner,” while the updated code states that as a trooper, “I will perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration.”

As for troopers’ behavior off duty, the old code simply says they are to conduct themselves so that the “public will regard them as examples of stability, fidelity and morality.” The new guidelines say a trooper’s character and conduct while off duty will “always be exemplary, thus m

a

intaining a position of respect in the community in which I live and serve. My personal behavior will be beyond reproach.”

Former Trooper

Glenn Hester said the code of conduct was never anything that couldn’t be adhered to.

“It’s always been very strict, always enforced and never overlooked,” Hester said.

He admits “things” have been going on since “the beginning of time.”

“It’s pretty obvious it’s not something new — the violations,” Hester said.

Although Hester didn’t use a cell phone when he was working with the patrol, he does see the need for guidelines for cell phone use while

on duty.

Troopers will be required to turn over cell phone bills.

Brewer said the details are still being ironed out.

“We are not looking at who’s talking to who, but we want to determine the amount of time being spent on the cell phone during duty,” he said.

Brewer said the patrol wants to ensure that maximum time is spent on duty and running service calls.

Asked if he thinks Perdue should mandate that the patrol hire its next leader externally, Hester said that would not work.

“I think it should be internal because there’s so many different areas and functions that a person should have knowledge, from the basic academy to commanding an office,” Hester said.

He estimates about 95 percent of those in patrol have experience in every facet of the job.

“In my opinion, she (Perdue) is sort of saying, maybe there’s nobody qualified internally,” Hester said.

That decision may not be made until the General Assembly meets in January.

Contact Shavonne Potts at 704-797-4253.

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The thought has definitely crossed every father’s mind when his son or daughter has decided they want to join a sport. He watches the kids play, and thinks “Maybe I should become a little league coach.” Sure it seems easy enough as to sign onto the post and begin teaching what you know about the sport and maybe it is not that hard at all. The problem is even though most fathers want to do it; they may not be the best candidate for the job.

Before deciding on becoming a coach or not, you should think about the following questions: How much do I really know about the sport? How much do I really know about the effect this could have on these kids? Am I able to not show any favoritism towards my child? These are all important questions to consider when deciding to coach a youth sports team. You may also want to consider the fact that maybe your child doesn’t want you to coach their team. Maybe the child is at an age where they may be embarrassed to be seen with you.

It sounds hurtful, but it happens to every parent at one point or another. Sports teams give children the lessons they need to be able to work well with others, and to have confidence and trust in their teammates and themselves. Sporting events gives them the chance to get over fears of public speaking, and shows them they can stand out from everyone else, but not overshadow the rest. Can you help with that?

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There are dozens of baseball hitting problems and we're going to look at two that are quite common. Not having proper balance at the plate as well as uppercutting the baseball are two very common baseball hitting problems. Let's take a look at some baseball tips on hitting as to why these two hitting problems may be occurring as well as a few possible very easy fixes.

Problem Balance Poor:

1. First of all, make sure that you are very comfortable in your hitting stance. A good starting point is to have the feet about shoulder width apart or slightly wider. Usually, the width is about the same as if you were guarding someone in basketball and want to be ready to move left or right very quickly. You must have a solid foundation. It won't matter if everything is perfect above the waist if you don't have a solid base.

2. Make sure you are standing on the balls of your feet and not standing there flat-footed or even worse yet, standing with your weight on your heels. Standing with the weight on your heels may very well have you spinning like a top and that is not a good, solid foundation for effective baseball hitting and will destroy your balance.

3. Make sure your front shoulder remains closed. Opening your front shoulder too early will cause your foundation and balance to be severely disrupted and you won't be steady on your feet. It will also cause many other hitting problems for you.

Problem Uppercutting the Ball:

Many good baseball hitters appear to be uppercutting the baseball. The only time you should be uppercutting is when you are into the follow through of your swing. Uppercutting is a sure way to lower your batting average. Let's look at some possible reasons for uppercutting the baseball.

1. Your stance may be too wide. This will encourage your actual swing to be going upward when making contact.

2. You may be lowering your back leg, back elbow or back shoulder. It's often referred to as collapsing your back side. If the back side goes down or collapses, the hands and the bat will go down also and you will be swinging upward to the ball.

3. You may be holding your hands too low and when the actual baseball hitting takes place, your hands will have nowhere else to go except upward and causing an uppercutting of the baseball. If your hands are too low when swinging, at the point of contact, you will not be swinging level and will be swinging upward to the baseball.

