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

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

MAY 9, 2012

JOHN LEY

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 11-12755 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 4:10-cr-00080-RH-WCS-1

UNITED STATES OF AMERICA, 

llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,

versus

KEVIN MICHAEL TILCOCK, 

lllllllllllllllllllllllllllllllllllllll l Defendant-Appellant.

________________________

 Appeal from the United States District Court

 for the Northern District of Florida

 ________________________

(May 9, 2012)

Before CARNES, WILSON and PRYOR, Circuit Judges.
PER CURIAM:

Kevin Tilcock appeals his sentence of 135 months of imprisonment for

conspiring to distribute oxycodone, methadone, and alprazolam, 21 U.S.C. § 846,

possessing those illegal drugs with intent to distribute, id. § 841(a)(1), (b)(1)(C),

and distributing oxycodone, id. Tilcock challenges the enhancement of his

sentence for obstructing justice, United States Sentencing Guidelines Manual §

3C1.1 (Nov. 2010), and the denial of his request to reduce his sentence for

accepting responsibility by pleading guilty, id. § 3E1.1. We affirm.

We review the interpretation and application of the Sentencing Guidelines

de novo and related findings of fact for clear error. United States v. Doe, 661 F.3d

550, 565 (11th Cir. 2011) (obstruction of justice); United States v. Gupta, 572

F.3d 878, 887 (11th Cir. 2009) (acceptance of responsibility). The finding that a

defendant has not accepted responsibility for his criminal conduct is “‘entitled to

great deference on review and should not be disturbed unless it is without

foundation.’” United States v. Knight, 562 F.3d 1314, 1322 (11th Cir. 2009)

(quoting United States v. Davis, 878 F.2d 1299, 1301 (11th Cir. 1989)).

The district court did not err when it enhanced Tilcock’s sentence for

obstructing justice nor when it denied his request for a reduction of his sentence

for acceptance of responsibility. During a pre-sentence hearing, Tilcock testified

2
that he had identified Jacob Mason as the person who had made the undercover

purchases that led to the charges against him. Tilcock admitted that he had called

Mason and had said “If you’re still living in Tallahassee, I’ll find you and beat

your ass”; “I’ll come after that whore of yours too”; and “I’ve got a pistol waiting

too.” Mason testified that he also had received text messages from Tilcock that

stated, “When I see you, I’ll get you.” The district court did not clearly err in

finding that Tilcock had intended to threaten Mason, see id. § 3C1.1 cmt n.4(A),

and that Tilcock “ha[d] not accepted responsibility for his criminal conduct,” id. §

3E1.1 cmt. n.4.

We AFFIRM Tilcock’s sentence.

3
EX-23
      CONSENT OF CHILD, VAN WAGONER & BRADSHAW, PLLC

     CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


Board of Directors
GameZnFlix, Inc.

We consent to the incorporation by reference of our independent
registered public accounting firm report dated February 15, 2007 on
the consolidated balance sheet as of December 31, 2006, and the
related consolidated statements of operations, changes in
stockholders' (deficit) and cash flows the years ended December 31,
2006 and 2005, included in GameZnFlix, Inc.'s Form 10-KSB, into the
Company's previously filed registration statements on Forms S-8 (File
No. 333-131054 and File No. 333-140686).

/s/ Child, Van Wagoner & Bradshaw, PLLC
Child, Van Wagoner & Bradshaw, PLLC
March 26, 2007
Salt Lake City, Utah
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 00-4384

SANA LEE SANFORD,

Defendant-Appellant. 

Appeal from the United States District Court

for the Southern District of West Virginia, at Charleston.

John T. Copenhaver, Jr., District Judge.

(CR-99-197)

Submitted: October 20, 2000

Decided: November 17, 2000

Before NIEMEYER and WILLIAMS, Circuit Judges, and

HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Mary Lou Newberger, Acting Federal Public Defender, Brian J.

Kornbrath, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Rebecca A. Betts, United States Attorney, Ray

M. Shepard, Assistant United States Attorney, Charleston, West Virginia, for Appellee. 
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 

OPINION

PER CURIAM: 

Sana Lee Sanford appeals his 135-month sentence imposed following his guilty plea to possession with intent to distribute cocaine in

violation of 21 U.S.C. § 841(a)(1) (1994). Finding no reversible error,

we affirm. 

Sanford asserts that the sentencing court erred in considering evidence of drug quantities in determining relevant conduct at his sentencing hearing that was not reported in his presentence report.

Sanford also complains that consideration of additional testimony

from Government witnesses as to additional drug quantities was

unfair because he was not sufficiently notified that the Government

would be presenting such evidence. We find no error in the district

court’s consideration of this evidence. See United States v. Thomas,

932 F.2d 1085 (5th Cir. 1991); United States v. Williams, 977 F.2d

866 (4th Cir. 1992). 

Next, Sanford asserts that the court erred in imposing a three-level

increase in offense level under United States Sentencing Guidelines

Manual § 3A1.2(b) (1998). We find no clear error in this regard. See

United States v. Daughtrey, 874 F.2d 213, 217-18 (4th Cir. 1989). For

these reasons, we affirm Sanford’s sentence. We dispense with oral

argument because the facts and legal contentions of the parties are

adequately presented in the materials before the Court and argument

would not aid the decisional process.

