alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable D. Brook Bartlett, Chief United States District Judge for the

Western District of Missouri.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-2957

___________ Frank Adipietro, * * Appellant, * * v. * Appeal from the United States * District Court for the Western United States of America, * District of Missouri. * Appellee. * [UNPUBLISHED]

___________ Submitted: September 16, 1999 Filed: October 5, 1999

___________ Before BOWMAN, LAY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM. Ina motion made pursuant to 28 U.S.C. § 2255, Frank Adipietro challenged his sentence of 190 months' imprisonment for conspiring to distribute, and to possess with intent to distribute, marijuana, in violation of 21 U.S.C. § 841(a)(1), § 846. The district court 1 deniedthe motion and Mr. Adipietro appealed. Mr. Adipietro asserts that the district court erred in determining the amount of marijuana properly attributable to him for sentencing purposes. Mr. Adipietro's specific complaint is that the relevant record-2– does not support a finding that he conspired to acquire over 1,000 kilograms of marijuana. Despite Mr. Adipietro's vigorous argument to the contrary, we find that he is estopped from making this contention because it was raised and rejected on direct appeal. See United States v. Adipietro , 983 F.2d 1468, 1472 (8th Cir. 1993). Mr. Adipietro admits that he challenged the district court's drug calculation on appeal, but maintains that his objection was to the inclusion of promised, future deliveries, not t o the quantities promised in those future deliveries. That point, he says, was not raised, and his counsel was ineffective for not doing so.
Mr. Adipietro's brief on direct appeal from his sentence belies his contention. The brief specifically maintains that the district court erred "as a matter of fact by determining that [future negotiated deliveries] amounted to a negotiation for over 1,000 kilograms of marijuana," and the brief argues, among other things, that the court "utilized inaccurate facts (amounts and numbers of deliveries) to determine the amount of marijuana." Mr. Adipietro makes the exact same argument in the instant case, and thus his § 2255 petition is an abuse of the writ. See Thompson v. United States , 7 F.3d 1377, 1379 (8th Cir. 1993) ( per curiam ), cert. denied , 511 U.S. 1010, 1038 (1994). The judgment of the district court is affirmed. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND
 CHIEF FINANCIAL OFFICER
 PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  
 I certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-QSB of Legal Access Technologies, Inc. for the quarterly period ending July 31, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Legal Access Technologies, Inc.








By         _/s/ Michael Cane_________
 
 Name:    Michael A. Cane
 Title:       Principal and Chief Executive and
 Financial Officer, President, and Director
No. 66661.

#### World Sales, Inc. *v.*United States,

protests 61/13256 and 61/13466 (Los Angeles).

Opinion by

Kao, J.

In accordance with stipulation of counsel that the merchandise and issues herein are similar in all material respects to those the subject of *United States*v. *Schmidt Pritchard & Co. et al.*(47 C.C.P.A. 152, C.A.D. 750), the claim of the plaintiff was sustained.
Exhibit 23.3













CONSENT OF BARTON G. STONE
  March 22, 2010
  I hereby give my consent to the use of my name and references to, excerpts from, and summaries of, the following reports which have been incorporated into the Annual Information Form for the year ended December 31, 2009 (the "AIF") and which are incorporated as exhibits to the annual report on Form 40-F of Jaguar
Mining Inc. for the year ended December 31, 2009:
  (a)
the Technical Report on the Resource Estimate for the Gurupi Project, Maranhão State, Brazil, dated December 4, 2009.
  I also hereby consent to the incorporation by reference of the information contained in the AIF and the annual report on Form 40-F, into the Registration Statement on Form F-10 (Registration No. 333-160040) and Registration Statement on Form S-8 (Registration No. 333-144969) of Jaguar Mining Inc.
  Sincerely,
   GRAPHIC
 
 BARTON G. STONE, C.P.G.
On behalf of himself and Pincock, Allen & Holt, Inc.
Before the Third Division,

November 21, 1956

No. 60371.

protests 261771-K, etc. (New York).

#### Alfred Orlik, Inc., et al. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of figures the same in all material respects as those the subject of *Wm. S. Pitcairn Corp.*v. *United States*(39 C. C. P. A. 15, C. A. D. 458), the merchandise was held dutiable as follows: (1) The items marked with the letter *“A”*at 20 percent under paragraph 1547 (a); and (2) the items marked with the *425letter “B” at 10 percent under said paragraph, as modified by the Annecy Protocol to the General Agreement on Tariffs and Trade (T. D. 52373), supplemented by Presidential proclamation (T. D. 52476).
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 Annual Report of Atlas America Public #14-2005 (A) L.P. (the
"Partnership") on Form 10-KSB for the year ended December 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Matthew A. Jones, Chief Financial Officer of the MGP, 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 results of operations of the
      Partnership.
 
