alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-6672

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

GREGORY FLETCHER,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Bryson City. Lacy H. Thornburg, 

District Judge. (2:04-cr-00093-LHT-DLH-4)

Submitted: June 30, 2010 Decided: July 19, 2010

Before NIEMEYER, DUNCAN, and DAVIS, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Gregory Fletcher, Appellant Pro Se. Amy Elizabeth Ray, Assistant 

United States Attorney, Jill Westmoreland Rose, OFFICE OF THE 

UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Gregory Fletcher appeals the district court’s order 

denying his 18 U.S.C. § 3582(c) (2006) motion for a sentence 

reduction. We vacate the district court’s order and remand.

At Fletcher’s original sentencing for possession with 

intent to distribute fifty grams or more of cocaine base, his 

advisory guidelines range was 121 to 151 months of imprisonment, 

and Fletcher was subject to a statutory mandatory minimum term 

of 120 months of imprisonment. See 21 U.S.C.A. § 841(b)(1)(A) 

(2006 & West Supp. 2009). The Government, however, moved for a 

downward departure below the statutory mandatory minimum based 

on substantial assistance pursuant to 18 U.S.C. § 3553(e) (2006) 

and U.S. Sentencing Guidelines Manual (“USSG”) § 5K1.1 (2009). 

Based on the Government’s motion, the district court sentenced 

Fletcher to 100 months of imprisonment. 

Fletcher thereafter filed a motion pursuant to 18 

U.S.C. § 3582(c)(2), seeking a sentence reduction based on 

Amendment 706 to the guidelines, which lowered the offense 

levels for drug offenses involving cocaine base. See USSG 

§ 2D1.1(c); USSG App. C Amends. 706, 711, 715. The district 

court correctly concluded that Fletcher’s amended guidelines 

range was 120 to 125 months of imprisonment. The court also 

concluded, however, that it did not have the authority to 

further reduce Fletcher’s sentence because of the statutory 
3

mandatory minimum of 120 months of imprisonment. In an appeal 

decided after the district court denied Fletcher’s motion, we 

concluded in a case with similar facts that a defendant 

originally sentenced below the statutory mandatory minimum on 

account of substantial assistance was not precluded from 

receiving discretionary relief pursuant to Amendment 706. See

United States v. Fennell, 592 F.3d 506 (4th Cir. 2010). 

Accordingly, in light of Fennell, we vacate the 

district court’s order and remand for further proceedings. 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.

VACATED AND REMANDED
§ 1213.108 Multimedia materials. ( a ) NASA's multimedia material, from all sources, will be made available to the information media, the public, and to all Agency Centers and contractor installations utilizing contemporary delivery methods and emerging digital technology.
( b ) Centers will provide the media, the public, and as necessary, NASA Headquarters with: ( 1 ) Selected prints and original or duplicate files of news-oriented imagery and other digital multimedia material generated within their respective areas.
( 2 ) Selected video material in the highest quality format practical, which, in the opinion of the installations, would be appropriate for use as news feed material or features in pre-produced programs and other presentations.
( 3 ) Audio and/or video files of significant news developments and other events of historic or public interest.
( 4 ) Interactive multimedia features that can be incorporated into the Agency's Internet portal for use by internal and external audiences, including the media and the general public.
( 5 ) To the extent practicable, these products will be in forms and media accessible to the public at large, as well as to specific user groups requesting them, if any.
H. R. 3768

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To expand the Timucuan Ecological and Historic Preserve, Florida.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Timucuan Ecological and Historic

Preserve Boundary Revision Act of 2004’’.

SEC. 2. REVISION OF BOUNDARY OF TIMUCUAN ECOLOGICAL AND HISTORIC PRESERVE, FLORIDA.

Section 201(a) of Public Law 100–249 (16 U.S.C. 698n) is

amended—

(1) by striking ‘‘(a) ESTABLISHMENT.—There is hereby’’ and

inserting the following:

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—There is’’; and

(2) by adding at the end the following:

‘‘(2) MODIFICATION OF BOUNDARY.—

‘‘(A) IN GENERAL.—In addition to the land described

in paragraph (1), the Preserve shall include approximately

8.5 acres of land located in Nassau County, Florida, as

generally depicted on the map entitled ‘Timucuan

Ecological and Historic Preserve American Beach Adjustment’, numbered 006/80012 and dated June 2003.

