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

For the Seventh Circuit

Chicago, Illinois 60604

Submitted November 30, 2010

Decided November 30, 2010

Before

FRANK H. EASTERBROOK, Chief Judge

RICHARD A. POSNER, Circuit Judge

DIANE P. WOOD, Circuit Judge

No. 10‐2148

UNITED STATES OF AMERICA,

Plaintiff‐Appellee,

v.

ARTHUR C. MADGETT,

Defendant‐Appellant.

Appeal from the United States District

Court for the Southern District of Illinois.

No. 3:09‐CR‐30006‐001‐MJR

Michael J. Reagan,

Judge.

O R D E R

Arthur Madgett pleaded guilty to two counts of possession of cocaine with intent to

distribute. See 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). The plea agreement contained a broad

appellate waiver under which Madgett agreed to waive all appellate rights, including the

right to contest his conviction and sentence (unless the sentence exceeded the guidelines

range as determined by the court). The plea agreement reflected the parties’ estimation that

Madgett would have an offense level of 23 and a criminal history category of V, with an

effective advisory guidelines range of 120 months’ imprisonment due to the statutory

minimum ten‐year sentence. The plea agreement, however, did not anticipate that Madgett

would qualify as a career offender. After further proceedings, in which Madgett objected to

this classification and considered withdrawing his plea, the district court sentenced him to

235 months’ imprisonment, slightly lower than the calculated range of 262 to 327 months.

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

Fed. R. App. P. 32.1
No. 10‐2148 Page 2

Despite his waiver of appellate rights, Madgett appeals, and his appointed attorney has

concluded that the appeal is frivolous and moves to withdraw under Anders v. California,

386 U.S. 738 (1967). Madgett did not respond to counsel’s submission. See CIR. R. 51(b). We

review only the potential issues identified in counsel’s facially adequate brief. See United

States v. Schuh, 289 F.3d 968, 973‐74 (7th Cir. 2002).

Counsel first considers whether Madgett could challenge the plea based on the

parties’ “mutual” mistake regarding his being sentenced as a career offender. But Madgett

has given no indication that he wants to discard his guilty plea and lose the benefit of

avoiding a possible maximum life sentence (as set forth in the plea agreement). See United

States v. Knox, 287 F.3d 667, 671‐72 (7th Cir. 2002). An appeal waiver stands or falls with the

plea agreement, United States v. Quintero, 618 F.3d 746, 752 (7th Cir. 2010); Nunez v. United

States, 546 F.3d 450, 454 (7th Cir. 2008), and because Madgett does not contest the validity of

his plea, the appeal waiver must stand. Accordingly, we agree with counsel that any such

argument on appeal would be frivolous.

Counsel also considers arguing that trial counsel was ineffective in failing to

anticipate, at the time Madgett pleaded guilty, that he would qualify as a career offender.

But this too is unavailable because Madgett hasn’t expressed that he wants his guilty plea

set aside. See Knox, 287 F.3d at 671‐72.

We GRANT counsel’s motion to withdraw and DISMISS the appeal.
Massachusetts Institute of Technology Environment, Health & Safety Office 

Environmental Programs Office 

June 30, 2004 

77 Massachusetts Avenue 

Cambridge, Massachusetts 

02139-4307 

Phone 

Fax 

617.452.3477 

617 258.6831 

VIA HAND DELIVERY 

Mr. Robert T. Donaldson 

Associate Director 

Business Compliance Division 

Bureau of Waste Prevention 

Department of Environmental Protection 

One Winter Street, Eighth Floor 

Boston, Massachusetts 02108 

Re: Comments on Proposed Additions and Revisions to the Commonwealth's Air Pollution 

Control Regulations 

Dear Mr. Donaldson, 

The Massachusetts Institute of Technology ("MIT") submits the following comments in 

regard to the Massachusetts Department of Environmental Protection's ("DEP") proposed 

amendments to the Commonwealth's Air Pollution Control Regulations, 310 CMR 7.00 et sea.: 

MIT understands that, if implemented, the proposed regulations would require both 

existing and new emergency engines to burn Ultra Low Sulfur Diesel (ULSD) when such fuel 

becomes available in 2006. DEP suggests that the increased costs for burning liquid fuel will be 

minimal because the costs will increase by 4 to 5 cents per gallon and diesel engine emergency 

units are limited to 300 hours per year operation. However, the DEP's proposed regulatory 

changes and preamble fail to recognize that emergency generators and other facility equipment, 

such as existing combustion turbines and boilers (which appear to be exempt from the proposed 

fuel requirements) often share fuel tanks (in other words, both the emergency generators and 

other facility equipment draw fuel from the same tank). Specifically, at MIT's the power plant, 

the same liquid fuel tanks supply an emergency generator, the combustion turbine, and a boiler. 