 By:
              /s/ Matthew A.
      JonesName:
              Matthew
      A. JonesTitle:
              Chief
      Financial Officer of the Managing General PartnerDate:
              March
      28, 2008
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 37 Referred in Senate (RFS)]

  1st Session
H. CON. RES. 37

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 24, 1999

      Received and referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Concerning anti-Semitic statements made by members of the Duma of the 
                          Russian Federation.

Whereas the world has seen in the 20th century the disastrous results of ethnic, 
        religious, and racial intolerance;
Whereas the Government of the Russian Federation is on record, through 
        obligations freely accepted as a participating state of the Organization 
        on Security and Cooperation in Europe (OSCE), as pledging to ``clearly 
        and equivocally condemn totalitarianism, racial and ethnic hatred, anti-
        Semitism, xenophobia and discrimination against anyone * * *'';
Whereas at two public rallies in October 1998, Communist Party member of the 
        Duma, Albert Makashov, blamed ``the Yids'' for Russia's current 
        problems;
Whereas in November 1998, attempts by members of the Russian Duma to formally 
        censure Albert Makashov were blocked by members of the Communist Party;
Whereas in December 1998, the chairman of the Duma Security Committee and 
        Communist Party member, Viktor Ilyukhin, blamed President Yeltsin's 
        ``Jewish entourage'' for alleged ``genocide against the Russian 
        people'';
Whereas in response to the public outcry over the above-noted anti-Semitic 
        statements, Communist Party chairman Gennadi Zyuganov claimed in 
        December 1998 that such statements were a result of ``confusion'' 
        between Zionism and ``the Jewish question''; and
Whereas during the Soviet era, the Communist Party leadership regularly used 
        ``anti-Zionist campaigns'' as an excuse to persecute and discriminate 
        against Jews in the Soviet Union: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) condemns anti-Semitic statements made by members of the 
        Russian Duma;
            (2) commends actions taken by members of the Russian Duma 
        to condemn anti-Semitic statements made by Duma members;
            (3) commends President Yeltsin and other members of the 
        Russian Government for condemning anti-Semitic statements made 
        by Duma members; and
            (4) reiterates its firm belief that peace and justice 
        cannot be achieved as long as governments and legislatures 
        promote policies based upon anti-Semitism, racism, and 
        xenophobia.

            Passed the House of Representatives March 23, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
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 on Form 10-Q of PC Connection, Inc. (the Company) for the period ended
September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Patricia Gallup, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, 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 results of operations of the Company.



|                       |  |  |  |                                                     
|---------------------- |  |  |  | ----------------------------------------------------
|Date: November 6, 2009 |  |  |  | /s/    Patricia Gallup                              
|                       |  |  |  | Patricia GallupPresident and Chief Executive Officer
<Page>

                                                                     EXHIBIT 4.1

                         CONSENT OF INDEPENDENT AUDITORS

     We consent to the reference to our firm under the caption
"Experts-Independent Auditors" and to the use of our report dated October 1,
2003 in the Amendment No. 2 to the Registration Statement (File No. 333-107248)
and related Prospectus of Claymore Securities Defined Portfolios, Series 156.


                                        /s/ Grant Thornton LLP
                                        -------------------------
                                        GRANT THORNTON LLP


Chicago, Illinois
October 1, 2003
p ‘:‘~~ OFFlCROFTHEAlTORNRYGENERALOFTRXAS
, AURT'IN 

## 30 

# ”

rplus tumdm eolem of ccahot-

. . ber wth, r 16tter ot 

### Septea

## rritt ) Nr. Tucker, Peher thereisuqhe produat.%onof flshl?or +a by arperKl.itures or poration Mll, to whloh you refer, as pasmiffo appropriations for Ohe Game, Fish 

### The Approprfation Bill has tlLviAe&s&e 0x1: Ylsh ROpS##iOB and Protection DiViriOB, Corctbl Rivislon, Xrinteasncs, X.l.scell8nooua 6r1mpr0tcmBttl nirimion, 

### Fish, Eatehery and Sand, Shell 6nd Gravel Blrisica, &aintemance, miaoellmeoas and ImprovepientsDitislOn, all Of which sabrPO0 SUJ different itas.

'Pherider ottaohed to said approprlrtlon reads ia part 

### as follawsr

## 31

usme, Fish (r.

