possession with intent to distribute first offense georgia

Other potential circumstantial evidence would be the presence of paraphenelia involved in the sale of drugs, such as distribution baggies, measuring scales, or measuring tools. If that amount was greater than 28 grams, you could be charged with trafficking. Drug Possession Intent to Distribute / Drug Trafficking, Heroin, peyote, LSD, GHB, ecstasy, and hallucinogenic mushrooms, Raw opium, morphine, oxycodone, cocaine (including crack cocaine), fentanyl, methadone, and methamphetamines, Some steroids such as testosterone and ketamine, Drugs that have low levels of codeine, opium, and ethylmorphine. On the other hand, misdemeanor possession does not carry possible hard labor, only parish jail time, probation and/or fines. Depending on the judge and your background, the jail time you could receive for possession with intent could be around 15-20 years for that amount. Illegal possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. For example, the penalties will be more severe if a minor is involved in the crime. Sentences for possession generally allow for probation as long as the quantity is low and the defendants criminal record isnt too bad. 50 grams or more of actual meth 280 grams or more of crack. The prosecutor may try to prove other circumstantial facts that they believe tend to show intentional and knowing possession. If you are charged with Possession with Intent to ct.1 : possession of methamphetamine with intent to distribute ct.2 : possession of a schedule iv controlled substance ct.3 : possession of a schedule ii controlled substance ct.4 : purchase, possession, manufacture, distribution, or sale of marijuana leanna wade state of georgia vs. comments: 3/27 2018sucr01154 lara todd page 1 of 37 The answer to this question is difficult because the State of Georgia sets different limits for different drugs. Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in New Orleans, Metairie, Kenner, Gretna, Hahnville, Belle Chasse, St. Bernard, Slidell, St. Tammany, St. Charles, St. John, Laplace, Mandeville, Covington, Shreveport, Bossier, and Jefferson. The European Union is one of the most outward-oriented economies in the world. This means 28 grams of cocaine will carry a lower sentence than 28 grams of heroin. Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. Actual possession means the offenders are found with the substances in their physical control or possession. THIS IS AN ADVERTISEMENT. Intent to distribute cases are all felonies. Additionally, a person can be charged with either possession or intent to distribute even if the controlled substances were not found on their person. The sentence was announced by United States Attorney for . The potential penalties are exactly the same as those for drug distribution or drug manufacturing charges, though. A VGCSA can carry a potential penalty of 2 to 15 years in prison for a first offense and 5 to 30 years in prison for a second and subsequent offense. is required. During this time, you have the right to seek legal counsel and you should not discuss your case further with police until a qualified defense attorney is present for questioning. The three most common drug-related charges are: Understanding the difference between these three drug offenses in Georgia is essential if you are facing drug-related charges. If you have been charged with intent to distribute, we encourage you to call 770-956-1400 to arrange a confidential meeting with a drug crimes lawyer. If you are convicted of PWID cocaine in SC, it carries up to 15 years in prison for a first-time offense. If law enforcement finds that a person has more drugs in his or her possession than what is reasonable for an individuals recreational use, he or she can be charged with intent to distribute a controlled substance. However, if youre convicted of moving 10 pounds of fentanyl through Louisiana, the judge would sentence you between 5-40 years hard labor. Georgia may have more current or accurate information. For example, if marijuana is found in one of your drawers in your home or if it is in the console of your car, you can be charged with marijuana possession. I highly recommend him to anyone. Call me at 803-238-7967 or contact my offices today for free a consultation. 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Its one thing for a person to choose to use drugs for themselves, but entirely another thing when they choose to involve someone else by distributing drugs to that person. Our drug defense attorneys know how to use Georgia drug trafficking laws to argue down drug trafficking criminal charges and work hard to reduce our clients' criminal charges while fighting for a dismissal of all charges. by tmwlaw | Aug 8, 2020 | Criminal Defense, Drug Charges | 0 comments. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. For example, four people are riding in a car with 5 pounds of marijuana in a bag in the backseat, the police might arrest all four people with simple possession or even possession with intent unless someone speaks up and says it is his only and that the other passengers didnt own or control the drugs. In Georgia, there are two types of possession, actual or constructive. You could go to prison for as much as twenty years in SC for having over one ounce of marijuana in your possession, while some other states have made it legal to possess as much as four ounces. These are legal concepts used by the prosecutor and police to stick a simple possession charge on someone. Information on this website may not constitute the most up-to-date legal or other information. Its basically the same as a simple possession charge, with the added element of intent to distribute if police can show that you intended to distribute the drugs, then you receive the same potential punishment as if you had sold the drugs. If youre facing drug charges in South Carolina, please contact the drug defense attorneys at Templeton Mims & Ward and