alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Arthur T. MITCHELL, Defendant-Appellant.

No. 04-30791

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

Catherine M. Maraist, Richard Lewis Bourgeois, Jr., U.S. Attorney’s Office Middle District of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee.

Rebecca L. Hudsmith, Federal Public Defender, Joseph R. Streva, Jr., Robert M. Marin, Federal Public Defender’s Office Western District of Louisiana, Lafayette, LA, for Defendant-Appellant.

Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM: *

Arthur T. Mitchell appeals the sentence imposed following his guilty-plea conviction for possession of a firearm by a felon, arguing that it violates the Sixth Amendment rule announced in *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). After briefing, the Supreme Court decided *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), extending to the Sen-*183fencing Guidelines the Court’s Sixth Amendment holding in *Blakely*and rendering the Guidelines advisory only. Mitchell’s *Blakely*objection in the district court preserved the issue for appeal, and we review for harmless error, which requires a showing beyond a reasonable doubt that the district court would have imposed the same sentence if it had been operating under an advisory guidelines system. *See United States v. Pineiro,*410 F.Sd 282, 284 (5th Cir.2005).

Our review of the record convinces us that the error in this case cannot be considered harmless. Although the district court sentenced Mitchell to the maximum sentence authorized by the then-mandatory guidelines range, that fact is insufficient, standing alone, to satisfy the Government’s burden. *See United States v. Woods,*No. 04-11058, 2006 WL 168475 (5th Cir. Jan.24, 2005). The district court’s comments about the defendant’s criminal history and the impact of his offense shed no additional light on what the court would have done if the Guidelines had been advisory; they may simply reflect why the court believed the sentence was appropriate within the mandatory guidelines framework.

SENTENCE VACATED; REMANDED FOR RESENTENCING.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
NORAM GAMING & ENTERAINMENT, INC. - 10QSB-QUARTERLY REPORT  Date Filed: 11/12/02
--------------------------------------------------------------------------------



                                  EXHIBIT 99.1


                                   CERTIFICATE
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

In connection with the Quarterly  Report of Noram Gaming &  Entertainment,  Inc.
(the  "Company") on Form 10-QSB for the fiscal quarter ended September 30, 2002,
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Form  10-QSB"),  I George Zilba,  the Chief  Executive  Officer of the Company,
certify,  pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, 18 U.S.C.
ss.1350, that:

                (1) The Form 10-QSB  fully  complies  with the  requirements  of
Section  13(a) or 15(d) of the  Securities  Exchange Act of 1934, as amended (15
U.S.C. 78m or 78o(d)); and

                (2)  The  information   contained  in  the  Form  10-QSB  fairly
presents,  in all material  respects,  the  financial  condition  and results of
operations of the Company.

Dated:  November 12, 2002.
      -------------------


               /s/  George Zilba
-------------------------------------------------------
Signature

Chief Executive Officer & Chief Financial Officer


The foregoing  certification is furnished solely pursuant to 18 U.S.C.  ss.1350,
and is not  being  filed as part of the  accompanying  Report  or as a  separate
disclosure document.






                                       16
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

ANDRE LEWIS,

Plaintiff, CASE NO.: 0:20-cv-61159-RKA

vs.

DISCOUNT PARKING FLL, LLC,

a Florida Limited Liability Company

Defendant.

____________________________________/

SCHEDULING ORDER

THE COURT, having considered the Joint Scheduling Report of the Parties, and having 

been otherwise advised, it is hereby ORDERED:

1. This case is assigned to the standard case management track pursuant to S.D. Fla. 

L.R. 16.1.A.2:

2. The detailed discovery schedule agreed to by the Plaintiff and Defendant, is hereby 

approved and shall be set out below:

DATE ACTION

8/25/20 The Parties shall furnish their initial disclosures pursuant to Fed. 

R. Civ. P. 26. The Parties are under a continuing obligation to 

furnish supplements within ten (10) days of receipt or other 

notice of new or revised information.

9/25/20 The Parties shall file motions to amend pleadings or join Parties.

12/22/20 The Plaintiff shall disclose experts, expert witness summaries 

and reports, as required by Federal Rule of Civil Procedure 

26(a)(2).

Case 0:20-cv-61159-RKA Document 12-1 Entered on FLSD Docket 07/29/2020 Page 1 of 2
01/22/21 The Defendants shall disclose experts, expert witness summaries 

and reports, as required by Federal Rule of Civil Procedure 

26(a)(2).

