alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The HONORABLE RICHARD H. KYL E, United States District Judge for the 1 District of Minnesota.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-1863

___________ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Carmichael Amaebi Febabor, also * District of Minnesota. known as Andrew Tony Dole, also * known as Charles Lyon Butler, also * [UNPUBLISHED] known as Robert Martin Smith, * * Appellant. *

___________ Submitted: September 29, 1998 Filed: October 5, 1998

___________ Before FAGG, LOKEN, and HANSEN, Circuit Judges.

___________ PER CURIAM. Carmichael Amaebi Febabor appeals the se ntence imposed by the district court 1 fo llowing his guilty plea to conspiring to launder money, in violation of 18 U.S.C

. § 1956(h). After denying Febabor & s motion for a downward departure, the cour t sentenced Febabor at the bottom of the applicable range to 24 months imprisonment-2-

and three years supervised release. The court also ordered Febabor to pay $269,288 in restitution jointly and severally with a co-defendant. This appeal followed. Afte r appe llate counsel moved to withdraw pursuant to Anders v. California , 386 U.S. 738 (1967), w e granted Febabor permission to file a pro se supplemental brief, but he has not done so.
The distr ict court & s denial of Febabor & s motion for a downward departure i s unreviewa ble, see United States v. Fischl , 16 F.3d 927, 929 (8th Cir. 1994) (distric t court & s failure to grant defendant downward departure is not reviewable on appeal i f court was aware of its authority to grant departure), and we believe the court & s order of restitution was not an abuse of discre tion, see United States v. French , 46 F.3d 710, 716 (8th Cir. 1995) (standard of review). Upon review of the recor d in accordance with Penson v. Ohio , 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, the judgment is affirmed. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
**Record of Ex Parte Contacts**

Docket No. FAA - 2012 - 0108 Directorate Identifier: 2011 - NM - 049 - AD 

### With whom outside the FAA has this AD action been discussed (i.e., Design Approval Holder, **manufacturer, ATA, NBAA, RAA, AOPA, ALPA, GAMA, etc)?** (You might nee d to submit a separate record to the Rules Docket. The AD Manual defines “ **Ex Parte Contacts** .”) 

### ORGANIZATION PERSON C ONTACTED DATE RESPONSE ATA Jo e White 03/07/2011 Concur. 

### Boeing AR Norm Black 03/07/2011 Concur.



### Other/Additional Information:
106TH CONGRESS

1ST SESSION H. CON. RES. 124

CONCURRENT RESOLUTION

Expressing the sense of the Congress relating to recent allegations of espionage and illegal campaign financing that have brought into question

the loyalty and probity of Americans of Asian ancestry.
106TH CONGRESS

1ST SESSION H. CON. RES. 124

CONCURRENT RESOLUTION

Whereas the right to life, liberty, and the pursuit of happiness are truths we hold as self-evident;

Whereas all Americans are entitled to the equal protection of

law;

Whereas Americans of Asian ancestry have made profound

contributions to American life, including the arts, our
2

•HCON 124 EH

economy, education, the sciences, technology, politics, and

sports, among others;

Whereas Americans of Asian ancestry have demonstrated

their patriotism by honorably serving to defend the

United States in times of armed conflict, from the Civil

War to the present; and

Whereas due to recent allegations of espionage and illegal

campaign financing, the loyalty and probity of Americans

of Asian ancestry has been questioned: Now, therefore, be

it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that—

3 (1) no Member of Congress or any other Amer4 ican should generalize or stereotype the actions of an

5 individual to an entire group of people;

6 (2) Americans of Asian ancestry are entitled to

7 all rights and privileges afforded to all Americans;

8 and

9 (3) the Attorney General, the Secretary of En10 ergy, and the Commissioner of the Equal Employ11 ment Opportunity Commission should, within their

12 respective jurisdictions, vigorously enforce the secu13 rity of America’s national laboratories and inves-
3

•HCON 124 EH

1 tigate all allegations of discrimination in public or

2 private workplaces.

Passed the House of Representatives November 2,

1999.

Attest:

Clerk.
1The presentence report indicates that the defendant’s legal name is Dan Duane

Drayer.

2The Honorable Lyle E. Strom, United States District Judge for the District of

Nebraska.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 00-1507NE

_____________

United States of America, *

* On Appeal from the United

Appellee, * States District Court

* for the District of

v. * Nebraska.

*

Daniel Drayer, * [Not To Be Published]

*

Appellant. *

___________

 Submitted: July 5, 2000

 Filed: July 19, 2000

___________

Before RICHARD S. ARNOLD, BOWMAN, and BEAM, Circuit Judges.

___________

PER CURIAM.