If MIT is required to burn ULSD in this emergency generator, it will be required to either (1) 

install, at a significant cost, a new fuel storage tank dedicated to fuel the emergency generator, or 

(2) use ULSD to fuel the power plant's combustion turbine and the boiler, at an estimated 

increased cost of several hundred thousand dollars annually. 

MIT requests that DEP reconsider the significant costs associated with these proposed 

regulations. MIT suggests that DEP except from the proposed regulations such existing 

emergency engines that draw fuel from the same storage tank that fuels engines or turbines that 

are exempt from the proposed fuel regulations. 

^Wtinwem of Massachusetts 

JUN 3 0 2004 

Respectfully Submitted, j 

ZhaTMaDavidovi,z ^/O/OSf ® Mlhec/ o
§ 90.355 LMS operations below 512 MHz. Applications requiring not more than 25 kHz bandwidth per frequency in the 25-50 MHz, 150-170 MHz, and 450-512 MHz bands may use either base-mobile frequencies currently assigned the applicant, or be assigned base-mobile frequencies available in the service in which eligibility has been established, provided that: ( a ) For transmission between vehicles and base stations, each frequency in a single-frequency mode of operation will provide location data for approximately 200 vehicles, or both frequencies in a two-frequency mode of operation will provide location data for approximately 400 vehicles, except that for frequencies in the 450-512 MHz band that are assigned in pairs in accordance with the allocation plan for the band, the requirement is that location data be provided for approximately 200 vehicles for each frequency pair; and a showing is made that 50 percent of the vehicles will be in operation within the system by the end of the second year of the initial license term, and 70 percent will be in operation within the system by the end of the initial license term; except that if these vehicle loading standards will not be met, frequencies will be assigned only on a secondary non-interference basis to any authorized radiotelephony operation.
( b ) The minimum separation between a proposed LMS station and the nearest co-channel base station of another licensee operating a voice system is 75 miles (120 km) for a single frequency mode of operation or 35 miles (56 km) for a two-frequency mode of operation. Where the minimum mileage separation cannot be achieved, agreement to the use of F1D, F2D, G1D, G2D or P0N emission must be received from all existing co-channel licensees using voice emissions within the applicable mileage limits. If there is interference with voice operations and required agreement was not received, or operation was authorized on a secondary non-interference basis, the licensee of the LMS system is responsible for eliminating the interference.
( c ) Frequencies additional to any assigned under paragraph (a) of this section will not be assigned to the same licensee at any stations located within 64 km (40 miles) of any station in which the licensee holds an interest until each of such licensee's frequencies for LMS operation is shown to accommodate not less than 90 percent of the frequency loading requirements specified in paragraph (a) of this section.
USDANEWS      VOLUME 57 NO.5 - JUNE/JULY 1998
SUPREME COURT.

#### In the Matter of the Election of The Pioneer Paper Company.

On the hearing of an application to sei: aside an election, under section 5 of the statute in reference to corporations, the court may receive proof by affidavit, or oral proof, in its discretion, or both.

*Schenectady Special Term, September,*1863.

*Before*Potter, *Justice.*

The same matter as in the last case was brought up on order to show cause, the corporation being made a party.

At the hearing, the counsel for Buchanan read the affidavits and papers, copies of which had been served.

The counsel for Comstock and Wilson read affidavits in answer.

The counsel for Buchanan then proposed to give oral proof in reply, which was objected to, but allowed by the court.

At the suggestion of counsel for the defense, the latter decision was made in the form of an order, so that an appeal could be taken therefrom; and the matter was then adjourned until October 16, and the said Comstock and Wilson appealed from the latter order, which was argued and decided at the St. Lawrence general term, October 6,1863, where the order was affirmed, with costs.

October 16, 1863, the matter was further heard upon the merits, before Justice Potter, at special term, and oral evidence taken on both sides.

Afterwards the court denied the application, with costs, on the ground that the. four trustees were elected without objection, and that it did not *affirmatively*appear that the corporation would be injured merely from the fact that upon many questions the trustees were a tie in their votes.
#### § 80.1157 Facsimile.