02/12/21 The Parties shall exchange rebuttal expert witness summaries and 

reports, as required by Federal Rule of Civil Procedure 26(a)(2).

03/16/21 The Parties shall complete all discovery, including expert 

discovery.

04/13/21 The Parties shall complete mediation.

05/04/21 The Parties shall file all dispositive pre-trial motions and 

memoranda of law. The Parties shall also file any motions to 

strike or exclude expert testimony, whether based on Federal 

Rule of Evidence 702 and Daubert v. Merrell Dow 

Pharmaceuticals, Inc., 509 U.S. 579 (1993), or any another basis.

05/31/21 The Parties shall file motions in limine. All motions in limine 

must be filed at least six (6) weeks before calendar call.

06/15/21 The Parties shall file their joint pretrial stipulation, witness lists, 

and exhibit lists in accordance with Local Rule 16.1(d) and (e). 

The Parties shall also file final proposed jury instructions or 

conclusions of law (for non-jury trials).

07/06/21 Calendar Call

07/20/21 Trial

DONE and ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, 

this ____ day of July, 2020.

ROY K. ALTMAN

UNITED STATES DISTRICT JUDGE

Copies furnished to:

Counsel of Record

Case 0:20-cv-61159-RKA Document 12-1 Entered on FLSD Docket 07/29/2020 Page 2 of 2
#### § 3513.32 How do I apply for a suspension of operations (economic concerns)?

Send us two copies of your application which shows why your lease cannot be operated except at a loss.
#### § 3107.23 Leases capable of production.

No lease for lands on which there is a well capable of producing oil or gas in paying quantities will expire because the lessee fails to produce the same, unless the lessee fails to place the lease in production within a period of not less than 60 calendar days as specified by the authorized officer after receipt of notice by certified mail from the authorized officer to do so. Such production must be continued unless and until suspension of production is granted by the authorized officer.
### §4967. Taxes on prohibited benefits

#### (a) Imposition of taxes

#### (1) On the donor, donor advisor, or related person

There is hereby imposed on the advice of any person described in subsection (d) to have a sponsoring organization make a distribution from a donor advised fund which results in such person or any other person described in subsection (d) receiving, directly or indirectly, a more than incidental benefit as a result of such distribution, a tax equal to 125 percent of such benefit. The tax imposed by this paragraph shall be paid by any person described in subsection (d) who advises as to the distribution or who receives such a benefit as a result of the distribution.

#### (2) On the fund management

There is hereby imposed on the agreement of any fund manager to the making of a distribution, knowing that such distribution would confer a benefit described in paragraph (1), a tax equal to 10 percent of the amount of such benefit. The tax imposed by this paragraph shall be paid by any fund manager who agreed to the making of the distribution.

#### (b) Exception

No tax shall be imposed under this section with respect to any distribution if a tax has been imposed with respect to such distribution under section 4958.

#### (c) Special rules

For purposes of subsection (a)—

#### (1) Joint and several liability

If more than one person is liable under paragraph (1) or (2) of subsection (a) with respect to a distribution described in subsection (a), all such persons shall be jointly and severally liable under such paragraph with respect to such distribution.

#### (2) Limit for management

With respect to any one distribution described in subsection (a), the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $10,000.

#### (d) Person described

A person is described in this subsection if such person is described in section 4958(f)(7) with respect to a donor advised fund.

(Added Pub. L. 109–280, title XII, §1231(a), Aug. 17, 2006, 120 Stat. 1097.)

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

#### Effective Date

Section applicable to taxable years beginning after Aug. 17, 2006, see section 1231(c) of Pub. L. 109–280, set out as an Effective Date of 2006 Amendment note under section 4963 of this title.
[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60407-60408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22655]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel, ``Center for AIDS Research'' 
(CFAR).
    Date: October 28-29, 2004.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Double Tree Hotel, 1750 Rockville Pike, Rockville, MD 
20852.
    Contact Person: Lucy A. Ward, DVM, PhD, Scientific Review 
Administrator, Scientific Review Program, Division of Extramual 
Activities, National Institutes of Health/NIAID, 6700B Rockledge 
Drive, Bethesda, MD 20892-7616, (301) 496-2550, <a href="/cdn-cgi/l/email-protection#bbd7ccdac9dffbd5d2dad2df95d5d2d395dcd4cd"><span class="__cf_email__" data-cfemail="137f64726177537d7a727a773d7d7a7b3d747c65">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology,

[[Page 60408]]

and Transplanation Research; 93.856, Microbiology and Infectious 
Diseases Research, National Institutes of Health, HHS)

    Dated: October 4, 2004.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 04-22655 Filed 10-7-04; 8:45 am]
BILLING CODE 4140-01-M


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#### § 46.155 Consultation, coordination, and cooperation with other agencies.

