alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30334 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FREDDIE WASHINGTON, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana

USDC No. 96-CR-10016-2

- - - - - - - - - - April 8, 1998 Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM: * Freddie Washington appeals from his sentencing pursuant to a guilty plea for food stamp fraud. He argues that the trial court’s imposition of the instant sentence as consecutive to a prior undischarged sentence is in opposition to Federal Sentencing Guideline § 5G1.3(b). A district court’s decision to order consecutive or concurrent sentences is reviewed for abuse of discretion, but its application of the sentencing guidelines is reviewed de novo
. United States v. Richardson , 87 F.3d 706, 710 (5th Cir. 1996).No. 97-30334 -2- We have reviewed the record, the parties briefs, and the district court’s opinion and find that the imposition of a consecutive sentence is in keeping with 18 U.S.C. § 3584(a)’s premise that multiple terms of imprisonment imposed at different times run consecutively, and the court took the factors listed in 18 U.S.C. § 3553(a) into consideration in constructing the sentence. See Richardson , 87 F.3d at 710. Moreover, the prior conviction was used in calculating the criminal history score, but was not used to determine the base offense level and was not fully taken in to account such that the exception of U.S.S.G. § 5G1.3(b) would apply. See United States v. Hornsby , 88 F.3d at 336, 339 (5th Cir. 1996). Therefore, the sentence as imposed is not a misapplication of the guidelines and there was no abuse of discretion under § 5G1.3(c).
AFFIRMED.
----

Exhibit 13.1 

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

In connection with the Annual Report of Polymet Mining Corp.  (the "Company") on Form 20-F for the period ended January 31, 2004  as filed with the Securities and Exchange Commission on the date hereof, I,  William Murray, President, Chairman and Chief Executive Officer of the Company,  certify pursuant to 18 U.S.C. ss.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 operations        of the Company. |

| Date: July 28, 2004 | /s/ William Murray      William Murray      President, and Chief Executive       Officer (Principal Executive Officer) |
|---------------------|------------------------------------------------------------------------------------------------------------------------|

----
No. 11-10191.

#### Escobedo-Balero *v.*United States.

C. A. 5th Cir. Certiorari denied.
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 1 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 2 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 3 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 4 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 5 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 6 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 7 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 8 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 9 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 10 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 11 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 12 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 13 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 14 of 15
Case 16-00511 Doc 136 Filed 08/16/18 Entered 08/16/18 14:53:34 Desc Main

 Document Page 15 of 15
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois  60604

Submitted February 11, 2009

Decided February 11, 2009

Before

       RICHARD A. POSNER, Circuit Judge

ANN CLAIRE WILLIAMS, Circuit Judge

        JOHN DANIEL TINDER, Circuit Judge

No. 08‐3391

UNITED STATES OF AMERICA,

Plaintiff‐Appellee,

v.

DAVID JACOBS,

Defendant‐Appellant.

Appeal from the United States District

Court for the Northern District of Illinois,

Eastern Division.

No. 07 CR 527 ‐ 1

Ronald A. Guzmán,

Judge.

O R D E R

In 2008 David Jacobs pleaded guilty to disposing of hazardous waste without a

permit and embezzling funds from an employee benefit plan.  See 18 U.S.C. § 664; 42

U.S.C. § 6928(d)(2)(A).  The district court sentenced him to concurrent terms of 46 months’

imprisonment.  Jacobs filed a notice of appeal, but his appointed counsel now moves to

withdraw on the ground that he cannot find a nonfrivolous basis for appeal.  See Anders v.

California, 386 U.S. 738 (1967).  Jacobs declined our invitation to comment on counsel’s

motion, see Cir. R. 51(b), and therefore our review is limited to the potential issue raised by

counsel in his supporting brief, see United States v. Schuh, 289 F.3d 968, 973‐74 (7th Cir. 2002).

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

Fed. R. App. P. 32.1
No. 08‐3391 Page 2

Counsel does not explore whether Jacobs could argue that his guilty plea was not

knowing and voluntary.  That omission is appropriate, however, given that Jacobs has not

indicated that he wishes to withdraw his plea.  See United States v. Knox, 287 F.3d 667, 670‐71

(7th Cir. 2002).

