alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 22-3353

___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee

v. Lamel Brandon lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids

____________ Submitted: September 11, 2023 Filed: September 14, 2023 [Unpublished]

____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges.

____________ PER CURIAM. Lamel Brandon appeals after he pleaded guilty to a firearm offense and the district court 1 imposed a within-Guidelines sentence. His counsel has moved for

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.leave to withdraw, and has filed a brief under Anders v. California , 386 U.S. 738

(1967), challenging the sentence as substantively unreasonable. In a pro se brief, Brandon also challenges the sentence, contending that he possessed the firearm in connection with defending his son from an attack. He also raises claims of prosecutorial misconduct, vindictive prosecution, and selective prosecution. After careful review, we conclude that the district court did not abuse its discretion in sentencing Brandon. See United States v. Feemster , 572 F.3d 455, 461- 62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. Callaway , 762 F.3d 754, 760 (8th Cir. 2014) (stating that on appeal, a within-Guidelines-range sentence is presumed reasonable). We also conclude that the record does not support Brandon’s remaining pro se claims. See United States v. Hunter , 770 F.3d 740, 743 (8th Cir. 2014); United States v. Williams , 793 F.3d 957, 963 (8th Cir. 2015); Flowers v. City of Minneapolis , 558 F.3d 794, 798 (8th Cir. 2009). We have independently reviewed the record under Penson v. Ohio , 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel leave to withdraw.

______________________________

-2-
#### § 404.979 Decision of Appeals Council.

After it has reviewed all the evidence in the administrative law judge hearing record and any additional evidence received, subject to the limitations on Appeals Council consideration of additional evidence in § 404.970, the Appeals Council will make a decision or remand the case to an administrative law judge. The Appeals Council may affirm, modify or reverse the administrative law judge hearing decision or it may adopt, modify or reject a recommended decision. If the Appeals Council issues its own decision, it will base its decision on the preponderance of the evidence. A copy of the Appeals Council's decision will be mailed to the parties at their last known address.

[52 FR 4004, Feb. 9, 1987, as amended at 73 FR 76944, Dec. 18, 2008; 81 FR 90994, Dec. 16, 2016]
<PAGE>   1

EXHIBIT 23


                         CONSENT OF INDEPENDENT AUDITORS



We consent to the incorporation by reference in the Registration Statement (Form
S-4 No. 333-56461), and related Prospectus of Talon Automotive Group, Inc. of
our report dated March 12, 1999, except for Note 18 as to which the date is
March 26, 1999, with respect to the consolidated financial statements of Talon
Automotive Group, Inc., included in the Annual Report on Form 10-K for the year
ended December 31, 1998 filed with the Securities and Exchange Commission.



                                                  /s/ Ernst & Young LLP

Detroit, Michigan
March 30, 1999
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6462

CHAUNCEY A. WILLIAMS,

Plaintiff - Appellant,

v.

GENE JOHNSON, Director of VA D.O.C.,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. T. S. Ellis, III, Senior 

District Judge. (1:10-cv-01290-TSE-TCB)

Submitted: July 19, 2012 Decided: July 23, 2012

Before DUNCAN, AGEE, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Chauncey A. Williams, Appellant Pro Se. Lara Kate Jacobs, 

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Chauncey A. Williams appeals the district court’s 

order denying relief on his 42 U.S.C. § 1983 (2006) complaint. 

We have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. Williams v. Johnson, No. 1:10-cv-01290-TSE-TCB (E.D. Va. 

filed Feb. 29, 2012; entered Mar. 1, 2012). We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before the court and 

argument would not aid the decisional process.

AFFIRMED
### §6435. Authorization of appropriations

#### (a) In general

There are authorized to be appropriated to the Commission $3,500,000 for each of the fiscal years 2023 and 2024 to carry out the provisions of this chapter and section 6433a of this title.

#### (b) Availability of funds

Amounts authorized to be appropriated under subsection (a) shall remain available until the earlier of—

(1) the date on which they have been expended; or

(2) the date on which the Commission is terminated under section 6436 of this title.

