alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 1:88-cr-01007-MP-AK

WILLIE BUD REED, JR.,

Defendant.

________________________________/

O R D E R

This matter is before the Court on Doc. 1118, Emergency Motion to Correct Clerical

Errors in Defendant’s Presentence Investigation Report. Defendant states that he was incorrectly

attributed three points on his presentence investigation report, and that unless the clerical error is

corrected pursuant to Rule 36 of the Federal Rules of Criminal Procedure, he will be transferred

to a higher security prison. Defendant has attached the Magistrate Judge’s Report and

Recommendation, Doc. 733, which this Court adopted in Doc. 759, seeking to show that he was

erroneously attributed these three points. Contrary to Defendant’s representation, the Report

only assumes that Defendant’s allegations are true for the purpose of deciding whether

Defendant had shown any prejudice to establish a claim of ineffective assistance counsel. 

Further, the Report also states that the three points could have been attributed to the criminal

offense described in paragraph 29 of the presentence report. Because the Court finds no error in

the record, the Defendant’s Motion to Correct Clerical Errors is DENIED.

DONE AND ORDERED this 19th day of October, 2006

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case 1:88-cr-01007-MW-GRJ Document 1119 Filed 10/19/06 Page 1 of 1
§ 3560.153 Calculation of household income and assets. ( a ) Annual income will be calculated in accordance with 24 CFR 5.609.
( b ) Adjusted income will be calculated in accordance with 24 CFR 5.611.
FIL ED U.S. COURT OF APPEAL S EL EVENTHCI RCUI T AUG 16, 2011 J OHN LEY CL ERK [DO NOT PUBLISH] IN THE UN ITED STATES COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 1 0- 13 78 7 Non -Arg um en t Ca le nd ar

__ __ __ __ __ __ __ __ __ __ __ __ D.C. Dock etNo. 1 :1 0- cr-2 01 40 -MGC- 1 UNITED STAT ES OF AMERIC A, Pl ai nt iff -Ap pe ll ee,
ve rs us DAVID MARTINEZ, Defen dant -Ap pe ll an t.

__ __ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S tate s Di stric t Co urt fo r th e So uthe rnDis tri ctof F lo rid a

__ __ __ __ __ __ __ __ __ __ __ __ _ (Au gu st16 , 20 11 ) Befo re TJ OFLAT, CARNES andPRYOR, Ci rcu itJu dg es . PER CURI AM: Dav idMart in ez ap pe al s h is sen te nc e o f 48 m on th s o f im pr is on m en t fo r
co ns pi rin g t o u se un auth or iz edacce ss de vi ces , 18 U.S.C. § 1 02 9( b) (2 ), po ss es si ng de vi ce-m ak in g e qu ip m en t, i d. § 10 29 (a)( 4) , andag gr av at edid en ti ty the ft, i d.§ 1 02 8A( a)(1 ). Mart in ez ar gu es th atth e d is tri ctco urt co ul d n oten hanc e b y two po in ts hi s b as e o ffen se lev el for po ss es si ng de vi ce-m ak in g e qu ip m en t, s ee Un it ed St at es Sen te nc in g Gu id el in es Manua l § 2B 1.1 (b )(1 0) (A)(i ) (2 00 9) , bec au se th at
m is co nduc t was acco un te d fo r inhi s s en te nc e fo r ag gr av at edid en ti ty the ft. We affi rm . The d is tri ctco urt d idno t err by add in g two p oi nt s t o M art in ez’s b as e of fen se lev el . A defe nd an t co nv ic te d o f ag gr av at edid en ti ty the ft c an no t b e
se nt en cedforth atoff

en se an d a“ sp eci fic off

en se ch arac te ris ti c fo r th e tr an sf er, po ss es si on , or u se of am ean s o f id en ti fic at io n,” id . § 2 B1 .6 cmt. n .2, wh ic h in cl ud es an y

“ te le co m m un ic at io n i de nt ifyin g i nf

orm at io n o r acc es s d ev ic e (as de fin edinsec ti on 10 29 (e)[ (1 ) an d (1 1) ]),” 18 U.S.C. § 1 02 8( d) (7 ). Mart in ez po ss es se d api ece o f “ de vi ce-m ak in g e qu ip m en t” cal le d a“ sc an ni ng rece iv er,” U.S.S.G. § 2 B1 .1(b )(1 0) (A)(i ) & cmt. n .9(A) . The ag gr av at edid en ti ty the ft s ta tu te pu ni sh es th e “ tra ns fer[ ], po ss es s[ io n], or u se [], witho utlawf ul au th or ity , [of