‘‘(B) DUTIES OF SECRETARY.—The Secretary of the

Interior shall—

‘‘(i) revise the boundaries of the Preserve so as

to encompass the land described in subparagraph (A);

and
H. R. 3768—2

‘‘(ii) maintain the map described in subparagraph

(A) on file and available for public inspection in the

appropriate offices of the National Park Service.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 351 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 351

  To amend title 18, United States Code, to provide a maximum term of 
             supervised release of life for sex offenders.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2003

Mr. Cunningham introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title 18, United States Code, to provide a maximum term of 
             supervised release of life for sex offenders.

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

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Lifetime Consequences for Sex 
Offenders Act of 2003''.

SEC. 2. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

     Section 3583 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(k) Supervised Release Terms for Sex Offenders.--Notwithstanding 
subsection (b), the authorized term of supervised release for any 
offense under chapter 109a, 110, 117, or section 1591 is any term of 
years or life.''.
                                 <all>
```
EXHIBIT 31

                       CERTIFICATION PURSUANT TO SECTION
                         302 OF THE SARBANES OXLEY ACT


I, Blair Zykan, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of TDI Holding Corp.;

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

<PAGE>

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The registrant's other certifying officers and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  February 17, 2004


/s/ Blair Zykan
-----------------------
Blair Zykan,
President & CFO
<PAGE>

                                                                   EXHIBIT 10.15

             Directors, Key Consultant, and Named Executive Officers
                              who are Parties to a
                       Nonstatutory Stock Option Agreement

<TABLE>
<CAPTION>
                                Number of Shares of Mariner Energy, LLC,
                                        Common Stock Subject to
Name                                    Stock Option Agreement
----                                    -----------------------
<S>                             <C>
Scott D. Josey                                      0
Michael A. Wichterich                               0
David S. Huber                                162,576
Cory L. Loegering                                   0
Dalton A. Polasek                                   0
Judd Hansen                                         0
Mike van den Bold                                   0

 Totals                                            00
                                              =======
</TABLE>
Exhibit 99.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Certification of Periodic Report
Pursuant to 18 U.S.C. Section 1350

For
purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, Timothy J. Schugel, the Chief Financial
Officer and Executive Vice President of Department 56, Inc. (the "Company"), hereby certifies that, to his knowledge:



|Date:    March 17, 2003 | /s/TIMOTHY J. SCHUGELTimothy J. Schugel Chief Financial
Officer and Executive Vice President
|----------------------- | --------------------------------------------------------------------------------------------

---

QuickLinks
<PAGE>

                                                                    Exhibit  4.1

             ------------------------------------------------------
               INCORPORATED UNDER THE LAWS OF THE STATE OF NEVADA
             ------------------------------------------------------

------                                                           --------------
  No.                                                                 Shares
------                                                           --------------
                               The State of Nevada

[LOGO]
                             Prelude Ventures, Inc.
        Forty Five Million Common Shares Authorized, $0.001 Par Value

This Certifies That SPECIMEN is the owner of ______________________ Common
Shares $0.001 par value each of the Capital Stock of

                             Prelude Ventures, Inc.

transferable only on the books of the Corporation by the holder hereof in person
