alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-60631

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Tomango Ali Barton, Jr.,

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Mississippi

USDC No. 1:19-CR-7-3

______________________________

Before Jones, Graves, and Wilson, Circuit Judges. 

Per Curiam:*

Tomango Ali Barton, Jr., appeals the within-guidelines sentence 

imposed after the revocation of his supervised release. Barton contends that 

the district court imposed a substantively unreasonable sentence that was 

greater than necessary to comply with the sentencing goals in 18 U.S.C. 

§ 3553(a). He challenges the district court’s balancing of the sentencing 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

August 14, 2024

Lyle W. Cayce

Clerk

Case: 23-60631 Document: 63-1 Page: 1 Date Filed: 08/14/2024
No. 23-60631

2

factors, arguing that the court gave too much weight to his offense level and 

not enough weight to his personal circumstances.

A preserved challenge to a sentence imposed upon revocation of 

supervised release generally is reviewed under a “plainly unreasonable” 

standard. United States v. Warren, 720 F.3d 321, 326 (5th Cir. 2013). The 

plainly unreasonable standard is a two-step process. Id. First, we consider 

whether the district court committed any significant procedural error. Id. If 

there is no procedural error, we consider the substantive reasonableness of 

the sentence under an abuse of discretion standard. Id. at 326, 332. A 

sentence is substantively unreasonable if it “(1) does not account for a factor 

that should have received significant weight, (2) gives significant weight to 

an irrelevant or improper factor, or (3) represents a clear error of judgment 

in balancing the sentencing factors.” Id. at 332 (internal quotation marks and 

citation omitted). Even if we conclude that the revocation sentence is 

unreasonable, we may vacate only if “the error was obvious under existing 

law.” Id. at 326 (internal quotation marks and citation omitted).

The record reflects that the district court properly considered the 

§ 3553(a) factors, as well as Barton’s reasons for not attending the drug 

treatment appointments and remaining unemployed. The court noted

Barton’s admission that he continued to smoke marijuana despite knowing 

that it was a violation of his release and that he would be tested. The court 

also noted that this was Barton’s second revocation and that he had four 

substance abuse violations in less than a year. Barton’s argument reflects his

disagreement with the propriety of his sentence and the district court’s 

weighing of the sentencing factors, and he has not shown that his revocation 

sentence is plainly unreasonable. See id. at 332.

The judgment of the district court is AFFIRMED.

Case: 23-60631 Document: 63-1 Page: 2 Date Filed: 08/14/2024
null

2007-10-04

170.6787

eng - Argued: 2007-10-04. Docket number: 2006-1574Pt2
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##### GIS of Selected Geophysical and Core Data in the Northern Gulf of    Mexico  Continental Slope Collected by the U.S. Geological Survey

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AccessibilityFOIAPrivacyPolicies and Notices

U.S. Department of the Interior |		U.S. Geological Survey		URL: woodshole.er.usgs.gov/pubs/of2005-1071/htmldocs/figure9.htm		Page Contact Information: WHSC Webmaster		This page last modified on Tuesday, 25-Aug-2009 14:54:10 EDT
#### § 32.5002 Optional extended area revenue.

This account shall include total revenue derived from the provision of optional extended area service.
§ 0.469 Advance payments. ( a ) The Commission may not require advance payment of estimated FOIA fees except as provided in paragraph (b) or where the Commission estimates or determines that allowable charges that a requester may be required to pay are likely to exceed $250.00 and the requester has no history of payment. Where allowable charges are likely to exceed $250.00 and the requester has a history of prompt payment of FOIA fees the Commission may notify the requester of the estimated cost and obtain satisfactory assurance of full payment. Notification that fees may exceed $250.00 is not, however, a prerequisite for collecting fees above that amount.
( b ) Where a requester has previously failed to pay a fee charged in a timely fashion (*i.e.*, within 30 days of the date of the billing), the Commission may require the requester to pay the full amount owed plus any applicable interest as provided in § 0.468, and to make an advance payment of the full amount of the estimated fee before the Commission begins to process a new request or a pending request from that requester.
( c ) When the Commission acts under paragraph (a) of this section, the administrative time limits prescribed in §§ 0.461(g) and (k) (*i.e.*, twenty business days from receipt of initial requests and twenty business days from receipt of appeals from initial denials, plus permissible extensions of these time limits (see § 0.461(g)(1)(i) through (iii) and § 0.461(k)(1)(i) through (iii)) will begin only after the agency has received the fee payments described in this section. See § 0.461(e)(2)(ii) and § 0.467(e)(2).
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2000             MAR-31-1999
<PERIOD-START>                             APR-01-1999             APR-01-1998
<PERIOD-END>                               SEP-30-1999             SEP-30-1998
<CASH>                                          21,695                   1,812
<SECURITIES>                                         0                       0
<RECEIVABLES>                                    6,145                   6,337
<ALLOWANCES>                                       127                     127
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                29,921                   9,698
<PP&E>                                           5,093                   3,245
<DEPRECIATION>                                   1,329                     915
<TOTAL-ASSETS>                                  33,713                  12,056
<CURRENT-LIABILITIES>                            4,202                   5,332
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       6
<COMMON>                                            15                       3
<OTHER-SE>                                      29,001                   6,715
<TOTAL-LIABILITY-AND-EQUITY>                    33,713                  12,056
<SALES>                                          7,076                   5,126
<TOTAL-REVENUES>                                11,539                   7,504
<CGS>                                              241                     162
<TOTAL-COSTS>                                    3,079                   1,302
<OTHER-EXPENSES>                                 8,946                   4,314
<LOSS-PROVISION>                                     0                      66
<INTEREST-EXPENSE>                               (336)                    (87)
<INCOME-PRETAX>                                  (150)                   1,909
<INCOME-TAX>                                      (57)                     741
<INCOME-CONTINUING>                               (93)                   1,168
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                      (93)                   1,168
<EPS-BASIC>                                     (0.01)                    0.52
<EPS-DILUTED>                                   (0.01)                    0.08


