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Max B was born Charly Wingate on May 21, 1978[10] and raised in the Abraham Lincoln housing projects in Harlem, New York City. His mother, Sharon Wingate, the eldest of eight siblings, had battled with substance abuse for most of her life and eventually served a year and a half in prison for her crack addiction. Charly was largely raised by his grandparents. According to his mother, his grandmother taught Charly her strong religious values from a young age. As a child, he was friends with future rapper and Dipset founder Cam'ron. He grew up with music in the household, and had sung in the Boys Choir of Harlem.[5] Despite his grandmother's best efforts, Charly was heavily influenced by the streets, and at the age of 18, began serving a sentence for robbery in 1997.[11] Wingate went on to serve 8 years in prison, before being released in 2005. Following his release, he immediately began pursuing a career in music, choosing the stage name Max B. The \"B\" being shorthand for Biggaveli, a portmanteau referencing The Notorious B.I.G. (\"Biggie Smalls\"), Jay Z (\"Jigga\") and Tupac Shakur (\"Makaveli\").[5][12] According to Wingate, his love for rap music came from his deceased brother, Eric, who left him collections of cassettes while he went in and out of town.[citation needed]
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The hate crime legislation enacted in 2009 directed the U.S. Sentencing Commission to submit a second report on federal mandatory minimums.28 The commission presented its second report in October 2011.29 A number of things had changed between the first and second Commission reports. Sentencing under the Guidelines had been in place for only a relatively short period of time when the first report was written. By the time of the second report, the number of defendants sentenced by federal courts had grown to almost three times the number sentenced under the Guidelines when the commission wrote its first report.30 The judicial landscape has changed as well. When the commission issued its first report, the Guidelines were considered binding upon sentencing judges.31 After the Supreme Court's Booker decision and its progeny, the Guidelines became but the first step in the sentencing process.32 In addition, the Fair Sentencing Act, passed in 2010, reduced the powder cocaine-crack cocaine ratio from 100 to 10 to roughly 18 to 1.33
The eight substances are heroin, powder cocaine, cocaine base (crack), PCP, LSD, fentanyl, methamphetamine, and marijuana. Criminal penalties related to each substance provide one set of mandatory minimums for trafficking in a very substantial amount listed in Section 841(b)(1)(A), and a second, lower set of mandatory minimums for trafficking in a lower but still substantial amount listed in Section 841(a)(1)(B). The first set (841(b)(1)(A) level) features the following thresholds:
At one time, possession with intent to distribute crack cocaine (cocaine base) was punished 100 times more severely than possession with intent to distribute cocaine in powdered form.294 Defendants claimed the distinction had a racially disparate impact. The claim was almost universally rejected.295
P.L. 111-220, 2(a), 124 Stat. 2372 (2010). Prior to enactment, 5000 grams of powder cocaine or 50 grams of crack cocaine triggered the Controlled Substances Act's 10-year mandatory minimum, 21 U.S.C. 841(b)(1)(A)(ii) and (iii) (2006 ed.), and 500 grams of powder or 5 grams of crack triggered its 5-year mandatory minimum. Id. 841(b)(1)(B)(ii) and (iii) (2006 ed.). The FSA established a 5000 grams to 280 gram ratio for the 10-year mandatory minimum, 21 U.S.C. 841(b)(1)(A)(ii) and (iii), and a 500 grams to 28 gram ratio for the 5-year mandatory minimum. Id. 841(b)(1)(B)(ii) and (iii).
The full list includes: \"fish and game violations, hitchhiking, juvenile status offenses and truancy, local ordinance violations (except those violations that are also violations under state criminal law), loitering, minor traffic infractions (e.g., speeding), public intoxication, [and] vagrancy.\" Id. 4A1.2(c)(2).
