Anecdote for Jay

[Ted Heise]

Little story about law in Oregon I just came across:

We prosecuted cases in Los Angeles, and we thought we saw lots
of nuttiness. But an AUSA colleague in Portland, Oregon told a
story that topped any of ours. He got a guy convicted of fraud
and the judge sentenced the crook to a nice, long sentence. But
the Ninth Circuit (grrrrrrr) overturned the sentence because the
trial judge had not adequately explained the bases for the
sentence. The case was remanded. At the resentencing, the judge
came out onto the bench, glared at the defendant and said
"Because you're no damned good." Then the judge stood up and
strolled back to chambers. The sentence was then upheld by the
Ninth Circuit.

https://www.druganddevicelawblog.com/2021/10/federal-court-upholds-oregon-covid-19-vaccine-mandate.html

Made me laugh, anyway. "Because you're no damned good." heh

--
Ted Heise <the...@panix.com> West Lafayette, IN, USA

[Tom Kunich]

Speaking of legal matters I am quite upset that we don't have the legal profession taking any actions on the grounds of the rights of individuals in light of the matter of all of this bogus covid-19 bullshit. And by WHAT authority do county supervisors or state governors feel they have the right to order everyone to wear masks when they have been studied for over 100 years and found not only to have absolutely no effect on viruses but not even stop the contagion of bacterial illnesses? Think about this, due to this we have every petty little authoritarian without an ounce of knowledge forbidding you to buy food or even lifesaving drugs without wearing a mask that itself can dire consequences most especially among children whose lungs develop up to the age of 20 and who can have hypercapnia that can cause permanent lung damage from masks. You can feel this for yourself if you wear a paper mask more than a couple of times.

What ever happened to the Civil Rights Act of 1964 that supposedly forbad discrimination on the ground of race, gender, religion or medical condition?

[jbeattie]

On Wednesday, October 27, 2021 at 7:48:12 AM UTC-7, Ted Heise wrote:

I always find these stories suspicious, particularly since sentencing is done based on guidelines. https://www.ussc.gov/guidelines/2018-guidelines-manual-annotated And the court just goes through a check-the-box form: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.uscourts.gov%2Fsites%2Fdefault%2Ffiles%2Fao245sor.pdf&clen=159963&chunk=true

I don't see a box for "Because you're no damned good." And I can think of maybe two judges at the Oregon USDC that might say something like that. I don't do criminal, but I've had to sit through sentencings while waiting on a civil matter. You'll get judges lecturing criminal defendants, but the lectures focus on some sentencing factor. State sentencing is like doing a tax return -- its all based on a grid with modifiers, up and down.

-- Jay Beattie.

[funkma...@hotmail.com]

On Wednesday, October 27, 2021 at 11:04:32 AM UTC-4, cycl...@gmail.com wrote:
>
> What ever happened to the Civil Rights Act of 1964 that supposedly forbad discrimination on the ground of race, gender, religion or medical condition?

Sorry sparky, the civil rights act doesn't cover medical conditions, the civil rights act banned discrimination based on race, color, religion, or national origin. in 2020 The Supreme Court (under donald trump) affirmed that "sex" includes sexual orientation and gender identity.

You're thinking of the Americans with Disabilities Act, which does in fact apply here and has been used successfully to allow individuals to not wear masks if they have a condition which wearing a mask would create a burden.

But that's a minor factual point, and we know that's not what you're talking about.

[Tom Kunich]

I happen to have a breathing disability and short of suing the government I cannot get them to even consider any exceptions.

[Tim R]

On Friday, October 29, 2021 at 2:00:00 PM UTC-4, cycl...@gmail.com wrote:

> I happen to have a breathing disability and short of suing the government I cannot get them to even consider any exceptions.

But...............you can ride a bike? Run a marathon? change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly?

[jbeattie]

Yes, it hardly sounds like his claimed breathing problems limit any major life activity, and the reasonable accommodation would be that he wears a face shield or some other emblem of subjugation that he would find offensive. Reasonable accommodation is not a free pass. He can order on-line and pick-up at the curb like the other protesters who refuse to wear a face mask at Costco. Personally, I don't wear pants in Costco because I WAS BORN IN A FREE COUNTRY!

-- Jay Beattie.