</TABLE>
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 Annual Report of Republic Bancshares, Inc. (the Company) on Form 10-K for the year ended December 31,
2003 as filed with the Securities and Exchange Commission on the date hereof (the Form 10-K), I, William R. Klich, Chief Executive Officer of the Company, hereby certify pursuant to 18 U.S.C. §1350 as adopted pursuant to Section
§906 of the Sarbanes-Oxley Act of 2002, that:



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



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



Dated: March 8, 2004



|                       
|-----------------------
|/s/ William R. Klich   
|William R. Klich       
|Chief Executive Officer
### DJI INSPIRE 1 PRE

- FLIGHT CHECKLIST

AIRCRAFT

Aircraft (AC) and Remote Controller (RC) batteries fully charged

Tablet fully charged

Turn all devices to airplane mode

Ensure SD card has free space and is inserted into the camera

Ensure Firmware is updated on AC and RC(s)

Check if flight location is in No

- Fly Zone

Check for NOTAMs and Temporary Flight Restrictions

Check weather

Check flying area free of overhead obstructions

Antennas that may interfere with compass and GPS reception

Confirm flight plan with spotter

Check propellers for any melting, misshapen, or cracks

Motors clear of Foreign Object Debris

Prop locks firmly

Switch to P

- GPS mode

Ensure enough Satellites are locked

Check battery level of RC for minimum 75%

Maximum Flight altitude set

– Never over 400ft

RC Signal Lost set to Return

- to

- Home

Failsafe Mode, Set 20ft Clearance above lowest obstacle in flight plan

Ensure blue dot representing RC is accurately located on map

Ensure home point is accurately set on map

Face AC into the wind

Comprehensive maintenance after 200 flights or 50 flight hoursCAMERA

Scene Profile to D

- LOG

Set ISO

Set White Balance

Video Format 4K 3840x2160p 30

Shutter Speed set to either 1/60

th or 1/120

( Increased shutter speed will make video jumpier)
I

103D CONGRESS

1ST SESSION H. R. 445

For the relief of Jorge Luis Dos Santos, Suzete de S. Tenorio, Luis Antonio

Cardoso Tenorio, and Jullye Tenorio.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. LAROCCO introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

For the relief of Jorge Luis Dos Santos, Suzete de S.

Tenorio, Luis Antonio Cardoso Tenorio, and Jullye Tenorio.

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

3 SECTION 1. PERMANENT RESIDENCE STATUS FOR JORGE

4 LUIS DOS SANTOS, SUZETE DE S. TENORIO,

5 LUIS ANTONIO CARDOSO TENORIO, AND

6 JULLYE TENORIO.

7 (a) IN GENERAL.—Subject to subsection (b), for pur8 poses of the Immigration and Nationality Act, Jorge Luis

9 Dos Santos, Suzete de S. Tenorio, Luis Antonio Cardoso

10 Tenorio, and Jullye Tenorio shall be considered to have
2

•HR 445 IH

1 been lawfully admitted to the United States for permanent

2 residence as of the date of the enactment of this Act, upon

3 payment of the required visa fees.

4 (b) DEADLINE FOR APPLICATION.—Subsection (a)

5 shall apply only if an individual under such subsection ap6 plies to the Attorney General for permanent residence sta7 tus pursuant to such subsection within 2 years after the

8 date of the enactment of this Act.

Æ
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#### UNITED STATES of America, Plaintiff—Appellee, v. Patrick Lynn ANTRIM, aka Pat Lynn, Defendant—Appellant.

No. 03-50232.

D.C. No. CR-00-00024-GLT-01.

United States Court of Appeals, Ninth Circuit.

Submitted March 1, 2004.*

Decided March 16, 2004.

*264Ronald L. Cheng, Andrea L. Russi, USLA-Office of the U.S. Attorney, Los Angeles, CA, Kenneth B. Julian, USSA-Office of the U.S. Attorney, Santa Ana, CA, for Plaintiff-Appellee.

Robinson D. Harley, Santa Ana, CA, for Defendant-Appellant.

