MLCommons/peoples_speech_v1.0 huggingface dataset:
needed this is an appeal let me ask you one question what was compensated for as its losses and the other cases that right now you know one of the ninth circuit do i thought it sent it back and said you know you increased but invited the trial judge to consider an increase so that probably fifty percent of the savings to one hundred percent of the savings so that's in play right now in mediation it's imply about t mediation and obviously in that mediation process the pendency of this case will also be you know thrown into the mix but the important point to note there hide so it's not an identity of parties here i'm not trying to interfere with your argument but is there anything else you want to say or do you want to respond that was essentially i was going to i was going to reserve for any rebuttal minutes i just had one i have one  recovery team the way it works is that they're still independent nine hundred still different and there's no way we can really grapple with that and that's primarily the kind of thing that a trial court is best at sorting out isn't that the case well i think and under the circumstances that may be true  i just want to come in and make that point because we don't we don't argue that the supreme court in the cook county case has decided this issue about the local public in these be some sort of false claims that i just want to point out that it just doesn't seem fair to well you know a fleshed out in the trial court at least so we can see exactly what we're dealing with both sides have arguments and it's hard for us as an appellate court to make a decision on when any threat we take your argument to trace value will do with it what we think is appropriate what else would you like the ta
also part of this massive strike force is the b fifty eight at some point hundreds of miles from the home bases and high above all the clouds and whether the k c one thirty five will deliver their fuel to one of more of the bombers that is as fuel which will get the bombers to their targets at high or low al that an hour has passed since the first reports of unidentified aircraft in the control room reports of the takeoffs and positions are being tabulated while the command staff under the supervision of the director of operation jim what's the latest on those unidentified aircraft we have positive information that they are soviets but just had a report from a canadian interceptor that made contact with six of them we picked up seventy five on our radar screens and i think we can expect a lot more we estimate that they should get to your bases in about two hours what is the status of your force forces taking off i'm holding off the rest as long as i can to build up the maximum strike force we've got an unconfirmed report of a missile attack near loch bourne do you have anything out of this we picked up on one of our recorders also two in michigan one in colorado is there any particular pattern in the bomber attack yet you know except they seem to be spreading out as they get further know nothing except those ballistic missiles general bates the vice commander will be in command it will billy our alternate headquarters he's on his way live to give the soviets credit for picking this place an important target and launching several bombers again ninety seven squadrons there are six other advanced bases report missile explosions but no hits those tankers weren't supporting alert where they know sir they were part of the strike at the very deep b
right in order to substantiate the claim and now we're getting into factual territory yes you're going to have to get some medical accept the question whether or not the part of the case has a duty to provide that medical my seventh in order to trigger the is whether or not the a hands under their century duties the duty to go out and get the medical that medical advances could come back favorably presuming that medical evidence may not come out very well but there's a reasonable possibility that it will come back to replace and that there's a line and then there is there is evidence of links repeated in party mental health she says that there is actually that evidence had there never been any any any medical evidence on the question again to do sophist would not be triggered but once that happen that there are page seventeen of the of the appendix which is also part of the fourth system goes into a host of other reasons why there's a veteran doesn't qualify to receive an opinion including the fact that there's nothing about cardiovascular disease in
quote in this case it didn't never say as far as i can tell that he couldn't award prejudgment rest under both equity and five any that's true your honor however that's where we're we're back to you're saying this is the facts of this case that's true daryn that's where he's saying that there's error here because there's error in the lower courts equating five eating with compensatory interest there's compensatory interest does at some to my question my question and news you are looking at me in saying the government has not been made whole but it received more than it would have under  it seems the judge in gauging the balancing of the equitable interests here that was kind of the line with our initial case i think there's another case that that supports that approach are you saying that instead of as an interest and i think if you look at the plain meaning of that statute it says interest it mentions nothing on penalty it applies a six percent rate which was the interest rate that the u s government paid to  the child judge would take that into consideration in looking at the facts of his case and determine that there should be a greater interest a pluggable to compensate the government but there are other avenues there are other c i t can follow if misconduct statute that should be approachable and as interest in that community should be applied on top of it additional compensation for the government and in fact our argument is we have other arguments about interest should not be applied in other than just looking at the legal standard we have art or bird amendment argument about why this is not even government funds this is funds that will eventually go to private no i think that's that and just in this particular case that is the issue and if this is not a penal statute i didn't i didn't understand the going to be making an abuse of discretion standard based on anything other than the ear and the effect of each one has a specific purpose one thing at a turn the other being as for compensation as the court noted for this moment time it looks that it looks like six percent might be a submitted thank you counsel nice to see you both