] a
m ean s o f id en ti fic at io n o f an othe r.” 1 8 U.S.C. § 10 28 A(a)(1 ). Becaus e n ei th er a pi ece o f “ de vi ce-m ak in g e qu ip m en t” no r a “ sc an ni ng rece iv er” c on st itut e a m ean s of id en ti fic at io n, the di stric t co urt co ul d e nh an ce M art in ez’s s en te nc e fo r po ss es si ng a cred itcardsk imm in g d ev ic e. W e AFFIRMMart in ez’s s en te nc e.
2
**Exhibit 32.2**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906**

**OFTHE SARBANES-OXLEY ACT OF 2002**

In connection with the accompanying Quarterly Reportof Linn Energy, LLC (the “Company”) on Form 10-Q for the threemonths ended June 30, 2007, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Kolja Rockov, Executive VicePresident and Chief Financial Officer of the Company, certify, pursuant to18 U.S.C § 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

1.              The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2.              The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
| Date: August 14, 2007 |   | By:    | /s/ Kolja Rockov                                     |
|----------------------------|--------|--------|------------------------------------------------------|
|                       |   |   | Kolja Rockov                                         |
|                       |   |   | Executive Vice President and Chief Financial Officer |

 

----
Exhibit 32.2 

CERTIFICATION PURSUANTTO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TOSECTION 906 OF THESARBANES-OXLEY ACT OF 2002 

        Inconnection with the Annual Report of Theragenics Corporation®, (the“Company”) on Form 10-K for the fiscal year ended December 31, 2003 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, James A. MacLennan, Treasurer and Chief Financial Officer, certify pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that: 

                    (1)              The Report fully complies with the requirements of section 13(a) 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 operationsof the Company.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. CASE NO. 1:88-cr-01007-MP-AK

WILLIE BUD REED, JR,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Doc. 1305, Motion for Reconsideration/Motion to

Revisit regarding the November 10, 2009 Order on Motion for Reconsideration by Willie Bud

Reed, Jr. Doc. 1304. Mr. Reed disagrees with this Court’s interpretation of the Rule of Lenity,

and alleges errors in law with respect to that rule’s application. Having thoroughly considered

his arguments, this Court is not persuaded to alter any of its analysis or conclusions. 

Accordingly, this motion is DENIED. 

DONE AND ORDERED this 20th day of November, 2009

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge
#### § 3565.6 Inclusion of tax-exempt debt.

Tax-exempt financing can be used a source of capital for the guaranteed loan.

[64 FR 32371, June 16, 1999]
EXHIBIT 32

Certification of CEO and CFO 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
on Form 10-Q of BlackRock Kelso Capital Corporation (the Company) for the quarter ended June 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), James R. Maher, as Chief
Executive Officer of the Company, and Corinne Pankovcin, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) 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 consolidated financial condition and
consolidated results of operations of the Company.



|                      |  |                        
|--------------------- |  | -----------------------
|/s/ James R. Maher   
|Name:                 |  | James R. Maher         
|Title:                |  | Chief Executive Officer
|Date:                 |  | August 2, 2012         
|                     
|/s/ Corinne Pankovcin
|Name:                 |  | Corinne Pankovcin      
|Title:                |  | Chief Financial Officer
|Date:                 |  | August 2, 2012
§ 322.17 Mailed packages. ( a ) If you import a restricted organism through the mail or through commercial express delivery, you must attach a special mailing label (APHIS Form 599), which APHIS will provide with your permit, to the package or container. The mailing label indicates that APHIS has authorized the shipment.
( b ) You must address the package containing the restricted organism to the containment facility or apiary identified on the permit (post office boxes are not allowed).
( c ) If the restricted organism arrives in the mail without the mailing label described in paragraph (a) of this section or addressed to a containment facility or apiary other than the one listed on the permit, an inspector will refuse to allow the organism to enter the United States.
EXHIBIT 32.1



April 29, 2011

Securities and Exchange Commission

100 F Street, NE

Washington, DC 20549



Pursuant to 18 U.S.C. § 1350, the undersigned officer of Lazard Group LLC (the Registrant) hereby certifies that the
Registrants Quarterly Report on Form 10-Q for the quarter ended March 31, 2011 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the
information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



|                                                      
|------------------------------------------------------
|                                                      
|/s/    Kenneth M. Jacobs                              
|Kenneth M. Jacobs Chairman
and Chief Executive Officer



The
foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.
#### § 29.41 The Appropriations Act.