Before SKOPIL, NOONAN, and BERZON, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Defendant Patrick Antrim appeals the sentence imposed by the district court as a violation of the ex post facto clause of the Constitution. Because Antrim relies on a judicial action, our decision in *United States v. Hayden,*255 F.3d 768 (9th Cir. 2001), as the basis for his claim, his claim falls under the due process clause rather than the ex post facto clause. *See United States v. Ruiz,*935 F.2d 1033, 1035 (9th Cir.1991).

In *Hayden,*we held for the first time that a conviction that had been set aside pursuant to California Penal Code § 1203.4 did not qualify as “expunged” for purposes of the United States Sentencing Guidelines. 255 F.3d at 774-75. As An-trim did not plead guilty until November of 2002, more than a year after we decided *Hayden*in June of 2001, he had ample notice that he could be assigned a criminal history point for a 1995 California petty theft conviction that had been set aside in 1998 pursuant to California Penal Code § 1203.4. Accordingly, the assignment of a criminal history point to Antrim for his 1995 petty theft conviction did not violate his due process rights.

Antrim also argues that the government should be judicially estopped from assigning him a criminal history point for his 1995 conviction in the present case because the government did not seek to apply the criminal history point against Antrim when he was sentenced in a different case in the United States District Court for the Southern District of Iowa in 1999. Because Antrim did not present the judicial estoppel argument to the district court, he cannot raise the issue for the first time on appeal. *See United States v. Pimentel-Flores,*339 F.3d 959, 967 (9th Cir.2003). Moreover, Antrim’s judicial estoppel argument is substantively without merit because the government was not trying to “gain[ ] an advantage by taking one position” in Antrim’s 1999 Iowa sentencing and then gain “a second advantage by taking an incompatible position” in Antrim’s current sentencing. *Rissetto v. Plumbers & Steamfitters Local 343,*94 F.3d 597, 600 (9th Cir.1996).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title: Motorvehicle use map, Comanche National Grassland, Colorado**
 
Front | Back
 
SuDoc Number:A 13.28:C 73/2
Item Number:0080-G (online)
CGP systemNumber: 000781176
 
July 2, 2018
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO EXCHANGE ACT RULE 13a-14(b) AND 18 U.S.C. SECTION 1350

In
connection with the Annual Report on Form 10-KSB/A of American Wagering, Inc. (the "Company") for the year ended January 31, 2007, as filed with the Securities and
Exchange Commission (the "Report"), each of us certifies as of the date hereof, solely for the purposes of Title 18, Chapter 63, Section 1350 of the United States Code, to our respective
knowledge, that:

(1)   the
Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for
the periods indicated.

A
signed original of this written statement, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic versions of this
written statement, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

This
Certification has not been, and shall not be deemed, "filed" with the Securities and Exchange Commission.

| |  | By:    | /s/VICTOR SALERNO                    
| |  | ------ | -------------------------------------
| |  | Name:  | Victor Salerno                       
| |  | Title: | President and Chief Executive Officer
| |  | By:    | /s/MELODY SULLIVAN                   
| |  | Name:  | Melody Sullivan                      
| |  | Title: | Chief Financial Officer and Treasurer

---



QuickLinks
**EXHIBIT 32.01**

** **

**SECTION 1350CERTIFICATION**

** **

**In connection with this annualreport of ML Trend-Following Futures Fund L.P. (the “Company”) on Form 10-Kfor the year ended December 31, 2008 as filed with the Securities andExchange Commission on the date hereof (this “Report”), I, Paul Morton, ChiefExecutive Officer, President and general partner of Merrill Lynch AlternativeInvestments LLC, the general partner of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant of the Sarbanes-Oxley Act of2002, that:**

** **

1. This Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 
| Date: March 31, 2009                       |            |
|-------------------------------------------------|-----------------|
|                                            |            |
| By                                              | /s/ PAUL MORTON |   |
| Paul Morton                                     |            |
| Chief Executive  Officer, President and Manager |            |
| **(Principal Executive Officer)**               | ** **      |
|                                                 |                 |  |

** **

**1**

----
No. 11-8292.

#### McGee *v.*Department of the Air Force.

C. A. Fed. Cir. Certiorari denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Fiscal Year
Ended January 31, 1999 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1999
<PERIOD-START>                             JAN-31-1998
<PERIOD-END>                               JAN-31-1999
<CASH>                                          32,109
<SECURITIES>                                         0
<RECEIVABLES>                                   70,401
<ALLOWANCES>                                    16,830
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          13,820
<DEPRECIATION>                                   5,262
<TOTAL-ASSETS>                                 127,292
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,500
<OTHER-SE>                                      98,276
<TOTAL-LIABILITY-AND-EQUITY>                   127,292
<SALES>                                              0
<TOTAL-REVENUES>                                16,279
<CGS>                                                0
<TOTAL-COSTS>                                   11,078
<OTHER-EXPENSES>                                14,523
<LOSS-PROVISION>                                 2,961
<INTEREST-EXPENSE>                               3,726
<INCOME-PRETAX>                               (16,009)
<INCOME-TAX>                                        56
<INCOME-CONTINUING>                           (16,065)
<DISCONTINUED>                                   (450)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (15,615)
<EPS-BASIC>                                    (.55)
<EPS-DILUTED>                                    (.55)


</TABLE>