alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

DERNEVAL RODNELL DIMMER, AKA 

Pedro Dimmer, AKA Jabba, AKA Big Cuz,

Defendant-Appellant.

Nos. 21-30101 

 21-30102

D.C. Nos. 3:12-cr-00035-TMB-1 

 3:12-cr-00056-TMB-7 

MEMORANDUM*

Appeal from the United States District Court

for the District of Alaska

Timothy M. Burgess, District Judge, Presiding

Submitted December 14, 2021**

Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges. 

In these consolidated appeals, Derneval Rodnell Dimmer appeals pro se 

from the district court’s order denying his motion for compassionate release under 

18 U.S.C. § 3582(c)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291. 

Reviewing for abuse of discretion, see United States v. Aruda, 993 F.3d 797, 799 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

DEC 17 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 21-30101 & 21-30102

(9th Cir. 2021), we affirm. 

Dimmer contends that remand is required because the district court 

erroneously treated U.S.S.G. § 1B1.13 as the applicable policy statement in 

violation of this court’s decision in Aruda. We disagree. Although the district 

court cited § 1B1.13 in its discussion of the applicable legal framework, the record 

does not support Dimmer’s claim that the district court limited its analysis of what 

could constitute an extraordinary and compelling reason to those factors listed in 

the Guideline. Instead, the record shows that the court considered the merits of 

each of Dimmer’s reasons for compassionate release. Contrary to Dimmer’s 

assertion, the district court did not abuse its discretion in concluding that none 

constituted an extraordinary and compelling reason for relief. See United States v. 

Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018) (district court abuses its discretion 

only if its decision is illogical, implausible, or without support in the record). 

Dimmer’s remaining arguments are also unavailing. Having determined that 

Dimmer had failed to establish extraordinary and compelling reasons for release, 

the district court was not required to consider the 18 U.S.C. § 3553(a) factors, 

including Dimmer’s arguments concerning his proposed release plan and

rehabilitative efforts. See United States v. Keller, 2 F.4th 1278, 1284 (9th Cir. 

2021). Moreover, the district court properly considered the filings by the 

government and the probation office related to Dimmer’s motion, including his 
3 21-30101 & 21-30102

medical records, and did not err by failing to consider the medical records that 

Dimmer submitted after his motion was denied. 

Dimmer’s motion for sanctions is denied. Dimmer’s motion for bond 

pending appeal, and to compel the government to provide him a copy of its 

answering brief, are denied as moot. 

AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10QSB
FOR THE PERIOD ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         341,760
<SECURITIES>                                         0
<RECEIVABLES>                                  147,007
<ALLOWANCES>                                    11,080
<INVENTORY>                                          0
<CURRENT-ASSETS>                               540,279
<PP&E>                                       7,837,070
<DEPRECIATION>                               1,215,652
<TOTAL-ASSETS>                               7,269,126
<CURRENT-LIABILITIES>                        1,795,538
<BONDS>                                      6,030,986
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        47,031
<OTHER-SE>                                    (681,588)
<TOTAL-LIABILITY-AND-EQUITY>                 7,269,126
<SALES>                                        237,659
<TOTAL-REVENUES>                               255,491
<CGS>                                          198,814
<TOTAL-COSTS>                                  535,281
<OTHER-EXPENSES>                                 2,608
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             127,489
<INCOME-PRETAX>                               (409,886)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (409,886)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (409,886)
<EPS-PRIMARY>                                    (0.11)
<EPS-DILUTED>                                        0
        

</TABLE>
#### Henry R. Lounsbery, Respondent, v. Henry H. Hayden, Appellant.

Judgment affirmed.
From: Grace Wamble

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Wednesday, August 03, 2011 1:30:30 AM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

I appreciate your wisdom and courage in supporting women's access to contraception as well the other

new changes that support overall women's health. We and our bodies matter and count!

Thank you for prioritizing women's basic health care needs. Thanks for your ongoing service.

Sincerely,

Grace Wamble

MBR

Austin, TX 78731
Exhibit 4.3


 


Consent of Independent Registered
Public Accounting Firm


We consent to the
reference made to our firm under the caption “Independent Registered Public Accounting Firm” in Part B of the Prospectus
and to the use of our report dated April 20, 2016, in this Registration Statement (Form S-6 No. 333-209472) of Smart Trust 240,
comprising Smart Trust, Tax-Advantaged Growth & Income Trust, Series 10 .


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


April 20, 2016
From: Paula Abbott

To: E-OHPSCA2713.EBSA

Subject: Women"s healthcare

Date: Thursday, August 04, 2011 3:14:56 AM

U.S. Department of Health and Human Services (HHS),

Kathleen Sebelius

I oppose the recent FDA-approved contraceptive methods mandated onto insurance

companies, ultimately onto all US citizens. Our constitution does not support this type of

personal intrusion. I do not want my insurance premium or my tax dollar to be used for the

state-driven violation of human reproduction.