The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for 2002 (Pub. L. 107-76).

[67 FR 36080, May 23, 2002]
**EXHIBIT32.2**

 

**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 theQuarterly Report on Form 10-Q of 155 East Tropicana, LLC, a Nevadalimited-liability company and 155 East Tropicana Finance Corp., a Nevadacorporation (collectively, the “Company”) for the three months ended June 30,2008, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), Neil G. Kiefer, as President and Chief Executive Officer of theCompany, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 
| (1)    |   | The  Report fully complies with the requirements of Section 13(a) 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 Company. |

 

 
| /s/ Neil G. Kiefer                                             |   |
|----------------------------------------------------------------|--------|
|                                                           |   |
| Neil G. Kiefer,

Chief Executive Officer

August 14, 2008 |

 

 

The foregoing certificationsare being furnished solely pursuant to 18 U.S.C. § 1350 and are not being filedas part of the Report or as a separate disclosure document.

 

----
Exhibit 32.1

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 Smith Barney Bristol Energy Fund L.P. (the‘‘Partnership’’) on Form 10-Q for the period ending September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Jerry Pascucci, President and Director of Citigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

|    |                                                                                                                      
|--- | ---------------------------------------------------------------------------------------------------------------------
|(1) | The Report fully complies with the requirements of section 13(a) 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.

/s/ Jerry Pascucci
Jerry Pascucci
Citigroup Managed Futures LLC
President and Director

Date: November 14, 2007

---
#### § 301.89-11 Costs and charges.

The services of the inspector during normal business hours will be furnished without cost to persons requiring the services.

The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

vs. CASE NO.: 4:03cr69-SPM

MARCUS NEAL MANNING,

Defendant.

_____________________________/

NOTICE OF INTENT TO REDUCE SENTENCE

Review of the record in this case reveals that the defendant, Marcus Neal

Manning, may be entitled to a sentence reduction based on a guideline

amendment that lowers the guideline sentencing range for certain categories of

offenses involving crack cocaine. U.S.S.G. Amend. 750. Amendment 750 was

made retroactive, effective November 1, 2011.

Manning was sentenced in 2004 to a term of 151 months. Manning was

subject to a 10-year minimum mandatory sentence and his guideline range was

151 to 188 months, based on a total offense level of 34.

Manning’s sentence was reduced to 121 months on March 21, 2008

pursuant to Amendment 706, which reduced his total offense level to 32 and his

guideline range to 121 to 151 months.

Under the recent retroactive amendment, Manning’s guideline range is
Page 2 of 2

1201 to 121 months, based on a total offense level of 30.

As authorized under 18 U.S.C. § 3582(c)(2), the court intends to enter an

order reducing Manning’s sentence to 120 months. Should there be objections

to this proposed action by the court, those objections must be filed by November

30, 2011. Copies of any such objections shall be served on all other interested

parties, i.e., the defendant, retained defense counsel if any, the United States

Public Defender, the United States Attorney, and the Bureau of Prisons, as

appropriate.

The clerk shall send a copy of this notice to the defendant, retained

defense counsel if any, the United States Public Defender, the United States

Attorney, and the Bureau of Prisons.

SO ORDERED this 8th day of November, 2011.

s/ Stephan P. Mickle 

Stephan P. Mickle

Senior United States District Judge

1

 Due to the statutory mandatory minimum limitations, the guideline range

cannot be less than 10 years.

CASE NO.: 4:03cr69-SPM
II 

109TH CONGRESS 

2D SESSION S. 2227 

To amend the Harmonized Tariff Schedule of the United States to remove 

the 100 percent tariff imposed on roasted chicory and other roasted 

coffee substitutes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2006 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Harmonized Tariff Schedule of the United 

States to remove the 100 percent tariff imposed on roasted chicory and other roasted coffee substitutes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REMOVAL OF 100 PERCENT TARIFF ON ROAST4 ED CHICORY AND OTHER ROASTED COFFEE 

5 SUBSTITUTES. 

6 (a) IN GENERAL.—Subchapter III of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by striking heading 9903.02.37. 
2 

•S 2227 IS

1 (b) CONFORMING AMENDMENTS.—Chapter 21 of 

2 such Schedule is amended by striking footnote 1 to sub3 heading 2101.30.00. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section apply to goods entered, or withdrawn from 

6 warehouse for consumption, on or after the 15th day after 

7 the date of the enactment of this Act. 