it and that's why there was trial transcript and criminal too much pressure mak really dictate the result
moves crump's view of her difficulties with with p p persistence pacing concentration i think i'm asking because i frankly have some basis racing thoughts are why he chose the routine simple and minimal workplace change limitation and so on the question is counsel has no idea what the how the judge is going to justify to decide so he sees that hypothetical and then he sees the next one the next one is racing thoughts that would take he can't hypothesize all of these other limitations at that point in time right now the hypotheticals he'll have lined up so that the racing thought hypothetical is work for close to fly would consistently demonstrated misprints ability to pay attention and concentrate it all j also appropriately observed mrs prompt treatment providers refused to prescribe attention deficit disorder medications that repetitive tasks requiring no more than occasional contact with supervisors and coworkers no contact with the public and an assigned work area at least ten to fifteen feet away from coworkers the latter limitation and corresponding where i pathetically than the state agency psychologists by limiting this crump to the workplace changes only occasional interaction with coworkers and supervisors no interaction with the public and jobs requiring no more than a th grade reading level and again just remind the court the state agency here is set only unskilled work on a sustained basis without special consideration and let me get you to react to one of the concerns i've had absolutely right that the treatment notes in the treatment notes throughout the treatment dr baboo said the concentration is ok but when this particular work assessment is put to him he pretty he pretty clearly you know on in documented limitations in concentration persistence or pace that's the gist report observed mr grant failed to specify what additional limitations should have been included in the r f c and more importantly she
the move to the seventh case united states versus contra exactly the and the guideline by inquiring how frequently the premises were used for distributing drugs and how often they were used for lawful purposes and he made a finding  drug dealing ice the time spent sleeping and eating alone will outnumber the time spent on drug transactions and that do not disagree with that but i guess what i'm suggesting is that in order to arrive at his determination of whether it was a primary and there's there's a balancing act it's in the last sentence of two d one point one b twelve in the application in making the determination of i might quote the court should consider how frequently the premises are used by the defendant for manufacturing or distributing a controlled substance and i'll conducted at least eight narcotics transactions these transactions involve kilogram quantities of drugs he directed people to drop off drugs there and he directed customers to come to his house to pick up the drugs and to pay for them and he in time between the march and april transactions and the poultry and its actions raise concern in that it indicates that for some personable amount of time there of the residence was not being used for unlawful activity no you don't i don't believe it does i believe that the transactions the transactions had a similar qualities to all of them there were as i said before directing people to come to the house to pick up the drugs and pay for the drugs and even if there was some gap in time there was a continuity in the sense that he was picking up the same kind of transactions back in the fall of twenty thirty which is what i think you are learning about so i do not think that that takes away from the fact that the previous one of the primary purposes of this residence was to distribute drugs and based on those based on those undisputed facts and evidence for the record we believe the court all all three on just reports in the cases properly applied of the residents as contrary as there is a ratio with the frequency used in the illegal drug trade consider that legal illegal drug trade over three cases was quite substantial i think there needs to be that
documents i looked this is maybe i did something i knew i didn't sign but i had no way to verify it so i hired the experts paid the expert went to court when they went for this positive motion lawyer at the time which is a different based on fraud forgery what did you i just have a real basic factual question have you personally had to pay on the alleged to guarantee i think the entire note i never missed a payment i that's a good question and i've been thinking about this for the last week you can't divorce the times from what we're going through in two thousand and ten when the last extension or two thousand and eight when the last extension was signed by everybody the rate  to take the depositions of the bar in gentry and the people that run the signatures i want to find out what happened i want to report the time and effort the money i spent fighting the case i shouldn't have to fight i mean they