Facsimile is a form of telegraphy for the transmission and receipt of fixed images. Ships must use facsimile techniques only with authorized public coast stations.
[Federal Register Volume 71, Number 178 (Thursday, September 14, 2006)]
[Notices]
[Page 54295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7624]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Arthritis and Musculoskeletal and Skin 
Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Arthritis and 
Musculoskeletal and Skin Diseases Special Emphasis Panel, Hand 
Therapy Clinical Trial.
    Date: October 25, 2006.
    Time: 5 p.m. to 6:30 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, One Democracy Plaza, 6701 
Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference 
Call).
    Contact Person: Michael Bloom, Ph.D., Scientific Review 
Administrator, EP Review Branch, NIH-NIAMS Institute, One Democracy 
Plaza, Room 820, MSC 4872, 6701 Democracy Blvd, Bethesda, MD 20892-
487, 301-594-4953, <a href="/cdn-cgi/l/email-protection#96dbfff5fef7f3fac9d4faf9f9fbd6f8fffeb8f1f9e0"><span class="__cf_email__" data-cfemail="672a0e040f06020b38250b08080a27090e0f49000811">[email protected]</span></a>.
    Any interested person may file written comments with the 
committee by forwarding the statement to the Contact Person listed 
on this notice. The statement should include the name, address, 
telephone number and when applicable, the business or professional 
affiliation of the interested person.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, 
Arthritis, Musculoskeletal and Skin Diseases Research, National 
Institutes of Health, HHS)

    Dated: September 6, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 06-7624 Filed 9-13-06; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
- AZ 1977
# Map            Somalia.
Case 16-23891 Doc 4 Filed 07/26/16 Entered 07/26/16 12:22:38 Desc Main

 Document Page 1 of 2
Case 16-23891 Doc 4 Filed 07/26/16 Entered 07/26/16 12:22:38 Desc Main

 Document Page 2 of 2
§ 217.103 Prohibitions. Notwithstanding takings contemplated in § 217.100 and authorized by a LOA issued under §§ 216.106 of this chapter and 217.106, no person in connection with the activities described in § 217.100 may: ( a ) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under §§ 216.106 of this chapter and 217.106;
( b ) Take any marine mammal not specified in such LOA;
( c ) Take any marine mammal specified in such LOA in any manner other than as specified in § 217.102;
( d ) Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or
( e ) Take a marine mammal specified in such LOA if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.
USDANEWS                                                       VOLUME 57 NO. 9--NOVEMBER - DECEMBER 1998
#### § 87.321 Supplemental eligibility.

Each applicant must certify as to its eligibility under the scope of service described above.

[63 FR 68958, Dec. 14, 1998]
#### § 69.308 [Reserved]
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 Enxnet, Inc.
(the "Company") on Form 10-QSB for the period ending September 30, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the
"Quarterly Report"), We, Ryan Corley, President and Director and
Stephen Hoelscher, Chief Financial Officer and Treasurer 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 Quarterly 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 Quarterly Report fairly presents,
in all material respects, the financial condition and result of operations of
the Company.


Date: 11/11/2005                       /s/Ryan Corley
                                      Ryan Corley
                                      President and director


Date: 11/11/2005                       /s/Stephen Hoelscher
                                      Stephen Hoelscher
                                      CFO and Treasurer
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

In the matter of the application of ) 

 ) 

AUSTRAL LINEAS AEREAS – CIELOS DEL SUR S.A. ) Docket DOT-OST-2011-0154

 ) 

for an exemption from 49 U.S.C. §41301 ) 

 )

SUPPLEMENT NO. ONE TO APPLICATION FOR EXEMPTION

Communications with respect to this document should be addressed to: 

 Charles F. Donley II 

 Squire, Sanders & Dempsey (US) L.L.P. 

 1200 19th Street, N.W. 

 Washington, D.C. 20036 

 (202) 626-6840 phone 

 (202) 626-6780 fax 

cdonley@ssd.com

 

Counsel to Austral Lineas Aereas – Cielos 

del Sur S.A. 

DATED: September 19, 2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

In the matter of the application of ) 

 ) 

AUSTRAL LINEAS AEREAS – CIELOS DEL SUR S.A. ) Docket DOT-OST-2011-0154

 ) 

for an exemption from 49 U.S.C. §41301 ) 

 )

SUPPLEMENT NO. ONE TO APPLICATION FOR EXEMPTION

Austral Lineas Aereas – Cielos del Sur S.A. (“Austral”) hereby submits this supplement 

to its pending application for an exemption in the captioned docket. The supplement consists of 

Austral’s most recent available financial information. This information is subject to revision 

during the ongoing share expropriation process. 