Larry Cicchiello is the successful author of “Excellent Baseball Coaching: 30 Seconds Away." His VERY user friendly eBooks and CD's cover 320 topics on playing very good baseball. ANY baseball player, coach or parent who wants to help their child will be fully equipped! Some FREE baseball tips on hitting and FREE baseball pitching tips are available at http://www.LarryBaseball.com

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You are here: Home / Featured Content / Baseball Tips On Hitting–How To Advance An Important Runner!

Baseball Tips On Hitting–How To Advance An Important Runner!

With an important runner on second base and no outs, try to drive the ball the opposite way if you are a right-handed batter or try to pull the ball if you are a left-handed batter. You have a much better chance of advancing an important runner on a grounder to the second baseman or even to the first baseman than if you ground out to the shortstop or to the third baseman.

Don’t make the common baseball hitting mistake of losing your aggressiveness when swinging and hitting the ball the opposite way. Don’t lose sight of the obvious fact that the base hit is always more beneficial than simply advancing the base runner.

Look for a pitch that you can hit to the right side of the infield. You may have to take a pitch or so to get the right one. You have to walk a fine line here if looking for a specific pitch though because you don’t want to fall behind in the count. If ahead in the count, you can afford the luxury of looking for that certain pitch.

If needed, adjust your stance. One of the better baseball hitting tips is to move three or four inches farther away from the plate if you are a right-handed hitter or three or four inches closer to the plate if you are a left-handed hitter. Some very good baseball hitters do just that. They are always looking for any possible edge that can help them hit the ball on the right side of the field or improve their baseball hitting in any way.

The opposing pitcher is usually well aware that you may want to hit the ball on the right side of the field to get an important runner to third base with only one out. If you’re a right-handed batter, a smart baseball pitcher may very well work you mostly over the inside part of the plate and if you are a left-handed batter, he may very well work you over the outside part of the plate.

Just remember that advancing the runner from second base to third base has its time and place and depends on the importance of that particular runner getting to third base with less than two outs. It also is very important as to who follows you in the batting order. If two very weak hitters follow you in the order, you should be focusing solely on getting a hit to knock the runner in.

Baseball tips on hitting require clever use of the mind and not just the body!

Larry Cicchiello is the successful author of “Excellent Baseball Coaching: 30 Seconds Away.” His VERY user friendly eBooks and CD’s cover 320 topics on playing very good baseball. ANY baseball player, coach or parent who wants to help their child will be fully equipped! Some FREE baseball tips on hitting and FREE baseball pitching tips are available at LarryBaseball.com

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Help youth baseball and softball parents overcome their deepest frustrations by promoting advice which professional baseball people offer their closest friends! Affiliate support and tools are available. Contact us for incentives.
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This entry was posted on Tuesday, October 26th, 2010 at 8:12 am and is filed under justin bieber kids. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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When Evan Longoria fielded a ground ball in the seventh inning of Thursday night’s game, something looked funny when he flipped the ball underhanded to second base.

Turns out there was something funny going on. The Rays turned the double play to close out the inning, but Longoria tweaked his left quadriceps in the process.

“Longo’s got a little bit of a strained quad,” manager Joe Maddon said before Friday’s series opener against the Mariners, a game the Rays won, 5-3, to move to the top of the American League East. “That play he made on that flip to second base, he kind of felt it, so we got him out of the game. He’s definitely not going to play during this weekend’s series. We’ll re-evaluate on Monday.

“Longoria is being examined by a doctor now. I’ll know more about that soon. Team trainer Ron Porterfield is pretty good about this stuff. He thinks it’s restraint. perhaps Longoria will be back by the middle of next week. That might be a reasonable time slot to get him back.”

An MRI performed on Friday revealed no tears.

“I’ll probably just take the weekend off, and re-evaluate after that,” Longoria said. “It’s definitely not something that’s going to keep me out for a prolonged amount of time.

“We’re in a good spot right now as a team, and like I’ve forever said, with the little things I’ve had before, I don’t want to go out there and try to play and hurt it further than I have at this point. But if there ever is a necessity for me to come back and play immediately, there is the possibility to push it. I feel better than I did yesterday, which is bright.”

Sean Rodriguez started at third on Friday night, and Dan Johnson could see duty at third on Saturday night, when the Mariners start right-hander Doug Fister.

Maddon is comfortable putting Johnson at third.

“Triple-A Durham manager Charlie Montoyo actually liked Johnson over there,” he said. “He liked him a lot, actually. Said he played an above-average third base there during the Triple-A season. He’s had a lot of work there, played a lot of games there. So we’ll see what it looks like. … I know D.J. will be up for the task.”

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Kids learn how to be generous with their money and their time mostly from their parents. It’s a huge responsibility that we share, and we don’t always appreciate the example we set. But we must be doing okay because Americans continue to be among the most giving people on earth.

