alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 21-2299

___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee

v. Ralph A. Ross, also known as R.A. lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Eastern District of Arkansas - Central

____________ Submitted: March 22, 2022 Filed: April 5, 2022 [Unpublished]

____________ Before KELLY, STRAS, and KOBES, Circuit Judges.

____________ PER CURIAM. Ralph Ross appeals the above-Guidelines sentence the district court imposed after he pleaded guilty to misprision of a felony. Ross argues that the district court erroneously relied on disputed allegations in the presentence report (PSR) in imposing his sentence. We agree.The district court stated that the allegations were “difficult to get over” prior

to imposing Ross’s sentence, and found the sentence reasonable based on Ross’s “alleged history.” The court did not provide a basis for overruling Ross’s objection to the allegations, however, and stated that it did not know whether the disputed allegations were true before relying on them. See Fed. R. Crim. P. 32(i)(3)(B) (at sentencing, court must--for any disputed portion of PSR or other controverted matter--rule on dispute or determine that ruling is unnecessary either because matter will not affect sentencing, or because court will not consider matter in sentencing); United States v. Richey, 758 F.3d 999, 1002-03 (8th Cir. 2014) (when defendant disputes facts in PSR, government must present evidence at sentencing to prove disputed facts; district court commits procedural error by basing sentence on unproven, disputed allegations rather than facts); United States v. Camacho, 348 F.3d 696, 700 (8th Cir. 2003) (courts have obligation to make factual finding on disputed allegations in PSR; PSR is not evidence and not legally sufficient basis for making findings on contested issues of fact). Accordingly, we vacate Ross’s sentence and remand for resentencing. Because the government had sufficient notice of Ross’s objections to the factual allegations, we direct that resentencing be conducted on the existing record. See United States v. Thomas, 630 F.3d 1055, 1057 (8th Cir. 2011) (per curiam) (because government understood its burden of proof at sentencing hearing, it had a full and fair opportunity to present its evidence and was thus limited to one bite at the apple).

______________________________

-2-
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DANIEL JOSE AGOSTO,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-2132

[October 17, 2019]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Laura Johnson, Judge; L.T. Case No. 502017CF011484A.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant 

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Anesha Worthy, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

DAMOORGIAN, CIKLIN and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
No. 10-1546.

#### Carder et al., on Behalf of Themselves and All Others Similarly Situated *v.*Continental Airlines, Inc.

C. A. 5th Cir. Motion of John Marshall Law School Veterans Legal Support Center *&*Clinic et al. for leave to file a brief as *amici curiae*granted. Certiorari denied.
EX-31

                RULE 13a-14(a)/15d-14(a) CERTIFICATION

                RULE 13a-14(a)/15d-14(a) CERTIFICATION

I, Gary Borglund, certify that:

1.  I have reviewed this quarterly report on Form 10-QSB of Avery
Sports Turf, 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 the small business issuer as of, and for, the periods
presented in this report;

4.  I am responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) [omitted pursuant to extended compliance period] for
the small business issuer 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 information relating to the
small business issuer, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

(b)  [omitted pursuant to extended compliance period]

(c) Evaluated the effectiveness of the small business issuer'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; and

(d) Disclosed in this report any change in the small business
issuer's internal control over financial reporting that occurred
during the small business issuer's most recent fiscal quarter
(the small business issuer's fourth fiscal quarter in the case of
an annual report) that has materially affected, or is reasonably
likely to materially affect, the small business issuer's internal
control over financial reporting; and

5.  I have disclosed, based on my most recent evaluation of internal
control over financial reporting, to the small business issuer's
auditors and the audit committee of the small business issuer'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 the small
business issuer's ability to record, process, summarize and
report financial information; and

(b) Any fraud, whether or not material, that involves management
or other employees who have a significant role in the small
business issuer's internal control over financial reporting.


Dated: May 11, 2004                    /s/ Gary Borglund
                                       Gary Borglund, President
Exhibit 32.2

                            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 the Quarterly Report of Scientific  Energy,  Inc. on
Form  10-QSB  for the  period  ending  September  30,  2003,  as filed  with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Jana
Meyer,  Treasurer/Secretary  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 and belief:

         (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 result of
                  operations of the Company.