Id. 4A1.2(c)(1), (c)(2). The Sentencing Guidelines suggest a number of factors to assist in the determination of whether an unlisted offense may be consider \"similar\" for purposes of Section 4A1.2(c): \" (i) a comparison of punishments imposed for the listed and unlisted offenses; (ii) the perceived seriousness of the offense as indicated by the level of punishment; (iii) the elements of the offense; (iv) the level of culpability involved; and (v) the degree to which the commission of the offense indicates a likelihood of recurring criminal conduct.\" Id. 4A1.2, cmt. n.12(A). See, e.g., United States v. Foote, 705 F.3d 305, 307-308 (8th Cir. 2013) (possession of small amount of marijuana punishable by a small fine is not a similar offense to a similarly fined traffic offense); United States v. Burge, 683 F.3d 829, (7th Cir. 2012) (abandonment of a llama in violation of state wildlife code is sufficient similar to fish and game violations); United States v. DeJesus-Concepcion, 607 F.3d 303, 305-306 (2d Cir. 2010) (third degree unauthorized use of a vehicle is not a similar offense to careless or reckless driving); United States v. Calderon Espinosa, 569 F.3d 1005, 1008 (9th Cir. 2009)(offense of loitering for drug activities is loitering \"by whatever name it is known\"); United States v. Russell, 564 F.3d 200, 206 (3d Cir. 2009) (misdemeanor marijuana possession is not similar to public intoxication); United States v. Pando, 545 F.3d 682, 684 (8th Cir. 2008) (driving while intoxicated is not similar to careless or reckless driving, citing U.S.S.G. 4A1.2, cmt. n.5); United States v. McKenzie, 539 F.3d 15, 17-18 (1st Cir. 2008) (shoplifting is not similar to \"insufficient funds check\"); United States v. Garrett, 528 F.3d 525, 527-29 (7th Cir. 2008) (bail jumping is similar to contempt of court); United States v. Sanchez-Cortez, 530 F.3d 357, 359-60 (5th Cir. 2008) (military AWOL offense was not similar to truancy); United States v. Cole, 418 F.3d 592, 599-600 (6th Cir. 2005) (underage (over 18 but under 21) possession of alcohol was similar to a juvenile status offense).
Max's wife. She worked at the New York D.A.'s office before she was murdered for getting too close to the Valkyr Conspiracy. She Knows Too Much: The Payne family was targeted not as part of a personal vendetta, but because Woden leaked info on Valkyr to the D.A.'s office where Michelle Payne worked. Max suddenly recalls this in a flashback, but Michelle doesn't seem to realize what she's uncovered. Ironically, she probably would have let the story fall through the cracks, but Nicole Horne overreacted a bit. The Lost Lenore: For Max as his lost wife that he loved dearly. Rescue Romance: She first met her future husband Max when he saved her from an attempted robbery.
Two mobsters in charge of Lupino's hotel which is a front for most of his operations. They're the first two mobsters to try and kill Max. Bumbling Henchmen Duo: Two goofy gangsters that like to crack stupid jokes at Max's name. Dartboard of Hate: Apparently, the Finito Brothers aren't very fond of Vinnie Gognitti as there's a photo of him on a dartboard in their office. Dual Boss: Max fights both of them at once. They're only slightly tougher than regular Mooks (they have about twice as much health and much better aim), but Max is locked in a small office with them without much decent cover, with one brother being armed with a Deagle and the other with sawnoff. Ironic Echo: Joey gives one to Max while revealing that his cover's been blown.Max: You're killing me. Did you make that up yourselves or did you get some wino downstairs to come up with it Don't answer that. A rhetorical question. I've got something for the boss. Lupino around Joey: That kinda depends on who's askin', a friend... or a junk squad plant Don't answer, it's one of 'em, how'd ya put it, rhetorical questions. Ironic Name: Called Finito but are in fact the first boss fight. Pungeon Masters: They sure like to consider themselves this. Max disagrees. Punny Name: The Finito brothers die in their first and only appearance. Noted in a letter from Vinnie, which threatens to make the Finitos \"finito.\" Stationary Boss: The one with the desert eagle stays crouched behind his desk taking potshots at you while the one with the sawed-off shotgun chases you around the room. Warm-Up Boss: In the first game, as mentioned above, they're the first mobsters with some characterization who aren't just disposable henchmen (and slightly tougher). This makes them Max's first \"proper\" boss battle in the game.