The sole issue that counsel considers is whether Jacobs could challenge the

reasonableness of his sentence.  But sentences within the correctly calculated guidelines

range are presumptively reasonable on appeal.  See Rita v. United States, 127 S.Ct. 2456,

2462‐65 (2007); United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir. 2005).  The only other

requirement for a district court looking to impose a sentence within the advisory guidelines

range is some meaningful consideration of the sentencing factors found in 18

U.S.C. § 3553(a).  See United States v. Laufle, 433 F.3d 981, 987 (7th Cir. 2006).  Here, as

counsel notes, the district court correctly calculated the guidelines range, considered

the § 3553(a) factors, and sentenced Jacobs at the middle of the advisory guidelines range of

41 to 51 months.  The court noted the seriousness of both of Jacobs’s offenses, observing,

moreover, that “this was not a one‐time occurrence.”  The court also emphasized the need to

deter corporate officers from misappropriating employee funds.  That is explanation

enough, and any argument to the contrary would be frivolous.

Counsel’s motion to withdraw is GRANTED, and the appeal is DISMISSED.
IB

House Calendar No. 232

103D CONGRESS

2D SESSION H. R. 4910

[Report No. 103–763]

To designate the United States courthouse under construction in White

Plains, New York, as the ‘‘Thurgood Marshall United States Courthouse’’.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 5, 1994

Mr. ENGEL (for himself, Mrs. LOWEY, Mr. GILMAN, and Mr. FISH) introduced the following bill; which was referred to the Committee on Public

Works and Transportation

SEPTEMBER 29, 1994

Referred to the House Calendar and ordered to be printed

A BILL

To designate the United States courthouse under construction in White Plains, New York, as the ‘‘Thurgood Marshall United States Courthouse’’.

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

3 SECTION 1. DESIGNATION.

4 The United States courthouse under construction at

5 300 Quarropas Street in White Plains, New York, shall
2

•HR 4910 RH

1 be known and designated as the ‘‘Thurgood Marshall

2 United States Courthouse’’.

3 SEC. 2. REFERENCES.

4 Any reference in a law, map, regulation, document,

5 paper, or other record of the United States to the United

6 States courthouse referred to in section 1 shall be deemed

7 to be a reference to the ‘‘Thurgood Marshall United States

8 Courthouse’’.

House Calendar No. 232

103D CONGRESS

2D SESSION H. R. 4910

[Report No. 103–763]

A BILL

To designate the United States courthouse under

‘‘Thurgood Marshall United States Courthouse’’.construction in White Plains, New York, as the

SEPTEMBER 29, 1994

Referred to the House Calendar and ordered to be

printed
Skip to main content (Press Enter).
 Toggle navigation
            
            College of Information and Cyberspace
                    National Defense University
                CIC
        Search
                    Search CIC:
                        Search
                Search CIC:
                    Search
    Home

    About 
        Mission & Vision

    Faculty & Staff

    Fact Sheet

    Alumni

    Internships

    FAQ

    Admissions 
        Eligibility Requirements

    Admissions Calendar

    Application Instructions

    Apply Online

    International Students

    Academics 
        Graduate Catalog

    M.S. in Strategic Information and Cyberspace Studies
        
        JPME Master's Degree

    Cyber Workforce Master's Degree (Part Time)

    Leadership Development Programs

    Graduate Certificates

    Academic Partners

    Current Students 
        JPME II  Incoming Students

    LDP Incoming Students

    Student Registration

    Bring Your Own Device

    IA Compliance

    Completion Procedures / Order Transcripts

    Student Services and Resources

    Events
    
        Cyber Beacon

    Cyber PME Colloquium

    Hopper Award

    Lecture Series

    CYBERCOM Symposium

    NEWS

    UC2
    
        About

    Events

    Work With Us

    Center for Cybersecurity
    
        About

    Cybersecurity Center POC

    Cybersecurity Supporting Faculty

    CAE-CDE CISO Certificate Program

    Cybersecurity Trending News

    Cyber Labs
        
        Ethical Hacking

    Critical Infrastructure - SCADA

    Cyber Exercises
        
        Tabletop Exercise

    Cyber Competitions

    Cyber Resources and Awareness

    Stakeholder / Industry Advisory Council

    Contact 
        Contact Us

    Directions

    Access to Ft. McNair

    Map of Ft. McNair  Download
 Details
 Share
 News
 We are redesignated as a National Center of Academic Excellence in Cybersecurity!
 We are, again, designated as a **National**Center of Academic Excellence in Cybersecurity (NCAE-C)by the National Security Agency (NSA)! During the first year of the NSA's center of academic excellence (CAE) program, two decades ago, we were designated a CAE. As of 4 May 2023, we have been designated a CAE in Cyber Defense (CAE-CD). Find out more at the Center for Cybersecurity tab above and here.
 SHARE
 PRINT
 Previous Story
 Next Story
 National Defense University