Oyster **Comdsaion -**  page B

**‘ The**  **for4gOlng up4Offle**  **UOUBb, Or**  **so** maohthoroaf u may

### be used, U’4 

### hereby8p-’

- proprirtod for the purposee above enweratsd. 0 4 4. ~11 mmsy to the oredit of these 

### speoialfunds on band in the 

### Strta Trersq 010 **Septmber** I, 1943, together with the cur

### rent **revenuea to**  be derived and plaoed to the oredit aE these cpeoiol funds 

### duringthe 

### nut o~w.lagtweyersa sndingWgast 31, 1945, are hereby rppropriatsd ami ry bo uoed fer 

### theperformmae of the duties u&l funotions of Ihe (iwe, Fish 6 **water** GoQd.ui0n **in.prO** 

### l wriag, proteeting nod ia8Peasing the supply **of** wild birds, 

## wiiaanimals, fish 8nd other 

### edAblerquatiouduls of tbtm State. 4 4 4. lierddiiionel 44iploye4s,exempt 

### teapory k pleyees, uy be paid 

### frommy fund herein 

### lpproprirted. Any salary paid 8tempervf employee shall not exoeed the 

### mte at salaries h4r4iB appropri8ted for 

### employeeswlth~simil8r .dUtliU.~
It is our opinion that the oondoatlag of s mhellfish hatobery for the production 4f oysters could 

### aene within the *preeaxW.mg, proteoting and 

### inoreuing the eupp&y of wild birdm, wild mimalr, flub antI**Otber ’** **dlbXe 8quats.c**  **uhals** 

### of **this** state.* You an, therafera, use 8x1~of the surplus Tundo ever and **above** thome spedffloal1~ 8ppropriated for 

### saidpurpose,

loi oannot, hewav+r, employ amy uIditisna1 help or epplo7444 exoapt those that rould be teraed and sre ***teuiporary** saployeeo*, und pay s~lpdhtco;any of sitidWm.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 116 Received in Senate (RDS)]

  2d Session
H. J. RES. 116

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 26 (legislative day, September 22), 2000

                                Received

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-275, is 
further amended by striking
the date specified in section 106(c) and inserting ``October 27, 
2000''.

            Passed the House of Representatives October 26, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
December 11-14, 2005 z Duck Key, FL, USA

77 

### Long Term Evaluation of Sponge Population Recovery Following a Widespread Mortality: Will We Ever Know When Recovery Has Occurred? Is Restoration Necessary?

John Stevely, Donald E. Sweat and Robert Wasno
Florida Sea Grant Extension Program, Palmetto, FL

One of the most dramatic manifestations of the perceived deteriora tion of the Florida Bay ecosystem has been widespread sponge mortalities caused by cyanobacteria blooms. During 1992 and 1993, widespread sponge mortalities sign ificantly impacted sponge population in the Florida Keys, U.S.A. The extent of the impact ed area was estimated to be approximately 1,000 km2. The work described here (initiated prior to the mortalities) documented a highly significant reduction (over 90%) in sponge community volum etric biomass. Sponge numerical abundance data has been collected annually since 1991, a llowing for the development of a unique, truly long-term (1991-2004) picture of sponge populati on dynamics following the mortalities. One of the project goals was to determine if restorat ion of hard-bottom sponge communities would be

necessary.

As the project has evolved into a long-term picture of sponge population recovery, it is now possible to sort out natural sponge population ab undance variability. The data identified several sponge species that are s hort-lived, and that widely fluctuate in abundance ( Adocia sp., Cinachyra sp., Halichondria melanadocia

, Haliclona molitiba

, Hyrtios sp., Niphates erecta , and Tedania ignis ). In a sense, it may be impossible to c onclude that these species have recovered because their abundance is probably constantly ch anging. On the other hand, the data indicate that there are several long-lived sponge species that show gradual consis tent recruitment. These species dominate sponge community biomass inthe study area. Two species, the loggerhead sponge ( Spheciospongia vesparia ) and vase sponge ( Ircinia campana ) represented 59% of sponge community biomass prior to the mortalities. It is apparent that only a few species, such as these are important from a resource management pe rspective because they constitute the bulk of sponge habitat and ability to filter water. If th ese long-lived species successfully recruit, then sponge population recovery can be considered co mplete, as the abundance of other short-lived species will continue to fluctuate.

After ten years there has been significant recovery of sponge populations. However, certain key species (in terms of biomass) have not recovered fully, but their reestablishment appears to have begun. In this case, recovery of the sponge co mmunity biomass, unaided by human intervention, appears to be a decades long process.