Paula Abbott

Hackensack, MN 56452
Exhibit 10.34


 


Lakeland (Beijing) Safety Products Co., Ltd. June 1, 2015 –
May 31, 2017


 


Unit 503, Building B, Sinolight Plaza


No. 4 Wangjing Qiyang Road, Chaoyang District


Beijing 100102 PRC


 


Summary as below:


 


Lessor: China National Pulp and Paper Research Institute,


Lessee: Lakeland (Beijing) Safety Products Limited


 


		1.	Extended lease period: 1 year from 06/01/2015 – 05/31/2017



		2.	Rent : RMB 22,192/MONTH - USD $42,167 YEARLY



		3.	Office area     : 2,067 sq feet



		4.	Security Deposit:  RMB 66,576



		5.	Rate: 3.85RMB/Day/ per sqm
From: Therese Ruesink

To: E-OHPSCA2713.EBSA

Subject: RIN 1210-AB44 Mandatory Birth Control

Date: Thursday, August 04, 2011 12:58:02 AM

To Whom it May Concern,

I object in the strongest of terms to mandating birth control with no co-pays under

the Affordable Care Act.

Birth control is already widely available to all women, subsidized largely by

taxpayers. Demanding that we further subsidize other people's birth control by

increasing our insurance premiums in these days when families are struggling just to

make ends meet is an outrage. 

The mandate violates my conscience and that of millions of Americans who oppose

birth control on moral and religious grounds. 

It is undisputed that one of the operations of contraceptives is to render the

endometrium hostile to implantation, so that if fertilization occurs, the newly

conceived child may be lost to an early abortion. I also strongly object to the

inclusion of free sterilization as well as abortifacient pills like ella, which can work

weeks after a person's biological beginning to cause an abortion.

And what of Catholic employers and others who oppose birth control, but are now

going to be forced to participate in these plans and/or offer it to their employees?

This flies in the face of the conscience protections that Americans have historically

enjoyed.

The conscience provisions attached to the rule are so narrowly crafted that they

would appear to force Catholic institutions to make free birth control and sterilization

available in health plans, or cease hiring and providing services to non-Catholics. 

It is incomprehensible that such a mandate is being forced upon the people of the

United States.

It is no secret that Planned Parenthood, the largest abortion chain in America, is

behind this mandate, and will reap huge financial benefits from it at a time when

citizens in the United States are working on both the state and federal levels to

defund the abortion giant. 

The majority of Americans are pro-life and we do not want our tax dollars and

insurance premiums supporting the nation's largest abortion chain.

It is imperative that you give credence to my personal objection along with those of

millions of other Americans who do not want to be forced to pay for and provide

medication, devices, and procedures that do not treat or prevent any disease or

illness, but distort and render inoperable a healthy reproductive system. This rule is

unjust, untenable, and un-American--and it should be stricken.

Sincerely,

Therese Ruesink
Portland, Oregon
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### FI LED U.S. COURT O F APP EALS ELEVENTH CIRCUIT Octob er 2 5, 2005 THO MAS K. KAH N CL ERK [DO NOT PUBLISH] IN THE UN ITED STATES COURT OF APPEALS FO R T HE EL EV EN TH CIRC UI T

____ ____ ____ ____ ____ ____ N o. 05- 1017 9

____ ____ ____ ____ ____ ____ D. C. Docket N o. 03-00640 CV -A R-S W ESLEY HARRIS, JR ., Pl ai nti ff -Appe llant,

ve rs us JOHN E. POTTER Po stm as te r G en er al , De fendant-Appellee.

____ ____ ____ ____ ____ ____ Appe al f ro m the U nit ed

S ta te s D istri ct

Co urt f or the N o rt h e rn D i s t r i c to f

A l ab a ma

____ ____ ____ ____ ____ ____ _ (O ct ob er 25, 200 5) Be fo re A N D E RS O N , BL A CK

a nd C A RN E S, Ci rc uit

Jud ge s. PE R CU RIA M: A ft er or al a rg um en t and c ar ef

ul c onsi de ratio n, w e af

fi rm . W e af

fi rm the j udgm en t of

the dis tr ic t c ourt w ithr es pe ct to pla int if

f’ s di sa bil ity c la im , be ca

use2

pla int if f fa ile d to pr ove that he c oul d pe rf orm the e sse nti al f

unc tio ns o f the j ob, or that hi s he al th p ro ble m s c oul d be r ea sona bly a cc om m oda te d. S ee Ja ck son v. Ve terans A dm inistration , 22 F. 3d 27 7 (11 Cir. 1994 ). W e also aff irm with re spect th to p la int if f’ s a ge c la im ; the re is little or no e vid en ce of