get all it was final judgment on the merits of the court specifically found that washington federal was owed money because of the default on the worth law monetized that gave a but you say you argue in your brief you know that the court here could not have an order mr doherty any damage under any claim of complaint without  determine the that washington federal was not entitled to recover under the worst long that's what it's really disconnected from me and the reason i say that is because when you have a party that defaults because it's not it's not anything to do with answering the question one way or another about whether anybody forged mr doherty signature or not you know in other words i don't i just don't i see a complete disconnect or the way to look at it in terms of how they are connected is that the guarantee action involves claims by washington federal claiming that the worst owed on the worst loan and that the two guarant benefit of a judgment obtained by mr doherty in this case a finding that the loan documents which were submitted to the court and enable in federal to obtain a default judgment against him that similar to the ross advertising case we cite where the allegation is made in cases amber to were asserted as a defense in case number one we believe that there is an identity of the cause of action here and with respect
antonio brown the apples and in this case were before the court because we believe that the district court abuses discretion in imposing an eighty two months sentence on the defendant where the advisory guideline range an inference that mr brown had intended to participate in the drive by shooting that with a dolphin killing innocent person they concluded that he was a poor candidate rehabilitation because he had been a court must give quite compelling reasons as to why the court would have made such a decision here the district court compelling reason possessing that had been used had been fired at victims in the case and the intention of the defendant's use of that gun was to harm a romantic rival also in extra dangerous when the defendant illegally possessed a semiautomatic pistol with sixty one rounds of ammunition loaded and to two separate large capacity magazines inside a stolen car onto the streets of chicago at night under those circumstances and without an alternative explanation they consider this a court made a reasonable inference that there was no legitimate purpose for the defendant to be carrying that weapon with him other than to use it offensively which obviously pose a great danger to the public facts history characteristics properly noting that this was somebody who had recently been sentenced eight years in prison for a violent offense involving a weapons he only served four years and then committed the offense just seven months after being released in this district to this day in light of defendants inability to be deterred from committing another firearms offense even by a recent sentence even by four years actually served in prison and in light of the defendant documented unwilling remainder of the eighteen month sentence was adequately explained by the judge's other comments regarding the factors i just discussed this record was not required to explain each unit of time above the guidelines ranges imposed was not required to frame the sentence
after a morning of thinking it over george decides to take the pl here's bill ready to make the plunge see how well he does night bill didn't do very well first mistake to think that everybody recognizes his voice second mistake is it fair to extend an invitation without telling what it's all about the bill seems to realize that he did it the wrong way let's give him another chance well here it is the dance night as well groomed that's the first
words can't describe the emotions can because it was such an emotional place for anyone that walking with him sitting on top of each other families have had season tickets for as long as hope college was playing basketball don't kick a very loud my all american guy brooks told but this is where it was you know the people sitting right here had to watch my language and going all the way down to the end  this this is pretty typical of me a pacer that's a good one and if you look at that picture i was sitting in a fight start getting close to this line which would be the technical foul i could feel my coat being pulled down ok so i would have to make sure that he was with me and that he would take care of this now once in a while i get away from him but down here on the referees knew what was going on and then they would look at me i would call and it was blowing typical winner but we enjoyed every minute of it in michigan came out in force you know student council businessmen college administrators i mean if you read how in michigan you want to be here that last night pictures were taken people love them each other and no one left for hours after the game right up there is what my dad and my mother and my sister my brother my graf and grandma my uncles and aunts as they sat right up there it was a real genuine place to be able to play as a whole player here in the emotion still hangs and use when you know these people didn't like the dooku very much because they were standing up all the time ok so they couldn't stay so we were always fighting that and people getting upset that the time to get the dooku to sit down and said there's no way i'm going there because it's not going to happen you think i'm going to tell them to sit down you people can come together the passion of what happened in mr playing basketball with excitement with the duke or with the cheering with the people coming out and doing the national  someone but it was how
that worked in mr farms and were never very clearly  are actually very common and they're  on the other hand someone who is you never ever