Dan Drayer1 appeals the sentence the District Court2 imposed on him following

his guilty plea to distributing methamphetamine in violation of 21 U.S.C. § 841(a)(1).

He argues that the Court erred in not departing downward sua sponte based on, among

other things, his rehabilitative conduct. Having carefully reviewed the record, we
-2-

conclude that the District Court did not plainly err in not granting an unrequested

downward departure. See United States v. Montanye, 996 F.2d 190, 192 (8th Cir.

1993) (en banc) (plain-error standard of review for issues not raised below); United

States v. Tapia, No. 99-2412, 2000 WL 146374, at *1 (8th Cir. Feb. 8, 2000)

(unpublished per curiam) (no plain error in not granting unrequested downward

departure). Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 99.1

Annual Statement of
ComplianceProtective Life Secured Trust 2005-15 (the "Trust")

I, Joseph A. Lloret, a duly elected and acting officer of The Bank of New York ("Indenture Trustee"), do hereby certify on
behalf of the Indenture Trustee, that:

1.     I
have reviewed and examined the performance by the Indenture Trustee of the
collection and distribution of trust money pursuant to
Section 5.02 and, if applicable, Section 6.06 of the Indenture
pursuant to which the Trust's notes (the "Notes") were issued during the fiscal year
ending December 31, 2005 (the "Relevant
Year"); and

2.     Based
upon my review and examination described in 1 above, and except as provided in the Report of Independent Registered Public Accounting Firm, dated March 31, 2006, prepared by the Trust's
independent registered public accounting firm in accordance with Section 10 of the Expense and Indemnity
Agreement, to the best of my knowledge, the collection of payments on the funding agreements and distribution of payments to noteholders
pursuant to Section 5.02 and, if applicable, Section 6.06 of the
Indenture was performed in a satisfactory manner in all material respects
throughout the Relevant Year.

THE BANK OF NEW YORK, as Indenture Trustee

|By: |  | /s/ JOSEPH A. LLORET
      Name:  Joseph A. Lloret
      Title:    Assistant Vice President |  |  |  | 
|--- |  | ------------------------------------------------------------------------------------------- |  |  |  | 

Date:  March 31, 2006
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in Registration Statements on Form S-8 (Nos. 333-163941 and 133-138226) and Form S-3 (Nos. 333-161756, 33-158126 and 333-147721) of Cadence Pharmaceuticals, Inc. and in the relatedProspectuses of our reports dated March 15, 2010, with respect to the financial statements of Cadence Pharmaceuticals, Inc. and the effectiveness of internal control over financial reporting of Cadence Pharmaceuticals, Inc., included in thisAnnual Report (Form 10-K) for the year ended December 31, 2009. 

/s/ Ernst & Young LLP

San Diego, California 

March 15, 2010
EXHIBIT 32.1  CERTIFICATION REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350  I, Monty Moore, Chairman of Nevada Star Resource Corp. certify that:  1. This quarterly report on Form 10-QSB of Nevada Star Resource Corp. 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 this quarterly report fairly presents, in all material respects, the financial condition and results of operations of Nevada Star Resource Corp.  Date:  October 16, 2006 /s/ Monty Moore  Monty Moore, Chairman
No. R66/55.

#### Kurt Orban Co., Inc. *v.*United States, reappraisements R62/3847 and R62/12087 (Jacksonville).

Bao, C. J.

In accordance with stipulation of counsel that the issues of fact and law are the same in all material respects as those in *Kurt*
      *850
      *Orban Company, Inc.*v. *United States*(52 CCPA 20, C.A.D. 851), the court found and held that export value, as that value is defined in section 402(b) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, T.D. 54165, is the proper basis of value for the galvanized wire and round steel wire in issue and that said value is the appraised value, less inland freight and f.o.b. charges of $9.75 per metric ton.
No. 65305.

#### B. Westergaard & Co., Inc. *v.*United States,

protests 331022-K, etc. (New York).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of bread similar in all material respects to that the subject of *United States*v. *Nordic Baking & Importing Co., Inc.*(47 C.C.P.A. 78, C.A.D. 733), the claim of the plaintiff was sustained.
<PAGE>   1
                         VIASOFT, INC. AND SUBSIDIARIES

                     COMPUTATION OF EARNINGS (LOSS) PER SHARE
                                   EXHIBIT 11
                      (in Thousands, except per share data)

<TABLE>
<CAPTION>
                                                                        THREE MONTHS ENDED
                                                                           SEPTEMBER 30,
                                                                        1999          1998
                                                                        ----          ----
<S>                                                                   <C>           <C>
BASIC EARNINGS (LOSS) PER SHARE
Common Shares Outstanding, beginning of period                          17,906        19,321