or by Attorney upon surrender of this Certificate properly endorsed.

In Witness Whereof, the said corporation has caused this Certificate to be
signed by its duly authorized officers, and to be sealed with the Seal of the
Corporation this ______ day of _____________ At

[SEAL]


-------------------------                               -----------------------
       President                                               Secretary

                               ------------------
                               SHARES $0.001 EACH
                               ------------------

                                   CERTIFICATE
                                       FOR

                                     SHARES

                               [SEAL APPEARS HERE]

                                     OF THE

                                  CAPITAL STOCK


                             PRELUDE VENTURES, INC.

                                    ISSUED TO


                                      DATED

         For Value Received ______ hereby sell, assign and transfer unto

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

--------------------------------------------------------------------------------
Shares of the Capital Stock represented by the written Certificate and do hereby
irrevocably constitute and appoint __________________________________________ to
transfer the said Stock on the books of the within named corporation with full
power of substitution in the premises.

Dated _________________________

In presence of _______________________

NOTICE. THE SIGNATURE OF THIS ASSIGNMENT MUST CORESPOND WITH THE NAME AS WRITTEN
ON THE FACE OF THE CERTIFICATE, IN EVERY PARTICULAR WITHOUT ALTERATION AND
ENLARGEMENTS OR ANY CHANGE WHATEVER
IN THE SUPREME COURT OF THE STATE OF DELAWARE

JERMAINE CARTER

,

Defendant Below,

Appellant,

v.

STATE OF DELAWARE

,

Plaintiff Below,

Appellee. §

§

§ No. 240 , 202 1

§

§ Court Below

- Superior Court

§ of the State of Delaware

§

§ Cr. ID No. 0810013184 (N)

§

§

§

O R D E R

This 16 th day of November 202 1

, it appears to the Court that on October 5,

2021, the Court entered an order denying the appellant’s motion to proceed in forma

pauperis . The Court ordered the appellant to pay the required filing fee by October

19 , 2021, or this appeal would be dismissed without further notice. The appellant

failed to pay the filing fee as ordered; therefore, dismissal of this action is deemed

to be unopposed.

N OW, THEREFORE, IT IS OR DERED, under Supreme Court Rule s 3(b) (2)

and 29(b) , that the appeal is DISMISSED.

BY THE COURT:

/s/ Tamika R. Montgomery

- Reeves

Justice
UNITED STATES DEPARTMENT OF THE INTERIOR

BULLETIN 1039 PLATE 11

GEOLOGICAL SURVEY

TW
/

a.

i

\

SS

“sw te

Base map from Geological Survey
quadrangles, Healy B4 and BS

Seale 1:48 000

se

Contour interval 100 feet
Datum is mean sea level

A A’
3500! ET)
Da 2S Qet!
3000!
Qal
2500!
2000!

GEOLOGIC MAP AND SECTION
OF LIMESTONE DEPOSIT 3

2000 0 2000 Feet

Contour interval 100 feet

GEOLOGIC MAP AND SECTION
OF LIMESTONE DEPOSIT 2 200 0 200 400 600 800
2000 0 2000 Feet —

1000 Feet

Contour interval 20 feet
Contour interval 100 feet

GEOLOGIC MAPS AND SECTIONS OF THE WINDY CREEK AREA, ALASKA

Geology

by E. H. Cobb, 1947; R. M. Moxham,

1950-51; W. S. West, A. E. Nelson, 1950; and
R. A. Eckhart, 1951

Outcrops shown by darker color

TRUE NORTH

APPROXIMATE MEAN
DECLINATION 1959

LOCATIONS OF SURFACE
SAMPLES AT LIMESTONE
DEPOSIT 1

EXPLANATION

SEDIMENTARY AND BEDDED
VOLCANIC ROCKS

Qal

Alluvium

ay

Travertine

Qat

Glacial and glaciofluvial deposits, alluvial
fans, colluvium, terrace deposits, and

Cantwell formation
Conglomerate, argillite, and graywacke

Argillite, slate, and graywacke

Greenstone

Argillite, slate, limestone, conglomer-
ate, chert, greenstone, and schist, Fa;
thicker limestone beds, Fal

=

TRIASSIC TRIASSIC(?) JURASSIC(?) CRETACEOUS

UNCONFORMITY(?)

or Qu

Limestone, graywacke, and shale, Dl;
thicker limestone beds, DI

Argillite, limestone, conglomerate,
graywacke, and greenstone, Da; thick-
er limestone beds, Dal

Shale and argillite

Beds inferred to be overturned
g IGNEOUS ROCKS
:
E =
§
3
ef Et
ee Quartz diorite _Diorite and gabbro.
s
Contact
Dashed where approximately located
eee
Fault

Dashed where approximately located;
dotted where concealed ; queried where
doubtful. U, upthrown side; D, down-
thrown side

ee

D
Fault zone
U, upthrown side; 0, downthrown side

12
Strike and dip of beds
m4