i think the result is unfair i guess that's why i asked for now one issue that was raised by anyone and it hasn't been entertained by the court yet i don't think in that as in it just struck me that in reading the
us to discuss with the dischord care and its assessment of the merits of ben's claim and directed us to the what did you know to states versus wilkes and united states versus burns both cases from  you it seems that on the merits that our decision in brewer is somewhat problematic for your client's position very problematic intimidation that we have to follow through or regardless of whether you disagree with it don't we understand and we don't you lose under brewer and you have to take your argument to the on bond chord or the supreme court and the rest of it disagrees strongly with a precedent they don't understand and even the latest case of this court and purpose addressed this intimidation issue so there's even a more recent opinion setting forth that intimidation is not a way to get around is in your view purpose brewer indistinguishable from this case yes all of the all of the robberies the same language but the twenty want to levon two thousand one hundred and thirteen all use a matter of intimidation so it should apply in the analysis equally between them so where i mean even if
committed at the age of nineteen by an intellectually low functioning juvenile trial is something on this case i recognize this is a within the guidelines on it does not course he's going to be someone who does is more of a follower then a leader and i think he's aged out of that are starting to age out of that in prison and we're certainly not asking for immediate release you weren't asking a maybe in the olden days before the drug guidelines to change to crack case and you had the defendants with these kinds of backgrounds but the quantity had driven up through the roof i mean you know i i don't know i don't the position the united states i'm not really in position to be trying to come up with  good examples but i mean there could be situations where a sentence was totally unreasonable it probably they would be more structurally based on the guidelines though than are in a specific specific factor because those kinds of things can be weighed differently greater detail than this court needs to review exactly what those disciplinary sanctions were exactly what the what the testimony was or what the evidence was that was presented from all of these relatives and to weigh those factors there's no doubt that m fairly recent reports that mr taylor in particular cannot function outside of the highly structured nurturing environment one can read a lot of things between the lines of it as unit in certain prison it's hard to make a decision when you see all of that a difficult time functioning outside of a structured environment but that is because of the environment in which he raised society missed him and he fell through the cracks by the age of four one could argue much younger than that and if
auto parts a spent around since nineteen forty three they sold other stores last year hammond and highland and now they're finally selling their distribution center in new jersey ave and that's really kind of the end of fred and don in the local auto parts business and the let's see the dad started in one nine hundred forty three and i know a guy who's been doing business for all of those years with them and that's big clients i think it might have been griffith or share of ill and then they had a big warehouse and that's not run anymore they painted on right yeah so it's all over me now what do we have now we have well let's talk about in terms of neighborhood parts stores too i mean obviously we've got bomb put a bumper in lansing i mean but most of these have gone to you know i honestly i had forgotten that vincennes auto parts stores were actually owned by a chain now that the stores were last year we got notification of that in the center around some flyers and some big chain and it's a conglomerate of stuff and it's not the same there are no you know bumper to bumper those are still owned by the same people the same old monopod that own them were dollars van some of those are gone and are going to bring all these people from their chain you know and that's sad because i think you are gone one day but i was over at your store and i was just sitting in there i don't know they were fiction something on one of the cars and the guy from vance the new one of the guys from the new vance anisette we had just bought it this would have been late that would have been last year he came in and i was talking to him and then i never gave another thought to the fact that the event center says it actually sold their you know hammond in highland auto parts store and then looked at what they had left their machine shop in their recent warehouse over there  or new jersey avenue that's gotta be it's gotta be has still i don't even know where that distribution center is but it's big sixty thousand square feet and they had a big machine shop there at ridge road and  they i mean obviously this you know i know fred and don and have talked so my guess about their without like you without going to the places and they told me about how the people were ordering these parts all over the world on line and i didn't realize it had gotten so large but i mean that's a pretty good business to sell off i mean the local guys done well in selling that business off oh they have well now i'm line the online part is huge oh god especially going
his new single give me back my mojo seems like he's already got his mojo back but i want to let you know that's out there and david book is going to play here with the roots and rhythm band mr gary sloan on the trombone patty melt on the tenor sax carey page on the billie on the keys we got tot emmons on the base back here in the big sousaphone i drove personally back from nala and tony pentel is in the motor room on the drums so with no more ado let's hear the band