Æ
**EXHIBIT 31.1**

**CERTIFICATIONS**

I, Michael S. Kady, certify that:

1.

I have reviewed this annual report on Form 10-K of Quipp, Inc.; and

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.

/s/  MICHAEL S. KADY
Michael S. Kady

Chief Executive Officer

Date:

May 23, 2007
##### 



Exhibit 31.2
 CERTIFICATION PURSUANT TO 17 CFR 240.13(a)-14(a)
(SECTION 302 CERTIFICATION)
  1.
    
    I have reviewed this quarterly report on Form 10-QSB of India Globalization Capital, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of India Globalization Capital, Inc., as of, and for, the periods
presented in this report;4.
    
    India Globalization Capital, Inc.s other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for India Globalization Capital, Inc., and have:
 a)
    
    Designed such disclosure controls and procedures or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
subsidiaries, is made known to us by others within those entities, particularly during
the period in which this report is being prepared;b)
    
    Evaluated the effectiveness of India Globalization Capital, Inc.s disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period
covered by this report based on such evaluation; andc)
    
    Disclosed in this report any changes in India Globalization Capital, Inc.s
internal control over financial reporting that occurred during India Globalization
Capital, Inc.s most recent fiscal year that has materially affected, or is reasonably
likely to materially affect, India Globalization Capital, Inc.s internal control over
financial reporting.
 5
    
    India Globalization Capital, Inc.s other certifying officers and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to India
Globalization Capital, Inc.s auditors and the audit committee of India Globalization Capital,
Inc.s board of directors (or persons performing the equivalent functions):
 a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect India Globalization Capital, Inc.s ability to record, process, summarize and
report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in India Globalization Capital, Inc.s internal controls
over financial reporting.
 Date:
    
    August 21, 2006
    
    
    
    /s/ John CherinJohn Cherin, Chief Financial Officer /Treasurer
§ 3565.153 Experience and capacity of borrower. At the time of application, the lender must certify that the borrower: ( a ) Has the ability and experience to construct or rehabilitate multifamily housing that meets the requirements established by the Agency, the lender and the loan agreement;
( b ) Has the legal and financial capacity to meet all of the obligations of the loan; and
( c ) Has the ability and experience to meet the property management requirements established by the Agency, the lender, and the loan agreement.
#### § 29.2411 Rule 20.

Tobacco damaged under 20 percent but which otherwise meets the specifications of a grade shall be treated as a subgrade by placing the special factor “U” after the grademark. Tobacco damaged 20 percent or more shall be designated “No-G.”
exv10w11w1



 





Exhibit 10.11.1




AMENDMENT TO EMPLOYMENT AGREEMENT




     THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made the 15th
day of November, 2003, by and between ENCORE MEDICAL CORPORATION, a Delaware
corporation, with its principal office located at 9800 Metric Boulevard,
Austin, Texas 78758 (the “Company”) and PAUL D. CHAPMAN, an individual residing
at 1006 Hanover Street, Chattanooga, TN 37405 (the “Employee”).



     WHEREAS, the Employee and the Company entered into an Employment Agreement
dated February 8, 2002 (the “Agreement”);



     WHEREAS, the Employee and the Company desire that there be certain changes
made with respect to the Agreement; and



     WHEREAS, the Employee and the Company want to memorialize in this
Amendment their agreements regarding such changes to the Agreement.



     NOW, THEREFORE, in consideration of the premises and other mutual promises
and covenants contained in this Amendment and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the
parties, intending legally to be bound, agree as follows:




	1.	 	The term of the Agreement is hereby extended to December 31,
2006.
	 
	2.	 	Except as specifically changed by this Amendment, all other
terms and provisions of the Agreement shall remain in full force and
effect.






IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by
its duly authorized officer and the Employee has hereto set his/her hand as
of the date and year first above written.



	 	 	 	 	 
	 	 	COMPANY:
	 
	 	 	 	 
	 	 	ENCORE MEDICAL CORPORATION
	 
	 	 	 	 
	

	 	By:
	 	/s/ Kenneth W. Davidson
	

	 	 	 	

	

	 	 	 	Kenneth W. Davidson, Chief Executive Officer
	 
	 	 	 	 
	 	 	EMPLOYEE:
	 
	 	 	 	 
	 	 	/s/ Paul D. Chapman
	 	 	

	 	 	PAUL D. CHAPMAN