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

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JANUARY 17, 2006

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 05-14504

Non-Argument Calendar

________________________

D. C. Docket No. 03-00050-CR-6

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

MARCUS FITZGERALD STEVENSON, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Southern District of Alabama

_________________________

(January 17, 2006)

Before TJOFLAT, BARKETT and HULL, Circuit Judges.

PER CURIAM:

Marcus Fitzgerald Stevenson appeals his reinstated 57-month sentence,
2

imposed upon resentencing, for interstate transportation in aid of racketeering, in

violation of 18 U.S.C. § 1952(a)(3). After review, we vacate Stevenson’s sentence

and remand for resentencing.

In a prior appeal, this Court affirmed the district court’s criminal history

calculation and concluded that there was no constitutional violation under United

States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005). See United States v.

Stevenson, 131 F. App’x 248 (11 Cir. 2005) (unpublished). However, in the prior th

appeal, this Court also found statutory Booker error and thus vacated Stevenson’s

sentence and remanded for resentencing in light of Booker. On remand, the district

court resentenced Stevenson to the same 57-month sentence without a hearing or

an opportunity for Stevenson to allocute. 

Because Stevenson’s original sentence was vacated in its entirety, the district

court erred by not granting him a hearing and affording him the opportunity to

allocute at resentencing. See United States v. Taylor, 11 F.3d 149, 151 (11 Cir. th

1994) (holding that a defendant’s rights, under Federal Rules of Criminal

Procedure 32 and 43, to be present at sentencing and to allocute “extends to

sentencing when the original sentencing package is vacated in its entirety on appeal

and a case is remanded for resentencing”); United States v. Jackson, 923 F. 2d

1494, 1496 (11th Cir. 1991) (holding that, when a sentencing “package” has been
3

vacated on appeal, the defendant’s presence at a hearing is necessary). 

Additionally, although Stevenson’s guidelines range was correctly calculated, the

district court must still have a hearing to consult the factors in 18 U.S.C. § 3553(a)

as now required by Booker under an advisory guidelines system. We therefore

vacate Stevenson’s sentence and remand to the district court so that the district

court may hold a hearing, consult the factors in § 3553(a) as required by Booker

and provide Stevenson the opportunity to address the court prior to imposing a

sentence.

VACATED AND REMANDED WITH INSTRUCTIONS.
#### § 51.96 May the Director amend or extend a concession contract for the purpose of facilitating a transaction?

The Director may not amend or extend a concession contract for the purpose of facilitating an assignment or encumbrance. The Director may not make commitments regarding rates to the public, contract extensions, concession contract terms and conditions, or any other matter, for the purpose of facilitating an assignment or encumbrance.
# EUR-Lex - 12008E261 - EN

Important legal notice

*|*

# 12008E261

**Consolidated version of the Treaty on the Functioning of the European Union - PART SIX: INSTITUTIONAL AND FINANCIAL PROVISIONS - TITLE I: INSTITUTIONAL PROVISIONS - Chapter 1: The institutions - Section 5: The Court of Justice of the European Union - Article 261 (ex Article 229 TEC) **

*
Official Journal 115 , 09/05/2008 P. 0162 - 0162 *

Article 261

(ex Article 229 TEC)

Regulations adopted jointly by the European Parliament and the Council, and by the Council, pursuant to the provisions of the Treaties, may give the Court of Justice of the European Union unlimited jurisdiction with regard to the penalties provided for in such regulations.

--------------------------------------------------
Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Notices 59479 

[FR Doc. 06–8552 Filed 10–6–06; 8:45 am] 

BILLING CODE 5001–06–C 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal No. 06–48] 

36(b)(1) Arms Sales Notification 

AGENCY: Department of Defense, Defense 

Security Cooperation Agency. 

ACTION: Notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of a 

section 36(b)(1) arms sales notification. 

This is published to fulfill the 

requirements of section 155 of Public 

Law 104–164 dated 21 July 1996. 

FOR FURTHER INFORMATION CONTACT: Ms. 

J. Hurd, DSCA/DBO/CFM, (703) 604–

6575. 

The following is a copy of a letter to 

the Speaker of the House of 

Representatives, Transmittal 06–48 with 

attached transmittal and policy 

justification. 

Dated: October 3, 2006. 