A respected female detective and Max's partner in the NYPD in the second game, though they don't get along. Max discovers she's been keeping secrets over the course of the game. Asshole Victim: Max didn't knew she was crooked when he shot her down. Even though everything turned out \"fine\" in the end, Max himself notes that it shouldn't serve as an excuse. Broken Pedestal: At the start of the game, Max regards her as a By-the-Book Cop, as well as a better detective than he is. By the end, Winterson is taking suspicious calls from her desk and blatantly tampering with witness testimony, to the point where Max has to interview the man again. Max admits that the uptight Winterson was \"beneath [his] suspicion\" until now. In a nightmare, he comes to the realization that it was Vlad on the other end of her phone line.\"The gilding had cracked to expose the rot underneath.\" Deal with the Devil: Her boyfriend turns out to be Vladimir Lem. According to her, he has acted as a caring father figure to her son and is a generous financial donor of the Brooklyn School for the Blind. D'aww. Dirty Cop: Max discovers in Chapter 2 that Winterson is stonewalling the Cleaner investigation and leaking details of the case to someone who's involved. Even Evil Has Loved Ones: Winterson has a son at home who suffers from blindness. Evil Counterpart: She becomes a darker mirror image of Mona Sax, who herself occupies a moral grey area. She is attracted to Max, but at the same time has a temperamental on-off and somewhat hostile relationship with him. Unlike Mona, she does not love him, and does not seem to possess the same degree of morality Mona ultimately has. Family-Values Villain: Winterson is a divorced and single mother raising her only blind son. Fatal Family Photo: Her phone messages to Vlad's machine reveal her motivations. Foe Romance Subtext: Winterson is hinted to harbor some attraction to Max Payne, but nothing came of it. Once she became infatuated with Vlad, she began actively trying to frame Max for the Cleaner killings, along with Mona. Foregone Conclusion: The Fall of Max Payne opens with Max standing over her cadaver in the morgue. Hypocrite: Is unsympathetic to criminals, saying there is no excuse for their actions. When she is revealed to be one, she doesn't take any responsibility for her actions. Ice Queen: As befitting her surname. Some lower-ranking personnel on the force (the hit-squad Cleaners force, mind you) lampshade her aloof demeanor in Act II by exaggerating her posture into a runway model catwalk. Last Breath Bullet: She shoots Max Payne In the Back as she lays dying herself. Love Makes You Evil: Winterson grew reckless because she was seduced by Vlad and didn't want her son to grow up without a father. She didn't necessarily want to kill Max, but it was pretty clear that she was going to shoot through him if he got between her and Mona. Never My Fault: Winterson seems almost incapable of taking any responsibility for her failings. She morally judges everyone else as harshly as possible throughout the game, constantly pointing out Max's violations of police protocol and \"unprofessional\" behaviour. At the same time she blames everyone else for failure to apprehend criminals and protests that she has done nothing wrong whenever she is confronted. At no point does she ever seem to express guilt over jumping in bed (quite literally) with Vlad, or trying to kill people for him. Instead she blames everyone but herself. The Paragon Always Rebels: Max holds his partner up as a symbol of everything the badge should be. He overlooks several clues that Winterson's police work isn't up to par. Reverse Whodunnit: Winterson is revealed to be DOA in the hospital, and Bravura accuses Max of murder (though Max denies it). What follows is a retelling of how Max ended up in this situation. Shadow Archetype: To Mona, mirroring the same way Vlad is Max's shadow. Winterson is dressed in blue, Mona is dressed in red. The former is a cop, the latter an assassin. Winterson appears on the surface to be a By-the-Book Cop, while Mona appears to be quite unprofessional as she constantly lets personal feelings getting in the way of her job. However; as the plot progresses Winterson is shown to actually be a very immoral Hypocrite, who aids a mob boss due to her personal feelings for him, while Mona always remains true to her strong personal principles. To add more too it, Winterson's relationship with Vlad is shown to be very stable, while Max and Mona's ditto is very chaotic and largely unspoken. These Hands Have Killed: The game opens after Max kills Winterson and is hospitalized with severe injuries. Cleaners start combing the building for Max, and we flash back to the start of the case. Act 3 catches up with Max as he's trapped with Winterson's cadaver in the morgue, with Cleaners attempting to break down the door. 59ce067264
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