 Respectfully submitted, 

 /s/ Charles F. Donley II 

 __________________________________ 

 Charles F. Donley II 

 Squire, Sanders & Dempsey (US) L.L.P. 

 1200 19th Street, N.W. 

 Washington, D.C. 20036 

 (202) 626-6840 phone 

 (202) 626-6780 fax 

cdonley@ssd.com

 

Counsel to Austral Lineas Aereas – Cielos 

del Sur S.A. 

DATED: September 19, 2011 


i 

CERTIFICATE OF SERVCE

 I hereby certify that one copy of the foregoing supplement of Austral Lineas Aereas – 

Cielos del Sur S.A. has this day been served on each of the following individuals via e-mail. 

 /s/ Charles F. Donley II 

 _________________________________ 

 Charles F. Donley II 

DATED: September 19, 2011 

sascha.vanderbellen@delta.com; jeff.morgan@delta.com

howard.kass@usairways.com; benjamin.slocum@usairways.com

dan.weiss@coair.com; thomas.bolling@united.com; steve.morrissey@united.com

carl.nelson@aa.com

nssparks@fedex.com; cefelts@fedex.com

anita.mosner@hklaw.com; jennifer.nowak@hklaw.com

esta.rosenberg@dot.gov; brian.hedberg@dot.gov; Robert.finamore@dot.gov

urskr@state.gov

john.allen@faa.gov

info@airlineinfo.com
#### § 90.239 [Reserved]
<PAGE>

EXHIBIT 31.2

 Certification Pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934
 -------------------------------------------------------------------------------

I, Steve Gillings, certify that:

1. I have reviewed this quarterly report on Form 10-Q of I/OMagic Corporation;

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 registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer(s) 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) [language omitted pursuant to SEC
Release 34-47986] for the registrant 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 registrant, 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 SEC Release 34-47986];

      c) Evaluated the effectiveness of the registrant'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 registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant'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 registrant'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 registrant's internal control over
financial reporting.


Date:   May 15, 2006

/s/  Steve Gillings
-------------------
Steve Gillings,
Chief Financial Officer
(principal financial officer)
§ 26.35 Cabin sites. ( a ) There shall be no new private cabin site permits issued for national wildlife refuges. All appropriate provisions of 43 CFR part 21 apply to the phaseout of existing permits on national wildlife refuges.
( b ) No new government owned cabin site permits for private recreational purposes shall be issued nor shall existing permits be renewed.
§ 100.14 Relationship to State procedures and regulations. ( a ) State fish and game regulations apply to public lands and such laws are hereby adopted and made a part of the regulations in this part to the extent they are not inconsistent with, or superseded by, the regulations in this part.
( b ) The Board may close public lands to hunting, trapping, or fishing, or take actions to restrict the taking of fish and wildlife when necessary to conserve healthy populations of fish and wildlife, continue subsistence uses of such populations, or pursuant to other applicable Federal law. The Board may review and adopt State openings, closures, or restrictions which serve to achieve the objectives of the regulations in this part.
( c ) The Board may enter into agreements with the State in order to coordinate respective management responsibilities.
( d ) Petition for repeal of subsistence rules and regulations. ( 1 ) The State of Alaska may petition the Secretaries for repeal of the subsistence rules and regulations in this part when the State has enacted and implemented subsistence management and use laws which: ( i ) Are consistent with sections 803, 804, and 805 of ANILCA; and
( ii ) Provide for the subsistence definition, preference, and participation specified in sections 803, 804, and 805 of ANILCA.
( 2 ) The State's petition shall: ( i ) Be submitted to the Secretary of the Interior, U.S. Department of the Interior, Washington, D.C. 20240, and the Secretary of Agriculture, U.S. Department of Agriculture, Washington, D.C. 20240;
( ii ) Include the entire text of applicable State legislation indicating compliance with sections 803, 804, and 805 of ANILCA; and
( iii ) Set forth all data and arguments available to the State in support of legislative compliance with sections 803, 804, and 805 of ANILCA.
( 3 ) If the Secretaries find that the State's petition contains adequate justification, a rulemaking proceeding for repeal of the regulations in this part will be initiated. If the Secretaries find that the State's petition does not contain adequate justification, the petition will be denied by letter or other notice, with a statement of the ground for denial.