#### (c) Limitation

In each fiscal year, the Commission shall only be authorized to expend amounts that have been appropriated pursuant to subsection (a) if the Commission—

(1) complies with the requirements set forth in section 6433a of this title; and

(2) submits the annual financial report required under section 6435a(e) of this title to the appropriate congressional committees.

(Pub. L. 105–292, title II, §207, formerly §205, Oct. 27, 1998, 112 Stat. 2800; renumbered §207 and amended Pub. L. 106–55, §1(b)(2), (4), Aug. 17, 1999, 113 Stat. 401, 403; Pub. L. 107–228, div. A, title VI, §681(e), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, §4, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 113–271, §1(1), Dec. 18, 2014, 128 Stat. 2951; Pub. L. 114–71, §5, Oct. 16, 2015, 129 Stat. 565; Pub. L. 116–94, div. J, title VIII, §808, Dec. 20, 2019, 133 Stat. 3079; Pub. L. 117–181, §2(a), Sept. 30, 2022, 136 Stat. 2177.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Religious Freedom Act of 1998, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables.

#### Amendments

2022—Subsec. (a). Pub. L. 117–181 substituted "2023 and 2024" for "2019 through 2022".

2019—Subsec. (a). Pub. L. 116–94 substituted "2019 through 2022" for "2016 to 2019".

2015—Pub. L. 114–71 amended section generally. Prior to amendment, section authorized appropriations for fiscal years 2012 through 2015.

2014—Subsec. (a). Pub. L. 113–271 substituted "2015" for "2014".

2011—Subsec. (a). Pub. L. 112–75 substituted "for each of the fiscal years 2012 through 2014" for "for the fiscal year 2003".

2002—Subsec. (a). Pub. L. 107–228 inserted "for the fiscal year 2003" after "$3,000,000".

1999—Subsec. (a). Pub. L. 106–55, §1(b)(4), substituted "to carry out the provisions of this subchapter" for "for each of the fiscal years 1999 and 2000 to carry out the provisions of this subchapter."

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2014 Amendment

Pub. L. 113–271, §2, Dec. 18, 2014, 128 Stat. 2951, provided that: "The amendments made by this Act [amending this section and section 6436 of this title] shall take effect as if enacted on December 10, 2014."
## **EXHIBIT 32.2**

 

## **CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report on Form 10-Kof 155 East Tropicana, LLC, a Nevada limited-liability company, and 155 EastTropicana Finance Corp., a Nevada corporation (collectively, the “Company”),for the twelve months ended December 31, 2009, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), Neil G.Kiefer, as President and Chief Executive Officer of the Company, herebycertifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)                                  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/  Neil G. Kiefer                    |   |
|----------------------------------------|--------|
| Neil  G. Kiefer,                       |   |
| President  and Chief Executive Officer |   |
| March 31,  2010                   |   |

 

The foregoing certifications are being furnishedsolely pursuant to 18 U.S.C. § 1350 and are not being filed as part of theReport or as a separate disclosure document.

 

----
### §289b. Authorization of appropriations; payment of salaries and expenses

There is hereby authorized to be appropriated annually to the Department of State—

(a) such sums, not to exceed $73,325,000 for the fiscal year beginning July 1, 1947, as may be necessary for the payment of United States contributions to the Organization (consisting of supplies, services, or funds and all necessary expenses related thereto) as determined in accordance with article 10 of the constitution of the Organization; and

(b) such sums, not to exceed $175,000 for the fiscal year beginning July 1, 1947, as may be necessary for the payment of—

(1) salaries of the representative or representatives and alternates provided for in section 289a of this title, and appropriate staff, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; and

(2) such other expenses as the Secretary of State deems necessary to participation by the United States in the activities of the Organization; Provided, That the provisions of section 287e of this title and regulations thereunder, applicable to expenses incurred pursuant to subchapter XVI of this chapter shall be applicable to any expenses incurred pursuant to this chapter.

(July 1, 1947, ch. 185, §3, 61 Stat. 215; Oct. 28, 1949, ch. 782, title II, §202(2), title XI, §1106(a), 63 Stat. 954, 972.)