[funkma...@hotmail.com]

He has a breathing disability, yet he claims to ride his bike 35 miles+ almost everyday with 10,000 feet of climbing per ride, and passing riders 40 years younger than him on those climbs. I _hope_ I have that kind of breathing disability when I'm 80.

from https://groups.google.com/g/rec.bicycles.tech/c/Nw6aZt0PpA8/m/Tvm9TArIAwAJ

"After than I had another 2 mile climb of up to 12%. I watched two guys behind me riding as hard as they could. They couldn't catch me despite the fact that I threw a chain to the inside and had to stop and put it back on. This covered my hands with black grease from the Rock and Roll I put on that chain to wear it in before cleaning and waxing it. So I stopped at a lavatory at the top to wash my hands. No soap and no hot water and no paper towels. So I have to take some toilet paper to wipe the grease off of my hands so that I didn't dirty the levers. When I came out they were just getting there. ....... Young strong guys that haven't ridden enough in the year to get into climbing shape."

[Tom Kunich]

On Friday, October 29, 2021 at 12:26:59 PM UTC-7, timoth...@gmail.com wrote:

And that happens to be physical therapy for my injury in the service of my country that is proven with lung X-rays.

From the CDC report DURING the initial stages of so-called pandemic "We did not find evidence that surgical-type face masks are effective in reducing laboratory-confirmed influenza transmission, either when worn by infected persons (source control) or by persons in the general community to reduce their susceptibility" If masks have NO effect why are you wearing one like a good little boy?

[Tom Kunich]

I assume you feel the need to exaggerate my riding out of sheer envy.

[funkma...@hotmail.com]

That's pretty much the first thing you've gotten right in ...I don't know how long. I am in fact jealous that you can get out for 35+ miles every day. I can't, I'm still gainfully employed with a family and home I'm responsible for, so I have to squeeze in an hour a day if I'm lucky, and might get a 3 hour ride in on the weekends (both days if I'm really lucky). but, we all make choices in life, and my choices have resulted in me having a stable family and professional life - something many people are jealous of, so I don't think I'd trade places with you (not to mention you wouldn't be able to handle my situation).

Of course, based on your resume, you've been able to get out and ride for 35 miles a day for most of your adult life. That's easy to romanticize, but at what cost?

[Tom Kunich]

While I was working I was still getting in 10,000 miles per year. My wife took the kids on a coast to coast ride. Then she took them halfway a cross the country so that they could compete in the Jr,. Olympics. The youngest got a 3rd.

[John B.]

On Fri, 29 Oct 2021 12:49:02 -0700 (PDT), Tom Kunich
<cycl...@gmail.com> wrote:

>On Friday, October 29, 2021 at 12:26:59 PM UTC-7, timoth...@gmail.com wrote:
>> On Friday, October 29, 2021 at 2:00:00 PM UTC-4, cycl...@gmail.com wrote:
>>
>> > I happen to have a breathing disability and short of suing the government I cannot get them to even consider any exceptions.
>> But...............you can ride a bike? Run a marathon? change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly?
>
>And that happens to be physical therapy for my injury in the service of my country that is proven with lung X-rays.
>

Yet another one of Tommy's dreams or perhaps evidence of actual mental
disability. Similar to his claim of being posted to the two Bomb
Groups that never existed.
--
Cheers,

John B.

[John B.]

No Tommy... it is called "ridicule".
--
Cheers,

John B.

[Ralph Barone]

You’ve interacted with Tom. I assume his social calendar allows lots of
riding time.

[ritzann...@gmail.com]

Jay, does that cause the women and girls in Costco to run towards you? Or away from you?

[ritzann...@gmail.com]

Who on earth thinks Tommy boy can "balance accounts" or "cooperate" or "solve equations" or "analyze a new problem"? I assure you, no one who has read many of his posts on this bicycling forum. As for "pitch manure"? YES YES YES with a resounding YES!!!!!!!!!!!!!!!! Although we should probably change manure to the more coarse, vulgar term for manure.

[ritzann...@gmail.com]

Tommy, its not "funkma..." who was exaggerating. It was YOU!!!!! Did you click on the link he included in his post and read what YOU wrote? If Greg Lemond or Andy Hampsten had posted what you wrote, people would have been a bit skeptical and doubtful about the validity.

[John B.]

Or giggle?
--
Cheers,

John B.

[Tom Kunich]

Pencil neck, you've already shown that you know nothing about anything. You probably have trouble figuring out how to use a fork.

[Tom Kunich]

Since you're talking about that citation maybe you should have read it yourself. But of course you didn't since you missed the entire point of it. And you expect us to believe that you're a rider.