Contact Information : John Stevely, Florida Sea Grant Extension Program, 1303 17 th St. W., Palmetto, FL 34221, Phone: 941-722-4524, Fax: 941-721-6608, Email: jmstevely@ifas.ufl.edu
No. 62950.

#### J. J. *Boll v.*United States,

protest 58/8743 (New York).

Opinion by

Oliver, C. J.

The protest was dismissed.
<PAGE>   1
                                                                   Exhibit 10.33


             LETTER AGREEMENT DATED APRIL 30, 1997 ("AGREEMENT")
                                   BETWEEN
                      WINDMERE CORPORATION ("WINDMERE")
                                     AND
                   SALTON/MAXIM HOUSEWARES, INC. ("SALTON")

WHEREAS, Windmere, with its main office in Miami Lakes, Florida, and Salton,
with its main office in Mt. Prospect, Illinois, have worked together to obtain
the benefits of significant sales of products under the White-Westinghouse
brand to K-Mart Corporation ("K-Mart"), and have signed a multi-year contract
between Salton and K-Mart documenting said relationship.

WHEREAS, the distribution profits on the sales to K-Mart of the
White-Westinghouse brand of appliances will all be received and recorded on the
books of Salton (the "White-Westinghouse Profits").

NOW, THEREFORE, following K-Mart's execution of the aforesaid contract and in
consideration of Windmere's marketing cooperation efforts in connection with
the Company's supply contract with Kmart and Windmere's guarantee of the
Company's obligations under such contract, this Letter Agreement documents the
obligation of Salton to pay a fee as described herein to Windmere as
compensation for its efforts on Salton's behalf in obtaining said
White-Westinghouse Profits.

FEE: Salton shall pay Windmere a fee equal to 50% of the White-Westinghouse
profits (the "50% Fee"). The 50% Fee shall be paid within 60 days of the close
of each calendar quarter based on the transactions in said quarter, accompanied
by a sales report transmitted by facsimile, which will provide such sales 
information and other data as Windmere may reasonably require to describe the 
calculation of the 50% fee.

For purposes of this Agreement, the "White-Westinghouse Profits" shall be
computed based on all White-Westinghouse sales (net of actual returns) to
K-Mart less direct costs of sales and direct expenses, such as the Detroit
office selling expenses, inspection fees, warehousing costs, freight out,
royalties and cooperative advertising. Direct Expenses shall not include taxes
whether based on income or property, data processing and/or other selling,
general and administrative costs except those identified in the preceding
sentence or mutally agreed upon.

PAYMENT: Payment shall be by wire transfer to Windmere's bank account.

TERM: This Agreement shall not be cancelable during the term of that
definitive contract between Salton and K-Mart, including any extensions or
modifications thereof. The term of this agreement shall coincide with the
contract term as specified in that said contract between Salton and K-Mart.

JURISDICTION: This Agreement shall be interpreted under the laws of the State
of Florida.

Windmere Corporation                              Salton/Maxim Housewares, Inc.

By:  /s/ Harry D. Schulman                        By: /s/ Leonhard Dreimann
   ----------------------------                     --------------------------
       Harry D. Schulman                             Leonhard Dreimann
       Senior Vice President                         President
C O U R T O F A P P E A LS EI GHTH D I STRI CT OF TEXAS ELPASO, TEXAS

SERGI O MARTI

N CARDENAS, Ap pe lla nt, v. DO RALUZ CA RD EN AS, Appellee . § § § § § § No . 0 8- 11 -0 00 70 -C V

Appea l from the 383rd Judi cial District Court of El Pa so County , T e xas (TC# 2008CM210)

M EM OR

AN DU M OP IN ION Pending be fore the Court is Appellant’s motion to non-suit not ice of appea l, which we construe a s a motion to dism iss. The motion is gra nted, and this appe al is dismis sed. See T EX .R.A PP .P. 42.1(a)( 1). Costs of appea l are assessed a g ainst Appellant. SeeT EX .R.A PP .P. 42.1(d).

J une 29, 2011 DAVI D WEL L I NGTONCHEW, C hief Just ice B e f o r e C h e w , C . J. , M c C l ur e , a n d R i v e r a , JJ.
No. 52140.

protests 490981-G, etc. (New York).

#### Lilienthal & Grossman, Inc., et al. *v.*United States,

*256Opinion by

Kincheloe, J.

It was stipulated that the merchandise is the same in all material respects as the gloves which were the subject of *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C. A. D. 333). The claim at 50 percent ad valorem under paragraph 915, plus any additional duty applicable under paragraph 924, was therefore sustained.