C.R. Choate, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

BILLING CODE 5001–06–M 


jlentini on PROD1PC65 with NOTICES
59480 Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Notices 


jlentini on PROD1PC65 with NOTICESEN10OC06.027</GPH>
Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Notices 59481 


jlentini on PROD1PC65 with NOTICESEN10OC06.028</GPH>
59482 Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Notices 


jlentini on PROD1PC65 with NOTICESEN10OC06.029</GPH>
Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Notices 59483 

[FR Doc. 06–8553 Filed 10–6–06; 8:45 am] 

BILLING CODE 5001–06–C 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal No. 06–67] 

36(b)(1) Arms Sales Notification 

AGENCY: Department of Defense, Defense 

Security Cooperation Agency. 

ACTION: Notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of a 

section 36(b)(1) arms sales notification. 

This is published to fulfill the 

requirements of section 155 of Public 

Law 104–164 dated 21 July 1996. 

FOR FURTHER INFORMATION CONTACT: Ms. 

J. Hurd, DSCA/DBO/CFM, (703) 604–

6575. 

The following is a copy of a letter to 

the Speaker of the House of 

Representatives, Transmittal 06–67 with 

attached transmittal, policy justification, 

and Sensitivity of Technology. 

Dated: October 2, 2006. 

C.R. Choate, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

BILLING CODE 5001–06–M 


jlentini on PROD1PC65 with NOTICES
#### § 223.44 Collection rights on contracts involved in transfer of purchase credit.

To assure protection of the United States in connection with the implementation of this regulation, contract provisions shall not prevent the Forest Service from carrying out collection rights, authorized by the Federal Claims Collection Act of 1966 (80 Stat. 309), between contracts involved in the transfer of purchaser credit. Such claims against the contract receiving the transferred purchaser credit shall be limited to the amount transferred.

(Pub. L. 94-154, 89 Stat. 823 (16 U.S.C. 535)

[42 FR 63777, Dec. 20, 1977. Redesignated at 49 FR 2761, Jan. 23, 1984]
Date of 

report 

1970 

Dec. 8 

Date of repo1t 

1970 

Dec. 15 

&ruutr nf tqr luitrh itatrs 

NINETY-FIRST CONGRESS 

F S {Convened January 3, 1969 

IRST ESSION Adjourned December 23, 1969 

S S { Convened January 19, 1970 

ECOND ESSION 

EXECUTIVE CALENDAR 

Prepared under the direction of FRANCIS R. V ALEO, Secretary of the Senate 

By GERALD A. HACKETT, Executive Clerk 

Wednesday, December 16, 1970 

TREATY 

Calendar Treaty No. Subject Action of committee 

No. 

11 Ex. 0 (81st Cong., International Convention on the Prevention Reported favorably with 

1st sess.). and Puni'ihment of the Crime of Geno- 3 understandings and 

cide. 1 declaration by Mr. 

Church, from the Committee on Foreign Relations, with a printed 

report together with 

individual views. (See 

! 

Ex. Rept. 91-25.) 

NOMINATION 

Calendar Message Name of nommee Office P1 edecessor 

No. No. 

U.S. TARIFF 

COMMISSION 

234 384 J efferson Banks Young, A member of the U.S. Mrs. Penelope Hartof Virginia. Tariff Commission for land Thunberg, term 

the t erm expiring June expired. 

16, 1976. 

48-022--70--No. 242 

U S GOVER N MENT PRI NT ING OFFI CE 19 '70
# EUR-Lex - 12008E237 - EN

Important legal notice

*|*

# 12008E237

**Consolidated version of the Treaty on the Functioning of the European Union - PART SIX: INSTITUTIONAL AND FINANCIAL PROVISIONS - TITLE I: INSTITUTIONAL PROVISIONS - Chapter 1: The institutions - Section 3: The Council - Article 237 (ex Article 204 TEC) **

*
Official Journal 115 , 09/05/2008 P. 0153 - 0153 *

Article 237

(ex Article 204 TEC)

The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.

--------------------------------------------------
SENATE OF THE UNITED STATES 

NINETY-EIGHTH CONGRESS 

Convened January 3, 1983 

FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Thursday, February 17, 1983 

PREPARED UNDER THE DIRECTION OF WILLIAM F. HILDENBRAND, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
1 

TREATIES 

Calendar Treaty Subject Reported 

No. Doc. No. Bv 

1 Ex. B, Montreal Aviation Protocols Nos. 3 and 4 Feb 10 83 Reported 95-1 favorably, by Mr. Percy, 

Committee on Foreign 

Relations, with conditions 

to the resolution of 

ratification (Printed 

report-Ex. Rept. 98-1) 

2 97-19 Constitution of the United Nations Feb 10 83 Reported 

Industrial Development Organization. favorably, by Mr. Percy, 

Committee on Foreign 

Relations, with 

understandings to the 

resolution of ratification 

(Printed report--Ex. Rept 

98-2) 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor Reported 

No. No. Bv 

[NEW REPORTS] 

NATIONAL LABOR RELATIONS BOARD 

* 9 17 Donald L. Dotson, of Pennsylvania, to be a Feb 16, 83 Mr. Hatch, 

Member of the National Labor Relations Committee on Labor and 

Board for the term of f 1ve years expiring Human Resources, without 

December 16, 1987, vice John Carl Miller printed report. 

who was appointed to this position during 

the last recess of the Senate. 