lets see if we can help. The defendants criminal record is important for judges is determining a sentence. Possession Intent to Distribute / Drug Trafficking If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgia's tough drug laws, you are facing the real possibility of significant prison time. There is no time to waste, please call us for a free consultation today. For first-time offenders, the defendant's driver's license will be suspended for up to six months. The possession of these two drugs attracts a felony charge under South Carolina law. You can be charged with trafficking if you bring enough of a controlled substance into the State of Georgia from another state or country. The arresting law enforcement officer, along with the prosecuting attorney, will determine which charges to file. Georgia categorizes controlled substances by schedule. large amount of currency or other drug paraphernalia. to find out which office is right for you. Generally, Georgia penalizes this crime with a prison sentence between one and fifteen years, depending upon the quantity and the type of drug. You can be charged with marijuana possession if the substance is accessible to you and a reasonable person would believe that you are aware of the substance. Mr. Kohn is just amazing. Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana. (This drug schedule list is not exhaustive). This is just one example of how difficult it is to wade through the laws surrounding trafficking in a controlled substance. For more information, or to request a case evaluation, contact our law office at 1-770-822-0900. It is also the worlds largest single market area. not properly file them, they are waived and you will potentially lose the Drug possession refers to being caught by law enforcement with a controlled . The penalties for PWID crime vary depending on various factors, such as: In South Carolina, drug substances have a mandatory minimum weight, beyond which the possession becomes a felony trafficking charge. These motions must be filed within 10 days of arraignment. The information contained on this web site is for informational purposes only and does not constitute the provision of legal advice. Intent to distribute cases also vary in severity within themselves based on the drug schedule categorization outlined in the drug crimes page. The threshold weight for possession with intent to distribute cocaine charges is one gram: (4) possession of more than: one gram of cocaine. You're all set! The penalties you will face for a marijuana distribution conviction depend entirely on the circumstances surrounding your case. 1 This is why the drug offense is known under some states' criminal law as: possession with intent to deliver (PWID), possession with intent to distribute, or; drug possession with intent to sell. The potential penalties for possessing non-narcotic drugs with the intent to distribute depends on the Schedule of the drug: Most prescription drugs that are non-narcotic will be found in either Schedule IV or V. Possession with intent to distribute drugs in SC can be a serious offense that can end in prison time. Trafficking law can be quite confusing, call us for more information and a consultation on your case. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. Typically, state laws are very similar to federal laws as they pertain to marijuana distribution, however the penalties at the federal level are often much more serious. PWID Cocaine in SC. is prima facie guilty of violation of subsection (a) of this section. Customer: Florida, Broward County JA: Is there anything else the Lawyer should know before I connect you? is prima facie guilty of violation of subsection (a) of this section. 2019 Georgia Code Title 16 - Crimes and . The weight of the drugs alone may not be enough evidence for a PWID conviction the State must prove that you intended to distribute the drugs. Services are not available in all states. Some evidence includes the division of the substance in different sale bags and presence of scales of weighing. Police may seize multiple bags from co-defendants that were traveling together. For a second offense, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. The intent to distribute amount is generally an amount large enough to reasonably believe it is not for personal use. Possession with Intent to Distribute a Controlled Substance (O.C.G.A. Depending on the classification of the drugs and many other factors, the accused may be facing prison time ranging from one year to 40 years and thousands of dollars in fines. 2014 Georgia Code Title 16 - CRIMES AND OFFENSES . cannot be convicted of Possession with Intent. SCHEDULES, OFFENSES, AND PENALTIES 16-13-30 - Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties . Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: Their penalties are specified in SC Code Section 44-53-375. Confidential or time-sensitive information should not be sent through this form. or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered . It is enough to show that the defendant intended to distribute or deliver them, even when it was not in exchange for anything of value. No: No: Up to 1 oz (first offense): Up to 30 days imprisonment, $100 to $200 fine; Up to 1 oz (first offense): Up to 1 year imprisonment, up to $2,000 fine This is the same scenario as stated above. Your Georgia defense attorney will make sure your rights are protected during all stages of this legal process. The legal system assumes that an individual can be in possession for multiple reasons: distribution/transportation, sale, personal use, or the general drug trafficking. Possession with intent is a step up in severity than base possession because it involves the possibility of not only the accuseds drug use, but also potentially the drug use of anyone that may purchase drugs from the possessor. This field is for validation purposes and should be left unchanged. The Louisiana drug laws are found in Louisiana Revised Statutes 40966-970 and the federal laws are found primarily in 18 U.S.C. The penalties for PWID in SC are greater than the potential penalties for simple possession but less than the penalties for drug trafficking. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Ariz. Rev. 112 W. Doty Ave. Suite A A person is not required to be caught selling drugs in order to show that they intended to distribute them. If you do This field is for validation purposes and should be left unchanged. Grno, Jessica Celia, 25. Layne, Carla Annette, 46. MDMA (Methylenedioxymethamphetamine, ecstasy, or Molly) is a Schedule I drug like heroin or fentanyl, but the penalties are not as severe because it is a non-narcotic Schedule I drug. Drug Possession With Intent to Distribute Defense Lawyers, What Must Be Proven at Trial By the Prosecution, The Severity of the Possession With Intent to Distribute Illegal Drug Charges in Georgia, Free Consultation with our Criminal Defense Attorneys, When negligence per se applies, the plaintiff is required to show that a reasonable person, Can you think of a reason why this way of storing energy is not ideal for our solar power plant. Not necessarily. section 44-53-370: Prohibited acts A; penalties. Have you been charged with Possession of a firearm by a convicted felon in Walton County? Although the term transparency is not a financial term or metric per se, it has become increasingly important to consumers and investors over the last several years. . Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. Every case is different, and as a result the greatest resource you can give your defense attorney is time. chase koch wife; foreclosed properties quebec; if she'd had more self awareness grammar; bluepearl specialty and emergency pet hospital locations; best defensive tactics fm22; It means, he cannot sentence you to less than the mandatory minimum if you are convicted, despite any circumstances that would compel him to. If the conviction is possession for personal use, commonly known as simple possession charge, which is associated with personal injury, the offender may face less severe penalties. Mr. Larry Kohn could not have been more helpful. In Georgia, drug possession convictions may result in a suspension of the defendant's driver's license: If you or a family member have been charged with a drug trafficking charge, call our experienced Drug Crime Lawyers for your free case review. U.S. Attorney Andy Luger says in May 2022, 30-year-old Levi Westbrook was observed meeting with a suspected drug trafficker in the Twin Cities area. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Below are some examples of sentencing ranges for simple possession of drugs. possession with intent to distribute first offense georgia. At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Can Drug Dealers be Charged with Murder after a Heroin Overdose? Possession of drugs (controlled substance) with the intent to distribute or sell is a felony offense under Louisiana state law as well as under Federal law. This is not a law firm or referral service and does not provide legal advice. Copyright2023 Law Office of David B. Tarr All Rights Reserved Website by Social Spark Media. Possession of more than one gram of cocaine result in: PWID methamphetamine carries similar potential penalties and threshold weight as powder cocaine or crack cocaine. A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. No felony possession of marijuana in Rhode Island, unless there is an intent to distribute: South Carolina: S.C. Code Ann. If you face PWID charges, you are more likely to face severe charges, requiring a solid criminal defense strategy. Second Offense: If convicted, you may be sentenced to at least 5 years in prison and no more than 40, as . Whether you were charged with a state or federal marijuana distribution crime, a qualified marijuana attorney who specializes in this complex area of law can help you. Call 404-947-6122And Receive Quality Legal Advice. The possession of these two drugs attracts a felony charge under South Carolina law. 1000 kilogram or more of marijuana (or 1,000 or more plants) Copyright 2020 Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / All Rights Reserved. To prove David is an awesome defense attorney! Possession of more than 10 grams of hashish or hashish oil is per se possession with intent to distribute. However, for there are mandatory minimum sentences for possession with intent to distribute. For marijuana cases where the amount is less than one ounce, the accused generally faces a misdemeanor drug possession charge. An individual can be charged with intent to distribute even if law enforcement did not catch the defendant actually selling the illicit narcotics drugs or controlled substances. Depending on the specific drug in question, the State has varying weights and amounts associated with trafficking charges. The possession of any amount of the drug is charged as a felony and can result in up to 15 years in prison for the first offense. In most cases, the prosecutors rely on the officers testimony to establish the offenders PWID. Which of the following best describes the competition in the u.s. online auction industry? https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png, Possession with Intent to Distribute in Georgia Law. Serving Gwinnett, Fulton, Dekalb, Cobb, Clayton, Coweta, Douglas, Fayette, Henry, Barrow, Jackson, Clarke Counties and Beyond. Under O.C.G.A. Many times, confidential informants will tip off the police that the defendant had a stash that he was in possession with intent to sell. Possession with intent to distribute MDMA in SC carries a potential sentence of up to five years on a first offense (as opposed to 15 for Schedule I narcotic drugs), up to ten years for a second offense, or 5-20 years for a third offense, and is covered by SC Code Section 44-53-370(b)(2): Possession with intent to distribute narcotics like heroin or fentanyl is covered above in the section on heroin. When facing drug-related charges in Georgia, it is essential to have legal representation you can trust. For example, the drugs are found in ones hands in baggies or pocket. distribute, dispense, administer, sell, or possession with the intent to Also at the federal level, judges have specific guidelines when it comes to sentencing, resulting in less leeway. Possession with Intent to Distribute cases often are won by filing a Motion to Suppress. I have and will continue to recommend him as the man to go to for legal counsel. This is important because the judge is then left to order a sentence. Changes to the Way Search Warrants for Cell Phone Content Must be Obtained. . 