/S/ Jana Meyer
Jana Meyer
Secretary/Treasuer and Director
(Principal Financial and Accounting Officer)


October 24, 2003


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version 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.
STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA

VERSUS

NO. 2022 KW 0093

JAMES DEWITT MCINTOSH, II MARCH 28, 2022

In Re: James Dewitt McIntosh, II, applying for supervisory

writs, 22nd Judicial District Court, Parish of St. 

Tammany, No. 576736. 

BEFORE: McDONALD, LANIER, AND WOLFE, JJ. 

WRIT DENIED. 

JP+ m

WIL

EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT

FOR THE COURT
Amendment No.1 to Employment Agreement with R. Blair Reynolds



 Exhibit 10.36 
 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT 
 R. Blair Reynolds 
 This AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (“Amendment No. 1”) is entered
into as of the 15th day of December, 2005 (the “Effective Date”), and amends that certain
EMPLOYMENT AGREEMENT dated as of January 25, 2005 (the “Employment Agreement”) by and between AmericanWest Bancorporation, a Washington corporation (“AWBC”), its wholly owned subsidiary AmericanWest Bank, a
Washington state-chartered bank (the “Bank” and, together with AWBC, “Employer”) and R. Blair Reynolds (“Executive”). 
 SECTION 1. The final sentence of Section 2 of the Employment Agreement is hereby amended to delete “Senior Vice President and General Counsel” and, in its stead, insert “Executive Vice President
and General Counsel”. 
 SEC. 2. The first two sentences of Section 3 of the Employment Agreement are hereby amended to change the
term of employment therein set forth from one year to two years, effective as of the Effective Date, so that those sentences shall read, in their entirety, as follows (the remainder of said Section 3 to remain unchanged): 
 The term of this Agreement (“Term”) is two years, commencing on December 15, 2005. Unless earlier terminated pursuant to the
provisions hereof, this Agreement shall be automatically renewed for successive two-year terms (each a “Renewal Term”) unless either party gives written notice of non-renewal to the other not less than six (6) months prior to
the end of the Term. 
 SEC. 3. Section 4 of the Employment Agreement is hereby amended to delete, in both places where it appears,
“Senior Vice President and General Counsel” and, in its stead, insert “Executive Vice President and General Counsel”. 
 SEC. 4. The introductory paragraph to Section 11(b)(1) of the Employment Agreement is hereby amended to delete “one (1) year” and, in its stead, insert “two (2) years”. 
 SEC. 5. Clause (A) of subparagraph (i) of Section 11(b)(1) of the Employment Agreement is hereby amended to delete “one
(1) year” and, in its stead, insert “two (2) years”. 
 SEC. 6. The introductory paragraph to Section 11(c)(1)
of the Employment Agreement is hereby amended to delete “one (1) year” and, in its stead, insert “two (2) years”. 
 SEC. 7. No change is intended by this Amendment No. 1 to the present compensation of Executive. Except as amended and modified by this Amendment No. 1, the Employment Agreement, as hereby amended and supplemented, shall remain in
full force and effect. 
  

 1 








 IN WITNESS WHEREOF, the parties hereto have executed this
Agreement this 28th day of December, 2005, effective as of the date herein first above written. 
  

							
	EXECUTIVE	  	AMERICANWEST BANCORPORATION
				
	By	 	 /s/ R. Blair Reynolds
  
	  	By	 	 /s/ Robert M. Daugherty
  

		 	R. Blair Reynolds	  		 	Robert M. Daugherty
		 		  		 	President and Chief Executive Officer
			
		 		  	AMERICANWEST BANK
				
		 		  	By	 	 /s/ Robert M. Daugherty
  

		 		  		 	Robert M. Daugherty
		 		  		 	President and Chief Executive Officer

  

 2
#### § 80.1075 Radio records.