*Signifies nominee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate.
§ 212.2 Forest transportation program. ( a ) *Travel management atlas.* For each administrative unit of the National Forest System, the responsible official must develop and maintain a travel management atlas, which is to be available to the public at the headquarters of that administrative unit.
( b ) *Forest transportation atlas.* A forest transportation atlas may be updated to reflect new information on the existence and condition of roads, trails, and airfields of the administrative unit. A forest transportation atlas does not contain inventories of temporary roads, which are tracked by the project or activity authorizing the temporary road. The content and maintenance requirements for a forest transportation atlas are identified in the Forest Service directives system.
( c ) *Program of work for the forest transportation system.* A program of work for the forest transportation system shall be developed each fiscal year in accordance with procedures prescribed by the Chief.
[62 FR 58654, Oct. 30, 1997, as amended at 66 FR 3216, 3217, Jan. 12, 2001; 70 FR 68288, Nov. 9, 2005; 73 FR 74613, Dec. 9, 2008]
<PAGE>   1
                                                                    EXHIBIT 8.14


                              TERMINATION AGREEMENT

         This Termination Agreement made as of this 20th day of May, 1998
between COMPRESSENT CORPORATION ("COMPRESSENT") and CALL NOW, INC. ("CALL NOW").

         WHEREAS, on or about February 2, 1998 the parties entered into a Loan
Agreement under which Call Now could lend certain amounts to Compressent (the
"Agreement"); and

         WHEREAS, the Agreement was entered into primarily to facilitate a
proposed acquisition by Compressent; and

         WHEREAS, the proposed acquisition has not been consummated, the parties
have agreed to terminate such Agreement on the terms set forth herein.

         NOW, THEREFORE, the parties agree as follows:

         1.       The Agreement is hereby terminated by mutual consent of the
parties. The Stock Purchase Warrant issued to Call Now in connection with the
Agreement is hereby cancelled.

         2.       Call Now hereby releases Compressent from the Commitment Fee
and all other payments due to Call Now under the Agreement. Compressent hereby
releases all rights under the Agreement.

         IN WITNESS WHEREOF, the parties have executed this Agreement on the
date above written by their respective officers thereunto duly authorized.

                                    COMPRESSENT CORPORATION


                                    By: /s/
                                       --------------------------------
                                        Chairman

                                    CALL NOW, INC.


                                    By: /s/
                                       --------------------------------
                                        Chairman
Exhibit
32.2




CERTIFICATION
OF DISCLOSURE PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002












I, Jake
Wei, Chief Financial Officer of K's Media, certify pursuant to 18 U.S.C. Section
1350 as enacted by Section 906 of the Sarbanes-Oxley Act of 2002,
that:





(1) the
Annual Report on Form 10-K for the annual period ended April 30, 2008 (the
"Periodic Report") which this statement accompanies fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;
and





(2)
information contained in the Periodic Report fairly presents, in all material
respects, the financial condition and results of operations of Kinglake
Resources, Inc.









K's
      MediaDate: August
      12, 2008
            By:
            /s/ Jake
      WeiJake
      WeiChief
      Financial Officer





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 required
by Section 906, has been provided to K's Media. and will be retained K’s Media.
and furnished to the Securities and Exchange Commission or its staff upon
request.
EXHIBIT 32.2








Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


(18 U.S.C. Section 1350)








In connection with the quarterly report of Heartland, Inc. (the "Company") on Form 10-Q for the quarterly period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mitchell Cox, 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:





●
The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and


●
The information in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: May 16, 2011





/s/ Mitchell Cox


Chief Financial Officer


(Principal Financial Officer)
<PAGE>
                                                                   EXHIBIT 10.32


                             AMENDMENT THREE TO THE
                         TANDY BRANDS ACCESSORIES, INC.
                            BENEFIT RESTORATION PLAN

         WHEREAS, Tandy Brands Accessories, Inc. (the "Company") previously
established the Tandy Brands Accessories, Inc. Benefit Restoration Plan (the
"Plan") effective as of July 1, 1993; and

         WHEREAS, the Plan provides at Article XII that the Company reserves the
right to amend the Plan; and

         WHEREAS, the Plan has been amended from time to time since its
establishment; and

         WHEREAS, the Company wishes to amend the Plan to change the Plan Year
from a fiscal year to the calendar year.