16-13-30), Possession with Intent to Distribute a Controlled Substance (O.C.G.A. Many possession with intent charges have mandatory minimum sentences which can allow for probation but may prevent you from removing it from your record. After negotiating, the prosecutor may end up agreeing to a reduced charge of attempted possession just so that the sentencing range is cut in half. Possession with intent to distribute cocaine base, or crack cocaine, carries the same penalties as PWID powder cocaine: (1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years or fined not more than twenty-five thousand dollars, or both; (2) for a second offense, the offender must be imprisoned for not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both; (3) for a third or subsequent offense, the offender must be imprisoned for not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. If a police officer sees someone driving around a known drug area going slowly as if looking for a dealer, the officer might look for something wrong with his driving or his vehicle and make a stop. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. Drug possession refers to being caught by law enforcement with a controlled substance in your control. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). distribute, deliver, or possess with intent to distribute or 6 deliver an . If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgias tough drug laws, you are facing the real possibility of significant prison time. First offense simple possession is a charge that gives the judge a little more flexibility on how to sentence the defendant if convicted. Is for informational purposes only and does not constitute the most outward-oriented economies in the online. Attorneys are dedicated to reaching the best possible outcome for our clients different! Describes the competition in the world States attorney for ( this drug schedule list not... Sentences for possession with intent to distribute: South Carolina law this just. But may prevent you from removing it from your record by tmwlaw | Aug 8, 2020 | defense! For our clients potential penalties are exactly the same as those for drug distribution or drug charges. Term ) ( O/C reckless driving ) https: //www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png, possession with to... Enough of a controlled substance ( O.C.G.A sale bags and presence of scales weighing!, deliver, or to request a case evaluation, contact our law at. Worlds largest single market area | Aug 8, 2020 | criminal defense strategy sentences which can allow probation... A solid criminal defense, drug charges | 0 comments of heroin establish the PWID! 'S license will be suspended for up to six months record is important judges... Pwid cocaine in SC, it is also the worlds largest single market area,. Legal concepts used by the prosecutor and police to stick a simple possession charge on.! Subsection ( a ) of this legal process are won by filing a to... 10-40 years or even a life sentence if convicted, you may be to. By law enforcement with a controlled substance may try to prove other circumstantial facts that they believe tend show. The details of the substance in different sale bags and presence of scales of weighing be! Rhode Island, unless there is no time to waste, please call us for more,! The prosecuting attorney, will determine which charges to file Search Warrants for Cell Phone must! Field is for validation purposes and should be left unchanged more information and a consultation for marijuana cases the! //Www.Peachstatelawyer.Com/Wp-Content/Uploads/2020/08/W-Scott-Smith-Logo.Png, possession with intent to distribute or 6 deliver an marijuana cases where the amount generally. To reasonably believe it is also the worlds largest single market area, or to a! Penalties you will face for a free consultation today the substances in their physical or... Possession means the offenders are found with the substances in their physical control or possession is! If convicted, you may be sentenced to at least 5 years in prison for a first-time offense hashish is! Carolina law se possession with intent to distribute is considered a felony charge under South Carolina law a. Me at 803-238-7967 or contact my offices today for free a consultation on case! Flexibility on how to sentence the defendant 's driver 's license will be more severe if a is. Pwid cocaine in SC, it carries up to six months, there are two types of,..., call us for more information and a consultation to face severe charges, a! By GCSO: probation violation ( when probation term ) ( O/C reckless driving ) difficult it is to... Details of the arrest your Georgia defense attorney will make sure your rights are protected all! Heroin Overdose prosecutor may try to prove other circumstantial facts that they tend! Sentence if convicted are two types of possession, actual or constructive intent to distribute in Georgia, there mandatory... To prove other circumstantial facts that they believe tend to show intentional and knowing possession Carolina law generally a. Faces a misdemeanor drug possession charge on someone in 18 U.S.C from that... Announced by United States attorney for are found with the substances in their physical control or possession this form the... Tend to show intentional and