College of Information and Cyberspace

300 Fifth Ave., Bldg. 62
Fort Lesley J. McNair
Washington, DC 20319-5066

202-685-6300
                    Stay Connected
                DOD Privacy & Security
 DOD Links Disclaimer
 DOD Social Media Policy
 DOD Web Policy
 FOIA
 NDU System of Records Notice
 NDU Privacy & Security Notice
 No FEAR Act
 Open GOV
 Plain Writing Act
 Section 508
 Small Business Act
 USA.gov
            

Hosted by Defense Media Activity - WEB.mil
§ 54.1805 Household qualifications for Affordable Connectivity Program. ( a ) To qualify for the Affordable Connectivity Program, a household must constitute an eligible household under the definition in § 54.1800(j).
( b ) In addition to meeting the qualifications provided in paragraph (a) of this section, in order to qualify to receive an affordable connectivity benefit from a participating provider, neither the eligible household nor any member of the household may already be receiving another affordable connectivity benefit from that participating provider or any other participating provider.
No. 11-5914.

#### Riddick *v.*United States.

C. A. 3d Cir. Cer-tiorari denied.
```

[House Hearing, 107 Congress]
[From the U.S. Government Publishing Office]

 
       U.S. POLICY TOWARD SYRIA AND THE SYRIA ACCOUNTABILITY ACT
=======================================================================

                                HEARING

                               before the

             SUBCOMMITTEE ON THE MIDDLE EAST AND SOUTH ASIA

                                 of the

                  COMMITTEE ON INTERNATIONAL RELATIONS
                        HOUSE OF REPRESENTATIVES

                      ONE HUNDRED SEVENTH CONGRESS

                             SECOND SESSION

                                   ON

                               H.R. 4483

                               __________

                           SEPTEMBER 18, 2002

                               __________

                           Serial No. 107-119

                               __________

    Printed for the use of the Committee on International Relations

 Available via the World Wide Web: http://www.house.gov/international--
                               relations

                                  _______

                           U.S. GOVERNMENT PRINTING OFFICE
81-812                          WASHINGTON : 2002
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; (202) 512-1800  
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

```
**EXHIBIT 32.2**

 

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

 

     I,James G. Murphy, Chief Financial Officer of Immunicon Corporation (the “Company”),hereby certify, that:

 

(1)The Company’s quarterly report on Form 10-Q for the quarterly period endedSeptember 30, 2004 (the “Form 10-Q”) fully complies with the requirements ofSection 13(a) of the Securities Exchange Act of 1934, as amended; and

 

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

 

 

 

 
| JAMES  G.  MURPHY  |   |   |
|-------------------------|--------|--------|
| James G. Murphy         |   |   |
| Chief Financial Officer |   |   |
| November 12, 2004       |   |   |

 

----
Your session is about to expire.Resume session

                                                                                                                                                                                                                                                                                                                                                                                                                Welcome.Log inorregisterCOPS OFFICE RESOURCE CENTER

HomeCatalogCartOrders

                    

                                                                                                                                                                                                                                                                                                                                                                                                                CatalogMatches: 1Offline form Recent Popular Online Print OtherCOPS-W0172Racially Biased Policing: A Principled ResponseThis report, funded by COPS and produced by PERF, will assist agencies in meeting the challenge of eradicating racially biased policing. It provides the first step in assisting law enforcement professionals, in collaboration with the community to consider the issues and develop approaches for their communityBy Lorie Fridell, Robert Lunney, Drew Diamond, Bruce KubuCategories: Ethics and Integrity • Foundations of Community PolicingLanguage: EnglishPublic linkhttps://portal.cops.usdoj.gov/resourcecenter?item=cops-w0172Click here to see the entire catalog.Cart:Download PDFWeb • Sep 2005Search catalogreset title abstract authors contentContaining text: exact phraseNot containing text: exact phraseLanguage:anyEnglishSpanishHmongVietnameseCategory:anyAlternatives to IncarcerationCommunity PartnershipsData and AnalysisEthics and IntegrityFoundations of Community PolicingHiring, Recruitment, and RetentionHomeland SecurityNew Immigrant CommunitiesNonviolent CrimeOtherPolice OperationsPOP Center ResourceSchool and Campus SafetyTechnologyTribalViolent CrimeYouth SafetyPublished after:Published before:Page1

                    