Strike and dip of overturned beds

90
Strike of vertical beds
we
Generalized strike of crenulated beds
a5?
Strike and dip of foliation

Bearing and plunge of lineation
a2
Strike and dip of joints

x
Manganese prospect
x?
Fossiliferous locality
Number referred to in text
55
ore
Locality of sample
Number referred to in text

r

7
Drill hole
Showing number of hole and angle of
‘inclination below the horizontal. Data
from U.S. Bureau of Mines

QUATERNARY

CRETACEOUS OR PRE-DEVONIAN DEVONIAN DEVONIAN(?)
TERTIARY
Editorial Note on Subpart I of Part 121
Editorial Note: Nomenclature changes to subpart I of part 121 appear at 60 FR 65928, Dec. 20, 1995.

§ 121.183 Part 25 airplanes with four or more engines: Reciprocating engine powered: En route limitations: Two engines inoperative. ( a ) No person may operate an airplane certificated under part 25 and having four or more engines unless— ( 1 ) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of § 121.187; or
( 2 ) It is operated at a weight allowing the airplane, with the two critical engines inoperative, to climb at 0.013 Vso2 feet per minute (that is, the number of feet per minute is obtained by multiplying the number of knots squared by 0.013) at an altitude of 1,000 feet above the highest ground or obstruction within 10 miles on each side of the intended track, or at an altitude of 5,000 feet, whichever is higher.
( b ) For the purposes of paragraph (a)(2) of this section, it is assumed that— ( 1 ) The two engines fail at the point that is most critical with respect to the takeoff weight:
( 2 ) Consumption of fuel and oil is normal with all engines operating up to the point where the two engines fail and with two engines operating beyond that point;
( 3 ) Where the engines are assumed to fail at an altitude above the prescribed minimum altitude, compliance with the prescribed rate of climb at the prescribed minimum altitude need not be shown during the descent from the cruising altitude to the prescribed minimum altitude, if those requirements can be met once the prescribed minimum altitude is reached, and assuming descent to be along a net flight path and the rate of descent to be 0.013 Vso2 greater than the rate in the approved performance data; and
( 4 ) If fuel jettisoning is provided, the airplane's weight at the point where the two engines fail is considered to be not less than that which would include enough fuel to proceed to an airport meeting the requirements of § 121.187 and to arrive at an altitude of at least 1,000 feet directly over that airport.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]
See T EX . R. A PP . P

. 52. 8( d) ( “ W hen deny i ng r el i ef , t he cour t m ay han d do w n an opi ni on b ut 1 i s n o t r e q u i re d to d o s o .”) ; T EX . R. A PP . P . 4 7 .4 (d i s ti n g u i s h i n g o p i n i o n s a n d m e m o ra n d u m o p i n i o n s ). 

### NUMBER 13-0 9-00 483- CR 

## CO UR T O F APP EAL S THI RTEENT H DI ST RI CT OF TE XAS CORPUS CHRI ST I - E DI NBURG IN RE JO E CORONADO On P et i ti on fo r W ri t o f M an da m us . MEM ORA ND UM OPIN ION Be fo re C hi ef

Ju sti ce V al de z a nd Ju sti ce s Y añ eza nd B en av i de s Mem ora ndum Opi nio n P er Cu ria m 1 Rel ator , Joe Coronado, file d a peti ti on for w ri t of mandamus i n the abov e c ause on Aug ust21, 2009, throug h w hic h he c omplai ns that the t ri al cour t er re d i n fail ing to ru le on, and g ra nt, hismoti on for a nuncpro tunc jud g ment re flect ing the ti me credi t t o w hic h rela tor isal leg edl y

enti tl ed. The Co u rtr e quest ed a re spons e from t he real par ty i n i nterest , t he S t a t e o f T e xa s , a ct in g b y a n d t h ro u gh t h e Cr im in a l D is t ri ctAtt o rn e y o f Nu e c e s Co u n ty, T exas. The real par

ty i n interesthas nowf il ed an unoppos ed motion to dis mis s thi s p eti ti on2

fo r wr ito f m a n d a m u s . Ac c o rd in g t o t h e m o t io n , t h e m a tt e rs in t h is o ri gi n a l p ro c e e d in g h a ve been resol v ed and the p eti ti on hasbeen re ndered moot. The Co urt, hav ing examined and fully consi dered the petiti on for w ri t of mandamus and t he unop posed moti on to di smi ss , i s o f the opini on that the parti es are entitl ed to the re li ef s oug ht. Acc ordin g ly , the moti on to dis mis s is GRAN TED, and t he pet it ion for w ri t of mandamus isD ISM ISSE D AS M OOT w it hout re ferenc e to the mer it s t hereof. PERC UR IAM Do not p ubl is h. SeeT EX . R. A PP . P. 47. 2(b). Me moran dum Opi nio n del ivered and filed thi s 2 8th d ay

of Aug ust , 200 9.