AFFIRMED

2 UNITED STATES v. SANFORD
# C_2007311EN.01002901.xml

| 21.12.2007 | EN | Official Journal of the European Union | C 311/29 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

C 311/29

---

Corrigendum to information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

(
  Official Journal of the European Union C 78 of 11 April 2007
  )

(
  Official Journal of the European Union C 78 of 11 April 2007

(2007/C 311/17)

On page 13, Aid XS 160/06, under ‘Duration of the scheme or individual aid award’:

for:

‘Until 31.12.2007’,

read:

‘Until 30.6.2008’.

---
No. 52699.

protests 545501-G, etc. (New York).

#### Samuel Brait’s et al. *v.*United States,

Opinion by

Rao, J.

The protests were dismissed.
#### The People of the State of New York, Respondent, v Michael Ross, Appellant.

[633 NYS2d 355]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered February 18, 1993, convicting him of *384murder in the second degree, attempted murder in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The court properly denied the defendant’s *pro se*motion to renew and/or reargue a previously-denied motion to dismiss the indictment on the ground that the People violated his constitutional right to a speedy trial *(see,*CPL 30.20). The defendant was represented by counsel at the time that he made his *pro se*motion. Such a defendant is not entitled to a "right to hybrid representation” by which he simultaneously acts *pro se (People v White, 73*NY2d 468, 477, *cert denied*493 US 859; *see, People v Mirenda,*57 NY2d 261). In any event, after considering the five factors enumerated by the Court of Appeals in determining a constitutional speedy trial motion, we find that the defendant’s motion was without merit *(see, People v Taranovich, 37*NY2d 442, 445). A significant portion of the delay in question was caused by the defendant’s trial on unrelated criminal charges, and the defendant failed to demonstrate prejudice which would warrant a reversal of his conviction for these serious crimes *(see, People v Rossi,*210 AD2d 511; *People v Quiroz,*192 AD2d 730).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Balletta, J. P., Miller, O’Brien and Copertino, JJ., concur.
FRONTIER FUNDS



Exhibit
32.3



CERTIFICATION
PURSUANT TO

18
U.S.C.§1350,

AS
ADOPTED PURSUANT TO



SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002



In
connection with the Quarterly Report of the Frontier Select Fund, a Series of Frontier Funds on Form 10-Q for the period ended
June 30, 2018, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the
undersigned hereby certifies, to the best of his knowledge:



| | (1) | The
Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The
information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
of the Frontier Select Fund.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------

|                                                                                                                                                                                                                                                                                                                                                                                 
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|/s/
                                         Patrick J. Kane                                                                                                                                                                                                                                                                                                                     
|Patrick
    J. Kane                                                                                                                                                                                                                                                                                                                                                              
|Chairman,
                                                                     Chief Financial Officer, Chief Accounting Officer
and Managing Member of Frontier Fund Management LLC,
the Managing Owner
                                                                     of Frontier Funds
                                                         
        August 14, 2018
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.                  

###### Department of the Interior

###### Bureau of Land Management 

          - [CO-922-07-1310-FI; COC64229] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice of Proposed Reinstatement of Terminated Oil and Gas Lease. 

# SUMMARY:

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC64229 from Tatonka Oil and Gas Company, LLC for lands in Moffat County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. 

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, at 303.239.3767. 

# SUPPLEMENTARY INFORMATION:

                    The lessee has agreed to the amended lease terms for rentals and royalties at rates of $20.00 per acre or fraction thereof, per year and 18                    2/3                     percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this                     **Federal Register**                     notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease COC64229 effective December 1, 2006, under the original terms and conditions of the lease and the increased rental and royalty rates cited above.                 

Dated: March 15, 2007 

Milada Krasilinec, 

Land Law Examiner.

[FR Doc. E7-5241 Filed 3-21-07; 8:45 am] 

BILLING CODE 4310-JB-P
(Reap. Dec. 8726)

#### Red Line Commercial Co., Inc. *v.*United States

Entry Nos. 1199; 498.

(Decided January 17, 1957)

Plaintiff not represented by counsel.

*George Cochran Doub,*Assistant Attorney General, for the defendant.

Olivee, Chief Judge:

These two appeals for reappraisement are

before me for decision on the following stipulation:

> It is hereby stipulated and agreed by and between the undersigned, subject to the approval of the Court, that at the time of exportation of the 2,000 cases Bovril corned beef (24/12 oz. tins, first grade) involved in Reappraisement No. 279975-A, and the *1,000*eases Bovril corned beef (24/12 oz. tins, first grade) involved in Reappraisement No. 279976-A, the price at which such or similar imported merchandise was freely offered for sale in the United States, as defined in Section 402 (e) of the Tariff Act of 1930, as amended, was $2.9924 per dozen tins, net packed.

> It is further agreed that at the time of exportation of said merchandise, there was no foreign value or export value for such or similar merchandise as defined in Section 402 (c) and (d) of said act, and that these cases may be submitted for decision upon the foregoing stipulation.