FOIA | No FEAR Act | Open Government | Privacy | Legal|HelpCopyright (C) U.S. Department of Justice, COPS Office, IT Division, 2012 - 2024. All rights reserved.
Rendered on Mon Mar 4 2024 at 02:24 (UTC-5) in 0.20 secEnterprise Framework 3.21.7.7 • Store Controls 3.3.1.7Survey 500303407 Section 60000560 Rules Hints Inactive
<PAGE>   1




                                                                      Exhibit 23

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the inclusion of our
reports dated February 21, 1997, included in the Annual Report on Form 10-K/A 
for the year ended December 31, 1996 and, in the Company's previous filings as
listed:

                 Form S-1 Registration Statement No. 33-56642
                 Form S-3 Registration Statement No. 33-72348
                 Form S-8 Registration Statement No. 33-71806
                 Form S-8 Registration Statement No. 33-57014
                 Form S-8 Registration Statement No. 33-81356
                 Form S-8 Registration Statement No. 33-81358
                 Form S-8 Registration Statement No. 33-82562
                 Form S-8 Registration Statement No. 33-87114
                 Form S-4 Registration Statement No. 33-90268
                 Form S-3 Registration Statement No. 33-95084
                 Form S-8 Registration Statement No. 33-97246
                                      

                                                             ARTHUR ANDERSEN LLP

Nashville, Tennessee
March 31, 1997
# SAVE THE DATE: NDU Master's Degree Graduation will be Thursday, June 9, 2016

/ Published Dec. 9, 2015
Please stay tuned to the NDU website (www.ndu.edu) for information regarding 2016 graduation.  Details will be posted as they become available.The NDU Academic Calendar can be accessed at: https://calendar.ndu.edu/CalendarNOW.aspx .  Thank you.
Exhibit 10.7


AMENDMENT NO. 2 TO
AGREEMENT


THIS AMENDMENT NO.
2 TO AGREEMENT (the “Amendment”) is made this 4th day of August, 2006
(the “Effective Date”), by and between Linguagen Corp., a Delaware
corporation having a place of business at 2005 Eastpark Boulevard, Cranbury, NJ
(hereinafter “Company”), and Albert Einstein Healthcare Network, a
non-profit corporation having an address at 5501 Old York Road, Korman 100,
Philadelphia, PHA 19141 (hereinafter “AEHN”).


WHEREAS, the
Company and AEHN entered into an agreement dated September 30, 2005, as amended
by the amendment to the agreement dated June 1, 2006 (collectively, the “Agreement”),
which is set to expire on September 30, 2006; and


WHEREAS, the
Company and AEHN wish to extend the period of performance of the Agreement
until September 30, 2007; and


WHEREAS, pursuant
to Article IX of the Agreement, any Amendment to the Agreement must be in
writing and signed by all parties to the Agreement.


NOW, THEREFORE, in
consideration of the mutual covenants contained herein, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follow:


1.     Amendment to the Agreement.  As of the Effective Date, unless further
extended by mutual written agreement of the parties, the period of performance,
as set forth in Article II of the Agreement, is hereby extended and shall
expire on September 30, 2007.


2.     Counterparts.  This
Amendment may be signed in any number of counterparts with the same effect as if
the signatures thereto and hereto were upon the same instrument.


3.     Miscellaneous. 
Except as herein modified and amended, all terms and conditions of the
Agreement shall remain unchanged and in full force and effect.


[Signature Page Follows]











 


IN WITNESS WHEREOF, the undersigned, intending to be legally bound,
have duly executed this Amendment as of the Effective Date.


	
  Linguagen Corp.

  	
   

  	
   

  	
   

  	
  Albert Einstein Healthcare Network

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
  /s/ Scott Horvitz

  	
   

  	
  By:

  	
   

  	
  /s/ Mary Klein, Ph.D.

  
	
   

  	
   

  	
  Scott Horvitz

  	
   

  	
   

  	
   

  	
   

  	
  Name: 

  	
  Mary Klein, Ph.D.

  
	
   

  	
   

  	
  Chief Financial Officer

  	
   

  	
   

  	
   

  	
   

  	
  Title: 

  	
  Director, Office of Research and Technology Development
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 Celadon Group, Inc. (the "Company") on Form 10-K for the period ended June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Stephen Russell, Chairman of the Board and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:
 
 (1)
The Report fully complies with the requirements of Section 13(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.
 
 Date:  September 2, 2011
/s/ Stephen RussellStephen Russell

Chief Executive Officer




Back to Form 10-K