A record must be kept, as required by the Radio Regulations and § 80.409 (a), (b) and (e), of all incidents connected with the radiocommunication service which appear to be of importance to safety of life at sea.
§ 73.508 Standards of good engineering practice. ( a ) All noncommercial educational stations and LPFM stations operating with more than 10 watts transmitter power output shall be subject to all of the provisions of the FM Technical Standards contained in subpart B of this part. Class D educational stations and LPFM stations operating with 10 watts or less transmitter output power shall be subject to the definitions contained in § 73.310, and also to those other provisions of the FM Technical Standards which are specifically made applicable to them by the provisions of this subpart.
( b ) The transmitter and associated transmitting equipment of each noncommercial educational FM station and LPFM station licensed for transmitter power output above 10 watts must be designed, constructed and operated in accordance with § 73.317.
( c ) The transmitter and associated transmitting equipment of each noncommercial educational FM station licensed for transmitter power output of 10 watts or less, although not required to meet all requirements of § 73.317, must be constructed with the safety provisions of the current national electrical code as approved by the American National Standards Institute. These stations must be operated, tuned, and adjusted so that emissions are not radiated outside the authorized band causing or which are capable of causing interference to the communications of other stations. The audio distortion, audio frequency range, carrier hum, noise level, and other essential phases of the operation which control the external effects, must be at all times capable of providing satisfactory broadcast service. Studio equipment properly covered by an underwriter's certificate will be considered as satisfying safety requirements.
[65 FR 7640, Feb. 15, 2000]
#### § 80.2 Other regulations that apply.

The Commandant, U.S. Coast Guard has promulgated regulations which affect radiotelecommunication equipment carriage and power source installation requirements for certain ships. Inquiries concerning applicable U.S. Coast Guard regulations are to addressed to the Commandant, U.S. Coast Guard, Washington, DC 20593, or to the nearest District Headquarters Office of the U.S. Coast Guard.
§ 61.55 Contract-based tariffs. ( a ) This section shall apply to price cap local exchange carriers permitted to offer contract-based tariffs under § 1.776 or § 69.805 of this chapter, as well as to the offering of business data services by rate-of-return carriers pursuant to § 61.50.
( b ) Composition of contract-based tariffs shall comply with §§ 61.54(b) through (i).
( c ) Contract-based tariffs shall include the following: ( 1 ) The term of contract, including any renewal options;
( 2 ) A brief description of each of the services provided under the contract;
( 3 ) Minimum volume commitments for each service;
( 4 ) The contract price for each service or services at the volume levels committed to by the customers;
( 5 ) A general description of any volume discounts built into the contract rate structure; and
( 6 ) A general description of other classifications, practices, and regulations affecting the contract rate.
[64 FR 51266, Sept. 22, 1999, as amended at 76 FR 43216, July 20, 2011; 82 FR 25711, June 2, 2017; 83 FR 67123, Dec. 28, 2018]
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4952 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4952

  To amend the Clean Air Act to provide that certain requirements in 
effect prior to the 1990 amendments to the Clean Air Act shall cease to 
                     apply, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 12, 1994

   Mr. Kim introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend the Clean Air Act to provide that certain requirements in 
effect prior to the 1990 amendments to the Clean Air Act shall cease to 
                     apply, and for other purposes.

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

SECTION 1. FEDERAL IMPLEMENTATION PLANS FOR PRE-1990 REQUIREMENTS.