The Responsible Official must whenever possible consult, coordinate, and cooperate with relevant State, local, and tribal governments and other bureaus and Federal agencies concerning the environmental effects of any Federal action within the jurisdictions or related to the interests of these entities.
<TABLE> <S> <C>


<ARTICLE>                     5


<S>                             <C>
<PERIOD-TYPE>                   6-mos
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  APR-01-2000
<PERIOD-END>                    JUN-30-2000
<CASH>                          0
<SECURITIES>                    0
<RECEIVABLES>                   0
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                0
<PP&E>                          0
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  0
<CURRENT-LIABILITIES>           0
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        10
<OTHER-SE>                      (10)
<TOTAL-LIABILITY-AND-EQUITY>    0
<SALES>                         0
<TOTAL-REVENUES>                0
<CGS>                           0
<TOTAL-COSTS>                   0
<OTHER-EXPENSES>                0
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              0
<INCOME-PRETAX>                 0
<INCOME-TAX>                    0
<INCOME-CONTINUING>             0
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    0
<EPS-BASIC>                   0
<EPS-DILUTED>                   0



</TABLE>
[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Rules and Regulations]
[Page 60309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22721]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151

[USCG-2002-14273]
RIN 1625-AA52


Mandatory Ballast Water Management Program for U.S. Waters; 
Corrections

AGENCY: Coast Guard, DHS.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is correcting a final rule that appeared in 
the Federal Register of July 28, 2004 (69 FR 44952). The final rule 
requires mandatory ballast water management practices for all vessels 
equipped with ballast water tanks bound for ports or places within the 
U.S. or entering U.S. waters. These grammatical corrections clarify the 
final rule.

DATES: This correction is effective on July 28, 2004.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. Bivan Patnaik, Project Manager, Environmental Standards 
Division, Coast Guard, telephone 202-267-1744, email: 
<a href="/cdn-cgi/l/email-protection#fd9f8d9c89939c9496bd9e92909989d3888e9e9ad3909491"><span class="__cf_email__" data-cfemail="e1839180958f80888aa1828e8c8595cf94928286cf8c888d">[email protected]</span></a>. If you have questions on viewing the docket, 
call Ms. Andrea M. Jenkins, Program Manager, Docket Operations, 
telephone 202-366-0271.

SUPPLEMENTARY INFORMATION:

Need for Correction

    As published, the final rule contain errors which may prove to be 
misleading and therefore need to be clarified.

List of Subjects in 33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, 
Reporting and recordkeeping requirements, Water pollution control.


0
Accordingly, 33 CFR part 151 is corrected by making the following 
correcting amendments:

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

Subpart D--Ballast Water Management for Control of Nonindigenous 
Species in Waters of the United States

0
1. The authority citation for subpart D continues to read as follows:

    Authority: 16 U.S.C. 4711; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  151.2035  [Corrected]

0
2. In Sec.  151.2035(b)(2), add the word ``or'' after the semicolon. In 
paragraph (b)(3), replace the semi-colon with a period.

    Dated: September 28, 2004.
Joseph J. Angelo,
Director of Standards, Marine Safety, Security & Environmental 
Protection.
[FR Doc. 04-22721 Filed 10-7-04; 8:45 am]
BILLING CODE 4910-15-P


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</html>
#### § 3903.20 Forms of payment.

All payments must be by U.S. postal money order or negotiable instrument payable in U.S. currency. In the case of payments made to the MMS, such payments must be made by electronic funds transfer (see 30 CFR part 218 for the MMS's payment procedures).
Fourth Department,

September, 1943.

(September 22, 1943.)

#### Sydney Cooper, as Trustee in Bankruptcy of Benjamin F. and Jessie Barnett, Respondent-Appellant, v. Georgia E. Cantrell et al., Appellants-Respondents, and Baldwinsville State Bank, Defendant-Respondent.