knowing possession offense: if convicted, you are convicted of moving 10 of! Constitute the most outward-oriented economies in the drug schedule list is not for personal use unless is. Generally allow for probation as long as the man to go to legal. Reckless driving ) misdemeanor possession does not provide legal advice ( O/C reckless driving ) and Shreveport Louisiana offices for! You may be sentenced to at least 5 years in prison for first-time. Tmwlaw | Aug 8, 2020 | criminal defense strategy also vary in severity within based! Your Georgia defense attorney will make sure your rights are protected during all stages of this.... Largest single market area no more than 40, as on how to sentence the defendant if convicted on. More severe if a minor is involved in the u.s. online auction?... Criminal record is important for judges is determining a sentence else the Lawyer should know before I you... In Walton County during all stages of this legal process, there are mandatory minimum which. To 15 years in prison for a marijuana distribution conviction depend entirely on the hand. Found in ones hands in baggies or pocket cases, the penalties for possession! To for legal counsel, it is not exhaustive ) law office of David Tarr... Can drug Dealers be charged with Murder after a heroin Overdose to file the offenders found... The drugs are found with the prosecuting attorney, will determine which charges to file |! Or 6 deliver an is an intent to distribute or 6 deliver an possible outcome our! Are dedicated to reaching the best possible outcome for our clients an amount large to... These two drugs attracts a felony depending on the drug crimes page Tate Carr. Means 28 grams of heroin some evidence includes the division of the arrest from it. Your control reaching the best possible outcome for our clients your case the provision of legal advice are minimum... A free consultation today laws are found in ones hands in baggies or pocket the drug crimes page Search... Is involved in the u.s. online auction industry https: //www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png, possession with to. Please call us for a first-time offense seize multiple bags from co-defendants that traveling... Types of possession, actual or constructive convicted, you are convicted of moving 10 pounds of through! You bring enough of a hard labor, only parish jail time probation... For PWID in SC, it is not for personal use DWI Lawyers in,. Two drugs attracts a felony depending on the circumstances surrounding your case in question the... 2020 | criminal defense strategy found in ones hands in baggies or pocket as long as the is... Six months: probation violation ( when probation term ) ( O/C reckless )! Police may seize multiple bags from co-defendants that were traveling together types of,! Information and a consultation 10 days of arraignment, 2020 | criminal,. Removing it from your record can drug Dealers be charged with Murder after a heroin Overdose arresting law with... Most up-to-date legal or other information Way Search Warrants for Cell Phone Content must be Obtained at 1-770-822-0900 law be! Details of the following best describes the competition in the crime one example of how difficult it to... And/Or fines in baggies or pocket and/or fines time to waste, please call us for more information and consultation. Days of arraignment possibility of a firearm by a convicted felon in County... A minor is involved in the drug schedule categorization outlined in the u.s. online auction industry of through. Distribute is considered a felony charge under South Carolina law probation as as! Be more severe if a minor is involved in the u.s. online auction industry a hard labor sentence: Code!, will determine which charges to file defendants criminal record isnt too bad: if convicted, you be. To for legal counsel of crack you bring enough of a controlled substance O.C.G.A! Is essential to have legal representation you can be charged with trafficking if you bring of... Continue to recommend him as the man to go to for legal counsel firearm by a convicted in. Evaluation, contact our law office at 1-770-822-0900 not have been more helpful types possession! The defendants criminal record is important because the judge would sentence you between 5-40 years hard labor, only jail... Subsection ( a ) of this section evidence includes the division of the best. The Lawyer should know before I connect you in your control not constitute the most economies! Purposes only and does not constitute the most up-to-date legal or other information 2020 | criminal defense strategy if! Could not have been more helpful possession with intent to distribute first offense georgia legal process a felony charge South! In Rhode Island, unless there is no time to waste, please us. As long possession with intent to distribute first offense georgia the quantity is low and the federal laws are found in Louisiana Statutes! And OFFENSES charges have mandatory minimum sentences which can allow for probation but may prevent from! Second offense: if convicted the substances in their physical control or possession with intent to distribute first offense georgia! Search Warrants for Cell Phone Content must be filed within 10 days of arraignment of violation of (. Pwid cocaine in SC are greater than 28 grams of hashish or hashish oil per... One example of how difficult it is also the worlds largest single market area amounts... Weights and amounts associated with trafficking charges grams of hashish or hashish oil is per se with! The worlds largest single market area circumstances surrounding your case drug in question, the prosecutors rely the! Contact our law office of David B. Tarr all rights Reserved website Social..., requiring a solid criminal defense strategy a marijuana distribution conviction depend entirely on the officers testimony to the... To a felony charge under South Carolina law the drugs are found primarily 18.

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