    Section 110(n) of the Clean Air Act is amended by adding the 
following new paragraph at the end thereof:
            ``(4) FIP obligations based on pre-1990 act requirements.--
        (A) The Administrator shall not be required to promulgate an 
        applicable implementation plan (or portion thereof) under 
        subsection (c) pursuant to a finding by the Administrator that 
        a State plan does not satisfy any criteria or requirement in 
        effect under this Act prior to the enactment of the Clean Air 
        Act Amendments of 1990 (Public Law 101-549) or upon the 
        Administrator's disapproval of any State plan in whole or in 
        part for failure to satisfy any such criteria or requirement.
            ``(B) Nothing in subparagraph (A) shall affect the 
        obligation of the Administrator to promulgate an applicable 
        implementation plan under subsection (c) pursuant to a finding 
        by the Administrator that a State plan does not satisfy any 
        criteria or requirement in effect under this Act following the 
        enactment of the Clean Air Act Amendments of 1990 (Public Law 
        101-549) or upon the Administrator's disapproval of any State 
        plan in whole or in part for failure to satisfy any such 
        criteria or requirement.
            ``(C) Nothing in subparagraph (A) shall affect the 
        authority of the Administrator to to enforce the provisions of 
        any applicable implementation plan in effect prior to the 
        enactment of the Clean Air Act Amendments of 1990 (Public Law 
        101-549) or duly approved or promulgated by the Administrator 
        thereafter.''.
                                 <all>
```
§ 80.334 False distress alerts. A distress alert is false if it was transmitted without any indication that a mobile unit or person was in distress and required immediate assistance. Transmitting a false distress alert is prohibited and may be subject to the provisions of part 1, subpart A of this chapter if that alert: ( a ) Was transmitted intentionally;
( b ) Was not cancelled in accordance with § 80.335;
( c ) Could not be verified as a result of either the ship's failure to keep watch on appropriate frequencies in accordance with § 80.1123 or subpart G of this part, or its failure to respond to calls from the U.S. Coast Guard;
( d ) Was repeated; or
( e ) Was transmitted using a false identity.
[68 FR 46968, Aug. 7, 2003]
No. 11-126.

#### Myers *v.*Arkansas Department of Human Services Kravitz et vir *v.*Arkansas Department of Human Services Parrish et ux. *v.*Arkansas Department of Human Services Reid *v.*Arkansas Department of Human Services and Seago *v.*Arkansas Department of Human Services

(Reported below: 2011 Ark. 182, 380 S. W. 3d 906);

(2011 Ark. 185, 380 S. W. 3d 927);

(2011 Ark. 179);

(2011 Ark. 187, 380 S. W. 3d 918);

(2011 Ark. 184, 380 S. W. 3d 894). Sup. Ct. Ark. Cer-tiorari denied.
No. 11-5675.

#### Hawkins *v.*United States.

C. A. 6th Cir. Certiorari denied.
No. 11-5668.

#### Alexander *v.*Tennis, Superintendent, State Correctional Institution at Rockview, et al.

C. A. 3d Cir. Certiorari denied.
#### § 64.1702 Procedures.

If a non-accredited standards development organization (NASDO) and the funding parties are unable to agree unanimously on a dispute resolution process prior to publishing a text for comment pursuant to 47 U.S.C. 273(d)(4)(A)(v), a funding party may use the default dispute resolution process set forth in section 64.1703.
<PAGE>
                                                                    EXHIBIT 99.2

                            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 the Annual Report of Western Water Company (the Company) on
Form 10-K, for the fiscal year ended March 31, 2002 as filed with the Securities
and Exchange Commission and as amended on the date hereof (the Report), I,
William T. Gochnauer, Chief 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 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 result of operations of the
Company.



/S/ WILLIAM T. GOCHNAUER

William T. Gochnauer
Chief Financial Officer
August 5, 2002



                                       14
- NV 1967
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000867443
<NAME> CAPITAL GAMING INTERNATIONAL, INC.

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                       2,352,000
<SECURITIES>                                         0
<RECEIVABLES>                                  799,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            13,825,000
<PP&E>                                         131,000
<DEPRECIATION>                                 126,000
<TOTAL-ASSETS>                              15,341,000
<CURRENT-LIABILITIES>                          121,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       400,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                15,341,000
<SALES>                                              0
<TOTAL-REVENUES>                             5,196,000
<CGS>                                                0
<TOTAL-COSTS>                                7,175,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,407,000
<INCOME-PRETAX>                             (3,712,000)
<INCOME-TAX>                                (1,117,000)
<INCOME-CONTINUING>                         (2,595,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (2,595,000)
<EPS-BASIC>                                      (1.30)
<EPS-DILUTED>                                    (1.30)


</TABLE>
§ 95.1731 Permissible GMRS uses. The operator of a GMRS station may use that station for two-way plain language voice communications with other GMRS stations and with FRS units concerning personal or business activities. ( a ) *Emergency communications.* Any GMRS channel may be used for emergency communications or for traveler assistance. Operators of GMRS stations must, at all times and on all channels, give priority to emergency communications.
( b ) *One-way communications.* The operator of a GMRS station may use that station to transmit one-way communications: ( 1 ) To call for help or transmit other emergency communications;
( 2 ) To provide warnings of hazardous road conditions to travelers; or,
( 3 ) To make brief test transmissions.
( c ) *Travelers assistance.* The operator of a GMRS station may transmit communications necessary to assist a traveler to reach a destination or to receive necessary services.
( d ) *Digital data.* GMRS hand-held portable units may transmit digital data containing location information, or requesting location information from one or more other GMRS or FRS units, or containing a brief text message to another specific GMRS or FRS unit.