#### **Editorial Notes**

#### References in Text

Subchapter XVI [§287 et seq.] of this chapter, referred to in subsec. (b)(2), was in the original a reference to the United Nations Participation Act of 1945.

#### Codification

In subsec. (b)(1), "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

#### Amendments

1949—Subsec. (b)(1). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".

#### **Statutory Notes and Related Subsidiaries**

#### Repeals

Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
<page>

	EXHIBIT 32.01


CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of Dean Witter Cornerstone
Fund II (the "Partnership") on Form 10-Q for the period ended
March 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Jeffrey A.
Rothman, President, Demeter Management Corporation, the general
partner of the Partnership, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of my knowledge:
(1)	The Report fully complies with the requirements of Section
13 or 15(d) of the Securities Exchange Act of 1934; and
(2)	The information contained in the Report fairly presents,
in all material respects, the financial condition and
results of operations of the Partnership.






By:  /s/Jeffrey A. Rothman

Name:   Jeffrey A. Rothman
Title:  President

Date:   May 17, 2004
###### Editorial Note on Part 416

#### Editorial Note:

Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

#### § 416.992a [Reserved]
(No. 74-CC-188

#### Wright Building Center, Claimant, *vs.*State of Illinois, Department of Transportation, Respondent.

*Opinion filed January 18, 1974.*

Wright Building Center, Claimant, pro se.

William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.

Per Curiam.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4372 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 4372

 To designate the facility of the United States Postal Service located 
 at 15 Rochester Street, Bergen, New York, as the Barry G. Miller Post 
                                Office.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2016