         NOW THEREFORE, the Plan is hereby amended effective July 1, 2003, as
follows:

         1. Section 1.11 is hereby amended by replacing it in its entirety with
the following paragraph:

                  1.11 "Plan Year" shall mean the annual period beginning
         January 1 and ending December 31, both dates inclusive of each year.
         There will be a short Plan Year for the period July 1, 2003 through
         December 31, 2003.

         2. Article II is hereby amended by replacing the second sentence in its
entirety with the following sentence:

                  Such individuals may elect to participate hereunder by
         executing a participation agreement in such form and at such time as
         the Company shall require, provided that each participation agreement
         shall be executed no later than the last day of December immediately
         preceding the Plan Year for which an individual elects to make
         contributions to the Plan in accordance with the provisions of Section
         3.1 hereof.

         IN WITNESS WHEREOF, this Amendment has been executed this 10th day of
June, 2003.

                                    TANDY BRANDS ACCESSORIES, INC.



                                    By:  /s/ Stanley T. Ninemire
                                        ----------------------------------------
                                        Name:  Stanley T. Ninemire
                                        Title:  Executive Vice President
#### § 290.1 Purpose and scope.

The rules of this part implement the requirements of the Federal Cave Resources Protection Act (16 U.S.C. 4301-4309), hereafter referred to as the “Act”. The rules apply to cave management on National Forest System lands. These rules, in conjunction with rules in part 261 of this chapter, provide the basis for identifying and managing significant caves on National Forest System lands in accordance with the Act. National Forest System lands will be managed in a manner which, to the extent practical, protects and maintains significant cave resources in accordance with the policies outlined in the Forest Service Directive System and the management direction contained in the individual forest plans.
# EUR-Lex - 12008E198 - EN

Important legal notice

*|*

# 12008E198

**Consolidated version of the Treaty on the Functioning of the European Union - PART FOUR: ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES - Article 198 (ex Article 182 TEC) **

*
Official Journal 115 , 09/05/2008 P. 0137 - 0137 *

Article 198

(ex Article 182 TEC)

The Member States agree to associate with the Union the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the "countries and territories") are listed in Annex II.

The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.

In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.

--------------------------------------------------
Date of 

report 

1970 

Aug 12 

12 

12 

12 

12 

12 

12 

12 

~tuutr nf tqt luitrb ~tutts NINETY-FIRST CONGRESS 

F S {Convened January 3, 1969 

IRST ESSION Ad" d D b 23 1969 J ourne ecem er , 

S S {Convened January 19, 1970 

ECOND ESSION 

EXECUTIVE CALENDAR 

Prepared under the direction of FRANCIS R. V ALEO, Secretary of the Senate 

By GERALD A. HACKETT, Executive Clerk 

Thursday, August 13, 1970 

NOMINATIONS 

I Calendar Message Name of nommee Ofllce Predecessor 

No. No. 

DEPARTMENT OF 

DEFENSE 

136 230 J. Fred Buzhm dt, Jr., of General Counsel of the 

Ronth Caroh11ct Department of Defen~P. 

DEPARTMENT OF 

JUSTICE 

137 1ii2 Georg<' B(•,tll, of Marv- U.S. attorney for the Dis- Stephen H. Sachs, 

land. trict of Maryland for the resigning. 

term of 4 year'>. 

13R 4]1 Marshall F. Hon~~P u, of U S. marshal for tbf• Marion M. Hale 

Tt•xa.,. southern di~trict of 

Texas for a term of 4 

year&. 

1:~9 139 JobC' A. LopPz, of PuPrto U.S. marshal for t hP dib- Santos Buxo, Jr., 

H.ico trict of Puerto Rico for term expired. 

the term of 4 years. 

140 158 EdwardS. King, of New U.S. marshal for the west- Alvin Grossman. 

York. ern district of New York 

for the term of 4 years. 

141 195 Charles W. Koval, of U.S. marshal for the west- Anthony J. Furka, 

Pennsylvania. ern district of Pennsyl- term expired. 

vania for the term of 4 

years. 

142 205 Juan C. San Agustin, of U.S. marshal for the Dis- Francisco R. Santos, 

Guam. trict of Guam for the resigning. 

term of 4 years. 

143 219 Johnny M. Town~, of U.S. marshal for the Roy Lee Call, retiring. 

Alnbama. northern district of 

Alabama for the term of 

4 years. 

48-022--70--No.205 

[J S GOVERNMENT PRINTI NG OFF'!CE 1970