[ritzann...@gmail.com]

Tommy, tommy, tommy. I did read what you previously wrote and posted. Thus my comments about you bragging more than Greg and Andy. Who actually did something to brag about. Since you again do not believe facts and evidence, I will post some of your more boastful comments from that prior post. See below:

1. Thursday I was passed in the final 1/4 mile by a guy that had been giving it everything he had for the last 2 miles to pass me.
2. At the top he had so exhausted himself that he couldn't move as I shifted into high gear and descended the other side at 37 mph and that is very slow compared to the speed I used to descend that area at.
3. He caught me again after 7 miles after I had been held up by three stoplights.
4. After than I had another 2 mile climb of up to 12%.
5. I watched two guys behind me riding as hard as they could. They couldn't catch me despite the fact that I threw a chain to the inside and had to stop and put it back on.
6. I stopped at a lavatory at the top to wash my hands. When I came out they were just getting there.
7. Young strong guys that haven't ridden enough in the year to get into climbing shape.

My oh my. I did not realize until posting this that you were almost non stop bragging. Tommy boy you must be a manly man amongst the boys, or the biggest liar in the land. Wonder which it is? Tell us Tommy boy, does the sun rise and set on your brow each day?

[Tom Kunich]

What is clear is that you ride so little and are so incompetent at it that you think discussing a ride is bragging. I wonder why you don't realize what an incompetent twit you are.

[John B.]

Pretty impressive for a bloke that is nearly 80 years old, isn't it.
--
Cheers,

John B.

[jbeattie]

Hey, maybe its true. I rode with this guy in his mid-late 70s who was pretty damned fast -- and cagey, too. When the group hit the hilly section, he took a short cut and met us on the other side and then continued to go fast. I thought he was going to win nationals, but he didn't -- there was some other old coot who was even faster. Maybe Tom is some prodigy. He should go race and clean house in the old-guy ranks. He could win an $11.43 prime or a water bottle or something. I once won an entire cardboard box of Kettle Chips. Mmmmm. Kettle Chips. My wife won all sorts of swag -- even some yoghurt once. She won the state games and got a medal but doesn't remember where she put it. If Tom is fast, he could live like a king.

-- Jay Beattie.

[Tim R]

On Friday, October 29, 2021 at 5:18:00 PM UTC-4, cycl...@gmail.com wrote:
>My wife took the kids on a coast to coast ride.

Wait, kids? Tommy's genes passed on???????????????????????

[Tom Kunich]

On Sunday, October 31, 2021 at 3:52:14 PM UTC-7, John B. wrote:

One capable of logical thought would think that it was very unimpressive for a guy supposedly on a superbike that was under 40. But I suppose you could interpret it any way you like.

[Tom Kunich]

Step children, I had the mumps and was the one in a thousand that become sterile or almost so.

[Tim R]

Sorry to hear that.

Now we can prevent mumps with vaccinations, if parents do their part. Back then that wasn't a thing.

[funkma...@hotmail.com]

Don't get him started on vaccinations!!!

[Tom Kunich]

You know, I had 50 years of experience working largely in medical science. Why don't you tell us what you know about it?

[ritzann...@gmail.com]

Supposedly, unless you are lying, you joined the Air Force at 18 back in the 1960s. And spent four years in the Air Force because only the Army let you join for two years. Other branches were all volunteer four year. Army was drafted two years. So lets pretend you got out at 22 years old. No high school diploma. The Air Force doesn't conduct much medical science I don't think. So your 50 years of experience supposedly started the instant you got out of the Air Force. Which would make you 72 or so today. But you also claimed to have been retired, on social security for 5-10 years or more now. So you are 82 at least I would guess. And as others have pointed out your online resume shows you jumping from job to job every year. Do you see why no one believes anything you write?

Tommy boy, your claim of 50 years of experience working largely in medical science is akin to a janitor at Apple, IBM, Microsoft saying they have 20-30-40 years of computer experience because they worked at a computer company. No, it doesn't work that way. You may have worked some of your 50 year working career at medical companies. Maybe but highly unlikely. You were still just a junior stock boy flunky at all the companies. You have 50 years of being a go fetch me something boy.

All without a high school diploma. Personally I've never eve thought of a high school diploma as being that big of an achievement. Maybe it was back in the 1800s. Definitely not something to brag about. Of course you brag about not having one.

[Tom Kunich]

I understand that you are irrational and there is no cure for it. You can't even seem to remember the things I've actually written and hence make them up as you go. This is your mental conditioning and that is why you tell us that you're an accountant but cannot calculate interest rates over time. Nothing you say can be believed since according to you a tobacco company can successfully refute temperature records from the daily temperatures recorded in all of the local papers all over this country.

This is why you think that "rocks" can't conduct electricity, that somehow that my being discharged from the Air Force in 1965 doesn't leave 50 years between my discharge is well over 50 years. I suppose that is your accounting "degree" showing us your inability to add or subtract.