A few nations, like Ireland and Australia, have higher donor rates; more than 70 percent of their populations make charitable contributions versus 60 percent in the U.S. But by other standards the U.S. excels: relative to national output, the U.S dwarfs all other nations in terms of voluntary individual giving — more than doubling the charitable contributions of the next closest nation.

Even in the throes of the worst economic downturn in several generations Americans continue to give until it hurts. Total giving by individuals, corporations and foundations fell last year by 3.6 percent but still exceeded $300 billion.

I was reminded of this in a recent conversation with Eileen Heisman, CEO of National Philanthropic Trust, who says that in light of the weak economy “Americans have really stepped up to the plate.” Giving in the states is cultural. Says Heisman: “We learn it at such a young age that it’s hard to unlearn it as an adult.”

Again, you may not appreciate the example you set. But odds are you:

· Give money. Most adults in the U.S. write a check to one or more causes each year, most often to a religious or educational group. Take the time to explain to your kids why you do it.

· Give time. Both the number of volunteers and the volunteer rate is rising. Some 63.4 million Americans — more than a quarter of the population — volunteered 8.1 billion hours at something last year. That represents a stunning $169 billion collective gift based on official estimates of the value of volunteers’ time. When you give time at your place of worship or even just coaching little league you are part of this trend. Bring the kids along and talk about how it makes you feel.

· Give stuff. I couldn’t find any estimates for this category. (If you can, I’d love to hear from you.) But plenty of folks give cars, furniture, clothing, land and securities. Bring your kids to the Salvation Army center next time you contribute clothes and let them see first-hand how your well-off family’s recycled stuff can be of immense value to the less fortunate.

Why are Americans so generous? Historians believe it dates back the frontier days, when settlers depended on one another for many day-to-day needs. Philanthropist Daniel Rose notes, “if the pioneers were to have a church, they would have to build it; a school, they would have to build it; hospitals or roads or courthouses, they would have to build them.”

The 19th Century French traveler Alexis de Tocqueville made the poignant observation that what set Americans apart from Europeans was their affinity for voluntary “associations” to solve community problems. De Tocqueville noted that fledgling America had no upper class to turn to. Groups of ordinary people who pooled their resources were the answer. “Whenever at the head of some new undertaking you see the government in France, or a man of rank in England, in the United States you will be sure to find an association,” he wrote.

That helping frontier spirit is alive and well today, and it’s up to us as parents to imbue our children with this rich and special heritage.

If you have a question about kids and money, I’ll get the answer. Email me at dankadlec@dankadlec.com.

Photo courtesy Flickr user grongar

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Wed, 01 Sep 2010 06:58:33 -0400 | Central City Ky County

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The State of Youth Sports

For years, I have had to put up with youth sport coaches and parents echoing the words and mimicking the behaviors of successful coaches such as Vince Lombardi and Mike Ditka.

True.

You can’t argue with the success those guys had.

But do you really think that yelling at 10-year old football players for making a ‘bad play’ or chastising 12-year old soccer players for ‘missing a shot’ is the best and most sane way to coach kids?

Unfortunately, my arguments have fallen on deaf ears more than once over the past decade.

I just couldn’t make youth sport coaches realize that aggressive and negative behavior can be damaging to young athletes, and that a primary reason why so many kids drop out of sports at an early age is because of the often abusive treatments they get from their coaches.

"But", the coaches would tell me, "Look at how Ditka treated his players… and you can’t argue with his success".

"You’ve got a point", I would grudgingly admit, "But Ditka was dealing with adults, we’re talking about kids here".

Ha… I got ‘em now. No come back on that point…

Or so I hoped…

"Whatever, Brian. You show me someone at the elite level who is as successful as Ditka, Lombardi or Bill Parcels, and I’ll change my ways. Until then, I coach the way I know will work".

YOUTH SPORTS COACHES & PARENTS OF THE WORLD…

I AM PROUD & HONORED TO INTRODUCE YOU TO A COUPLE OF WONDERFUL MEN AND TRULY SUCCESSFUL HEAD COACHES…

This past weekend saw two of the nicest and most positive coaches in the world compete for the supreme prize of North American sports – The Super Bowl.

Tony Dungy and Lovie Smith.

They respect their players.

They never raise their voices.

They look to try and make each and every one of their players better – in both football and life.

They are as successful as it gets.

Sounds to me like every abusive coach and parent just lost their final argument.

- Brian

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By Matthew Cerrone on Aug 11, 2010, 3:34 pm

Sorry, I could not read the content fromt this page.