a ge dis cr im ina tio n and pla int if f’ s a lle ge d c om

parator is not sim ila rl y sit ua te d. F ina lly , w e af

fi rm the j udgm ent of the district court with respect to plaintiff’ s retaliation claim ; plaintiff h as fa i l ed t o p ro v e e i t h erca u s at i o n o r p re t ex tt o o v er co m e t h e d ef en d an t ’s le gi ti m at e b us in es s re as on . AFFIR MED.
<PAGE>

                                                                    EXHIBIT 99.1

                         INDEPENDENT ACCOUNTANT'S REPORT

Board of Directors
Sistersville Bancorp, Inc.

We have reviewed the accompanying consolidated balance sheet of Sistersville
Bancorp, Inc. and subsidiary as of December 31, 2001, and the related
consolidated statements of cash flows for the nine-month period ended, and the
consolidated statements of income and comprehensive income for the nine- and
three-month periods then ended. These financial statements are the
responsibility of the Company's management.

We conducted our review in accordance with standards established by the American
Institute of Certified Public Accountants. A review of interim financial
information consists principally of applying analytical and procedures to
financial data and making inquiries of persons responsible for financial and
accounting matters. It is substantially less in scope than an audit conducted in
accordance with auditing standards generally accepted in the United States of
America, the objective of which is the expression of an opinion regarding the
financial statements taken as a whole. Accordingly, we do not express such an
opinion.

Based on our review, we are not aware of any material modifications that should
be made to the accompanying financial statements for them to be in conformity
with accounting principles generally accepted in the United States of America.

We have previously audited, in accordance with accounting principles generally
accepted in the United States of America, the consolidated balance sheet as of
March 31, 2001, and the related consolidated statements of income, comprehensive
income, changes in stockholders' equity, and cash flows for the year then ended
(not presented herein); and in our report dated April 20, 2001, we expressed an
unqualified opinion on those consolidated financial statements.

/s/ S. R. SNODGRASS, A.C.


Wheeling, West Virginia
February 4, 2002

S. R. Snodgrass, A.C.
980 National Road, Wheeling, WV 26003-6400 Phone 304-233-5030
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 55th Signal Company (Combat Camera) 18th Airborne Corps Operation Inherent Resolve Transfer of Authority COMCAM Defeat Daesh III Armored Corps
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EXHIBIT 32.2
                            SECTION 906 CERTIFICATION

<PAGE>




                            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 periodic  report on Form 10-QSB for the period
ended June 30, 2004 (the "Report") of Industrial Minerals,  Inc. (the "Company")
I, John Melnyk,  Chief Financial Officer,  Secretary,  Treasurer and Director of
the Company,  certify,  pursuant to 18USC ss.1350, as adopted pursuant to ss.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 results of
                  operations of the Company.


Dated: August 6, 2004

/s/John Melnyk
-----------------------------------------------------------------------
John Melnyk, Chief Financial Officer, Secretary, Treasurer and Director


         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
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II

Calendar No. 207

107TH CONGRESS

1ST SESSION S. 1202

[Report No. 107–88]

To amend the Ethics in Government Act of 1978 (5 U.S.C. App.) to extend

the authorization of appropriations for the Office of Government Ethics

through fiscal year 2006.

IN THE SENATE OF THE UNITED STATES

JULY 19, 2001

Mr. LIEBERMAN (for himself and Mr. THOMPSON) introduced the following

bill; which was read twice and referred to the Committee on Governmental Affairs

OCTOBER 30, 2001

Reported by Mr. LIEBERMAN, without amendment

A BILL

To amend the Ethics in Government Act of 1978 (5 U.S.C.

App.) to extend the authorization of appropriations for

the Office of Government Ethics through fiscal year

2006.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1202 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Office of Government

3 Ethics Authorization Act of 2001’’.

4 SEC. 2. EXTENSION OF AUTHORIZATION OF APPROPRIA5 TIONS.

6 Section 405 of the Ethics in Government Act of 1978

7 (5 U.S.C. App.) is amended by striking ‘‘1997 through

8 1999’’ and inserting ‘‘2002 through 2006’’.

Calendar No. 207

107TH CONGRESS

1ST SESSION S. 1202

[Report No. 107–88]

A BILL

To amend the Ethics in Government Act of 1978

(5 U.S.C. App.) to extend the authorization ofappropriations for the Office of Government Ethics through fiscal year 2006.

OCTOBER 30, 2001

Reported without amendment