Present— Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.
#### § 3811.2-2 Lands in national parks and monuments.

The Mining in the Parks Act (16 U.S.C. 1901 *et seq.*), effectively withdrew all National Parks and Monuments from location and entry under the General Mining Law of 1872, as amended. Since September 28, 1976, all National Parks and Monuments and other units of the National Park System have been closed to the location of mining claims and sites under the General Mining Law of 1872, as amended. Valid existing rights are recognized, but access and permission to operate mining claims and sites within units of the National Park System are now governed by 36 CFR part 9.

[59 FR 44856, Aug. 30, 1994]
#### § 402.11 Termination or cancellation.

Immediately upon the termination or cancellation of any contract for nonpayment or other appropriate reason the Commissioner shall notify the proper office of the Bureau of Land Management in order that the tract books located there may reflect the termination or cancellation of the contract.
§ 423.71 Sanctions. Under section (1)(a) of Public Law 107-69, you are subject to a fine under chapter 227, subchapter C of title 18 United States Code (18 U.S.C. 3571), or can be imprisoned for not more than 6 months, or both, if you violate: ( a ) The provisions of this part 423; or
( b ) Any condition, limitation, closure, prohibition on uses or activities, or public use limits, imposed under this part 423.
EXHIBIT 32

 

CERTIFICATION PURSUANTTO

18 U.S.C. SECTION1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

In connection withthe Annual Report of Terax Energy, Inc. (the "Company") on Form 10-KSB for theperiod ended December 31, 2004, as filed with the Securities and ExchangeCommission on the date hereof (the "Report"), I, Bill Chester, President andPrincipal Financial Officer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

-  The Report fully complies with the requirements of Section 13(a)				or 15(d) of the Securities Exchange Act of 1934; and
-  The information contained in the Report fairly presents, in all				material respects, the financial condition and results of				operations of the Company.

 

/s/ Bill Chester                                         
Bill Chester

President and Principal FinancialOfficer

March 30, 2005
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This  schedule  contains  summary  financial   infomration  extracted  from
     BIO-CHEM,  INC. June 30, 1996 financial  statements and is qualified in its
     entirety by reference to such financial statements.
</LEGEND>

<CIK>                         0000894562
<NAME>                        BIO-CHEM, INC.

       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1996

<PERIOD-END>                                   JUN-30-1996

<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1,000
<OTHER-SE>                                     (1,000)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
### §7446. Times and places of sessions

The times and places of the sessions of the Tax Court and of its divisions shall be prescribed by the chief judge with a view to securing reasonable opportunity to taxpayers to appear before the Tax Court or any of its divisions, with as little inconvenience and expense to taxpayers as is practicable.

(Aug. 16, 1954, ch. 736, 68A Stat. 880.)
(No. 1154

Claimant awarded $3,000.00.)

#### R. H. Musick, Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed May 26, 1927.*

Workmen’s compensation *act*— award *may*be *made under provisions of.*There being no dispute as to the facts and law in this case the court enters an award in favor of claimant for the amount of his claim.

Orman Ridgely, for claimant.

Oscar E. Carlstrom, Attorney General; Merrill F. Wehmhoff and Frank B. Eagleton, Assistant Attorney General, for respondent.

Mr. Chief Justice Clarity

delivered the opinion of the court:

Claimant states that he received an injury on May 18,1925 in the course of his employment while working as a State Highway patrol officer for the State of Illinois. He alleges that on that day while patrolling on Boute No. 8 on the road between El Paso and Eureka in attempting to pass a farm wagon on this road, his motorcycle struck the wagon and the same wras overturned and his right leg struck and was broken just above the knee joint.

In passing on this case this court would state that if there was any element in this case that would warrant the consider*426ation of the doctrine of reasonable care, it would in the opim ion of the court attract attention of the court.

However it seems the only issue for the consideration of the court is the extent of the injury and the amount that should be allowed, having in mind the rules of the Workmen’s Compensation Act. It would appear in the first instance that the amount claimed for physicians and nurse is rather high, but as there is no question in this record raised as to whether or not the same was reasonable and customary, it will not be discussed here.

The Attorney General comes and files a statement, that, figuring this claim on the basis of the Workmen’s Compensation Law, the claimant is entitled to $3,000.00.

Therefore the court recommends that an award of $3,000.00 be made in this case.