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in blogging by Admin on 20 Oct 2010

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Little league baseball has started for us, and this year I’m prepared.I got a great little league chair that is easy to carry and I sit in it for games.No more hard bleachers for me, plus can plop down in my favorite spot - 3rd base line or 1st base line depending - in complete comfort folding baseball chair.

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If this wasn’t a detailed and thorough court order, but a short and sweet post-it note style memo, it could read something like this:

To: The Ninth Circuit (and the district courts!)

 Subject: Lenient (NO JAIL TIME) Sentences for White-Collar Offenders Must Stop

1. It’s not fair.                                 

2. It’s not right.

3. It makes the Sentencing Guidelines useless.

4. It sends the wrong message.

5. Our court’s wrong.

From: Judges Gould, Bybee, Callahan & Bea

On September 20, 2010, Circuit Judge Gould joined by Circuit Judges Bybee, Callahan, and Bea issued an order dissenting from the denial of rehearing en banc in United States v. Edwards (08-30055, 08-30056, 08-30059) (dissent available here) and the original three-judge panel decision is available here.  The order essentially is a call to arms to get the “no jail time” sentences imposed on white-collar offenders by district courts under control and to some extent – eliminated.For the non-criminal practitioner federal court: In conjunction with the Sentencing Guidelines (link to federal sentencing guidelines manual here),  18 U.S.C.§ 3553(a) requires that federal courts “impose a sentence sufficient, but not greater than necessary.”  Additionally,  the sentence imposed on a criminal defendant needs “to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense.”   18 U.S.C.§ 3553(a)(2)(A).  Finally,  a sentence should provide an “adequate deterrence to criminal conduct” and “protect the public from further crimes of the defendant.”  18 U.S.C. § 3553(a)(2)(B) and (C).

Regarding white collar criminal defendants there can be great disparity in sentencing terms  – even with the sentencing guidelines – from district court to district court throughout the county.   See Remarks by Lanny A. Breuer, Assistant Attorney General for the Criminal Division at the American Bar Association National Institute on White Collar (delivered March 1, 2010 and available here).  Additionally, there can be great disparity with the apparent leniency afforded white collar criminal defendants not generally afforded to those other real criminals.  Judge Gould’s dissent to the denial of rehearing en banc in Edwards is highly critical of the Ninth Circuit’s (and district courts’) tendency towards unwarranted and unfair leniency when a white-collar defendant is sentenced.  The problem is rooted in the district court’s lenient sentence in the first instance followed by the Ninth Circuit’s application of the abuse of discretion standard.

Edwards: The Teachable Moment

Edwards is a fraudster, a run of the mill financial shyster.  In the early 1980’s he lied to banks in Arizona to get his hands on hundreds of thousands of dollars worth of loans.  He got caught.  And in 1991, pled no contest to felony theft and ordered to pay the FDIC over $3,000,000 along with 5-years probation. NO JAIL TIME.

He moved on from Arizona to Montana and while on probation , Edwards pretty much pulled the same stunt again.  He lied on a loan application (and low and behold) failed to disclose the $3M he owed the FDIC.  Then in 1998, he filed for bankruptcy (personally and for his company).  Again, he lied.  Edwards failed to disclose all his assets and liabilities, including the $3M (again!).  He also failed to disclose stock options owned by a corporation of which he owned 100% of the shares.  Caught, he amended the bankruptcy filing to show that the corporation owned the stock options, but valued the stock options at $0.00 (notably, on his loan application he had valued the stock options at $189,000).  Thankfully, the bankruptcy trustee was paying attention and caught that the stock price jumped with Edwards receiving net proceeds of $445,000.

In May 2004, Edwards pled guilty to one count of bankruptcy fraud and one count of making false statements to a bank.  In September 2004, the district court sentenced Edwards to five years probation, seven months served under house arrest, a $5000.00 fine, and a $100.00 special assessment. NO JAIL TIME – AGAIN.

The Government appealed the sentence as “substantively unreasonable.”  The case went back to the district court  two times and each time the district court imposed the same sentence.  In February 2010, for a third time the government appealed the “substantively unreasonably” imposition of such a “light” sentence on Edwards.  The Ninth Circuit (Circuit Judges Pregerson & Smith) held:

“[t]he district court’s sentence was not substantively unreasonable. The district court was clearly aware of the factors at play in this difficult case, and did not abuse its discretion when it sentenced Edwards.”

Judge Bea’s partial dissent included a litany of errors made the district court in arriving at Edward’s sentence that included no jail time.  Writes Judge Bea:

 ”Although we must give deference to the district court’s finding that Edwards was not likely to commit a similar crime in the future, that finding does not justify the significant deviation from the Guidelines sentencing range.”