Effect of Weighting of Shares:
         Employee stock options exercised                                   33            26
         Treasury shares                                                    --          (392)
                                                                      --------      --------
Weighted average number of common shares outstanding                    17,939        18,955
                                                                      ========      ========
Net income (loss)                                                     $    421      $ (7,067)
                                                                      ========      ========
Earnings (loss) per common share                                      $   0.02      $  (0.37)
                                                                      ========      ========

DILUTED EARNINGS (LOSS) PER SHARE
Common Shares Outstanding, beginning of period                          17,906        19,321

Effect of Weighting of Shares:

         Warrants and employee stock options outstanding                   475
         Employee stock options exercised                                   33            26
         Treasury shares                                                    --          (392)
                                                                      --------      --------
Weighted average number of common and common
  share equivalents outstanding                                         18,414        18,955
                                                                      ========      ========
Net income (loss)                                                     $    421      $ (7,067)
                                                                      ========      ========
Earnings (loss) per common and common share equivalent                $   0.02      $  (0.37)
                                                                      ========      ========
</TABLE>
May 18, 1965

No. 69312.

#### H. Cohen Import Co. et al. *v.*United States,

protests 63/13265, etc.

Plaintiffs’ application for rehearing granted.
No. 54439.

#### Henry L. Goetz *v.*United States,

protest 157459-K (New York).

Opinion by

Oliver, C. J.

Following the authorities cited in Abstract 15400 the court dismissed the protest.
IV

106TH CONGRESS

2D SESSION H. CON. RES. 306

Expressing the sense of Congress in support of the freeze on longer

combination vehicles and current Federal limitations on truck size and weight.

IN THE HOUSE OF REPRESENTATIVES

APRIL 12, 2000

Mr. MCGOVERN (for himself, Mr. HORN, Mr. BLUMENAUER, and Mrs.

MORELLA) submitted the following concurrent resolution; which was referred to the Committee on Transportation and Infrastructure

CONCURRENT RESOLUTION

Expressing the sense of Congress in support of the freeze

on longer combination vehicles and current Federal limitations on truck size and weight.

Whereas section 127(d) of title 23, United States Code, prohibits expanded operation of long double and triple trailer

trucks, otherwise known as longer combination vehicles;

Whereas Congress froze operations of longer combination vehicles in 1991 because of the public concern over the safe

operation of these vehicles on certain highways and the

excessive infrastructure damage they cause on highways

not built for their use;

Whereas the United States Department of Transportation, in

Draft Volume III of the Comprehensive Truck Size and

Weight Study, released December 30, 1998, projected
2

•HCON 306 IH

that multitrailer combination trucks like longer combination vehicles could be expected to experience at least an

11 percent higher overall fatal crash rate than single

trailer combination vehicles;

Whereas the Department of Transportation also found that

longer combination vehicles are prone to rearward amplification (or swaying) and greater speed differentials while

climbing or descending and need more time and distance

in making lane changes;

Whereas section 127(a) of title 23, United States Code, contains provisions limiting the gross vehicle weight of commercial motor vehicles permitted on interstate highways

in the United States;

Whereas United States Department of Transportation has

recognized the need to dramatically reduce the number of

truck-related highway fatalities; and

Whereas surveys of individuals in the United States demonstrate that an overwhelming majority of Americans oppose expanded use of longer combination vehicles and any

increase in the length or weight of commercial trucks:

Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring),

3 SECTION 1. SHORT TITLE.

4 This resolution may be cited as ‘‘Safe Highways Res5 olution’’.

6 SEC. 2. CONTINUATION OF FREEZE.

7 (a) LONGER COMBINATION VEHICLES.—Prohibitions

8 and restrictions on longer combination vehicles under sec-
3

•HCON 306 IH

1 tion 127(d) of title 23, United States Code, should not

2 be amended so as to weaken the current ‘‘freeze’’ on those

3 vehicles or result in any less restrictive prohibition or re4 striction on those vehicles.

5 (b) WEIGHT LIMITATION.—The prohibitions and re6 strictions contained in section 127(a) of title 23, United

7 States Code, should not be amended in any way so as to

8 permit operation of commercial motor vehicles with a

9 gross vehicle weight greater than currently allowed under

10 Federal law.

Æ
<PAGE>   1
                                                                     Exhibit 3.4

                            ARTICLES OF AMENDMENT TO
                          ARTICLES OF INCORPORATION OF
                              ROCKFORD CORPORATION

                  1. The name of the corporation is ROCKFORD CORPORATION.

                  2. The amendment adopted by action of the directors and
stockholders is to amend ARTICLE IV of the corporation's articles of
incorporation to read in its entirety as follows:

                  "The corporation shall have authority to issue 20,000,000
                  shares of common stock of the par value of $.01 per share."