Please continue to post and show everyone exactly how irrational you are.

[ritzann...@gmail.com]

Tommy boy. 1965 discharge. If you really served in the Air Force as you claimed. Based on your lies, inaccuracy concerning everything related to the Air Force when you converse with John B, that is highly questionable. Four year minimum service for all Air Force personnel. Unless you were dishonorably discharged. Were you? 50 years from 1965 gets us to 2015. And you were 72. Enlisted at 18 and served 4 years gets you to 22 when discharged. You "retired" and started on social security at 72. Much later than most. That was six years ago. So you are 78 now. And putting the hurt on all those young bucks out in the Bay area who think they can challenge you on a climb. OK. I believe it. Honest, I do. Sure.

Tommy boy, you are going to have to provide a lot more context for this odd quote of yours:

"Nothing you say can be believed since according to you a tobacco company can successfully refute temperature records from the daily temperatures recorded in all of the local papers all over this country."

I don't recall talking about tobacco companies in any post. Temperature records? I have provided and quoted a few links for temperatures and hurricanes and such. As for refuting temperatures, not sure how or why I could do that. I do not know the temperatures all over the USA. Other than warm in summer and cold in winter. Relatively speaking. Severe winter where you live is just a normal spring day where I live.

[Frank Krygowski]

On 11/1/2021 5:54 PM, Tom Kunich wrote:
>
> You can't even seem to remember the things I've actually written and hence make them up as you go.

Please, Tom. YOU can't even remember things you've actually written!
That's been shown dozens of times.

As I've said many times, you really need to stop trusting your "memory."
Take notes.


--
- Frank Krygowski

[Tim R]

On Monday, November 1, 2021 at 4:52:19 PM UTC-4, funkma...@hotmail.com wrote:

> >
> > Now we can prevent mumps with vaccinations, if parents do their part. Back then that wasn't a thing.
> Don't get him started on vaccinations!!!

Sorry. Couldn't resist.

[Tom Kunich]

Frank, I find that when I post the truth or my honest opinions, I don't NEED to remember them. Pencilneck tells us that he is an accountant but cannot calculate interest rates of even calculate years. If this is the results of a college education then I'm certainly glad I forewent that.

[ritzann...@gmail.com]

Ho Ho Ha Ha. That is a really good one Tommy boy. Chuckle of the day or week.

"If this is the results of a college education then I'm certainly glad I forewent that."

Tommy, you passed on getting a HIGH SCHOOL education, let alone a college education. You're still trying to be competent at crawling, let alone walking or running.

[Tom Kunich]

Well that lack of education certainly didn't turn my income down now did it? Oh, I forget, you deny my resume or recommendation by university lecturers in chemistry and medicine. You deny my financial holdings lest it turn you green with envy. Despite my investments you cry that I don't have any. Despite continuous offers of work for increasing amounts of money on LinkedIn you deny that. It couldn't be more public what my job was and how successful I was at it but you will deny that showing the serious deficiency in your psyche.

[ritzann...@gmail.com]

Tommy boy, a "resume" is a document created and written by the person it represents. It is used to sell oneself to a potential employer. Everyone on earth puts flattering things on their resume and eliminates or diminishes the unflattering things. So no I do not put any weight into your resume. It could be, likely is, lies, marketing, etc. You are selling yourself with lies. And maybe you were a very good salesman, huckster, because others on this forum reported you had 40 or so jobs on your LinkedIn resume. All lasting a year or two at most. So you were either good at selling yourself to the next sucker company before the one you were working for found out you were a true A-hole, or got fired very quickly. As for your recommendations by University lecturers in chemistry and medicine, I would have to talk to and research those people. Most University lecturers in chemistry and medicine hold a PhD or MD in their field. So its a bit incredulous they would recommend a high school dropout for anything other than cutting the grass or picking up litter. Definitely not in chemistry or medicine.

[Tom Kunich]

If you worked in a technical field you'd know better than that, but as a bookkeeper you can't even add interest properly and probably have to hide that on your resume. As I said, recommendations from a college professor and lecturer in Chemistry saying that projects couldn't be completed without me would convince anyone but a dunce. Accomplishing the life's work for a Nobel Prize prize winner is hardly within your even beginning to understand. What do I have on my resume that is would not be completely substantiated by the previous employer. Engineering isn't like bookkeeping where they assume you could do simple arithmetic. Boy I'll bet your employers were surprised that you couldn't.

[John B.]