The Edwards’ Problem & The Message

This brings us to Judge Gould’s September 20, 2010 order. 

“I write to emphasize a larger and recurrent problem: our court’s practice of uncritically affirming unreasonably lenient sentences for white-collar criminals renders the Sentencing Guidelines a nullity, makes us an outlier among the circuit courts, and impairs our ability effectively to review sentences for substantive reasonableness. Our “rubber-stamp” approach to reasonableness review permits district courts to abuse their sentencing discretion by paying lip service to appropriate sentencing considerations while paying inadequate heed to the substance of those considerations. Hence we can end up with people like Edwards who engage in fraud and other criminal activities intended to cause extremely large monetary damages, yet who spend token and inadequate time, or even not one day, in jail.”

One of the challenges facing district courts when sentencing white-collar defendants is  their “like us” ability to elicit empathy.  These non-violent, “it’s just money” offenders (aka con-artists) put forth persuasive presentations to district courts garnering “understanding” and “sympathy” and consequently significantly lower sentences.  They’re usually dressed nicely and show up with family, friends, and numerous “he’s really a good guy and shouldn’t be in jail” letters.  They look like, sound like, and typically are the people sitting next to you in church, coaching little league, attending Rotary meetings, and opening the door for you at Starbucks. They usually “sound” really really sorry and promise never to do anything like this again, if they’re just given a break (“please, don’t send me to jail”).

Writes Judge Gould:

“Such cases are precisely when we should most rigorously review a sentence’s reasonableness to ensure that the justifications relied on at sentencing are supported by objective evidence in the record. See Michael M. O’Hear, Appellate Review of Sentences: Reconsidering Deference, 51 Wm. & Mary L. Rev. 2123, 2141-49 (2010) (criticizing appellate deference to trial judge assessment of demeanor evidence at sentencing on the basis of the “emerging consensus in the legal and social science literature that people generally do a poor job in evaluating demeanor evidence,” and concluding that a defendant’s demeanor “seems about as likely to lead the trial judge astray as to facilitate good decision making”).”

Take Edwards for example: unhealthy (diabetes), aging (over 60) and repentant of past misconduct (at least he says so this time) with a result: no incarceration and only probation.  

Writes Judge Gould: “We know that often criminal defendants who commit other types of crimes will serve some hard time. White-collar offenders like Edwards should not escape the same punishment simply because they are better-positioned to make a sympathetic presentation to the district judge.”

Judge Gould highlights that Edwards’ sentence is not unique but that the Ninth Circuit has a pattern of approving unreasonably lenient sentences for serious white-collar offenses.  He catalogs several cases where the Sentencing Guidelines recommended sentences ranging from 3-5 years of incarceration, but the sentence imposed included no jail time.  Judge Gould also then asserts that this pattern by the Ninth Circuit makes it an outlier among the other circuits (citing several case examples) with respect to white-collar criminal offenders.

Writes Judge Gould:

“Statistics illustrate my point. In fiscal year 2009, the median sentence of imprisonment in the Ninth Circuit for fraud was 6 months.1 Compare that to the national median of 18 months. Or contrast it with the median sentence of imprisonment in the Ninth Circuit during the same time period for immigration offenses (21 months); for drug trafficking offenses (40 months); and for firearms offenses (48 months). I’m sure there are good explanations for some of these disparities, but we should be concerned about the substantial divergence between our treatment of white-collar criminals and other types of criminals, and between white-collar criminal sentences in our circuit and in other circuits.”

In failing to rehear this case en banc,  Judge Gould sees the court as missing the opportunity to fashion a standard – “an outer limit on sentencing discretion” – especially when a district court imposes a non-imprisonment sentence for serious offenses committed by a repeat white-collar offender.

In closing, writes Judge Gould:

“Edwards fraudulently obtained more than $3 million and got a break at sentencing. While on probation, he did it again. And again. We owe it to Edwards’s victims, and to the public, to make sure that this time he gets the message. And we can only hope that the public does not get our court’s current message of leniency for white-collar criminals but frequent harsh punishment for the poor and powerless.”

But expect that next time Judges Gould, Bybee, Callahan and Bea find themselves reviewing an Edwards-esque “no jail time” sentence, it will get sent back to the district court with encouragement to consider handing out the “Go directly to Jail – do not pass Go, do not collect $200? card.

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Laith Agha enters graduate school with a background in engineering, real estate, and a four-year stint as a reporter at The Monterey County Herald, where he covered the Carmel area, the city of Seaside, education and sports. View full profile.

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