On the agreed facts, I hold United States value, as defined in section 402 (e) of the Tariff Act of 1930, as amended, to be the proper basis for appraisement for the canned corned beef in question, as hereinabove identified, and that such statutory value for the merchandise is $2.9924 per dozen tins, net packed.

Judgment will be rendered accordingly.
Exhibit 23





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM








Board of Directors


TBC Global News Network, Inc.




We consent to the incorporation by reference of our independent auditors’ report dated April 14, 2010 on the consolidated balance sheets as of December 31, 2009 and 2008, and the related consolidated statements of operations, changes in stockholders’ (deficit) and cash flows the years ended December 31, 2009 and 2008, included in TBC Global News Network's Form 10-K, into the Company’s previously filed registration statement on Form S-8 POS (File No. 333-105157) and the Company's previously filed registration statement on Form S-8 (File No. 333-162404).




/s/ Child, Van Wagoner & Bradshaw, PLLC


Child, Van Wagoner & Bradshaw, PLLC


Salt Lake City, Utah


April 15, 2010
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.                  

###### Nuclear Regulatory Commission

# AGENCY:

Nuclear Regulatory Commission. 

# ACTION:

Notice of Issuance; Correction. 

# SUMMARY:

                        This document corrects a notice published in the                         **Federal Register**                         on March 13, 2007 (72 FR 11381), which informs the public that the NRC is considering issuance of an amendment to Renewed Facility Operating License No. DPR-72. This action is necessary to correct the name of the licensee.                     

# FOR FURTHER INFORMATION CONTACT:

                        Beverly A. Clayton, Office of Nuclear Reactor Regulation, Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-3475, e-mail:                         *bac2@nrc.gov.*

# SUPPLEMENTARY INFORMATION:

On page 11381, appearing near the bottom of the second column, the heading is corrected to read as above, and in the last line of the second column and the first line of the third column, “Florida Power and Light” is corrected to read “Florida Power Corporation.” 

Dated in Rockville, Maryland, this 16th day of March 2007. 

For the U.S. Nuclear Regulatory Commission. 

Stewart N. Bailey, 

Senior Project Manager,  Plant Licensing Branch II-2,  Division of Operating Reactor Licensing,  Office of Nuclear Reactor Regulation.

 [FR Doc. E7-5249 Filed 3-21-07; 8:45 am] 

BILLING CODE 7590-01-P
#### UNITED STATES, Appellee v STANLEY C. TAYLOR, Private E-1, U. S. Army, Appellant

8 USCMA 24, 23 CMR 248

*25No. 9781

Decided May 17, 1957

*Lieutenant Colonel James M. Scott*and *First Lieutenant Jerome H. Gerber*were on the brief for Appellant, Accused.

*Lieutenant Colonel Thomas J. Newton*and *First Lieutenant William K. Davenport*were on the brief for Appellee, United States.

Opinion of the Court

PER CURIAM:

The Government concedes, and the record of trial shows, that the accused enlisted in the Army when he was fifteen years of age. He was still fifteen when in 1943 he absented himself from the service without authority. He was apprehended in March 1956, and brought to trial on a charge of desertion. At the trial, his defense counsel moved to dismiss the charge on the ground that the court had no jurisdiction over the accused because his enlistment was void. The motion was denied. It should have been granted. United States v Blanton, 7 USCMA 664, 23 CMR 128. Accordingly, the findings of guilty and the sentence are set aside, and the charge is ordered dismissed.
**Exhibit32.1**

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 200218 U.S.C. SECTION 1350**

Inconnection with the Worldspan, L.P. (the “Company”) Quarterly Report on Form10-Q for the period ended June 30, 2006 as filed with the Securities andExchange Commission on the date hereof (the “Report”), we, Rakesh Gangwal,Chairman, President and Chief Executive Officer of the Company, and Kevin W.Mooney, 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 of2002, that, to the best of our knowledge:

(1).                               TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2).                               Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Date:  |   | August 9, 2006 |   | By:    |   | /s/ Rakesh Gangwal                              |
|--------|--------|----------------|--------|--------|--------|-------------------------------------------------|
|   |   |           |   |   |   | Rakesh Gangwal                                  |
|   |   |           |   |   |   | Chairman, President and Chief Executive Officer |
|   |   |           |   |   |   |                                            |
|   |   |           |   |   |   |                                            |
| Date:  |   | August 9, 2006 |   | By:    |   | /s/ Kevin W. Mooney                             |
|   |   |           |   |   |   | Kevin W. Mooney                                 |
|   |   |           |   |   |   | Chief Financial Officer                         |

 

A signed original of thiswritten statement required by Section 906, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section906, has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

----
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 this report on Form 10-QSB of Summit Financial Services Group, Inc. (the
Company), for the quarter ended September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Marshall T. Leeds, Chairman, Chief Executive
Officer and President of the Company, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify, to my knowledge 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                            
|------------------------------------------------------------
|/s/ Marshall T. Leeds                                       
|Marshall T. Leeds                                           
|Chairman of the Board, Chief Executive Officer and President

Dated: November 14, 2007