  Mr. Collins of New York (for himself, Mr. Rangel, Mr. Higgins, Mr. 
Donovan, Mr. Meeks, Mr. Reed, Ms. Slaughter, Mr. King of New York, Ms. 
Meng, Mrs. Lowey, Mr. Jeffries, Ms. Velazquez, Mrs. Carolyn B. Maloney 
 of New York, Mr. Nadler, Mr. Tonko, Ms. Clarke of New York, Mr. Sean 
  Patrick Maloney of New York, Mr. Israel, Mr. Gibson, Mr. Engel, Mr. 
Serrano, Miss Rice of New York, Mr. Zeldin, Mr. Hanna, Mr. Crowley, Mr. 
   Katko, and Ms. Stefanik) introduced the following bill; which was 
      referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
 at 15 Rochester Street, Bergen, New York, as the Barry G. Miller Post 
                                Office.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BARRY G. MILLER POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 15 Rochester Street, Bergen, New York, shall be known and 
designated as the ``Barry G. Miller Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Barry G. 
Miller Post Office''.
                                 <all>
```
EXHIBIT 5.1

                                White & Case LLP
                           1155 Avenue of the Americas
                            New York, New York 10036

October 26, 2000

Aphton Corporation
80 S.W. 8th Street
Miami, Florida  33130-3047

Dear Sirs:

     We have examined the Registration  Statement on Form S-3 (the "Registration
Statement") under the Securities Act of 1933, as amended (the "Securities Act"),
in the form in which it is to be filed by  Aphton  Corporation  (the  "Company")
with the Securities and Exchange  Commission (the  "Commission"),  in connection
with  the  sale  from  time to time by the  selling  stockholders  named  in the
Registration  Statement  (the  "Selling  Stockholders")  of 1,291,509  shares of
common stock, no par value, of the Company (the "Resale Shares").

     In connection with our opinion expressed below, we have examined  originals
or  copies  certified  to  our  satisfaction  of  such  agreements,   documents,
certificates and other statements of government officials and corporate officers
of the Company and such other papers as we have deemed relevant and necessary as
a basis for such opinion.  As to certain facts material to our opinion,  we have
relied,  to the extent that we deem such reliance proper,  upon  certificates of
public officials and of officers of the Company.  In rendering such opinion,  we
have  assumed  the  genuineness  of  all  signatures,  the  authenticity  of all
documents  submitted to us as originals and the conformity to authentic original
documents  of  all  documents  submitted  to  us  as  certified,   conformed  or
photostatic copies.

     Based upon and subject to the foregoing,  it is our opinion that the Resale
Shares have been validly issued and are fully paid and nonassessable.

     We consent to the filing of this opinion as an exhibit to the  Registration
Statement and to the reference to our firm  appearing  under the caption  "Legal
Matters" in the Prospectus forming part of the Registration Statement. In giving
this consent, we do not thereby admit that we are within the category of persons
whose consent is required under Section 7 of the Securities Act or the rules and
regulations of the Commission.

                                      Very truly yours,

                                      /s/  WHITE & CASE LLP
### §3381. Findings

Congress makes the following findings:

(1) The Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) affirmed United States policy "to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area".

(2) Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115–409), the United States has grown its strategic partnership with Taiwan's vibrant democracy of 23,000,000 people.

(3) The creation of a United States fellowship program with Taiwan would support—

(A) a key priority of expanding people-to-people exchanges, which was outlined in President Donald J. Trump's 2017 National Security Strategy;

(B) President Joseph R. Biden's commitment to Taiwan, "a leading democracy and a critical economic and security partner", as expressed in his March 2021 Interim National Security Strategic Guidance; and

(C) April 2021 guidance from the Department of State based on a review required under the Taiwan Assurance Act of 2020 (subtitle B of title III of division FF of Public Law 116–260) to "encourage U.S. government engagement with Taiwan that reflects our deepening unofficial relationship".

(Pub. L. 117–263, div. E, title LV, §5527, Dec. 23, 2022, 136 Stat. 3324.)

#### **Editorial Notes**

#### References in Text

The Taiwan Relations Act, referred to in par. (1), is Pub. L. 96–8, Apr. 10, 1979, 93 Stat. 14, which is classified generally to chapter 48 (§3301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables.

The Asia Reassurance Initiative Act of 2018, referred to in par. (2), is Pub. L. 115–409, Dec. 31, 2018, 132 Stat. 5387. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 2651 of this title and Tables.

The Taiwan Assurance Act of 2020, referred to in par. (3)(C), is subtitle B (§§311–315) of Pub. L. 116–260, div. FF, title III, Dec. 27, 2020, 134 Stat. 3099, which enacted provisions set out as notes under section 3301 of this title. For complete classification of this Act to the Code, see Short Title of 2020 Amendment note set out under section 3301 of this title and Tables.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 389

 365

 333

 367

 338

 362

 363

 391

 387

 371

 373

 348

 337

 320

 302

 325

 304

 287

 302

 328

 333

 316

 318

 316

 316

 320

 286

 280

 269

 258

 256

 209

 201

 199

 195

 202

 203

 200

 199

 209

 204

 201

 212

 206

 203

 198

 195

 191

 198

 207

 208

 204

 201

 201

 204

 201

 196

 200

 194

 192

 193

 175

 315

 289

 264

 270

 265

 270

 279

 297

 298

 287

 287

 281

 276

 272

 261

 270

 247

 241

 249

 262

 269

 262

 258

 258

 258

 255

 247

 241

 240

 227

 225

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JANUARY 2020 WATER QUALITY REPORT RUN DATE: February 12, 2020

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          77,942
<SECURITIES>                                         0
<RECEIVABLES>                                  101,520
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               213,707
<PP&E>                                          24,056
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 276,764
<CURRENT-LIABILITIES>                           41,905
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       1,239
<TOTAL-LIABILITY-AND-EQUITY>                   276,764
<SALES>                                              0
<TOTAL-REVENUES>                               119,207
<CGS>                                                0
<TOTAL-COSTS>                                   80,902
<OTHER-EXPENSES>                                25,795
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 13,297
<INCOME-TAX>                                     5,053
<INCOME-CONTINUING>                              8,244
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,244
<EPS-BASIC>                                      .22
<EPS-DILUTED>                                      .22


</TABLE>
### SUBCHAPTER III—EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES
#### Utica Avenue Plumbing Supply Co., Inc., Respondent, v. Home Owners’ Loan Corporation, Appellant, et al., Defendants.

Present — Close, P. J., Hagarty, Carswell, Johnston and Lewis, JJ.
#### Elizabeth C. Stonborough, Respondent, v. Preferred Accident Insurance Company of New York, Appellant.

No opinion. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ. [180 Misc. 339.]