                  3. The date of adoption of the amendment by the shareholders
was April 21, 1999.

                  4. The number of shares of the corporation outstanding and the
number of shares entitled to vote thereon were 1,025,878.

                  5. The number of shares voting in favor of adopting the
amendment was 978, 323, and the number of shares voting against the adoption was
zero (0).

                                    DATED as of April 30, 1999.

                                      ROCKFORD CORPORATION


                                      By    /s/
                                        ---------------------------------------
                                        W. Gary Suttle, President


                                      By    /s/
                                        ---------------------------------------
                                        James M. Thomson, Assistant Secretary

STATE OF ARIZONA        )
                        )  ss.
County of Maricopa      )

                  The foregoing instrument was acknowledged before me this 30
day of April, 1999, by W. Gary Suttle, President of ROCKFORD CORPORATION, an
Arizona corporation, on behalf of the corporation.

                                          /s/
                                      -----------------------------------------
                                      Notary Public
<PAGE>   2
STATE OF ARIZONA  )
                                    )  ss.
County of Maricopa                  )

                  The foregoing instrument was acknowledged before me this 30
day of April, 1999, by James M. Thomson, Assistant Secretary of ROCKFORD
CORPORATION, an Arizona corporation, on behalf of the corporation.

                                          /s/
                                      -----------------------------------------
                                      Notary Public

                                       2
(Reap. Dec. 10846)

#### John H. Faunce, Phila., Inc. *v.*United States

Entry Nos. 15065; 11727.

(Decided November 10, 1964)

*Sharp & Bogan*for the plaintiff.

*John W. Douglas,*Assistant Attorney General, for the defendant.

Kao, Judge:

The appeals for reappraisemeut listed in schedule A, annexed to this decision and made a part hereof, have been submitted for decision upon the following stipulation:

> IT IS HEREBY STIPULATED AND AGREED by the undersigned, subject to the approval of the Court:

> 1. That the subject merchandise consists of hardboard exported from Sweden as to which the Secretary of the Treasury issued a finding of dumping, published in 89 TD 197, TD 53567, made pursuant to the Antidumping Act of 1921 (19 U.S.O. 160, et seq.).

> 2. That pursuant to Section 168 of said Antidumping Act, the appraiser reported the purchase price (Sec. 162) and the foreign market value (See. 164) as to the merchandise listed on Schedule A attached hereto and made a part hereof.

> 3. That pursuant to Sections 500 and 402 of the Tariff Act of 1930 as amended, the appraiser appraised all of the merchandise in the appeals for appraisement enumerated on Schedule A for regular duty purposes.

> 4. That the plaintiff duly filed appeals for reappraisement as to the values referred to in the above paragraphs Nos. 2 and 3.

> 5. That at the times relevant herein the purchase price and the foreign market value under the said Antidumping Act are as specified in the aforesaid Schedule A attached hereto.

> 6. That as to all other items of merchandise not identified on Schedule A, the appraiser’s reports of purchase price and of foreign market value are correct.

> 7. That the appraiser’s findings of value under the provisions of Section 402 of the Tariff Act of 1930 as amended, are correct.

> 8. That said appeals are submitted for decision upon this stipulation and said Schedule A.

Upon the agreed facts, I find foreign market value, as denned in section 164 of the Antidumping Act of 1921 (19 U.S.C. § 164), for the merchandise described in said schedule A, and the purchase price thereof, within section 162 of said act (19 U.S.C. §162), to be as indicated in said schedule. As to all other items of merchandise not identified in schedule A, I find the foreign market values and purchase prices to be as reported by the appraiser. In all other respects, the values of all merchandise are as returned by the appraiser.

Judgment will be entered accordingly.
Before the Second Division,

December 21, 1949

No. 53843.

#### E. B. Baehr & Sons et al. *v.*United States,

protests 729584-G, etc. (New York).

Opinion by

Lawrence, J.

By virtue of the decision in *T. M. Duche & Sons, Inc.*v. *United States*(36 C. C. P. A. 19, C. A. D. 391), the protests were dismissed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         October 19, 2023.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on October 10, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 71 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-4, CP2024-4.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-23021 Filed 10-18-23; 8:45 am]

BILLING CODE 7710-12-P
No. 66131.

#### J. M. Sutton Sons & Co. *v.*United States,

protests 61/7252(C), etc. (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of wall plaques similar in all material respects to those the subject of *Ross Products, Inc.*v. *United States*(43 Cust. Ct. 74, C.D. 2106), the claim of the plaintiff was sustained.