Tommy boy, as Frank posted, above, " you really need to stop trusting
your "memory.""

You have told us about getting by on the Social Security, you have
told us about trying to make a living buying and selling used junk on
ebay, you have told us about loosing your investments due to Obama,
you have told us about lamenting the high cost of groceries, you have
told us about living in your mother's house, i.e., never having the
money to buy your own home, you told us about living in a slum,

And now you tell us about all the money you have earned?

To coin a phrase, "Bull Shit!"
--
Cheers,

John B.

[Tom Kunich]

Again you show your dementia. I never said that I was making a living off of selling parts on Ebay and never even thought I could. But I have been paying for my bicycle hobby without having to use money from my investments so that they can grow unimpeded.

You're the one that told us that you had never drawn your military retirement pay which could only occur in the case of a dishonorable discharge. Is that what happened?

[ritzann...@gmail.com]

Tommy boy, previously you said "university lecturers in chemistry and medicine". Now you say "college professor". Professors (PhD) and lecturers are different. You can just be famous and be a lecturer. And not have any knowledge about what you are lecturing on. And you also say "Accomplishing the life's work for a Nobel Prize winner". One would assume the work to achieve the Nobel Prize is a person's life work. But you say a Nobel Prize winner has other loftier goals to achieve their life work after becoming a Nobel Prize winner?

And once again Tommy, you are NOT an engineer. You have to have a degree and studies in engineering to call yourself an engineer. You have no education or learning at all.

[Tom Kunich]

As the usual ass, you write a paragraph and a half of bullshit instead of looking Dr. McCown up. Why do you talk about my education when I made 3 times the money you did when I was working at any times in our careers? Does it make you so distraught and jealous that you can only deny it? What good has your education if you actually have any done you when you can't even calculate money made or lost in the market?

[John B.]

On Wed, 3 Nov 2021 09:01:35 -0700 (PDT), Tom Kunich

Tommy! Tommy! You just gotta learn to understand what you read! I
never said that I "never drawn your military retirement pay". That's
just you not understanding what you read.

As for making a living selling junk on ebay, read it again. I said
that you are "getting by on the Social Security, you have told us

about trying to make a living buying and selling used junk on ebay"

O.K., I was a little unclear I guess so I'll repost: "you've told us
about getting by on the Social Security, and trying to make an extra
penny buying and selling used junk on ebay".

Happy now?

By the way, do they have adult education classes in California. You
really do need some additional education in"reading comprehension".
--
Cheers,

John B.

[John B.]

But I read somewhere that garbage men are now calling themselves
"Sanitation Engineers". Perhaps Tommy should actually be referred to
as a "Mop and Broom Engineer"?
--
Cheers,

John B.

[Tom Kunich]

If that isn't what you said why did you delete that posting?

[Tom Kunich]

Success seems to pain the losers among you. My jobs are plainly listed on Linkedin and they had to be true because the Human Resources Departments used to call all of your previous employers for their recommendations. Then the Indians took over human resources and ran it the way they liked and to hell with the company they worked for.

[M Kfivethousand]

On Wednesday, October 27, 2021 at 9:48:12 AM UTC-5, Ted Heise wrote:
> Little story about law in Oregon I just came across:
>
> We prosecuted cases in Los Angeles, and we thought we saw lots
> of nuttiness. But an AUSA colleague in Portland, Oregon told a
> story that topped any of ours. He got a guy convicted of fraud
> and the judge sentenced the crook to a nice, long sentence. But
> the Ninth Circuit (grrrrrrr) overturned the sentence because the
> trial judge had not adequately explained the bases for the
> sentence.

In fact you would think they would be cheering him along

mk5000

American raised, Canadian born
My name is Daystar Peterston
One day I'mma be the biggest artist in the whole world
As for right now though, the year is 2008=="I Told You / Another One" lyrics
Tory Lanez

[ritzann...@gmail.com]

I'm guessing when you write "Indians" you mean people from the country of India. Like the CEO of Microsoft is Indian. Not the former Washington Redskins Indians. In a prior thread you talked about the Hispanics, or Spics, or Mexicans roofers who watched you hide a bike in your backyard shed and then stole it. And now its the dark skinned, dark haired Indians ruining human resource departments in companies. Do you think maybe you have some deep seated racism, discrimination issues?

[ritzann...@gmail.com]

And who is this Dr. McCown you mention for the first time ever? And why would I look up someone I had never ever heard of before? Do you think people can read your mind? That is a horrible thought!!!!!!!! For fun I did a Google search on "Dr. McCown" and turned up several doctors of various specialties in the USA with this name. How is that relevant?